1879. CONGRESSIONAL RECORD-SENATE. 1113

The vote being announced, Mr. GARFillLD said: I raise the point that no quorum is pre8ent. IN SENATE. This question is too important to be decided by less than a quorum. SATURDAY, February 8, 1879. The.SPEAKER. No quorum bas voted. Prayer by the Cha~lain, Rev. BYRON SUNDERLAND, D. D. Mr. P .A.TTERSON, of Colorado. I move that the House now ad- The Journal of yesterday's proceedings was read and approved. journ. • The question being taken, there were-ayes 54, noes 44. CREDENTIALS. Mr. McKENZIE. I call for the yeas and nays. Mr. GARL~D presented the credentials of JAMEs D. WA.LKER., Mr. STEPHENS, of Georgia. I hope the gentleman will withdraw chosen by the Legislature of Arkansas a Senator from that State for the demand for the yeas and nays. There is no quorum present, and the term beginning March 4, 1879 ; which were read. and ordered to we may as well adjourn. be filed. The yeas and nays were not ordered. EXECUTIVE COMMUNICATIONS. So the motion to adjourn was agreed to; and accordingly (at nine The VICE-PRESIDENT laid before the Senate a. message from the o'clock and forty minutes p. m.) tlie House adjourned. President of the United States, submitting a report of the commis­ sion appointed under the provisions of theaot approvedMay 3,1878, entitled ''An act autborizin~ the President of the Un,ited States to PETITIONS, ETd. make certain negotiations With the Ute Indians in the State of Col· The following petitions, &c., were presented at the Clerk's desk, orado ; which was ordered to lie on the table and be printed. under the rule, and referred as stated: He also laid before the Senate a communication from the Secretary By Mr. BLAIR: The petition of Mrs. Whitney Breed, Mrs. Marion of War, transmitting a letter from the Commissary-General of Sub­ Hatch, and 65 other ladies, af Alstead, New Hampshire, for the enforce­ sistence, in relation to the reduction in salary and number of clerks ment ef the laws against polygamy-to the Cammittee on the Judi­ in his office; which was referred to the Committee on Appropriations. ciary. He also laid before the Senate a communication from the Secre­ By Mr. CIDTTENDEN: The petition of Henrietta Chase, for a pen­ tary of War, transmitting a letter from the Chlef of Engineers and a sion-to the Committee on Invalid Pensions. report from Major C. B. Comstock, Corps of Engineers, on the cost ·By Mr. CRAPO: The petition of Jefferson Borden and others, of of different classes of work on lake surveys from June 30, 1871, to June Fall River, Massachusetts, for the establishment of a signal station 30, 1878, which was referred to the Committee on Commerce. on Block Island-to the Committee on Appropriations. He also laid before the Senate a communication from the Secre­ Also, the petition of William Lewis and others, of New Bedford, tary of War, transmitting the petition of Assistant Sur~eon Henry Me­ Massachusetts, of similar import-to the same committee. Elderry, United States Army, setting forth the injust1oo that will be By Mr. DAVIS, of California: Memorial of the Chamber of Com­ done him if the proposed rearrangement of assistant surgeons goes merce of San Francisco,. California., favoring an appropriation for the into effect; which was referred to the Committee on Military .A1fairs. construction of a revenue-marine steamer for service in Alaskan He also laid before the Senate a communication from the Secre­ waters, and for the adoption of some economical form of civil gov­ tary of War, transmitting a letter from Major-General Irvin McDow­ ernment in Alaska-to the Committee on Commerce. ell, commanding the military division of the Pacific, recommending an By Mr. ERRETT: The petition of manufacturers of Pittsburgh, appropriation of $23,000 to pay the city of San Francisco for improv­ Pennsylv-ania, that the duty on tin plate be fixed at two and one-half ing Bay street along the southern boundary of the military reservation cents per pound-to the Committee of Ways and Means. of Point San Jose, California; which was referred to the Committee By Mr. GARFIELD: The petition of 150 officers and members of on Appropriations. the Women's Christian Temperance Union of Andover, Ohio, for a He also laid before the Senate a communication from the Secre­ commission of inquiry concerning the alcoholic liquor traffic-to the tary of War, transmitting a report of the Quartermaster-General of Committee on the Judiciary. the measures taken to secure from railroad companies through tickets Also, papers relating to the pension claim of Sarah M. Birdsall-to and through rates of transportation on requests issued by the Quar-. the Committee on Invalid Pensions. master's Department; which was referred to the Committee on Ap­ By Mr. GOODE: The petition of citizens of Williamsburgh, Vir­ propriations. ginia, far an appropriation to improve Archer's Hope River-to the . He also laid before the Senate a communication from the Secretary Committee on Commerce. of War, transmitting a letter from the Adjutant-General of tb,e Army, By Mr. HAZELTON : The petition of Mrs. Sturgis and 38 others, asking for twenty-five additional clerks for his office; which was of Richland Centre, Wisconsin, for legislation to make effective the referred to the Committee on Appropriations. anti-polygamy law of 1862---to the Committee ou the Judiciary. SMITHSONIAN REPORT. Also, the petition of Mrs. E. C. Rockwell and 16 others, of Forest, Wisconsin, of similar import--to the same committee. The VICE-PRESIDENT laid before the Senate a communication .Also, the petition of Mrs. S . .A.. Miner and 76 others, of Richland from the Secretary of the Smithsonian Institution, transmitting his annual report of the operations, expenditures, and condition of that Centre, Wiscons~, of similar import-to the same committee. Also, the petition of Mrs. C. M. Henderson and 74 others, of Platte­ Institution for the year 1878; which was ordered to lie on the table. ville, Wisconsin, of similar import-to the same committee. PETITIONS AND MEMORIALS. By Mr. HOUSE: The petition of Appleton P. Clark and others, Mr. DAWES. I present the memorial of the Westfield Cigar Com­ for the extension of the Capitol grounds from First to Second streets pany, of Westfield, and several other citizens of that town, in the east and from B street north to B street south, in Washington, Dis­ State of Massachusetts, engaged in the manufacture of cigars, remon­ trict of Columbia-to the Committee on Public Buildings and strating against the passage of House bill No. 5430 and an amend­ Grounds. ment thereto pending in this body, providin~ for a coupon stamp By Mr. JONES, of Alabama: The petition of Olivia Godbold, that upon each and every cigar smoked by tke free citizens of these United her war claim be referred again to the southern claims commission­ States. I move its reference to the Cemmittee on Finance. w the Committee on War Claims. The motion was agreed to. By Mr. KIDDER: Memorial of the Legislative Assembly of Dakota Mr.CAMERON, of Pennsylvania, presented the memorial of W. E. Territory, f4)r the creation of a new land district and the location Boyer, and others, citizens of Schuylkill County, Pennsylvania, en­ therein of a land office in said Terriwry-to the Committee on Public gaged in the manufacture of cigars, remonstrating against the pas­ Lantis. sage of the bill (H. R. No. 5430) to secure more efficient collection of By Mr. LANDERS : The petition of Mrs. Charles Fuller and 110 the revenue on cigars; which was referred to the Committee ou. others, of Ellington, Connecticut, for legislation to make effective Finance. the anti-polygamy laws-to the Committee on the Judiciary. Mr. SAUNDERS presented the petition of Susanna Bishop, Ma.rga.­ By Mr. LORING: The petition of Mrs. Julia R. Emery and 36 others, ret A. Clark, Caroline M. Closson, and 40 other ladies, of Nebraska, of Taunton, ~iassachusetts, of similar import-to the s.ame committee. praying for the passage of an act making effective the anti-polygamy Also, a paper relating to the petition of Reuben E. Fitts, for a pen­ law of 1862; which was referred to the Committee on the Judiciary. sion-to the Committee on Invalid Pensions. Mr. SARGENT presented the petition of Benjainin Flint and others, By Mr. RICE, of Ohio: The petition of Henry Barton, for a pen­ citizens of San Francisco, California, who suffered losses by the pay­ sion-to the same eommittee. ment of war premiums, praying for relief out of the fund RJ>propri­ By Mr. WAIT: The petition of Josie J. Clark and others, of Can­ ated for that purpose; which was referred to the Committee on the terbury, Conhecticut, for snob legislation as will make effective the Judici~. anti-polygamy law of 1862-to the Committee on the Judiciary. , Mr. CONKLING. I present a memorial, signed somewhat exten­ By Mr. WARD: The petition of women of Downingtown, Pennsyl­ sively by citizens of New York interested in the subject, remonstrat­ vania, of similar import-to the Committee on the Territories. ing against the proposed change of method in stamping cigars by Also, the petition of Kennett monthly meeting of Friends, of Ches­ attaching a so-called coupon stamp. I move its reference to the Com- ter County, Pennsylvania, for the passage of the Senate bill providing mittee on Finance. · for a. oommission of inquiry concerning the alcoholic liquor traffic­ The motion was agreed to. to the Committee on the Judiciary. Mr. FERRY presented the memorial of Kirby, Furlong & Co. and By Mr. WRIGHT: The petition of women of West Pittston, Penn­ other firms and individuals, of Michigan, remonstrating against the sylvania., for such legislation as will make effective the anti-polygamy repeal of the law prohibiting the purchase of foreign ships; whioh law of 1862-to the same committee, was referred to the Conim.ittee on Commerce. · 1114 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8,

1\Ir. JONES, of Florida, presented a resolution of th.eLegislatnreof 1\Il;· ROLLINS submitted an amendment intended to be proposed Florida, in favor of an appropriation for the erection of a marine hos- by him to the bill (H. R. No. 4414) to amend the laws relating to in­ pital at Cedar Keys, in that State; which was referred to the Com- ternal revenue; which was ordered to lie on the table and be printed. mittee on Public Buildings and Grounds. NAVAL APPROPRIATION BILL. REPORTS OF COMMITTEES. The Senate proceeded to consider its amendments to the bill (H. Mr. SPENCER. On Thursday I reported from the Committee on R. No. 5313) making appropriations for the naval service for the fiscal Commerce the bill (S. No. 84) to amend certain provisions of theRe- year ending J1111e 30, 1880, and for other purposes, disagreed to by vised Statutes of the United States relating to the transportation of the House of Representatives. animals. I now submit a written report upon that bill, and I move On motion of 1\Ir. WINDOM, it was ' · that the report be printed. Resolved, That the Senate insist upon its amendment~ disagreed to by the House The motion was agreed to. of Representatives, and aak a conference with the House on the disagreeing votes Mr. BAYARD. I am instructed by the Committee on Finance to of the two Houses thereon. · whom was referred the bill (H. R. No. 4414) to amend the laws re- By unanimous consent, it was lating to internal revenue to report it with amendments. I ask that Ordered, That the conferees on the part of the Senate be appointed by the Vice- it be printed and laid on the table; and in view of the importance of President. · the interests touched by the proposed legislation I shall ask that the The VICE-PRESIDENT appointed Mr. WINDOM, Mr. SARGENT, and Senate take it up and consider it at as early a day next week as pos- Mr. BECK. sible. I would suggest Thu.rSday of next week, when I shall endeavor FORTIFICATION APPROPRIATION BILL. t.o bring it before the attention of the Senate. 1\Ir. MORRILL. Feeling that the bill reported by the Senator from The Senate proceeded to consider its amendment to the bill (H. R. Delaware ought to be in the hands of its friends the duty of report- No. 6231) making appropriations for fortifications and other works of ing it was assigned accordingly, instead of the chairman of the com- defense and for the armament thereof for the fiscal year ending June mittee. I desire to say that while I approve in general of the pro- 30, 1880, and for other purposes, disagreed to by the House of Repre­ posed amendments of the internal-revenue laws, not feeling that it sentatives. was expedient to reduce our revenues at the present time so much as Mr. WINDOM. I submit the report of the committee of conference was proposed in relation to tobacco, I declined to report the bill. on that bill. · The VICE-PRESIDENT. The bill will be placed on the Calendar. The report was read, as follows: 1\Ir.BRUCE. I am instructed by the Select Committee on the Levees The committee of conference on the disagreeing votes of the two Houses on the of the Mississippi River, to whom was referred the bill (H. R. No. amendments of the Senate to the bill (H. R. No. 5231) making appropriatiGns for 4318) to provide for the organization ef "the Mississippi River im- fortifications and other works of defense and fGr the a.rmanent thereof for the fia. rovement commission," and for the correction, permanent location, cal year ending June 30, 1880, and for other purposes, having met, after full and P free conference, have been unable to agree. and deepening of the channel and the improvement of the na"viga- WILLIAM WINDOM, tion of said Mississippi River, and the protection of its alluvial lands, s. w. DORSEY, to report it favorably. WILLIAM A. WALLACE, The VICE-PRESIDENT. The bill will be placed on the Calendar. Managers on the part of the Senate. Mr. BRUCE. As the session is drawing to a close, I give notice JOHN H. BAKER, that I shall at an early day ask the Senate to consider the bill I have ~1£l~Lf.Tl~:P ARKS, just reported. Managers on the part of the Home. Mr. BUTLER, fi:om the Committee on Milit~ry Affairs, to whom ' Mr. WINDOM. Mr. President, the Senate added to the fortifica­ '!as referred t~e ~ill (H. R. No. 6270) for the r~lief of Joseph B. Col: tion bill as it c-ame from the House $100,000 for the protection, pres­ lin~, reported It Without am_endment, and submitted a report thereon, ervation, and repair of fortifications and other works of defense, which was ordered to be prmted. making the total amount 200,000. BILLS INTRODUCED. This increase was made by the Senate upon the urgent recom- Mr. SARGENT a.sked, and byunanimous consentobtained,leaveto mendation of the Secretary of War and the engineers' office, they introduce a bill (S. No. 1788) to regulate applications for restoration stating that owing to storms during the last year certain damages to the active list of the Navy; which was read twic.e by its title, and had been done to various fortifications and that it would require that referred to the Committee on Naval Affairs. amount to put t~em in a safe condition to prevent further injury. 1\Ir. CONKLING (by request) asked, and by unanimous consent ob- The amount of mcrease was 100,000 for that purpose. The House tained, leave to introduce a bill (S. No. 1789) for the relief of William conferees were not willing to make the additional appropriation, and H. YonBg; which was read twice by its title, and referred to the Com- the Senate conferees did not feel that they could take the responsi­ mittee on Claims. bility, without referring the matter back again to the S~nate, to Mr. PLUMR asked, a.nd by unanimous consent obtained, leave to agree that these fortifications should be left without the necessary intn~duce a. bill (S. No.1790) for the relief of Bock & Kellogg; which funds for their preservation, being assured a.s we were from there­ was read twice by its title, and referred to the Committee on Indian sponsible officers having charge of them that it was absolutely neces- Affairs. sary. Mr. VOORHEES asked, and by unanimous consent obtained, leave The other disagreeing vote is upon the following item: to introduce a bill (S. No.1791) for the relief of Mark Walker; which For the armament of sea-coaat fortifications, including heayy gnus and how- waa read twice by its title, and referred to the Committee on Military itzers for fl.a.nk defense, carriages, projectiles, fuses, powder, and unplements, their Affairs. trial and proof, and all necessary expenses incident thereto, and for Ga.tling and WITHDRAWAL OF PAPERS. other machine guns, $125,000.· On motion of Mr. WINDOM, it was The Senate increased that sum to 250,000, on the ground that we are without the necessary guns for the armament of our forts and Ordered, That L. G. Martin and George N. Lamphear have leave to withdraw ll · b d diti f d f inf d b from the files their petition praying compensation for additional services in the are rea y m a very a con on or e ense, as we are orme y office of the Secretary of the Treaaury. the responsible officers in charge of this branch of the service. T-here SMITHSONIAN REPORT. are only two places in this country where this class of guns can be manufactured. The committee, after a good deal of investiga.tion, Mr.HAMLIN submitted the following concurrent resolution; which were satisfied, I think unanimously, at least a very large majority of was referred to the Committee on Printing : the committee, and I believe the Senate also, so far as the matter Resolved by the Senate, (the HO'UBe of Representatives wncurring,) That 10,500 copies was presented to them, that if some appropriation be not made for of the report of the Smithsonian Institution for the year 1878 be printed; 1,000 the continuance of the work upon these guns, these two manufac­ copies of which shall be for the use of the Senate, 3,000 copies of which shall be for the use of the House of Represeutatives, and 6,500 copies for the use of the tories will have to be changed to some other purpose. The two places Smithsonian Institution. in the country where these guns can be manufactured are South Bos­ BINDING OF DOCUMENTS. ton and opposite West Point. If they arE\ compelled to change their Mr. ANTHONY. I offer the following resolution: works, to adapt them to other purposes, it will take a very leng timo Besoloed, That there be printed for the use of the Committee on the District of to prepare to manufacture such guns at all, and we are assured that Columbia 600 extra copies of Misoollaneous Documents 13, 17, 19, and 25, including such will be the case if the work is entirely suspended, as it will be plates and maps, and that the same be stitched together in a. single volume and without this increased appropriation. It has been very strongly bound in paper. urged upon the committee that there is a necessity for some of these I offer this at the request of the Committee on the District of Co­ guns, and a. very strong necessity; that we should be left in substan­ lumbia. The expense is very trifling. I o.sk for its present consider­ tially a defenseless condition so far as the medern guns are concerned ation. if they be not made. The conference committee, therefore, did not The resolatioa was considered by unanimons consent, and agreed to. feel quite willing to take the responsibility of saying it should not be done. AMENDMENTS TO BILLS. I desire to submit the matter to the Senate. The committee of Mr. BUTLER and Mr. WITHERS submitted amendments intended conference recommend that the Senate insist upon its amendments to be proposed by them respectively to the bill making appropri­ and ask another committee of conference. The committee will have ations for sundry civil expenses of the Government for the fiscal year discharged its duty fully if the Senate disagree with its report; ami ending June 30, 1880, and for other purposes; which were referred to if the recommendation of tbe committee is agreed to we shall try the Committee on Appropriations, and ordered to be printed • once more to see what can be do e.

...,.

' 1879. CONGRESSIONAL RECORD-SENATE. 1115

Mr. DAVIS, of West Virginia. I ask the Senator whether or not That the Senate recede from its amendment numbered 8, with an amendment the House conferees were willing to concede any part of the ad vance striking out, in line 8, page 31, of the bill, the words" twenty-one thonsn.nd.," and in line 11, page 31, the words "one thousand four hundred and twenty; " and the made by the Senate, or whether they adhered strictly to their own House agree to the same. · appropriation f That the House recede from its disagreement to the amendment numbered 10, Mr. WINDOM. The Honse conferees, I thi:ra.k, would have con­ with an amendment substituting for the sum proposed "$4,800;" and the Senate ceded $25,000 for the fortifications, the amount required, as stated by agree to the same. That the Senate recede from its amendment numbered 15, with an amendment as the Department, being 100,000 additional; but that fell so far short follows: of what we thought would be the actual r~q.uirement that we did .At the end of the section add: "And provided further, Thatan_y diversions which not feel at liberty to agree to such a. propos1t10n. The conferees on shall be made under authority of this section shall be reported in detail, and the reasons therefor, to Congress at the session of Congress next succeeding such diver­ the part of the House manifested no disposition to yield anything on sions." the subject of the manufacture of additional guns. And the Hou.se agree to the same. I move that the Senate insist on its ame:adments disagreed to by WILLIAM WINDO]l!, the House, and agree to the further committee of conference asked W. B. ALLISON, by the House. · R. E. WITHERS, The VICE-PRESIDENT. Is there objection f ·The Chair hears Managers on the part of the Senate. WILLIAM .A. J. SP.ARKS, none, and it is so ordered. JOHN H. BAKER, By unanimons consent, the Vice-President was authorized to ap­ 0. R. SINGLETON, point the conferees on the part of the Senate, and Mr. WINDOM, Mr. Managers on the part oj the House. DORSEY, and Mr. WALLACE were appointed. Mr. WINDOM. Mr. President, the total amount added by the Sen­ ABOLITION OF VOLUNTEER NAVY. ate to the bill as it came from the Honse of Representatives was Mr. SARGENT submitted the following report: $58,757.25. The conference committee on the part of the Senate rec­ ommends that the Senate recede as follows : The committee of conference on the disagreeing votes ofthe two Houses on t!le amendment of the Senate to the bill (H. R. No. 5180) to abolish the volunteer Navy Amount on account of Northern Cheyennes and Arapahoes, $2,500; of the United States having met, after full and free conference, have agreed to for the Sioux of different tribes, 23,400; for the Tonkawa Indians,. recommend and do recommend to their respective Honses as follows : 924, making the total of Senate recessions $26,829. That the Honse recede from its disagreement to the amendment of the Senate, The House recedes as follows: "Amount on account of Indian and agree to the same, with an amendment a,s follows : On line 20 of said amend­ ment after the word " States," insert the words "by and with the advice and con­ police, $29,400; Tonkawa Indians, $2,800; total, $32,200." sent of the Senate;" and in the same line, after the word .. officers," insert the The bill as agreed to by the conferees, appropriates 4,713,206.83, words " in the line and ;" also strike out in line 26 the words "either six months being a reductio:a from the act for 1879 of $33,068.87, and a reduc­ or " and the words " as the," and in line 27 strike out the words "President may determine;" and the Senate agree to the same. tion from the estimates for 1880 of $220,037.37. A. A. SARGENT, I will read the last provision of the report as was read by the H. B. ANTHONY, Secretary. J. R. McPHERSON, The House sent the following provision in the bill to ibe Senate: Managers on the part of the Senate. W. C. WHITTHORNE, And the Secretary of the Interior, under the direction of the President, may JOHN GOODE, use any surplus that may remain in any of the said appropriations herein made B. W. HARRIS, for the purchase of subsistence for the several Indian tribes, to supply any sub­ Managers on the part of the House. sistence deficiency that may occur for any tribe: P.rovided, howe11er, That funds appropriated to fulfill treaty obligations shall not be so used. Mr. EDMUNDS. I should like to have the Senator explain what it is that we are asked to agree to. Those words the Senate struck out upon the recommendation of Mr. SARGENT. It is very simple, Mr. President. Abolishing the the Committee on Appropriations. The conference has agreed to volunteer officers of the Navy is a. measure of great economy, as most those words with the addition which I will ask the Secretary to read of them are on waiting orders, and as they all are held by a statute again, as I have not the words here. It is the last clanse of the which is interpreted by the Navy Department to put it beyond its report. power to dispense with their services without action by Congress. The Secretary read as follows : There were two classes of officers to be provided for in abolishing That the Senate recedes from its amendment numbered 15 with an amendment these volunteer officers: the line officers and the staff or medical offi­ as follows: At the end of the section add: "And provided further, That any diversions which cers. There happened to be but one line officer and there ~re twenty­ shall be made under authority of this section shall be reported in detail, and the six medical efficers. The bill as it passed the Honse proVIded that a reasons therefor, to Congress at the session of Congress next succeeding snoh diver­ board should be convened to determine upon the qualitication of these sions.'' persons, and those who were qualified shon!d be received ~tMinnesota to the form of the cnrrent and contingent expenses of the Indian department, and for fnlfilling treaty report of the conference committee. The Senate had proposed to stipnlations with various Indian tribes for the year ending June 30, 1880, and for strike out a certain part of the bill. The House disagreed. Now the ether pnrp~tses, having met, after full and free conference, have agreed to recom­ mend and do recommend to their respective Houses as follows: Selilate recedes from its amendment and agrees, as I understand the That the Senate recede in>m its amendments numbered 2, 3, 4, 5, 7, and 9. report-- That the House recede from its disagreement to the amendments numbered 1, 11, Mr. WINDOM. The Senate agrees to the House proposition, with 12, 13, and 14; and agree to the same.. an amendment. That the Senate recede from its amendment numbered 6, with an amendment striking out in lines 12 and 13, page ~L, of the bill, the mat,ter in pal't'nthesis and Mr. EDMUNDS. Agrees to the Honse proposition. Then it is en­ the parenthesis marks, and inserting in lien thereof the words "and roaming; " tirely right. I tbou~ht it was a•Honse amendment to which yre had and the House agree to the same. disagreed ; but in this case the form would be right. I was mistaken 1116 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8;

in my impression about the form of it. I think it is right in form as .A bill (S. No. 364) for the relief of Peasley and McClary, of Nashua, it is now. New Hampshire; The VICE-PRESIDENT. The question is on concurring in there­ A bill (S. No. 771) for the relief of Ebenezer Walker; port of the committee of conference. A b~ll (S. No. 796) for t~e relief of John H~nderso:q; The report was concurred in. A linll (S. No. 954) for the relief of Thomas A. Walker; and REPORT ON FISH AND mBHERIES. A bill (S. No.1263) to provide for the adjustment and settlement of certain internal-revenue taxes erroneously aH.Sessed and collected The VICE-PRESIDENT. The Chair lays before the Senate the from the Cumberland Valley Railroad Company. amendments of the House of Representatives to the concurrent reso­ lution of the Senate for printing the report of the Commissioner of The message further announced that the Hoose had agreed to the Fish and Fisheries, to which he calls the attention of the Senator report of the committee of conference on the disagreeing votes of the tw~ Houses o~ the bill (S. No. 763) to provide for holding terms of from Rhode Island, [Mr. ANTHONY.] the circuit and district courts in the district of Colorado. The amendments of the House of Representatives were read, being to amend the resolution so as to make it read: ENROLLED BILL SIGNED. .Resolved by the Senate, (the House of llerwesentativea concurring,) That t.here be The mess~ge also announced th~t the Speaker of the House had :printed 7,500 extra copies of the report of the Commissioner of Fish and Fisheries signed the enrolfed bill (S. No. 1287) forth~ relief of BurrS. Craft; for the year 1877-'78, of which 2,000 shall be for the use of the Senate, 4,000 for the nse of the Honse of Representatives, and 1,500 copies for the nse of the (.)om­ and it was thereupon signed by the Vioe-President. missioner of Fish and Fisheries, the illustrations to be made by the Public Printer, TRANSFER OF INDI.AX BUREAU. ~der the direction of the Joint Committee on Public Printing. Mr. SAUNDERS. Mr. President, before we take up the Calendar Mr. ANTHONY. That is more in conformity with the resolution I should like to give notice that on Tuesday, after the business of the as it was reported from the committee than as it passed the Senate. morning hour shall have been disposed of, I will ask the Senate to The Senator from. Nebraska [Mr. PADDOCK] objected to the printing take np the bill that I introduced a few days ago authorizing the of the smaller number. I am willing to concur in the amendments President to trans:fer frem the Interior Department to the War De­ of the House, but I de not know that the Senator from Nebraska is partment the management of such Indians as he may think necessary. willing to do so. It is an important bill, and I shall ask at that time to take it up. Mr. PADDOCK. I was not giving heed to the matter under con­ The VICE-PRESIDENT. The Chair is informed by the Secretary sideration and I should be glad if the Senator from Rhode Island that notice has already been given of business for Tuesday. would state it. Mr. SAUNDERS. Is there anything fixed for Wednesday'f _, Mr. ANTHONY. It is the resolution for printing the report of the Mr. SARGENT. I gave notice that on Wednesday I should try to Commissioner of Fish and Fisheries. The House have cut down the call up the bill in reference to Chinese immigration. number of copies from 15,000to 7,500. Mr. SAUNDERS. I will change the hour, and say three o'clock on Mr. PAD DOCK. I have just received a note from the Commissioner Tuesday. of Fish and Fisheries stating his willingness that the amendments of Mr. SPENCER. I suggest to the Senator that he had better say the House should be concurred in rather than that there should be a Thursday. flelay, in order that the printing may be commenced at once, which :Mr. SAUNDERS. This is an important measure, and I should like he thinks would be desirable. Therefore, so far as I am concerned, when I do try to get it up to have the aid of the Senate. aithough I think it is the exercise of parsimony in a very wrong di­ ¥r· SPENCER. The only reason why I made that suggestion was rection, I shall consent to the amendments of the House. because it is au important subjeot, and one of the greatest importance The amendments of the House of Representatives were concurred in. will engage the attention of the Senate that day. Two important measures should not be crowded into one day. MESSAGE FROM THE HOUSE. Mr. SAUNDERS. I give notice that I shall make effort to get the A message from the Hoose of Repre~;~entatives, by ¥,r. GEO~GE M. bill up at three o'clock on Tuesday and from that time on until I AfiAMS, its Clerk, announced that the House had passed the f~llow­ can get it up. It is an important bill. Of course if there is any­ ing bills; in which it requested the concurrence_of the Senate: thing more important before the Senate at that time I shall give A bill (H. R. No. 16) t8 reimburse D. D. Wea.d,postmaster at Shel­ way; if not, I shall ask to have it taken up then. don, Vermont, for stamps and money stolen from hitn Decm:nber 31, ' 1873· METHODIST EPISCOPAL CHURCH SOUTH. A bill (H. R. No. 737) for the relief of H. K. Belding; Mr. HEREFORD. A few days ago I gave notice that to-day after .A pill (H. R. No. 916) for the relief of Isaiah Pickard; the morning hour I should call up the bill (S. No. 241) for the relief A Dill (H. R. No. 917) for the relief of Sidney P. Luther; of the Methodist Episcopal Church South at Charleston, Kanawha A bill (H. R. No. 966) for the relief of the executor or administrator County, West VirgiBia. I see that the day is preoccupied by other of the estate of Nehemiah Garrison, aEsignee of Moses Perkins; business, and I desire this morning to give notice that on Thursday A bill (H. R. No. 1655) for the relief of Edwin De Leon, late United next after the morning hour I shall move to take up that bill and States consul-general in Egypt ; insist upon its passage. A bill (H. R. No. 1761)for the relief of Samuel W.~bbott, postmas­ CO::\!MITTEE ON THE JUDICIARY. ter at Menomonee, Michigan; A bill (H. R. No. 1860) for the relief of George McDermott; Mr. EDMUNDS. I ask leave to move at this time that the Com­ A llill (H. R. No. 2200) for the relief of William J. Piper, of Frank­ mittee on the Judiciary for the remainder of this session have author­ fort, New York; ity to sit during the sittings of the Senate. A bill (H. R. No. 2217) for the relief of J. Fraser; The motion was agreed to. A bill (H. R. No. 2323) refunding to the University of Notre Dame MORAL AND SOCIAL SCIENCE IN PUBLIC SCHOOLS. dn Lac, of Saint Joseph County, in the State of Indiana, the sum of The VICE-PRESIDENT. The Secretary will proceed with the call $2,334.07, that being the amount paid on certa.iu imported articles, of the Calendar of general orders under the special order at the point &c.·7 that WaB reached yesterday. .A bill (H. R. No. 2604) for the relief ef the City Distillery Company The SECRETARY. The next bill on the Calendar is the bill (S. No. of Pekin, illinois; 1062) to introduce moral and social science into the public schools of A bill (H. R. No. 3539) for the relief of M.D. Titsworth, postmas- the District of Columbia. ter at Adams Centre, New York; The VICE-PRESIDENT. This bill was yesterday ordered. to be A bill (H. R. No. 4558) for the relief of John N. Reed; engrossed for a third reading. A bill (H. R. No. 4559) for the relief of Sabin Trowbridge; The bill was read the third time. .A bill (H. R. No. 4560) for the reliQf of Aaron Miley; The VIC.E-PREIDENT. Shall the bill pass f A bill (H. R. No. 4[>61) to pay Edgar A. Beach, of Essex, Vermont, Mr. SARGENT and Mr. SPENCER. Let the bill be reported at the sum therein named ; length. A bill (H. R. No. 4563) for the relief of Jennie K. Moore; The VICE-PRESIDENT. The bill will be read at length. A bill (H. R. No. 4564) for the relief of A. F. Whitman, administra­ The Secretary read the bill, as follows: tor ck bonis non of Samuel Kimbro and E. V. Kimbro; Be it enacted, de., That the school officers shall introduce, as a part of the daily A bill (H. R. No. 4565) for the relief of Lieutenant George M. Wells, exercises of each school in their jurisdiction, instruction in the elements of social 9f the Marine Corps ; and moral science, including industry, order, economy, punctuality, patience, self­ A. bill (H. R. No. 4671) for the relief of Julia A. Nutt, Widow and denial, health, purity, temperance, cleanliness, honesty, truth, justice, politeness, executrix of Haller N ott, deceased; peace, fidelity, philanthropy, patriotism, self-respect. hope, perseverance, cheerful­ ness, courage, 86lf-reliance, gratitude, pity, mercy, kindness, conscience, reflection, A bill (H. R. No. 4779) donating to the board of education of school andthewill district No. 1, Arapahoe County, Colorado, block numbered 143, in the SEC. 2. That it shall be the duty of the teachers to give a. short oral lesson every east division of the city of Denver, Colorado, for common-school pur­ day npon one of the topics mentioned in section 1 of this act, and to require each poses; and pupil to furnish a thought or other illustration of the same upon the following A bill (H. R. No. 4886) to authorize the correction of boundaries of ms~:f.' That it sha.ll be the duty of the Commissioner ef Education to direct the certain lands in San Mateo County, California. · ope:rations under this act, and report npon the result in his annual statement. The message also announced that the House h;:Ld passed the follow­ SEC. 4. That emulation shall be cherished between the pupils in a.ccnmnla.ting ing bills: thoughts and facts in regard to the noble traits possible, and in illustrating them A bill (S. No. 99) for the relief of' the estate of A.lnos Ireland, de­ by their daily conduct. . ~ased; The VICE-PRESIDENT. The question is1 Shall the bill passf 1879. CONGRESSIONAL RECORD-SENATE. 1117·

Mr. CONKLING. I think we had better have the yeas and nays. "At the la.st session of the Forty-first Congress the claim was passed by the Jlonse by a two. third vote, and this committee unanimously reported in favor of its pass­ The yeas and nays were ordered. age by: the Senate, but owing to the lateness of the session no action was taken Mr. EDMUNDS. Mr. President, there is a great deal in the bill that upon 1t by tb& Senate. would meet with my approval, but there are some things in it that I " Your committee are of opinion, from a. careful examination of the ca.se, that this hardly think ought to be there; and in order that it may be further claim is embraced within the acts of the 3d and 21st of October, 1780. The half pay shoUld terminate on the 24th day of March, 1818 when Lieutenant Wheaton was considered I move that it be postponed until to-morrow. placed on the pension-roll, and there should be deducted from the said half pay any The motion was agreed to. payments made by the Government to saia Wheaton on accoWlt of his said serv­ Ices. ESTATE OF JOSEPH WHEATON, DECEASED. "Your committee report the accompanying bill aad recommend its passage." . The VICE-PRESIDENT. The Secretary will report the riext bill Mr. MORRILL. Mr. President, it is a little singular that these old on the Calendar. revolutionary claims for half pay should come up again so "SOon after The next bill on the Calendar was the bill (S. No. 813) for there­ an elaborate report by the Committee on Revolutionary Claims lief of the administratrix of Joseph Wheaton, deceased, which was wherein I think they were unanimous in reaching the conclusion that considered as in Committee of the Whoie. It refers to the Court of there was no one of them which ongh~ to receive the favor of Con­ Claims the claim of Susan Dayton Anderson, administratrix de bonis gress. It is very true that there have been several sporadic cases 1ton of the estate of Lieutenant Joseph Wheaton, deceased, and her where they have received the approval of Congress and have pa-ssed successors, for the half pay due Wheaton under the act of Congress both Hooses; but in almost every instance of such cases proof afte~­ of October 21, 1780, as a lieu~nant of infantry in the Rhode Island ward has come np showing that they were totally unfounded. I line during the revolutionary war. move the indefinite postponement of this bill unless the Senate desire Mr. COCKRELL. Is there a written report in that case T to hear that report, whioh is a lengthy and elaborate document, and The VICE-PRESIDENT. There is. as I think conclusively refntes any legality or any equity in any of Mr. COCKRELL. Let it be read, please. these claims. The VICE-PRESIDENT. The report will be read. The VICE-PRESIDENT. The Senator from Vermont moves that The Secretary read the following report, submitted by Mr. JONES, the further consideration of this bill be indefinitely postponed. of Florida, May 25, 1878 : Mr. EDMUNDS. When this case was up a few years since my at­ The Committee on Revolutionary Claims, to whom was refeiTed the bill (S. No. tention was called to it, I have forgotten by whom. It was then re­ 813) for the relief of the administratrix of Joseph Wheaton, decea.sed, report as ported from the Committee on Revolutionary Claims ; and seeing the follows: bill on the Calendar yesterday I recurred to the recollection I had of That at the first session of the Forty-third Congress a report wa.s made in this ease which, as it contains a statement of all the facts, is now adopted by the com­ it, and I wish to say a word now. mittee: This Mr. Wheaton was evidently a very energetic man, and no •· The Committee on Revolutionary Claims, to whom wa.s referred the memorial of doubt served in the revolutionary war and in the war of 1812 in some the administrator of the estate of the late Lieutenant Joseph Wheaton, and the capacity. In the list of private claims presented to Congress which letter of the Secretary of the Interior of the 27th of March, 1872, relative to the same, report: comes down to within a few years but not down te the last report on •' That the evidence before the committee shows that Lien tenant Joseph Wheaton the subject, Mr. Wheaton's name appears in this way : served in the Rhode Island Line from the commencement to the close of the revG­ First, in the Fourteenth Congress where he claimed for the balanoo lutionary war; that his father and ten brothers all held commissions as officers in of an award against the United States in his favor, and a bill waa the British service, and that he alone sacrificed his home and domestic ties for the cause of liberty· that be wa.s disinherited by his father, Colonel Caleb Wheaton, passed, approved on the 26th of April, 1816, that on looking at the who commanded a re~ment of British pioneers, who to the day of his death never law I find was for his accounts and services as quartermaster in th.e foq~ave his son for wna.t he considered a disloyalty to the King of Great Britain war of 1812. in JOining 'the Yankee rebels;' that on the 11th of May, 1775, and long before He next appears in the Fifteenth Congress as a claimant for the war was declared, he joined a band of volunteers and took an active part in capt­ uring the Margarett.a and two other armed British schooners, which was of great settlement of his accounts while acting in the Quartermaster's De­ service to us in after times, anu was the first advantage gained over onr enemies partment, and that bill was passed for him on the 3d of March, 1819. on the waters. In this service he received a severe saber wound on the head, He next appears in the Sixteenth Congress with a claim for the which troubled his mind through life, and terminated in his dying in the insane asylum, in Baltimore, in the year 1828. settlement of his accounts while pending in the Quartermaster's De­ "After the war wa.s declared, Joseph Wheaton joined the Rhode Island Line, in partment, on which there was an adverse report by the Committee on Colonel Israel Angell's regiment, and sharing in all the battles in which that part of Military .Affairs. the Army was engaged, which seems to have been many, never left his regiment un­ The bearing of these claims about the war of 1812 is, I think, to til the end of the war. He was invested with a commission as colonel in the war of 1812, through the whole of which he served with distinguished ability. convince the Senate that this gentleman understood pretty much all ''By the acts of Congress of 3u and 21st of October, 1780, the Government of the the rights that he had; and being oonstantly before Congress with United States promisoo to pay to each and all the officers, individually, who should claims that if he himself had had the impressiQn that he had any just continue to serve until the end of the war, half pay for life, and to pay the same revolutionary claim he w&uld not have forgotten that, as he was C~m­ to said officers, or their legal representatives, in specie or other current money, at the end of each and every year for life. This wa.s a distinct offer and covenant, gress after Congress appearing and making claim. The Committee stipnlat.ed by the most solemn act of the Government, in 1780, after four years on Military Affairs in 1821 reported: and upward of hard service in field and camp by Joseph Wheaton, among athers, That the petitioner charges the United States with the snm of $19,900.89, for his and wa.s' offered as an inducement to cause him to continue in the service until de­ services during the late war in four staff offices; first, a-s acting a.ssistant commis­ feat or victory should mark the close of the contest. If defeated, he, with his sary-general of ordnance; second, as d~puty q narterma.ster-general ; third, as com­ compeers, had nothing to hope for but the rebel's fate; if victorious, he would have missary, in purchasing and issuing provisions to militia; and, fourth, as physician, the stipulated compensation of the promised half pay to buy him bread for the superintendent and manager, of the hospital and medical establishment at Rich­ balance of his days. He a~cepted the offer, fulfilled the contract, and served to the mond, when he never was a:ppointed to any but a situation in the Quartermaster's De­ end of the war, thus establishing his unqualified right to said half pay. partment, the duties of which would have occupied the whole of his time if they had " It wa.s decided by the Court of Claims, in the case of Thomas H. Baird, adm:inis­ been properly attended to ; that he baa been pa.id for his services as a.ssistant dep­ trator of Dr. .Absalom Bairu, decea.sed, that the acts of Congress of 3d and 21st of ntv quarterma.ster from the date of his appointment to the time of his nomination October, 1780, created a legal liability against the United States in favor of the as"deputy quartermaster; and has also been paid for his services in that capacity officers therein referred to, which no subsequent legislation by Congress could re­ up to the close of the session of Congress in 1815, although his nomination was re­ lease, witbouttbe a{)sentof the other party. Your committee find that this decision jected by the Senate on the 30th of ~annary of that year; and that he has been of the Court of Claims wa.s sanctioned by Congress by an act approved August 18, further paid, as a.ssistant deputy quartermaster, from the close of the session of 1856. Congress in 1815 to the 31st May, 1816, although his actual duties had closed before "The Committee on Revolutionary Claims, in the Thirty-sixth Congress, made a that time. favorable report in this ca.se, and m the Thirty-seventh Congress the claim was The regulations of the War Department, during the late war, wisely prohibited referred by resolution of the Honse to the Secretary of the Interior for adjustment. any officer from holding two staff appointmenta at the same time; and this is the In reply, the Secretary of the Interior submits the following letter: first instance, within the knowledge of the committee, where an officer ha.s as­ "DEPARTMENT OF THE U""l'ERIOR, sumed- "Washington, March 27,1862. The emphasis is the emphasis of the report, not mine- "SIR: I have the honor to acknowledge the receipt of a resolution of the Honse of Representatives, adopted on the 14th instant, referring to this Department for assumed three distinct offices in t.b.e face of said rej!;Ulation, and exhibited his ac­ counta with all the paraphernalia of horses, servants, &c. The accounts of the 1$tu!t_::~~t the claim of .Mary A. Berault, administratrix of the late Joseph petitioner for the three assumed offices, amounting to $16,108.06, were never presented "Upon an examination of the :papers referred to me, I am fully satisfied of the for settlement, nor beard of by the accounting officer, until subsequent to the pa~ justice of this clllim, and concur m the report of the Committee on Revolutionary t~age of the law for his relief on the 3d March, 1819 ; that, on examining the allow­ Claims in its favor. The services of Lieutenant Wheaton were of a highly merito­ ances made under said act, the committee are of opinion that the utmost liberality rious character, and continued from a. time anterior to the passage of the act of bas been extended to the petitioner by the accounting officers, and a. variety of Congress of October, 17il0, promising half pay for life to those who should serve items allowed him on his oath, (as is the practice in settling accounta under such until the end of the war, until the final and successful termination of the revolu­ act.s, in the absence of proper vouchers;) among other11, the committee will refer tionary strri.g11:le. to the two following, to wit: one of $454.58, allowed on his own representation that "The principle upon which the claim is based h~ been recognized and sustained he actually paid the money, and that he could not account why his clerk forwarded by the Court of Claims, in the case of Dr. Baird, and the decis10n of that court ha.s copies instead of original vouchers; another item, for supplies of provisions. When received the sanction of Congress. his accounts were first rendered be charged $1,505, and afterward was allowed, "I should net hesitate to adjust :md allow the claim, as recommended by the res­ under the law passed/or hUJ relief, $2,805 for the same supplies, on his own oath that olution of the House of Representatives, if any fund were placed at my disposal the provisions cost him that sum; that the delay in the settlement of his accounts from which it could be paid; but no appropriation llas been made which is appli­ arose from the confused manner in which they were kept and rendered, and not cable to the payment of claims of this character. from the fault of the accounti.D~ officers, as alleged by him. The committee are of "I therefore return the papers, with a recommendation that an appropriation be opinion that be has already received more money from the Government than he wa.s made by Con~ for its payment. entitled to, and submit the following resolution: "I am, sir, with great respect, your obedient servant, Resolved, That the prayer of the petition ought to be rejected. ''CALEB B. SMITH, "Secretary of the InterioT. And the Honse proceeded to reject the prayer of the petition. Then "H.on, GALUSHA A. GROW, he next appears in the Eighteenth Congress with a. claim for the pay­ "Speaker of the H01Ue of .Repr~enta«vea. ment of expenses in removing to Washington, which was approved, 1118 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8,

and on looking at the bill I :find it was a claim for his expenses in I think any one who will examine this report (report of committee coming up from Virginia or somewhere with his family when he was No. 101 of the Forty-fourth Congress, first session) and the fact& appoiBted Sergeant-at-Arms of the House of Representatives. therein presented will be entirely satisfied that there is not one of He next appears as a claimant for further allowance for services these claims that has just groun~ to stand upon. . rendered in the war of 1812, in the Twentieth Congress, with a me­ The VICE-PRESIDENT. The question is on the motion for indefi­ morial which does not appear to have been acted upon at all. nite postponement. He next appears through his heirs in the Twenty-seventh Con­ The motion was agreed to. gress, second session, with a claim for arrears of pension, by a peti­ ALBERT FULLER. tion w bich was referred to the Committee on Pensions, reported ad- veri!ely, and the report was agreed to. _ The next bill on the Calendar was the bill (S. No. 571) to enable He next appears throu·gh Mary A. Berault, claiming to be his heir, Albert Fuller to have a hearing before the Commissioner of Patents ; as claimant for half pay for his services in the revolutionary war. which was considered as in Committee of the Whole. It proposes to Mr. COCKRELL. What is the date of that f authorize Albert Fuller, of New York, to make application to the Com­ Mr. EDMUNDS. That was in the Thirty-sixth Congress. missioner of Patents for the extension of letters-patent dated October Mr. COCKRELL. No widow, then f 16, 1855, for an improved faucet for hot and cold water, for the term Mr. EDMUNDS. That was a claim by an heir. That petition was of seven years; said application to be made in the manner heretofore referred to the Committee on Revolutionary Claims, but they were provided by law for 8uch applications. discharged from its further consideration. It again appears in the Mr. VOORHEES. I do not rise to object to the bill but I should like Thirty-seventh Congress aa a claim by the same Mary A. Berault as the Senator from New York to explain a little more fully than appears heir for his half pay. That was a bill referred to the Committee on on the face of the bill the facts of the caae. Claims and not acted upon, apparently not reported. The case next Mr. KERNAN. I send to the desk to be read the report made by appears in the Thirty-i!eventh Congress in an application for" half the Senator from Minnesota [Mr. W~oM] on the same case in 1876. pay for ancestor's services in the revolutionary war," by a House bill It is short and gives the reasons why the committee reported in favor referred to the Committee on Clai.Jns, reported adversely, and indefi­ of this bill. nitely postponed. . The Secretary read tbefollowing report submitted by Mr. WINDOl\I Then, as I say, since this list was made up, the same claim appeared on the 8th of May, 1876 : once more and was reported, I think favorably, by the Committee on The Committee on Patents, to whom was referred the petition of Albert Fuller, Revolutionary Claims, who, when their attention was drawn to the for the exteRsion of a patent, respectfully submit the following report: That from the papers and evidence submitted it appears that the petitioner is history of his affairs, gave up the matter, and so it was disposed of the original inventor of a valua.ble improvement in faucets or cocks for water, for then. which a patent was granted to him October 16, 1855. Now, it is very clear to my mind-perhaps I am mistaken-that That at the time of obtaining his patent, and for some ;ears thereafter, there this gentleman, if he had not surresdered his half-pay claim under was but very limited opportunity to introduce or use sai invention, as but few places in the country then had water-works· and further, that from the nature of the old act of the continental congress and taken willingly the sub­ the invention considerable time was required to demonstrate its value, durability stituted pension that Congress provided for him, would Rot have being one of its important features and which time only could determine. been making these constant claims during his life-time for services It further appears that after its value and superiority were established, and in the war of 1812 of all sorts and kinds, fully alive to all his rights when he had reason to hope that he would realize from his invention, he was met by the combined and almost universal opposition of the plumbers, who persistently and getting as the committees at the time say a great deal m~re than fought against it, on the ground that its introduction would greatly lessen their he was entit.led to. I say that if he had not been perfectly sensible profits and deprive them of the frequent jobs for repairing the inferior articles that he had no revolutionary claim, it would have been heard of then in use. · then. I feel almost perfectly sure of it. The testimony submitted shows that the petitioner devoted his entire time and attention to efforts to realize from his invention, and that during a portion of the After this very great period of time, it appears to me to be a very time he was reduced to a state of destitution and was dependent on the aid of his dangerous practice to go upon the assumption that that claim had friends for means to continue his efforts, the result beinp: that with all his efforts not boon in some way satisfactorily adjusted, to his satisfaction, in his he has not realized as much from his patent as he could have earned at ordinary mechanic's wages during the same period. life-time. During the whole of his life-time, so far aa the records of It further appears that he is now seventy years old, and has a wife and a wid­ Congress show, while he was making every other sort of claim and owed daughter with two chiidren dependent upon him for support; that he 18 was such a sort of officer that the Senate would not consent to his without means, except the small stock of tools used in his business, and that he is even being a quartermaster, and when he afterward got elected ser­ now too old and infirm to continue the business himself, but that if his patent can be extended he can realize from the extended term sufficient to proV1de them a geant-at-arms had to be paid for moving up to attend to the duties, comfortable subsistence. he wo~d not have forgotten the revolutionary claim if he had had it. The invention is one which, from its nature, does not affect the public at large, I think, therefore, with great respect to the committee, that they it being used by a small portion of the community only, while its value, as well as have not perhaps had their attention called to this man's history, and the perseverance and integrity of the applicant. is abundantly shown by the affi­ davits of disinterested parties. No opposition appears to his application. if they bad they-might have reportea otherwise. The committee therefore recommend the passage of the accompanying bill. Mr. JONES, of Florida. Mr. President, is the matter now before the SenateT Mr. COCKRELL. Was that report made at this Congress 7 The VICE-PRESIDENT. It is on the motion of the Senator from Mr. KERNAN. It gives the reaBOns why the committee reported Vermont [Mr. MoRRILL) to postpone the further consideration of the this bill to this Congress in 1878. bill indefinitely. . Mr. COCKRELL. Will the Clerk read the number of the report Mr. JONES, of Florida. I will say that the fa-cts the Senator has and the Congress. mentioned have never been brought to my attention. The inquiry I Mr. KERNAN. It was in 1876. made.into this matter did not extend beyond what I considered the very The SECRETARY. The report is of the Forty-fourth Congress, first full report made by the Senator from Virginia, [Mr. Jo:HYSTON,.] not session, No. 305. now in his seat, which I would ask to have read, as it is embodied in Mr. KERNAN. I desire to offer a short amendment to this bill. this report ; and on that a recommendation was made by us that the The VICE-PRESIDENT. There are amendments reported by the administratrix be permitted to go before the Court of Claims. I pre­ Committee on Patents, which must first be acted on. They will be sume from the facts mentioned by the Senator from Vermont this is reported. the same person. The.amendments reported from the Committee on Patents were Mr. EDMUNDS. Yes. read, being in line 17, after the word " expiration," to strike out Mr. COCKRELL. That report has been read. "thereof" and insert " of said patent;" and after the word "exten­ Mr. JONES, Qf Florida. I should like to have it read again. sion," ill line· 18, to insert "nor shall any party be held liable for Mr. COCKRELL. It was read before the motion to pos.tpone was using faucets in use at the time ef the extension of said patent as made. authorized by this act;" so as to make the proviso read: Mr. JONES, of Florida. I was not in at that time. P.rovided, that no persoll shall be held liable for the infringement of said letters The VICE-PRESIDENT. The report will be read again at the re­ patent, if extended, by making use of said invention since the expiration of said quest of the Senator from Florida. patent, and prior to the date of the extension ; nor shall any party be held liable for using faucets in use at the time of the .extension of said patent as authorized The Secretary read the report. by this act. The VICE-PRESIDENT. It is moved that the further consideration of this bill be indefinitely postponed. The amendments were a~rreed to. Mr. MORRILL. I rise merely to read the concluding paragraph of Mr. KERNAN. I now offer a further amendment, and I will state the report made by the Committee on Revolutionary Claims while why. The report which has been read shows that in 1876 Mr. Fuller Governor Stevenson was chairman and which received, as I under­ was seventy years old. I have been informed by a party who pro­ stood, the unanimous approval of the committee. It is in these fesses to know, that Mr. Fuller has since died, and hence I desire in words: line 4, after the word "New York," to inklert ''or his legal representa­ From the fa.ots thus presented, it clearly appears that the bill­ tives in case of his having died," so that the widow and daughter may Which was a bill covering all these claims- apply, if Mr. Fuller is dead. that the bill under consideration is not necessary to remedy any default of the old 'I'he amendment was agreed to. continental congress, nor is it necessary to supply any act of omission upon the Mr. COCKRELL. I would ask the Senator from New York if he part of the United States. The half-pay promises of the old congress have been knows whether this gentleman is living or not f paid, and paid in the manner preferred by the officers themselves. They were dis­ Mr. KERNAN. I suppose he is not, but I have no personal knowl­ tin~uished and able men,_fu.lly comprehending their own situation, whom Congress could not have cheated, nor cruelly taken an improper advantage of, if they would, edge on the subject. He was an aged man at the time of this report.z and would not if they could. and he has died or probably will die-I am informed he has died-ana 1879. CONGRESSIONAL RECORD-SENATE. 1119

I do not know that there is any objection to authorizing, in case he is the consideration of the bill (S. No. 1591) to provide a-dditional baa died or shall die before the passage of the law, his legal repre­ accommodations for the Library of Congress. . sentative to apply. Mr. SPENCER. To-day was set apart by unanimous consent ro Mr. COCKRELL. Who would be his legal representatives f consider bills reported from the Committee on Military Affairs. That Mr. KERNAN. The widow and children and nobody else in my wa-s a special order made by unanimous consent of the Senate. It State. · takes precedence of the unfinished business, I think. Mr. COCKRELL. This report not having accompanied the bill, I The VICE-PRESIDENT. It would not under the rnles take pre­ have had no opportunity of examining it-and I did not know there cedence of the unfinished business of the Senate, which overrides all was even a report in the case or I should have examined it and been special orders. saved perhaps the time needed to make a statement. I understand, Mr. HOWE. Mr. President, I suppose that to be the rule ; but I however, the committee places the right to this extension upon the understand it will be a serious disappointment to the Military Com­ ground that the patentee has not made enough money out of it f mittee if they cannot have the afternoon, which seems to have been Mr. KE&.~AN. They put it upon the precise ground that he was a assi~ed to t~em by ~ener~l consent. I therefore suggest that the mechanic without much capital and had spent his time and had never pending question be laid a.stde by general consent and informally. realized what as the committee thought would have been a remuner­ · The VICE-PRESIDENT. Is there objection Y The Chair hears none ation for his services as a mechanic. It is so stated in the report. and ~hat order is made. Before proceeding to the consideration of Mr. COCKRELL. I beg leave to differ with the committee upon the bills from the Committee on Military Affairs the Chair will lay their construction of the rights of patentees. Here-is a case that comes before the Senate bills received from the House of Representatives before the Senate solely upon the ground that the patentee has not for the purpose of reference. been enabled to use his invention in such a manner as to make it prof­ HOUSE BILLS REFERRED. itahle to him. Now, do the United States guarantee to every patentee when they grant a patent that he must and shall use his patent in The following bills from the House of Representatives were sev­ such a way as to make it profitable to him, and if he should fail to so erally read twice by their titles, and referred to the Committee on use it that they will continue to extend his patent-right indefinitely f Claims: Does the Government of the United States guarantee, when it grants A bill (H. R. No. 966) for the relief of the executor or administrator a patent-right, that nobody else shall interfere with the rights of of the. estate of Nehemiah Garriso~, a-ssignee .of Moses Perkins ; that patentee f When it grants a patent to land in fee does the A btll (H. R. No. 1655) for the relief of Edwm De Leon, late United United States guarantee that no man shall trespass upon that land, States consul-general in Egypt ; . that no man shall enter upon that land or controvert the title to it f A bill (H. R. No. 2217) for the relief of J. Fraser; Certainly not. A b~ll (H. R. No. 4563) for the re~ef of Jen!lie K. Moore; and This patent was granted many years ago. The patentee has had A bill (H. R. No. 4671) for the relief of Julia A. Nntt, widew and the use of the exclusive right to it for the time prescribed by law. executrix of Haller Nutt, deceased. All that the United States has ever done has been to say to the pat­ The following bills from the House of Representatives were sev­ entee, "you shall have the exclusive right to enjoy this patent for the erally read twice by their titles, and referred to the Committee on specif!.ed term of years." He has enjoyed it; he has not been able to Post-Offices and Post-Roads: become a millionaire upon it, and now he asks Congress to extend his A bill (H. R. No. 16) to reimburse D. D. Wead, postmaster at Shel­ don, Vermont, fol.' stamps and money stolen from him December 31 right to this monopoly, his exclusive right, for another period of seven 1873· . , years; and should he fail in that period to become wealthy, he will have the same right to ask for another extension that he has in this A bill (H. R. No. 737) for the relief of H. K. Belding; case. A bill (H. R. No. 1761) for the relief of Samuel W. Abbott, post­ I controvert the ground upon which the relief in this case is based. master at Menomonee, Michigan ; I say that the United States does not hold out any promise to a A bill (H. R. No. 2200) for the relief of William J. Piper, of Frank­ patentee that he shall become rich by his invention. Its promise fort, New York; ~s that he shall have an exclusive right to the use and enjoyment of A bill (H. R. No. 3539) for the relief of M.D. Titsworth, postmaster that inventian; not that the people of the country shall buy it at Adams Centre, New York; whether they want it or not; not that every man, woman, and child .A b~ (H. R. No. 4559) for the re~ef of Sabin Trowbridge; in the country shall patronize and purchase every implement, every .A bill (H. R. No. 4560) for the relief of Aaron Miley; and machine of every patentee in the country. .A bill (H. R. No. 4561) to pay Edgar .A. Beach, of Essex, Vermont, The VICE-PRESIDENT. The time within which the Calendar of the sum therein named. · general orders is to be considered under the special order has expired. The following bills from the House of Representatives were sev­ Mr. KERNAN. I ask unanimous consent to say a word before the erally read twice by their titles, and referred to the Committee on bill is passed over. Finance: The VICE-PRESIDENT. Is there unanimous consent that the .A b~ (H. R. No. 916) for the rel~ef of Isaiah Pickard; Senator from New York may proceed f The Chair hears no objection. .A b~ (H. R. No. 917) for the ~ehef of Sidn~y P. Luther; Mr. KERNAN. I will say to the Senator from Missouri that the A b1ll (H. R. No. 2323) refnndmg to the Umversity of Notre Dame United States Government does not in any way guarantee that an in­ dn Lac, of Saint Joseph Connty, in the State of Indiana, the sum of ventor who gets a patent shall make money or shall get remuneration. $2,3:~:07, that being the amount paid on certain imported articles, &c. It simply guarantees, as I understand, that he shall have the ex­ .A bill (H. R. No. 2(t()4) for the relief ef the City Distillery Com- clusive right to vend, sell, and use the invention during the time pany, of Pekin, Illinois; and specified. Nethertheless I do understand the theory of our patent A bill (H. R. No. 456-i) for the relief of A. F. Whitman, administra­ law to. be that it gives him that exclusive right only that he may get tor de boni8 no-n of Samuel Kimbro and E. V. Kimbro. ~ reasona?le remune~ation, if he can, for his time and labor expended The following bills from the Honse of Representatives were sever­ m perfeotmg the article patented, and I understand the practice to be ally read twice by their titles, and referred to the Committee on Mili­ where he has had the full time, where sufficient baa been collected tary Affairs : from the public to remunerate the party, there is no extension; but .A bill (H. R. No. 1860) for the relief of George McDermott; and the practice of the Patent Committee and of Congress I believe has A bill (H. R. No. 4558) for the relief of John N. Reed. been that where he has spent time and •labor, has perfected a useful The following bills from the House of Representatives were sever­ article, as this faucet is found to be by the committee, he may have ally rea-d twice by their titles, and referred to the Committee on Public the exclusive use for a rea-sonable time to compensate him, if it is not Lands. · · - detrimtntal to the public, and if he has never collected from the pub­ •.A ?ill (H. R. No. 4779) donating to the board of education. of school lic anything sufficient in the way of compensation. diStrict No. l,ArapahoeCounty, Colorado, blocknnmbered 143 in the This man, aa I understand, has not had any compensation. He is east division of the city of Denver, Colorado, for common:school an old man. The proofs show that he did seek to put this invention purposes ; and in operation ; they show that it was used; they show that the men .A bill (H. R. No. 4886) to authorize the correction of boundaries of whe had an interest against it-the plumbers, not the users were certain lands in San Mateo County, California. against it, as the proofs show, because this was so perfected that it The bill (H. R. No. 4565) for the relief of Lieutenant George ' M. cut off :what every.one knows is a great evil, the c«;mstant necessity Wells, of the Marine Corps, was read twice by its title, and referred of reparrs. H.e bemg .a m~ wh.o lla~ really recetved nothing, no to the Committee on Naval Affairs. counterbalancmg consideratiOn, 1t bemg a really useful invention BILLS RECOMMITTED. the committee were willing as an exceptional case to give him ~ Mr. VOORHEES. The Senator from Iowa [Mr. KIRKWOOD] re­ chance for seven years so that he, or his family if he is dead may ported adversely on the bill (S. No. 1456) granting a pension to Abram get some compensation for the labor, skill, and ingenuity exhlbited F. Farrar, from the Committee on·Pensions. I have his permission to al!-d the time spent ~n trpng ~ introduce this article during the life move a reconsideration of the vote by which the bill was indefinitely of the first patent, It bemg qrute usual to allow one extension. postponed, and that it be recommitted to the Committee on Pensions That is all I desire to say about it, and I submit it to the Senate additional evidence having come into my hands. ' ' p.q.ying that if this is not an exceptional case there has not· one ever The motion was agreed to. been before the committee since I have sat upon it. Mr. BRUCE. I move to recommit to the Committee on the District ORDER OF BUSINESS. of Columbia the bill (S. No. 339) for the relief of William Bowen of the D!strict of Columbia, which was reported adversely from that The VICE-PRESIDENT. The unfinished business of the Senate committee. I am informed that the claimant is prepared ro submit 1120 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8) additional evidence to that already submitted and desires a. recom­ ~rs and soldiers of the Mexican war, who from some cause or other neglooted in time to dra;w ~be extr& three months' pay ,which was given by the act of 1848, and mittal of the bill. no appropna.tion ·has been made for paymg them. The a11propriations have aU The motion was agreed to. Ia:psed. And this is simply to authorize them to receive their pa:y: under the limit­ EXTRA PAY TO SOLDIERS OF MEXICAN WAR. ations of the law of 1848. The amount is estimated as not exceeding in any event $40,000. Mr. SPENCER. I move that the Senate proceed to the considera­ of House bill No. 376. It then passed without any objection. So that the bill b,~s really Mr. HOWE. Do I understand that the library bill is laid aside in- passed the House of Representatives on two di:ffe:fent occasions. There formally! are perso_n& who a few years ago did ~ot need .this pittance, wh~ to The VICE-PE,ESIDENT. Without prejudice. • my certam knowledge, are now pleadmg to this Congress. to allow it. Mr. ~PENCER. During the day. It was but a few days ago that I was called out of this Chamber by Mr. :aOWE. Very well. a lady, .an accomplished aud elegant lady, whose husband rendered to The VICE-PRESIDENT. The question is on the motion of the Sen­ the Umted States Government upon the battle-fields of Palo Alto and ator from Alabama. Resaca de la. :!;>alma most distinguished service, recognized so by all The motion was agreed to ; and the Senate, as in Committee ef the men, and on the battle-field of Resaca de la Palma lost his life while Whole, res~ed the consideration 8f the bill (H. R. No. 376) for the commanding his battery in defeDBe of the flag Qf the Union. That payment to the officers and soldiers of the Mexican war of the three lady called me out and was earnest in regard to this bill of relief months' extra pay provided by the act of July 19, 1848, the pending small though it be. Times are such that what a few years ago wa~ question being onthe ame?dment offered byMr.EDMUNDS online~7, a matter of trifling consequence is now a matter of importance and after the ward" war," to msert ''and the war for the suppression of the entire amount, as I have shown, stated by the Secretary of'War the rebellion ; '' so to read : and furnished to the House to settle the whole business, as the bill as came from the House, is not exceeding $40,000. Promded, That tbe provisions of this act shall includ~ also the- officers, p~tty officers, seamen, and marines of the United St.a.tes Navy employea in the prosecu­ Mr. President, the amendment which I have offered takes in the tion of said war and the war for the suppression of the rebellion. o~cers an~ Sapershad beenmis­ The PRESIDING OFFICER. The amendment will be read. p~ced in. the clerk's office, and the answer was not given; but I :find The SECRETARY. In line 15, after the word" navy,'' it is proposed by refe;re~ce to the debate which occurred in the House, volume 7, to insert " and of the marine revenue service." part 1, CoNGRESSIONAL RECORD, page 368, when this very bill was under The amendment was agreed to. dispussion and at the time it was passed, the same question was asked Mr. SARGENT. I have tried to understand this bill and tried to by Mr. CLYMER of Mr. BANNING, chairman of the Committee on Mil­ listen to the explanations made of it; but I really do not understand itary Affairs. I am not speaking of an a.rgument; I am speaking of the printed report of the committee; it may be my fault; and I do afac~ which was stared there byl\Ir. BANNING in reply to Mr. CLYMER: not see that the Senator from Texas makes the matter much clearer. Mr. CLYMER. 'What is the estimated amount which will be required by this bill J The report says : M.r. Bi:NJi'lNG. About $40,000. The a.ct of July 19, 1848, which House bill No. 376 seeks to revive, was "re­ Mr. EDEN. In what manner will the Department ascertain the amount to be pealed " by the act of July 12, 1870. "df palMr. 'BANNING. Upon certificates presented to the proper officers of the Treasury Why were these parties not paid during that long interval of and full proof made to them as required lty the ~ld law. ' twenty-two years f · The bill passed without any dissent whatever. Previous to that· Mr. MAXEY. I endeavored to state; and I tried to ~et the Sena­ time, in 1876, this same matter was before the House of Representa­ tor from GaJifi:>rnia to ,listen to me. I may have possibly been en- tives and the same q_ue.~tion asked of General Hurlbut of the House, tirely confused in my language. , who then had charge of the bill. The question was asked by the Mr. SARGElfT. The Senator was not so clear as he usnally i.s. present Speaker .what would be the cost. Mr. Hurlbut, who was a He is generally very clear; but I confess I could not get the idea. member of the Committee on Military Affairs of the House, and a very Mr.l\IAXEY.· It may be my fault or it may not be. I stated that ca,p~hle man, too, s;:~.id in reply: for different reasons, according to the report made by General Hurl­ Xhere are, as nearly as we can ascertain, about one hundred and fifty of the offi- but, there were about one hundred and fifty who had not applied for . . 1879. CONGRESSIONAL RECORD-SENATE. 1121

this money, ma.ny of th~m doubtless bec~use at the time they did not the Mexican war ought ic. like manner to have this allowance, and con~ider that there was any hurty about it, and they made no appli­ thinking it is right, I shall vote for it. cation for it as it was a small matter. The act of July 12,1870, came Mr. BURNSIDE. I think this bill is understood by all the Sena­ along fmd stopped any further application. Hence, then, the resto­ tors. It is simply an act for equalization. It is an act to pay to regu­ ration of the privileges granted by the act of July 19, 1848, is simply lar soldiers wllat was paid to volunteer soldiers. I think it was the restoring, so far as all that class is concerned, those who have not true intent of the original law probably that they should receive drawn on a footing with those who have drawn. I will agree that if this. I do not mean to say that I am exactly a disinterested speaker you put in the inexorable doctrinE\ of laches as having any connec­ on the occasion, because the bill would give me three montill!' extra. tion with a gratuity offered by the Government, possibly as a mere pay for services there, but I do not think that would prevent me vot­ cold, naked letter of the law this laches might operate against these ing for the bill. It seems to me a just bill which simply corrects a. people. But if it be true that they have not got their three months' construction of the law which was an incorrect construction of the extra pay and did do the work and it is a gratuity, it does not seem law by the Secretary of War. to me from my reading of the law that laches have anything to do The PRESIDING OFFICER. The question is on the amendment with the ease. of the Committee on Military Affairs as amended. Mr. SARGENT. I understand the point the Senator now makes. The amendment wa-s agreed to. It does not apply to the regulars or volunteers exclusively. I under­ The bill was reported to the Senate as amended, and the amend­ stood by a private statement of a member of the committee that it ment was concurred in. only applied to regulars who had been excluded from the benefits of The amendment was ordered to be engrossed and the bill to be read the original grant by Congress. a third time. Mr. MAXEY. I have a letter from Secretary Marcy, which can be The bill was read the third time, and passed. read if desired-the act in the very start gave trouble-dated a few days after the passage of the act, (Secretary Marcy was then Secre­ BILLS POSTPONED. tary of War,) in which he construed that an officer of the United Mr. MERRIMON. I beg the Senate to take up House bill No.1326. States Army, Navy, or Marines, could not have any pay under that It is one to which I think there will be no objection. act ~t all until he was dischar~ed. I do not see the propriety of that; Mr. SPENCER. This day was set apart for military bills. If I l>ut doubtless he was correct m his construction of the law. yield to the Senator from North CaroliBa, I shall have to yield to Mr. SARGENT. Was it finally otherwise construed f somebody else. I hope he will wait until we get through with the Mr. MAXEY. No, sir. Ihaveherefourlettersonthesamesubject. bills of the Committee on Military Affairs. Mr. SARGENT. I should like to inquire, then, if this applies to all Mr. MERRIMON. This will take but a minute, and it is impor­ the regular troops who were engaged in that war f tant that it should pat48. Mr. MAXEY. Yes, sir; my amendinent comprises them exactly. Mr. SPENCER. I cannot yield to the Senator from North Caro­ :Mr. SARGENT. Then it is not the case of one hundred or two lina until we get through with the military bills. When we get hu'ndred people; it may include thousands; it may involve a very through, I shall yield to everybody. large amount o.f money. The PRESIDING OFFICER. The Chair must recognize the Sen­ Mr. MAXEY. I do not think it will be possible to involve any ator from Alabama. large amount of money, for if you multiply the sum granted by the Mr. SPENCER. I move to proceed to the consideration of the bill number of officers and soldiers of the Mexican war now living it would (S. No. 104) amending section 1661, title 16, (The Militia,) of theRe­ not be very much.. vised Statutes of the United States. Mr. INGALLS. How manyf The motion was agreed to. Mr. MAXEY. I cannot say. Mr. MAXEY. I ask that that go over. Mr. INGALLS. It is estimated there are over oae hundred thou­ The PRESIDING OFFICER. The Senator from Texas moves th-at sand survivors of the Mexican war. the bill be postponed for the present. Mr. MAXEY. The Senator from Kansas will bear in mind that the Mr. SPENCER. I have no objection. volunteer forces, who are the largest portion of those engaged in that The motion was agreed to. war, were included under the fifth section of the act of July 19, 1848, CAJ."--P DOUGLAS RESERVATION. and have been paid. So this bill does not affect them. 1\'Ir. SPENCER. I now move to take up Senate bill No. 740. Mr. SARGENT. It is very true th~ volunteers were a large pro­ portion of the focce, but there must be a great many survivors of the The motion was agreed to; and the Senate, as in Committee4:>f the Whole, proceeded to consider the bill (S. No. 740) to authorize the re~lar forces. Furthermore, it is not merely the survivors who get this money, but by this bill, if passed, the :heirs of all who are dead Secretary of War to relinquish and turn over to the Interior Depart­ will be entitled to equal satisfaction. ment certain parts of the Camp Douglas military reservation in the M.r. MAXEY. And I hope they will get it, because I think it is Territory of Utah. right. Mr. EDMUNDS. I should like to hear the report read in that case. Mr. SARGENT. Then I call attention to the fact toot the bill really The PRESIDING OFFICER. The report will be read. involves a very considerable amount of money, embraces a very large TheSecretaryread the report submitted b~~Mr. SPENCER on March class of persons, and is legislation of that class where, though we 12, 1878, as follows : suppose at the time we are appropriating a small amount, we finally The Committee on Military A:ffa.irs, to whom was referred the bill (S. 162) ta authorize the Secretary of War to relinquish and turn over to the Interior De­ discover that by its operation we have involved ourselves to a very partment certain parts of the Camp Dougl3.8 military reservation, in the Territory large amount. I think it ought to be very carefully examined to see of Utah, have had the same under consideration, and submit the following report: that these persons are really entitled, for it seems strange that twenty­ This bill, which, by its terms, authorizt'B the Secretary of War to relinq nish and two years should have elapsed where the right seemed to be so clear turn over to the Department of the Interior, for restoration to the public domain, a certain portion of the Camp Douglas military reservation, in the Territory of as to three months' pay under a specific law, without the money Utah, is for the relief of Mr. Charles Popper, a citizen of the United States, resi­ being claimed. I do not like to obstruct a bill of this kind; I feel dent in said Territory of Utah. about this as I do about pension bills ordinarily. From the record filed in the CMe, it appears, by Executive Document No. 97, Honse of Represent-atives, first session Forty-fourth Congress, that Mr. Charles Mr. MAXEY. I am really surprised that the Senator from Cali­ Popper settled in the Territory of Utah, in the year 1864, and that he purchased of fornia should oppose this bill. certain herders of cattle, then settled upon lands now comprised within t.he mili­ Mr. SARGENT. I say this bill is something like pension bills. tary reservation of Camp Douglas, their possessory rights thereupon, tog.,tMr Senators do not like to be captious, do not like to appear to be anx­ with certain improvements, consisting of a log cabin and corral, for the sum of $800. Immediately thereafter he erected a slaughter-house and corral on the said ious to protect the Treasury in such cases, partly because it is a mat­ land, at an outlay of 2,000, dug a ditch of a quarter of a mile in length, Iuid pipes ter of humanity, partly because it is a thing that seems to appeal to from a certain spring contiguous to the slaughter-house, at au additional cost of . the gratitude of the Government, and under such motives I think we $500. In the year 1865, he erected a cut-stone rock building thereon, at the cost of are likely to do damage. Our pension-roll now amounts to 30,000,000 $14,000, and expended in other improvements, such as out-houses, stables, &c., not less than $LO,OOO additional, making the total outlay upon said land the sum of a year. We have paid nearly six hundred millions in pensions since $26,500. He hM occupied said premises and held peaceable possession thereof ever the war closed. We are liable to twice that amount or perhaps five since. times that amount before we shall cease paying pensions ; and we At this time (1865) the land WM unsurveyed, and no land office had been estab­ have just paased a bill for paying arrears of pensions which amounts lished by the Government in Utah Territory. On September 3, 1867, however, and prior to any survey, the extension of the Camp Douglas military reservation was somewhere from eighteen to fifty million dollars, nobody knows how ordered to be established by the President, and was 80 announQed in General Or­ much, eighteen million, at least, to those now on the pension-roll, and der No. 66, headq_uarters Department of the Platte, December 17, 186!>. It will be the applications are coming in enormously. And now we propose to observed that this reservation was established in 1867, but it does not appear to pass -a bill that applies to a large class, to all the regulars, and in the have been definitely located nor surveyed until1869. Therefore, prior to this sur­ vey, Mr. Popper was nnapprised that the land upon which be had settled and made result to their survivors, givi,ng th,em this three months' extra pay. these large and expensive improvements was in any wise embraced within a mili­ l think w'e ought to go a little slowly in these things, although a-s I tary reservation, and the survey of 1809 was his first info1·mation in the premises, say it is somewhat ungracious to object to them. after he had occupied the same, and paid city, county, and territorial taxes thereon Mr. MAXEY. I voted, and nearly every man on this side veted, I for nearly four years. It appears frOm the sworn statement of General George R. Maxwell, late regis­ who wore th~ grey in this last unpleasantness, cheerfully, voluntarily ter of the United States land office at Salt Lake City, Utah Territory, that Mr. voted for a pension to all the Union soldiers not long since, for the Popper took necessary steps, 80 soon a.s the land office was established, to protect bill which the Senator from California speaks about; but I want to his claim and procure a. title to the lands occupied by him, and made proof of his be just also to the men who were in the Mexican war and are as much occupation thereof, his purchase from a previous owner in 1864, and the erection by him of other improvements thereon at an outla.v of large sums of money, which entitled to it as they were. Believing the Union soldiers in the last papers were all forwarded to the General Land o·mce at Washin~n, with the rec­ war were entitled to that pension, and so voting, I believe the men in ommendation that Mr. Popper be allowed to purchase the saiQe, 'tiqt t~s l>~se. VIII-71 1122 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8,- as of necessity, could not be permitted, because of the subsequent extension of the [Seventh indorsement.] said military reservation. wAR DEPARTliEll'T, ADJUTANT-GF.l\'RRAL'S OFFICB, Upon the occupation of said reservation by the military authorities the fact of Wa.hinaton, JuntJ 11, 187!'i. Mr. Popper's occ11pation of a portion thereof, together with a statement of the improvements erected thereon by him, was brought to the attention of the Secre­ Respectfully retllrned to the Secretary of War, with proceedings of a boarr1 ot tary of War, under the general practice adopted of forcing all squatters to remove officers, convened by orders from headquarters Department of the Platte dated from mill tary re ervations when the same o.ro established or extended. May 7, 1875, in the case of Mr. Charles Popper. ' The following is the correspondence, through the various military channels, in E. D. TOWNSEND, reference to Mr. Popper's case-, until Lieutenant-General P . H. Sheridan, of date A.djutant-6eneral. Chica"'o, December 28, 1875, upon a review of the entire premises, recommends 2993 Adjutant-General's Office accompanyinJI. that the Government do relinquish so much of the northwestern corner of the [Eighth indorsement.j reservation as embraces the apparently just claim of Mr. Charles Popper: WAR DEPARnmNT, HEADQUARTERS CAMP DOUGLAS, UTAH TERRITORY, June 19, 1875. December 11, 1874. Respectfully returned to the Adjutant-General of the Army, calling attention to SIR: In compliance with your instructions dated headquarters Depat tment the fact that General Crook's order convening the board of officers does not appear Platte, Omaha, Nebraska, September 8, 1874, to remove all trespassers from the to have been exactly comformable to the directions of the Secretary of War. The reservation at Camp Douglas, I have the honor to submit the following report: Secretary of War approved of the views -and recommendations of General Ord. Upon investigation the following trespassers were found: These were as follows: * * * "I therefore disapprove of any pernrission to First. Mrs. Ann Elmer has a small two-story house, basement built of red sand­ purchase land being giveR this man, because of the various privileges and favors stone, upper story of adobe, of little value, situated near the southern line of the granted~~ of o~upying gratis a valuable and choice loeation, waiT supplied with reservation, and built before the extension. Mrs. Elmer was notified to remove a never-failing spnng. .. * * I recommend that a board of officers, not stationed said bnildin~ She has not complied, and it will be taken down as soon as men at Camp Douglas, be ordered to examine into the merits of any claim of Mr. Pop­ ean lte spareu for that purpose. per to further compensation for improvements, and after assessing the rent whicn Second. Frame building near northwest corner of reservation, occupied by Mrs. ~eland co~d have brought the United States on Mr. Popper, at currentrat.es, the --; built by mistake on the reservation; notice given, and the house has been difference, if any, between the actual present worth of :Mr. Popper's original im­ :removed. provements, not the farm or appurtenances thereto, and what Mr. Popper would Third. Old brick mills and kiln near west line of reservation, of little value; have had to pay as rent to private parties, be allowed him." notice given and complied with. Let the papers be returned to the general commanding the Department of the Fourth. A small ado be house near west line of reservation, owned and occupied by Platte with directions to reconvene the board of officers for the purpose of carry­ Stephen Pope and wife-very old people-who evidently have been deceived in the in~ out the foregoing recommendations of Ge11.eral 0~ Congress alone can per­ pnrcha,se of t.heir supposed little property. Upon investi~ation of their papers, I mit Mr. Popper to acquire a title to a.D.y part of the reservation. While this may · find that the lot was certified by the Salt Lake authorities to Christian E. Nor­ prove, after all, the best settlement of the claim, it is not the mode heretofore ap· holm, March24, 1S67. No transfe1•has been made byNorholm to .John Baswell, who proved by the Secretary of War, and for which the services of the board of offi­ made a conveyance to Pope, which was recorded March 24, 1869. No action taken cers were particularly required. in this case, as I would deem it cruel to dispossess these old people at once. WM. W. BELKNAP, Fifth. Two temporary buildings (board) for ice-houses, half way between post Secretary of W~. and west line of reservation, owned by .John Hail, who claims to have had verbal Received back Adjutant-General's Office, .June 24, 1875. permission from Lieutenant-Colonel H. A. Morrow; notice to vacate given; action [Ninth indorsement.] suspended until petition herewith, marked A, can be considered by the department commander. I would recommend that he be permitted tM use his ice-houses until wAR DEPARTMEI\"T, ADJUTANT-GENERAL'S OFFICE, next fall, and then required to vacate, as he has been to considerable labor and Washington, June 25, 1875. expense. . Respectfully returned through headquarters of the Army to the commanding Sixth. Extensive and valuable improvements near north line of reservation (see general Department of the Platte, who will cause the board of officers to be recon­ plat inclosed, to~ether with papers rn the case, Nos.l, 2, 3, 4) belongingtoUharles vened in accordance with the instructions of the Secretary of War, contained in Popper, beef contractor. preceding indorsement, (8th.) These improvements consist of a large sandstone building, suitable for the man­ These papers to be returned as heretofore directed. ufacture of soap and candles ; ihree frame buildings cattle and pig pens, and con­ By order of the Secretary of War. siderable fencing, as set forth in Mr. Popper's dec~ation, and which has been THOMAS M. VINCENT, verified by a persresident of the In absence of the Lieutenant-GeneraL board of officers convened by paragraph 6, Special Order No. 55, and reconvened per R. C. DRUM, paragraph 2, Special Order No. 123, onrrent series, from these headquarters, (copy Asmtwn.t Adjutant-General. rnclosed.) [Third indocsement.) By command of Brigadier-General Crook. GEO. D. RUGGLES, ' HEADQUARTERS OF THE ARMY, Asm tan t Adjutant-General. Saint Louis, January 5, 1875. Received back December 15, 1875, with proooedings.indorsed, and certified to Respectfully forwarded to the Secretary of War. Colonel Palmer, Second Cavalry, president of the board, for completion, December W. T. SHERMAN, 16, 1875; back, with correction made, December 23, 1875. General. [Fourth indorsement.) (Thirteenth indorsement.) WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE. llEADQUARTERS DEPARTMENT OF THE PLATTE, Washington, January 19, 1875. Omaha, Nebraska, December 23, 1875. Respectfully submitted to the Secretary of War, inviting attention to accom­ Respectfully returned, through headquarters Military Division of the Missouri, panying brief and report. to the .Adjutant-General of the Army, with new proceedings in the case, which are E. D. TOWNSEND, approved. Adjutant-General. GEORGE CROOK, [Fifth indorsement.] Brigadier-General Commanding. WAR DEPARTMENT, April 12, 1875. [Fourteenth indorsement.) Respectfully returned to the Adjutant-GeneraL llEADQUARTERS MILITARY DIVISION OF THE MissoURI, The views and a-ction of General Ord in all of the within cases as well as his Chicago, December 28, 1875. recommendation regarlE:if~e:.be returned to this office with report of action and proceedings and fourteenth indorsements hereon. E. D. TOWNSEND, By order of the Secretary of War: . Adjutant-General. E. D. TOWNSEND, The ments of Mr. Popper's claim to the lands in question were investigated by Adj~?tt-General. a. board of officers, convened under authority of th~ War Department, ooasisting Jl.ooeived ];)ack Adjuta.nt-~eneral ' a Offioo, J~~ l:O, 1875, of Colo~el L N. Palmer, Second Cavalry; Colonel F. F. F lint, Fourth Infantry, 1879. CONGRESSIONAL RECORD-SENATE. 1123

and First Lieutenant George 0. Webster, adjutant Fonrth Infantry, which board any portion of the land designated in tke accompanyin~ map as Popper's property, assembled in pursuance of the following order: which was not included in the first reservation of one mile square, and was brou:;?;llt [Special Order No. 55.-Extract.] into the reservation, as declared by the order of the President, SeJ)tember 3, 1!)t.i7. "But, as itis considered that it would be for the best inter~ sts of the service for HEADQUARTERS DEPARTMENT OF THE PLATTE, the Government to have possession of the lower half of the southernmost portion Omaha, Nebraska, May 1, 1875. of Mr. Popper's land, it is recommended that if any p ermission is accot·ded to Mr. * Popper to purchase, that such southern half be retained, giving him, Popner, an V. A board of officers, to consist of Colonel I. N. Palmer, Second Cavalry; equal amount of land immediately to the westward of the northern half of such ColoDel F. F. Flint, Fourth Infantry, and First Lieutenant George 0. Webster, southern portion. The board inclose a map showing the proposed division of the adjutant Fourth Infantry, will assemble at Camp Douglas, Utah Territory, at ten 'quarter section' referred to. (.Map is dated Salt Lake City, Utah T erritory, o'clock a. m., on Thursday, May 13, 1875, or as soon thereafter as practicable, to May 15, 1875.) examine into the merits of any claim of Mr. Charles Popper to further compen­ "Mr. Popper has declared himself satisfied with such an arrangement as the one sation for improvements on the military reservation of Camp Douglas, and to just referred to." investigate generally and thoroughly, and report fully upon the Rubject of the From this it would appear that it would be for the best interests of the Gov­ eooupation of part or parts of the said reservation by the said Mr. Charles Popper ernment to have possession of the lower half of the southernmost portion of Mr. gr his ~gants. ' Popper's land, allowing Mr. Popper an equal amount of land immediately to the westward of th~ northern half of such southern portion, a. proposition to which .By command of Brigadier-General Crook. Mr. Popper appears to have acceded. The map referred to and forwarded by the GEORGE D. RUGGLES, board, showina the proposed division of the quarter-section, is on file in the office AsBiotant Adjutant. General. of the Clerk of the House of Representatives, and the description of the land, as stated in the bill, containing 151& acres, conforms to and agrees with the map so After takina testimony and going through various deliberations, with the usual transmitted by the said board of officers to the Secretary of War. Hence, so far formalities an'a routine incident to such proceedings, the board found for the mer­ as this matter is concerned, the land proposed by t he bill to be turned o\er by the its of Mr. Popper's claim, but suggested that the only way he could ebtain proper Secretary of War to the Secretary of the Interior, for the purpose of allowing Mr. relief would be bl act of Congress, which body wonld either direct a redrawinp; of Popper to enter the same at Government rates, in view of the equities of his claim. the lines of the Uamp Dougla-s reservation, so as to exclude the land in question, is the land recommended by the said board of officers, in part by snbstitution as or appropriate money to pay a just and reasonable price for the improvements aforesaid, and embraces the improvements erected by Mr. Popper, and which is, which were on the land in question at the time it was enveloped in the military as found by the said board, not needed for military purposes. reservation, as re-established in 1867. But the board also found that the land in It appears affirmatively by the record that Mr. Popper has never exercised the question, were it not for the improvements made upon it by Mr. Popper, would be right of pre-emption conferred by existing laws, and therefore still retains the of no value to the Unite& States or to any private party as a place to rent. Hence, privilege. Your committee find, the premises considered, that Mr. Popper's set­ the im!Jrovements being of no use to the Gove~ent. by reason of the land beinp; tlement on said laud was bona fidet, and that at the time of his said settlement he of no value to the Government for any purpose, It would follow that Congres-s could could have been in no wise advisea of the probability of its beinp; included within not justifiably appropriate money to pay for improvements valueless to the Gov­ any prospective extension of the military reservation. He bad made large outlay ernment. The remedy, therefore, suggested by Lieutenant-General Sheridan was in the way of erecting improvements prior to any action taken by the authorities accepted by the Department of War, and the secretary submitted to the House of to set the land aside for military purposes, and had been assessed for and paid Representatives, of date January 20, 1876, the followin~ communication, transmit­ taxes upon the same, also prior to the establishment of the military reservation. nng the papers which have in part been quoted herein oy your committee. He has always occupied the premises and retained peaceable possession of the [Forty-fourth Congress, first session. House Ex. Doc. No. 97.1 same. The land being not needed for military purposes and the improvements of no value to the Government, it would seem proper to afford him the relief he "'eeks, Letter from tM Secretary of War, transmitting correspondence relating to the mili­ especially since the whole matter has been formally inquired into and reported tary reservation at Oamp Douglas, Utah. upon by the military authorities throu&h a board consisting of officers of the high­ W AB DEPARTMENT, January 20, 1876. est character, whose action, together mth the conclusions of the Lieutenant-G•m• eral of the Army, and the recommendations of the Sec;etary of War, ought to be The Secretary of War has the honor to submit to the Honse of Representatives conclusive upon Congress. the following communication : The committee therefore recommend the passage of the bill. The military rese.rvation of Camp Douglas, Utah, as ordered by the President September 3, 1867, included certain valuable improvements made in good faith by Mr. EDMUNDS. I wish the chairman of the Committee on Mili­ Oharles Popper, among which were a slau,:1;hter-house and a stone-built soap-fac­ tary Affairs would tell us what was the report of the board of officers tory. The improvements are in a hollow near the northwest corner of the r eserva­ tion. The matter has been investigated by a board of officers, and the following appointed to find out how much benefit Popper ba-d received and how recommendation of Lieutenant-General Sheridan meets the approval of the Sec­ much, if anything, he was entitled to upon the principle of paying retary of War: "That the Government relinquish so much of the northwestern him for his improvements and letting him go. The Committee on corner of the reservation as embraces the apparently just claim of Mr. Charles Military Affairs has included a good many other documents in its re­ Popper. This is, in my judgment. the best way to settle this question, especially as that portion of the reservation is not necessary to the wants of the public serv­ port, but I do not see the report of this board of officers who were ice at Camp Dou~las." The act of June 22, 1874, concerning certain reservations not to be those at Camp Douglas, upon that subject. in Arizona. may oe suggested as a precedent in point of form. Mr. SPENCER. Popper, as I understand it, received nothing at Attention is also invited to a claim by Stephen Pope for improvements included all. It was decided they had no authority to pay anything. I think within the same reservation. In this case a board of officers has recommended It the payment by the Government of 150 for any losses sustained by Pope in conse­ the Senator will find it somewhere in the report. is a year since I quence of removal from the reservation. but the Secretary of War concurs in the have read the report. opinion reported by the acting Quartermaster-General: Mr. EDMUNDS. That is not precisely my point. I wanted to know " That the payment * * * recommended by the board * * .. cannot be what that report was, not in respect to their authority to pay him made without the sanction of Congress. The case appears to be similar to that of Matthew Palen and others, for prope'tty taken by the Government in the extension without an act of Congress, but in respect of what the true state of of the Camp Mohave reservation, favorably settled by act approved February 19, affairs was between Popper and the United States. In an earlier 1.873." paper that has been rea-d it is stated by somebody that Mr. Popper had Claims of sinillar character in the experience of this Department have been not had valuable privileges and favors granted to him of occupying gratis infrequent. With a view to some examioation of them when presented, General Order No. 74, Adjutant-General's Office, November 2, 1869, proVIded: a valuable and choice location well supplied with a never-failing "Hereafter no squatter or citizen will be permitted to enter or reside upon a mili­ spring on this reservation, and then a board of officers was directed tary reservation, llD.less he be in the employment of the Government, or permitted to ascertain, npou the theory that Mr. Popper was to leave the prop­ by the department commander. * * * Where parties are already in possession, erty, what a fair balance would be between him and the United States. with valuable improvements, the department commander will cause an investiga­ tion to be made, and submit each case separately for the decision and orders of the That report, which appears to have been made, is not embodied in Secretary of War." this report of the committee. It is believed, however, that compensation for the loss of such improvements can­ And in the same connection I should like to know whether the com­ not in general, be properly made without the special sanction of Congress, except mittee has any positive information that there is any other valuable in c'ases arising within the old Territory of Oregon, where, by section 9 of the act of February 14, 1853, being "An act to a.mend an act entitled 'An act to create the and never-failing spring at Camp Dougla-s military reservation that office of surveyor-general of the public lands of Oregon,' " &c., it is provided as supplies the post, because if this is the grand spring at that post and follows~ Mr. Popper becomes the. proprietor of it, the next thing will be for "That if it shall be deemed necessary, in the judgment of the President, to in­ the United States to buy back the spring from Popper get water clude in any such reservation the improvement of any settler made previous to such Mr. to reservation, it shall in such case be the duty of the Secretary of War to cause the for the post. value of such improvements to be a.'roCI'tained; and the amount so ascertained shall Mr. SPENCER. I do not know anything about the springs at Camp be paid to the parW' entitled thereto out of any money in the Treasury not other­ Douglas. This place of Mr. Popper is on one corner of the reserva­ wise appropriated.' tion. It appeared to be a very plain case. All I knew about it is from In accordance with the ~;eneral policy of encouraging the settlement of the pub­ lic domain, this act recogruzes the justice of making compensation to settlers who rea-ding the papers presented to the committee and the letters of the have not yet acquired title to their l'ands, but wbo have been unexpectedly deprived officers of the Army, who I think without exception did recommend of the fruita of t.heir labor by the action of the Government. It is respectfully sub­ this disposition of the matter. All that is asked by the bill is to tnrn mitted to the consideration of Cong,ress whether some legislative provision, similar to that contained in the above-reClted act of Congress relating to the former Ter­ over to the Interior Department that portion of the reservation occu­ ritory of Oregon, ought not to be made applicable to military reservations every­ pied by Mr. Popper. He occupied it previous to the location of the where. post, was a squatter or settler there before the post was located there, The papers relating to the above-mentioned claims of Charles Popper and Stephen has remained there ever since, and the officers of the Army say they Pope arenerewith transmitted. WILLIAM W. BELKNAP, do not want that farm of Mr. Popper, and it is proposed to turn it Secretary of War. over to the Interior Department and allow him to enter a homestead there. He has spent several thousand dollars in improvements. I Theboard of officers convened for investigation and report on Mr. Popper's claim, found among other facts as stated in the following extract from their proceedings: have no doubt there are other springs on a.e reservation, as it is quite "ColonelJohnE.Smith,Fourteenthlnfantry,commandingatCampDouglas,gives a large post, a very large one. I presume they would not give Mr. it as his opinion that Mr. Popper's property is in no way necessary for military pur­ Popper a spring for water. The bill is recommended by all the offi­ poses. It is some distance from the main road leading from Camp Douglas to Salt cers of the Army a-cquainted with the facts. La.keCity. The slaughter-house is in no way a nuisance to the post; a considerable portion of the grouna is unfit for any purpose, being the side of a mountain, or Mr. EDMUNDS. I do not see it quite in that light from the report broken up in ravines or ditches, and is so located that it will probably never be re­ of the committee. The critical point lli that the comm.i.ttee do not quired for any public purposes. embody t.be report of this board of officers; but the committee statE) "Although-the order convening the board in this case does notdirectthatan OP.in· ion be expressed, it is believed that it was intended that it should do so, and It is on page 6: the opinion of the board that M1'. Popper should be permitted to acquire a title to The board fo-and for t.Ue merits pf ~- :Popper's claim- 1124 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8,

What that claim was, whether for land or money, does not appear amount of argument than would be justified this afternoon, and I very clearly- · would prefer that it be laid over. but suggested that the onli way he could obtain proper relief would be by act of Mr. SPENCER. In that ca8e we will let it pass over. t::ongress, which body would either direct a r~WIDJ; of the lines .of the Camp The PRESIDING OFFICER. The bill will be pa.ased over if there lion alas reservation so as to exclude the land m question, or appropnate money w be no opjection. } 1 ~>.y ~just :md rea-Sonable price for the improvements which were on the limd 1n question at the time it was enveloped in_the military reservation, as re-estab­ MONTANA VOLUNTEERS. lished in 1867. :But the board also found that the land in question, were it not.ior Mr. SPENCER. The next bill on the Calendar is Senate bill No. t.he improvements made upon it by Mr. Popper, would be of no value to the Umted 758, for the relief of citizens of Montana who served with the United il\.ates or to any private party as a placet{) rent. States troops in the war with the Ne.z Perces, and for the relief of the Then the committee proceed to say : heirs of snch as were killed in such service. I move to indefinitely Hence the improvements being of no use to the Government, by reason of the postpone that bill as there is a House bill passed in the exact lan­ l&nd beu;g of no value .to the Gove~ent for any purpose, .it woUld follow that; guage of this, and we can take up the House bill when we reach it. Congress could not justifiably appropriate money to pay for Improvements value­ The PRESIDING OFFICER. It is mov~d to postpone indefinitely less to the Government. the bill named. That report seems to stand in opposition :00 the Secretary of War's The motion was agreed to. indorsement of the 19th of June, 1875, which says: ARMY BOARDS OF REVIEW. I therefore disapprove of any permission to purchase l~_LDd being giv~ this ID;an.. Mr. SPENCER. I now move to proceed to the consideration of the because of the various privileges and ~avor~ granted hin_l.of OCC?pymg gra~ a valuable and choice location, well supplied With a never-failing sprmg. * * I bill (S. No. 1354) to confer upon Army boards of the United States recommend that a board of officers1 nQt stationed at Camp Douglas, be ord1_1red to Army, organi.zed by the President to review sentences of courts-mar­ examine into the merits of any claun of Mr. Popper to further compensation for tial, authority to compel attendance of witnesses, and to send for per­ imJ?rovements, and after assessing the rent which th~ .land co~d have brought the Umted States on :Mr. Popper, at cniTent rates, the difference, if any, between the sons and papers, as is now given by law to courts-martial, and for actual present worth of Mr. Popper's original improvements, not the farm or 3J?pnr­ other purposes. tenances thereto, and what Mr. Popper would have had to pay as rent to pnvate The motion waa agreed to; and the Senate, as in Committee of the parties, be allowed him. Whole, proceeded to the consideration of the bill. The difficulty in my mind-of course I know nothing about it ex­ Mr. MAXEY. The whole purpose and design of that bill is simply cept what appears here-is that we ~o not. have before us the e~ct to give to Army boards of review the power of enforcing the attend­ report of this board of officers that mvestigated the whole subJect, ance of witnesses now given in like cases to courts-martial; and it so as to know precisely wha~ it was they found to be the cas~, proceeds on the idea that an Army board of review being a judicial whether there is any other sprrng that the post may use, whether 1t body it ought to have the power to enforce its jurisdiction, which it is. better for the United States to give up the land or to pay the hal­ has not now under the law as it stands. lance due ou the improvements or not; and I greatly fear that when The bill was reported to the Senate, ordered to be engrossed for a this gentleman becomes the proprietOr of the land, it will be discov­ third reading, read the thir4 time, and passed. ered that this spring at least is absolutely indispensable, ancl th~t we MONUMEYT AT CHALME'ITE CEMETERY. still have to buy it. Mr. SPENCER. I now move to proceed to the consideration of Mr. SPENCER. I do not know anything about the statement Senate bill No. !403. made by the Senator from Vermont. I think he must be mistaken. The motion was agreed to; and the bill (S. No. 1403) to aid the com­ The map a-ccompanying the papers shows that the fort is at least a pletion of the soldiers and sailors' monument at Chalmette National mile from the spring. This bill only releases so much of the military Cemetery, Louisiana, was considered aa in Committee of the Whole. reservation as is not needed for military purposes, and allows Mr. It donates fifty pieces of refuse granite in and about Fort Livingston, Popper to enter up and prove his claim in the Interior Department. Louisiana, to William Wright, William Roy, and James R. Howell, He was living there before the post was located, and has been living of New Orleans, a committee having in charge the construction of there a good many years and has a fine stone building. the soldiers and sailors' monument at Chalmette Cemetery, New Or­ Mr. EDMUNDS. In order that the chairman may ·look into that leans, which pieces of refuse granite are to be used in the construc­ question and asc!3rtain pr~cisely w)lether that spring is .nee.ded, which tion of the monument. is quite an important poillt, l thm~, I mQve th~t this bill be post­ The bill was reported to the Senate, ordered to be engrossed for a poned until to-morrow. third reading, read the third time, and passed. Mr. SPENCER. I will allow it to pass over temp9r:;~.rily. Mr. EDMUNDS. I think I will make a motion to postpone it until JAMES CLIFT. to-morrow. Mr. SPENCER. I now move to proceed to the consideration of Mr. BUTLER. To-morrow is Sunday. House bill No. 409. The PRE£IDING OFFICER. The Senator from Vermont moves The motion was agreed to; and the bW (H. R. No. 409) for the relief that the bill be postponed until to-morrow. "To-morrow" means of James Clift, late captain Fifth Tennessee Cavalry, was considered the next legislative day. ' as in Com~nittee of the Whole. It directs the Paymaster-General of The motion was ~greed to. the Army to pay to James Clift, late a captain in the Fifth Tennessee BILLS PASSED OVER. Cavalry, the full amount of pay and emoluments as first lieutenant Mr. SPENCER. The next bill on the Calendar from the Military of cavalry commanding company from the 19th of September, 1863, Committee is the bill (S. No. 112) to make an additional article of the date of his commission as captain of a. company of mounted guards war. By an understanding between myself and the Senator from from Andrew Johnson, military governor of Tennessee, to the 26th of Kansas who introduced the bill, [Mr. PLUMB,] it maybe passed over March, 1864, the date of his muster into the Fifth Tennessee Cavalry, and not taken up to-dn.y. the same being for actual services rendered in the field. The PRESIDING OFFICER. The bill will be pa.ssed. over if there Mr. EDMUNDS. Does the Senator intend to move to take up the be no objection. order of business 750, which he has passed over 7 Mr. SPENCER. I shall after a little. M~ SPENCER. Also Senate bill No. 387, being a bill to correct the date of commission of certain officers of the Quartermaster's Depart­ Mr. EDMUNDS. I wish the Senator would take it up iu its order ment. We shall let that bill pass over to-day, as the Senator from while we are here. New Hampshire [Mr. WADLEIGH] who reported it is absent and sick. Mr. SPENCER. I was waiting for a Senator who is ont, who iB interested in the bill, but I will call it up after this bill is acted on. He expected it would be disc~ed at some length_, and he is not able to make his argument to-day. ' Mr. EDMUNDS. Very well. - Mr. M.AXEY. The majority report in that case was made by the The bill was reported to the Senate, ordered to a third reading, Senator from New Hampshire who is absent. The minority report read the third time, and passed. was presented by myself on behalf o.f the minolity. I have been ex- SOUTHERN RAILWAY ACCOUNTS. ceedingly an~ous to have t~at .b~ disposed of, ~nd my great hope, Mr. SPENCER. I now move to take up the order of business No. wastat a>ennes of internal commerce should be opened at ment's locomotives and cars.' once. Under these circumstances, executive orders of August 8 and October 14, "From the reports em braced in Er. Doc. 155, Honse Reports, Thirty -Din th Con­ 1865, were issued, directing the apportionment among the railroads of such of this gress, first session, we extract a few illustrations of the prices charged by the property as they mightf desire to purchase. For explana.tion of the purposes and GoveTillilent: policy of the Government in adopting that course, see testimony of Secretary of " • One hunllred and fifty-four locomotives were appraised and sold in the mili­ War Stanton, House Report 34, Thirty-ninth Congress, seco~d session. tary division of Tennessee at average prices only about 18 per cent. less than their "The various railroad companies took, at prices affixed by the Government, original cost. (Paue 412.) $7,556,033.95 of this property, and' gave bonds, in form prescribed by the Secretary '' 'There were soi'd to the Orange and Alexandria Railroad one hundred and fifty­ of War, for payment of the same. All of thecompani6S'took this property at what­ eight car-wheels for 4,424, which cost the Government only 3,630.84, and seventy­ ever price was demnnded for it, and gave their bonds for J.>a.yment without hesita­ nine car-wheels for $2,054, which cost only 1,815.42. (Page 439.) tion, for the reason that they had no other means of obtaml.ng the necessary ma­ "• There was sold to the Atlantic and North Carolina.' Railroad two locomotive­ t-erial to operate their roads, and because they were led to believe that full payment engines for $29,000, that cost the Government only $1H, OOO, and twenty fiat cars for of' their bonds would never be exacted by the Government, (see testimony of Gen­ $11,600, that cost only $9,527.86. (Paae 444.) eral Meigs, House Report 34, Thirty-ninth Congress, second session, page 2-26,) and " 'There was sold to Wilmington an"d Weldon Railroad two locomotive-engines for also that they would be allowed credit for the use, occupation, and damage to their $28,500, that cost the Government only f',2-2,250; forty-five flat cars for ¥23,700, that prope~ by the Government after the close of hostilities, and would be paid their cost only $21,437.55; and ten rack cars for $5,000, that cost $4, 763.90.' (Page 442.) full tariff rates for such transportation as theGovernment might thereafter demand "In House Report 34, Thirty-ninth Congress, second session, we find the follow­ over their road. When, however, it became apparent that the officers of the Gov­ ing statement on page 439: ernment were determined to insist on a literal performance of the bonds, and when, "'Amaunt paid for engines and cars for military railroads in North Carolina, instead of allowing the companies their regular tariff rates for the transpottation $230,449.20. There was realized by the United States from the sale of these «

whole subject, repol"Wd as follows, (see Executive Document No. 57, Senate Re· ever heard of, to compromise the dispute. Accordingly their views ports, Forty-fourth Congress, first session, page 17 :) "• The board, after a. full consideration of the subject in all its bearings, thinks were taken by the Committee on the Judiciary of the Senate; and that the valuation of the property was intended, and was considered at the time the views of the War Department were considered. The history of by those who made it, to be a fair valuation ; yet, if measured by the value of the the whole transaction, the old report made by the House committee property had it been sold for cash at the time, the board is bronght to the conclu­ years before, which. I shall have read by and by, if anybody wants to sion and reports as its opinion that there was an overvaluation of fnlly 25 per eent. in the appraised prices.' hear it, (it is a report of about five hundred pages, I should thi~ "This report was accepted and approved by the Secretary of War and Attorney­ giving an account of the transactions with eachone of these railway General, and a(ltion taken on it by them in accordance with the provisions of the companies,) was before us and considered. act of March 3, 1871. The Committee on the Juaiciary of this body in February, 1875, "We also quote a portion of the testimony that we find on the point that the companies believed that the bonds would not be enforced. after full consideration reported a special bill which appears in the " Colonel F. J. Crilly, in charp;e of military railroads, under wh4ilse direction over eighteenth volume of the Statutes at Large at page 335, applicable two-thirds of the property purchased was transferred, said in his report (see House to all the railroads that then, so far as we knew, had any unsettled Report. 34, Thirty-ninth Congress, second session, page 154 :) 1 difficulties with the United States. All the others, as we then un­ " If the companies are held to a strict compliance with the terms of their bonds.' "And in his testimony (page 152 :) derstood and as we understand now, had, like any other business 1 " Q. Do you know any reason why tllese companie~ should not be held to their corporations that had entered into a business arrangement, fulfilled bonds '-A. I think it should be made the subject of careful examination.' their engagements just as everybody is supposed to be rea.dy to do, "Quartermaster-General Meigs, in his testimony, (page 266,) said: 1 and the case was closed; but as to these ten railway companies these • • When this order went into operation I hoped the States would be soon restored to their original condition in the Union, and I thought it likely that if they made various difficulties and troubles existed. The act of 1875, reported I application to Congress they would be treated liberally, and might even be event­ think unanimously by the Committee on the Judiciary of this body, ually released from their bonds. I did not suppose we would get much money from and passed without a division, provided that these ten railroad com­ them, as I supposed that Congress, in its discretion, in order to aid in re-establish­ ingtrade and prosperity, might think fit to relieve them from these claims. panies, being situated in respect of tha~e litigations and difficulties 1 " Q. Was any intimation given to these companies that such would be the case 7- about collection, &c., as they were, might go into an accounting with A. I might have expre sed the opinion, in discussing the case with them, that (.J{)n. the Secretary of War and the Attorney-General of the United States, gress would possibly or probably do so, but the executive branch of the Govern­ and if they could succeed in persuading those two officers to do so, ment could not. That was my impression at the time, and I a.lwa:ys talked frankly with them. I wished to know their sentiments, and had no destre to conceal my those two officers were authorized to abate, not to pay but to abate, owns views or opinions.' from the claims of the United States on their bonds to an amount not "The Committee on the Judiciary of the Forty-first Congress, in their report, exceeeding 25 per cent. of the valuation of the property bought, and in alluding to the above testimony of Quartermaster-General Meigs, very properly to abate nothing else, neither interest, as far as I now see-it may be and pertinently said, (House Report 78, Forty-firstCongress, second session, page4:) 1 in another section but I think not-or claims for use and occupation, " If an officer of the Government, at the time be was executing the bonds, made the explanations and held the views which seem to have possessed GeneralMei~s, or claims for undervaluation of transportation or whatever else. It and as he says he did net refrain from frankly expressing such views talking With also contained the proviso that this settlement should be made within the officers of the road, it may well be imagined that the company might have one year after the passage of that act; and it also contained the pro­ taken property, rolling and other stock, at a valuation much enhanced from the actual price, and that the appraisers might have been qnite careless in the valu­ vision, which was the great point of our being willing to pass the ation affixed to property, they being officers of the Government, when their chief act at all, that good ancl sufficient security be given to the United believed that the property never was to be paid for, and the president of the road States by or on behalf of the parties in interest respectively who in signing the bonds believed they never would be exacted.' did not pay in cash at the time of settlement, for the payment with "The committee, in declining to recommend the passage of the present bill, do not express any opinion on the policy that has been adopted. Congress, by the interest of such SUlllB as on such settlements should be agreed upon. adoption of numerous reports and the passage of three separate acts, has irrevo­ Then the second section provided that the act should not be con­ cably established the principles that must now guide us. It has ceased to be a strued to prevent or authorize any delay in the prosecution of the qu~tion of the original equities between the Government and these railway com­ litigation by the United States against these companies except so ' panies, and is now simply a. question of existing equities. 'l'he total amount of purchases by all the railway companies was $7,556,033.95. Of this amount 5,139,- far as that delay was necessary within the year for the settlements 907.30 of the purchases have been adjusted under the various acts of Congress. between them; and it provided that no other allowance of any kind The committee <'annot conceive any reasons under which the adjustment of the should be made. r emaining amount can be refused or avoided. Under that act, as I am informed, the Secretary of War and the "We report the accompanying bill as a substitute for House bill No. 951, and recommend its passage." Attorney-General proceeG.ed to compromise these disputes with nine The House CommitteE\ on the Judiciary appear to have examined the case very of these railroad companies. There waa one railway company, the . thorou~hly, and report an accompanying bill as a substitute for the original bill, Mobile and Ohio, I think-! am not sure of the name at this mo­ providmg that the Secret.ary of War and the Attorney-General shall be author­ ized jointly to adjust and settle the accounts of such railway companies which ment-that the settlement with did not come to be closed. There received property from the United States in the years 1865-'66, and have made full was a difference of opinion between the Attorney-General and the payment therefor. or who, upon adjusbnent of their accounts under provisions of Secretary of War and that company, and the time running out 9e· the act, shall be found to have paid their indebtedness upon the plan of settle­ fore they had got to any adjustment, if they ever eould get to one, ment adopted by the Secretary of War in the Western and Atlantic Railroad of Georgia., provided that the abatement in respect to valuation shall not exceed 25 that company came to Congress (perhaps the la-st Congress, certainly per cent. of the valuation :fixed by the boards of appraisement upon which the at the last session, for the bill is now pending) to have the·time ex­ property was originally sold. The substitute also provides that such settlements tended to close up their settlement of these disputed transactions. when made shall be taken as an ab olute release of all claims and demands against That bill waa referred, aa the former ones had been, it being a mat­ the United States. Your committee are of opinion that the substitute is a better and more perfect ter of mere legal controversy, to the Committee on the Judiciary. \Jill, and concur in the report of ths House Judiciary Committee. The facts have That led us again to inquire into the state of the affairs, from which been examined heretofore by the Committee on Military Affairs of the Forty­ we learned, as I have said, that these other nine companies had ad­ fourth Conp;ress in the case of the Western and Atlantic Railroad Company, (see justed their disputes with the United States, and the matter was net March 3, 1877.) The facts of overvaluation of this property are the same, and the report of the House Committee on the Judiciary states them clearly and sue-· closed. All the other companies, as I have said, had, according to cinotly. their engagements and transactions with the War Department in Your committee therefore adopt the Tiews of the House Committee on the Ju­ 1865, long since closed out the transaction, just as everybody does, in diciary, and report H. R. No. !>123 as a substitute for S. No. 457, and recommend the a business way. passage of the same. While a bill was pending in the Committee on the Judiciary to ex­ Mr. EDMUNDS. Mr. President, this is a subject that has been tend the time as to this one railway company, the Mobile and Ohio, before this body two or three times and with varying action. 'I'heJudi­ I think, this report was made by the honorable Senator from Alabama ciary Committees that are referred to in this report that Senators not on Senate bill No. 457. According to our practice the chairman of the paying strict attention might suppose to be the Judiciary Committee Judiciary Committee was directed to send to the War Department of the Senate, are not ; they are all the J ndiciary Committees of the for the facts, and in sending for the facts in relation to the Mobile House, with the possible exception (I do not know whether it appears and Ohio road I ventured also to inquire of the War Department what in this report or not) of the act of 1875 relating to nine or ten of these would be the facts applicable to the bill that is now under consider­ railroad companies which was referred in this body to the Judiciary ation, not as having any design to intrench upon the inquiries of the Committee here, it being, as the matter then stood, entirely a ques­ Military Committee; but as one of the roads embraced in the bill of tion of legal and legally equitable right. Suits bad been brought by the Military Committee bad been sent to our investigation and as the the United States upon the bonds given by sundry of these railway whole subject was included together in respect of its general aspects, companies for this property that they had bought. Various defenses I accordingly sent to the War Department to know what the history were set up as to sundry legal questions that were put forward, as of the whole affair was; and the Secretary of War sent to our com­ eounsel always can put them forward, and anterior claims made by mittee the other day a report from the Qnartermaater-General on that Uhe mortgagees of sundry of these railroad companies upon the prop­ subject, which I will ask the Secretary to read. erty itself and upon the roa~s, that affected the possibility of the The PRESIDING OFFICER. The communication will be reported. United States getting satisfaction out of the companies if they suc­ The Secretary .read as follows: ceeded in the snits, were also brought forward. In that condition of things touching railroa~ companies with whom we had got into a w A.R DEPA.RTMENT, controversy about these business transactions, and tbat controversy QUARTEIULA.STER·GENERAL'8 OFFICE, had gone to legal proceedings, and embarrassed with legal difficul­ Washingttm, D. 0., January 24, 1879. ties, and still further embarrassed by the great doubt about the pos­ Sm: I have the honor to return herewith the letter and inclosures from the hon· sibility of collecting any judgments that might be recovered, it was orable ehairman of the Judiciar:y Committee of the Senate, of Decembar 30, 1878, requesting certain information m re,gard to the provisions of Senate bill No. 457l proposed by the railroad companies, these ten or so that are men­ referred to this office for repi>rt, and m reply to the first inq_~. "how many ana ~ioned in this act, all that then made any complaint at all that we what railroad companies fall within the operation of the bill," I have to say that

' 1879. CONGRESSIONAL RECORD-SENATE. 1127

the following-named railroad companies fall within the operation of the bill, as it is construed in this office, for estimated amonnts, as follows, namely : in~= !=:~~~~U:;~;~~o:!~:~~~~l~ ~~t~lg~~~te~d~~~~~:::!~ to them, and to enable them to purchase the property at reasonable prices, and to protect the companies from capitalists who, it was reported, were associating to purchase this material, with the purpose of afterwards disposing of it to the south­ ern t'ailroad companies ; and the dealings with them since the sales in respect Names of companies. thereof have been marked by fairness and justice. The effort to secure a. repayment to them of any portion of the purchase-money seems not to have been thought of or entered upon by these companies until after the debts of certain railroad companies-which the United States were compelled to sue, because the companies refused to pay them unless allowance was made for the use of and damage to their roads during the war-ha.d been compromised under 1 Alabama and Chattanooga .•.....•...... •••... $14,395 01 $14,395 01 the act of March 3, 1871. 2 Alabama and Florida ... -...... ••...... •.•....•.. 22,592 07 22,592 07 The reasons for my belief that there was no overvaluation of the property and, 3 Alexandria, Loudoun and Hampshire . •••..••••. 10,820 23 26,468 47 consequently, that there is no just claim for abatement or repayment of the amount 4 Atlantic and North Carolina .....•.....•...... •. 12,152 73 25,016 21 paid for it are as follows: 5 Georgia Railroad and Banking Company .•...••. i, 951 28 8, 951 28 First. The property appraised by the United States authorities was appraised by 6 Macon ana :Bruuawick •••.•..•...... •. 26,000 44 26,000 44 men (railroad experts and others) who knew its value; men who had no mterest in 7 Macon and Western. ••.•.••••••...•..•.•..•••••. 34,534 89 34,534 89 the matter, and who were selected because of their high standing, knowledge, and 8 Manassas Gap ...... •..•••.•••.••••••.... .•.. 432 44 1, 588 32 peculiarfitnessfor the duty they were to perform, and in the belief that they would 9 Memphis and Charlestoa ..•...••....•.•••.•••••• 183,280 97 183,280 97 act fairly and impartially m the matter. General George H. Thomas, in. his testi­ 10 Memphis and Ohio .••..•..•••.••••...•....•.•••. 40,731 67 40,731 li7 mony before the committee on southern railroads, (H. R. Report, No. 34, second ses­ 11 Mississippi Central .•...... •••••..•..•••...•.. 28,440 69 28,440 69 sion Thirty-ninth Congress, p. 84,) speaking in reference to the sale of property to 12 Mississippi and Tennessee .•••.•...... •..••••. 48,347 35 48,347 35 railroad companies in Tennessee and adjoining States, said : "I selected three of 13 Mobile and Great Northern .•.•••.....•...••••.. 7,196 45 7,196 45 the most distingui~hed railroad men throughout the country that I knew of, with 14 Mobile and Ohio ..•..•..••.....•.•...... ••••••... 206,885 70 228,135 70 an officer of the Army and a recorder," (there were two officers besides the recorder,) 15 Muscogee .••..•.•...... •••••...•.••...•....• _ 1, 535 16 1, 535 16 "who was also an officer of the Army, to make this appraisement. These men were 16 Montgomery and West Point ...•...•.•...... 17,368 81 17, 3fi8 8l all intimate with the value of railroad material." 17 New Orleans, Jackson and Great Northern ...••. 62,458 15 62,458 15 Second. The companies not only took the property readily, but were anxious, even 18 New Orleans, Opelousas and Great Western .•.. 34,417 04 34,417 04 clamorous, to ~et 1t, some of them complaining because they thought they were 19 Orange and Alexandria ...... •••.•••••...•••. 10,274 58 39,998 51 not getting tberr full share of it. This is well known to all persons who were con­ 20 Petersburgh ...... •..•••..••...•..•...••..••. 30,079 64 30,079 64 versant with and bad knowledge of the matt~r. General Thomas, in a letter to 21 Richmond, Fredericksburgh and Potoma.e...... 1, 862 32 1, 862 32 this office~ dated December 28, 1869, said: "They applied for it, were anxious to 22 Rome ...... •.....•.....•..••.•••••. 6, 832 59 6, 832 59 get it, ana to satisfy their requirements it was ordered transferred to " * * 23 San Antonio and Mexican Gulf .•••••....•....•.. 20,718 04 20,718 04 these companies who were eager to accept it. * * * They did not get as mach 24 Selma. and Meridian ...... •••••..•..•..••....•.. 85.209 32 85,209 32 as they applied for. * • " What they selected and applied for was transferred 25 South Carolina ...... •..••..•••••.••..••. 19,240 63 19,240 63 to them. 26 Southwestern .....•••.....••....••..••...•.•.••.. 15,262 80 15,262 80 "The executive instructions of Augnst 8 applied only to railroads in the State of 27 Virginia Central ...... •.•••..••..••.••...••. 33,392 02 33,392 02 Tennessee and their continuations in adjoining States. * * * The urgent ap­ 28 Virginia and Tennessee ..•....•..••.•••...... 44,863 55 44,863 55 peals from other southern roads for a share of the benefits being conferred upon 29 Western North Carolina .•••..•...•.•••••...••.. 4, 241 55 7, 809 02 the Tennessee and adjoining roads were finally beard, and the executive instruc­ 30 Wilmingt,Qn and Weldon .•••••.••...•••.•.•••••. 10,878 01 31,253 01 tions of October 14 directed that the provisions and benefits be extended to all rail­ roads within the limits of my command. The additional instructions were carried, Thirty in all-total amount to be paid. . • • . •••• •• 1, 043, 396 13 1, 147, 980 13 out, dividing the property more generally and lessening the quantity for the Ten­ nessee roads, much against the Will of these companies." General Thomas also referR to a. letter received from the president of the Mobile To the second inquiry, "approximately what sums would be required to be paid and Ohio Railroad Company, complaining that injustice bad been done that road in from the Treasury to each of them under the operation of said bill if it should the distribution of the property; i. e., in not extending the benefits of the order of become a law 7" I have to say that the amount to be paid to each road would de­ August 8, 1865, to that company. • pend•upon the construction put on the bill by the Secretary of War and Attorney­ The controversy over the sale of the preperty between the railroad companies is General. Section 1 of the bill makes it the duty of the Secretary of War and more fully set forth in the annual reports of the Memphis and Charleston, and Mo­ Attorney-General to adjust and finally settle the accounts of all railroad com­ bile and Ohio Railroad Companies, pages 720, 725, 726, and 727, and 834, 835, and 836 panies that purchased property of the United States and have made full payment of House Report No. 34, second session Thirty-ninth Congress. for the same, or who, upon adjustment of their accounts under the provisions of Th;rd. The valuation was not, as bas been alleged, hastily made. the bill, shall be found to have paid their indebtedness on account of such property, Colonel Kellog, re.corder of the board that appraised the property in Tennessee, by deducting therefrom 25 per cent. of the appraised value of the property, re­ said: "The board was engaued nearly three months, I think, in appraising the ducing the rate of interest from 7.3 to 6 per cent. per annum, and by increasing property " (The board met ~ptember 1, 1865, and closed its labors December :lO, the amount allowed for military transportation prior- to March 1, 1867, 5o per cent. ; 1865 ) "I was with them at every appraisement they made. * * * They provided that the abatement on account of overvaluation shall extend only to such acted very carefully and considered everything in a deliberate manner. * * * property as w~ sold at a valuation fixed by the United States authorities, and to They examined neat-ly everything. * * * The engines were apprai.aed individ­ such other property as the Secretary of War and Attorney-General .iointlymay ually." (Report No. 34, page 133.) ootermine to be justly subject to like abatement on account of oveiTalu:..tiou. Fourth. Not one of the companies was compelled to purchase property or to take The valuation of the greatest ~ortion of the property sold to these railroad com­ property it did not want. panies was made by the United :5tates authorities; a portion of the property was General Thomas said: "The railroad companies oame to Nashville and selected bid off at public auction, and a. portion of it was sold on written proposition from what they wanted. * ~ * Every road bad a fair chance to get what it wanted. the railroad companies. * * * They applied for the property, were anxious to get it, and to satisfy The prices for a portion of the proyerty were made to conform to prices realized their requirements, it was ordereu to be transferred to them. * " * What they from sales at public auction ; the pnces for another portion were made to conform selected and applied for was tran!d'erred to them." (Report No. 34, page 8.'>; and to the market price in New York City, wbilo the remaining portion was appraised letter to this otlice of December 28, 1869.) by competent and disinterested persons, who were governed in their action by the Fifth. If any of the companies bad been dissatisfied with the price, it was at lib­ ruling prices of similar property at the manufacturers and dealers. erty to refuse to take the property. ,I The market value of the property was higher then than before the war or sub­ Sixth. The order of the President was that the property should be " appraised by sequent to time of sale. This fact was nrgecl in the settlements rna~le under tho competent and clisintorested parties at a fair valuation." The im•truotions of Gen­ Mt of March 3, 1871, as avidence of overvaluation of the property ; it is belioved eral Tboma!l, to whom the sale of the property was intrusted, to the board of ap­ to be the only ground or basis on which to rest the charge of overvaluation. pt'aisers were, ''it shall be the duty of the board to assess at a fair valuation all Gov­ If the Secretary of War and Attorney-General should bold that those companies ernment property to be disposed of," under the President's order. which purchased property at auction, or at a valuation based upon auction prices, Pursuant to the foregoing instructions, the board met and resolved "that all or on written proposition from the companies, are not entitled to any-abatement on new and unused machinery * * * will be disposed of at the builders' •present account of overvaluation of such property, but that they are entitled under the market rates, transpo-rtaticrn not to be added. * * * All other tools, paints, oils, bill to a reduction in the rate of interest paid, from 7.3 to 6 per cent. and an in­ and other railroad supplies," not included in certain specified lists, "are to be crease of 50 per cent. in the rates allowed for military transportation prior to appraised at New York market prices, if new." (See testimony taken by the Judi­ March 1, 1867, then it is estimated that the amount to be paid to each company, ciary Committee, Honse of Representatives, second session Thirty-ninth Congress should the bill become a law, may be that set opposite the name of each company and first session Fortieth Congress, pages 916, 917, 918, and 928, in the case of the in the first column of the above table, beaded arrwunt to be paid eulud.ing sales at impeachment of Andrew Johnson.) auction, rl:c., the total of which is $1,043,396.13. The President, Mr. F. M. White, and directors of the Mil'lsissippi and Tennessee Should the Secretary of War and Attorney.General bold that all the companies Railroad Company, in their ninth annual report, dated November 8, 1865, said: are entitled to the abatement on account of overvaluation, the amount will be con­ " :By the liberal policy of our Government in selling southern railroads the rolling­ siderably increased. The figures in the second column, beaded amount to be paid stock and railroad material owned by it on long credit, we have been able to get a including sales at auction, cl:c., show the amount tQ be paid to each company, the supply which with what we had of our own, will enable us to do all the business total of which is $1,147,980.13. we can reasonably expect on the road. The amount paid to the State of Georgia on account of the debt of the Western "We got an order from the Governmentforfourlocomotives, thirty.five boxcars, and Atlantic Railroad, under the act ofMarcb 3, 1877, was 199,038.58. and thirty-six platform cars. This rolling-stock bas been reasonably valued, and To that portion of the letter requesting'' the views of your, Lthe War) Depart­ the time of its payment extends through a period of two years. Installments of ment, in respect of the justice, propriety, and policy of the proposed legislation, the price are reqmred to be paid every month, credit being allowed for the service considered upon its merits and without reference to the particular reasons that done by the company for the Government." (Report No. 34, page 763.) may have led Congress to provide for the settlement of other similar disputed The property sold to the New Orleans, Opelousas, and Great Western Railroad claims," I have to say that I know of no good reason for reopening and readjustin~ Company was appraised by two experienced railroad men who, the quartermaster these accounts upon the basis and plan proposed by the bill; that I think it woula wrote, were acceptable to the railread company. be wrong to the rest of the people of the Unitetl States to require the Government When these two men could not a.~ee as to the price a third persou was called. now to refund to the owners of these railroads moneys received in payment of Sales to the railroad companies m Virginia ancl North Carolina were made on property purchased by them at, as I believe, a fair valuation, and with a full special authority of the Secretary of War at prices based either on auction sales, knowfooge of the prices to be paid for it, and the terms and conditions on which actual purchase at auction, the market price in New York City or elsewhere, or payment was to be made; property which they were not required to take by any special agreement between the companies and the Quartermaster's Department. act of the Government, but which they were anxious to purchase; which some of In some cases the companies purchased the property on a. credit of six months with­ the companies have admitted to have been appraised at a. fair :tnd reasonable out interest, and afterward asked to have the time extended, and manner of pay­ valuation; which all but one of the companies herein named pail for at periods ment made to conform to the terms granted to the Tennessee railroad companies; varying from three to thirteen years ago, and that, too, without protest, objection, i.e., payment to be made in monthly installments with interest at the rate of 7.3 or complaint, so far as known to this office, of overvaluation. At the time final per cent. per annum. settlement of the debts was made, tne companies a.ppeared to be satisfied with For further proof that the property sold in Tennessee was not overvalued, I refer their bargains, and with the manner in which they bad been treated by the Depart­ to pages 7 to 14, inclusive, of Senate Executive Document No. 57, Forty-fourth Con­ ment; extensions in the time of payment having been ~ked by and granted to gress, first session, copy herewith. sueh companies as were able to show their inability to pay their indebtedness at Thefactthatthe board in making the appraisal was governed by the market price t.he time and in the JDaDDer originally agreed upon. of the property, that the Government, as hereinafter shown, realized aearly IWI 1128 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8, favorable prices for the property sold at auction for cash. and the testimony fur­ years for the duty assi~ed to them, a duty carefnlly and conscientiousey per· nished by railroad companies and builders showing that the prices of locomotive­ formed; and instances where the Government sold property at auction at an ad­ engines at that time were greatly in exces of the prices fix-ed by the board (see vance on original cost are not to be acceP.ted as evidence of overvaluation of Senate Executive Document No. 55, pages 16 and 17) all show that there was no over­ property appraised by United States anthonties and sold to eager applicants. valuation of the property appraised by the board, while no one will, I think, con­ The annual report of the Quartermaster General for 1870, and the report in an­ tend that property purchased at auction, at prices based on auction sales, or when swer to Senate resolution of Aprilll, 1876, Senate Executive Document No. 57J the prices were specially agreed upon by the parties, was overvalued. Forty-fourth Co11:gress, :first session, pages 14 and 15, have been referred to ann In the reports of the Senate Committee on Military Affairs and of the .Judiciary quoted from f'or the purpose of showing that I am in favor of granting the relief Committee of the House, (Senate report No. 548, Forty-fifth Congress, third ses­ asked for by these companies. sion,) statements taken from the memorial of the railroad coll}panies, (see memo­ A. carefm and correct reading of all that I have said will show that I was not in rial herewith,) are quoted to show that the property was overvalued. 1870, nor in 1876, in favor, a~ a measure of justice and equity, of any plan for re­ On page 3 of the report. and pa~es 2 and 3 of ihe memorial, the testimony of lieving any of the companies from full payment for the-property purchased ; no-r Colonels Crilly and Hamill, and statements of Messrs. F?-nk and. McQueen are in favor of refunding to them moneys received in payment of debts voluntarily quoted to show that the property was appraised at much higher priCes than could contracted in the purchase of the prolJerty. have been obtained at auction, and sales of locomotive-engines in the Military Di­ The G1>vernment bas received no more from these companies than its dues, and vision of Tennessee, and of locomotive-engines and other property to-railroad com­ I knflw of no more reason for now giving a portion of the money back to them than panies in Vir!tinia and North Carolina are quoted to show overvaluation. there would be for giving back to purchasers a portion of the money received from It will be otlserved that the testimony of Colonels Crilly and Hamill and state­ sales of other property, such as condemned ordnance, horses, vessels, &c., er for ments of :Messrs. Fink and McQueen have special r eference to sales at public auc­ asking persons from whom hay, oats, corn, subsistence, clothing, and other stores tiol}, where it is well known that property rarely brings anything like its' real value. were purchased during the war, to refund a portion of the purchase money, because These statements do not touch the real question before us, the actual value of the the articles were bought during a tinle of high prices, war prices. property at the time the appraisal was made. The railroad companies in their memorial, and the honorable committees in their The property sold at auction, which, Colonel Crilly says. sold at about 'me-half reports, say that of the totaliDifOunt of the purchases, $7 556,033.95, $5,139,907.30 the valuation inade by the appraisers, was the refuse of all that large quantit.v of have been readinsted or adjusted under the various acts of Con peas, and that they property from which the railroae. companies made their selections, and which they can conceive of no reason for refusing to readjust the remaining amount. This i8 did not want, because they bad been a lready liberally supplied. Itis not. therefore, not quite correct. Of the amount of the purchases, only $3.425,814.99 have been surprising that it did not bring one-half the appraised price. Colonel Crilly ad­ comp-romised or readjusted under the acts of Congress, and no other compromisSiil mits, however, that there was an immense quantity of new hardware which sold or readjustments have been made ; so that the amount Congress is now asked to verv well. Might not the other property have sold equally well if the railroad act upon is more than one-half the whole amount of the pnrcnaaes, or 55 per cent. com"panies bad not been permitted to take it on credit 'I There was great strife and instead of 32 per cent. thereof. contention among railroad companies to get it, and it was reported to this office I have noticed these matters somewhat at len~, in order that the facts may be that capitalists were associating to purchase it. properly presented, and to correct erroneous inferences and conclusions drawn The statements as to what the propertv would have brought had it been sold at therefrom. auction for cash are only conjectures. No one can ever know what it would have I was not in favor of selling this railway material on credit. brought bad it been so sold. Sales of similar property in Virginia and North Caro­ My recommendation-to the Secretary of War was that it" be sold at public auction lina at auction for cash do not sustain these conjectures. Twenty-one locomotive­ ~ the ~jthest bidder.. " O~er counsels, however, prevailed, and the result wp1 be, engines were sold in Virginia at prices varying from 12,000 to $17,000; average, if the bill under consideration becomes a law, that tb:e G1>vernment will not m the $14 ,362. Three engines were sold to the North Carolina Railroad Company for end realize as much by the transaction a;s, in my opinion, it would have realized if $14,000, $15,000, and $15,000 respectively; two were sold to the Wilmington and the pt;Operty bad been sold at au-ction to the highest bidder for cash. Weldon Railroad Company at auction on credit for 13,500 and $15,000 respectively, Sales at auction were made in the Atlantic States, and no disputes or difficulties and two weresolcl to the Atlantic and North Carolina Railroad Uompany for$14.000 have arisen in settlement. Local interests prevailed in the Southwest against the and $15,000 respectively; four hundred and ninety-seven box cars were sold at auc­ opinion of the Quartermaster's Department, and sales were maJ.e, not at public tion for cash. in Virginia, at prices varying from 500 to $750; one hundred and auction but on credit, and these disputes and controversies have atisen therefrom. sixty-eight platform cars were sold at prices varying from $400 to $660, and seven­ It is proper that I should, however, repeat what I have said elsewhere on this sub­ teen hundred and twelve tons of railroad iron were sold at prices varying from ject, viz : That it was, as it is now; my opinion that it was in 1865 to the intereRt $77.50 to SOper ton. of the United States to dispose of this property speedily, to retire from the control The engines sold to railroad companies in Tennessee at appraised prices were and possession of the railroads under militl!ory contl;"ol at the close of the war and valued at from $7,500 to· $17,500, with three exceptions: two exceptionally large very costly to the Treasury; and that had there been authority in any execntiv9 en~ e s were appraised at 18,000 each and one at $19,000. Box cars were appraised officer to divide, free of charge, among the southern railroads all the railroad ma­ at prices varying from 700 to $850; platform cars at prices varying from $600 to terial left on band at the close of the war, it would ·have been good policy to do so, $650, and raiYroad iron was sold at $80 per ton, thus showin~ that the G1>vernment My reasons for this opinion are, first, that such aid to the t;llilroad.S would tend to received nearly as favorable prices for property sol_d at auction to the bight:st bicl­ revive the business and prosperity of a region which had grMtly suffered and been der for cash, after due advertisement, as were recetved for property apprrused by exhausted by military operations; and, second, that the cost of operating the south­ United States authorities and sold to railroad companies on credit. ern railroads was t.oo g~eat to be continued as a ~barge upon the TI:easnry of the The one hundred and fifty-four locomotives alleged to have been appraised at only United States. ~heir control was justified as a. military mea.~ure; but as regards about 18 per cent. less than their original cost, cost the United States $'1,464,632.40, money it was all expenditure. They were not operated for revenue, for profit, and not including transportation to Nashville, while they were sold for $2,412,600, or 30 the revenue was insignificant in comparison with the expenses of operation and per cent. less than their original cost, excluding tranRportation. The :property control. I therefore hoped at the time that Congress would mak.ea free gift to the solcl to the railroad companies named, including the engines and cars sold m North southern railroads of all their obligations and debts for purchase of railroad mate­ Carolina, was bid off at auction, or sold at prices based on auction sales. The.fact-, rial at close of the war. But this I considered a gift, not a refunding of money therefore, that the Government realized more from these auction sales than the unjustly claimed and paid. The !!jOVernment treated these roads with all the lib­ property ori~lly cost, should not be taken as evidence that property appraised erality and good will which its obligation of executing the laws allowed. Indeed I by United States authorities was overvalued, or that the G1>vernment forced a thought that the Executive went to the verge of his legaJ. power when he ordered hard bargain upon the companies that purchased it. the sales on credit. Reference is made in the report to the conclusions of the board convened by the The provision to increase in military settlements the payments made for military, Secretary of War to carry into effect the act of February 27, 1875: "That the val­ transportation before March I, 1867, by 50 per cent., does not seem to be just. These uation of the property was intended, and was considered at the time by those who railroads were paid at the same rates as northern railroads, and as southern rail­ made it to be a fair valuation, yet if measured by the value of the property, had roads that did not pnrchase/roperty ; and it does not seem right to give these it been sold for cash at the time, the board is brought to the conclusion, and reports roads, because they purchase property, 50 per cent. more for military transporta­ as its opinion, that there was an overvaluation of fnlly 25 per cent. in the appraised tion than was paid to railroads that did n~~"\d~chase property. prices." The case of the Goorgia Railroad and B · g Company (No. 5; of the preceding The conclusions of the board, it will be seen, are not that the property was over­ table) illustrates the effect of this prorision. vnlnQd as compared with the actual v~t-lue of the property, the market value of it That railroad company bought property valned at 811,935.05, and paid for it by at. the time, for on such a comparison it states" that the valuatWn was a fair and. militar,- transportation. Fifty per cent. of this snmJ..~ · 967 .52, added to 25 per cent. just one." The whole force of the conclusions of the board is that, in their opinion, deduction from original valuation, $2,983.76, makes ~ . 951.28; so that there will be the property would not have sold for cash to exceed 75 per cent. of its appraised 75 per cent. of the purchase given to thi.s railroad company in this system of set­ value. tlement, and the sum of $8.951.28 will be refunded to this. company on account of The board said: "The character of these men "-referring to the men who aP.­ a purchase by it of $11,935.05. praised the property-" their knowledge, some of them at least, of the value of rail­ I am, very respectfully, your obedient servant, , road material and rolling-stock, compels the board to believe their duties were care­ M. C. MEIGS, fully and conscientiously performed, and that the valuation was a fair and just one on QuaTtermaster-General, Brevet Major-General United Statu Army. the basis of war prices." To the Honorable the SECRETARY OF W A.R. On the basis of war prices. What were the war prices f Nothing more or less than the prices prevailing at the tim&-the market prices. On what other basis Mr. SARGENT. I ask the Senator from Vermont to yield foramo- should the appraisal have been made 1 The prices before the war, or the prices that the board might have conjectured would prevail in 1866, 1868, 1870, or in 18789 ! tion to proceed to the consideration of executive business. Prices in the years named are no criterion for values in 1865. We paid for iron ltfr. SPENCER. I hope not. rails in 1864, $130 per ton, and sold them in 1865 for $80 per ton. The present price Mr. ED~fiJNDS. I yield for that purpose. of steel rails is 40 to 41 per ton. Mr. SARGENT. This is Saturday; we have had a ha.rd week's Again, the board said: "The president of the Memphis and Little Rock Railroad Companv admitted the valuation of the property sold to that company to be a fair work, sometimes working along into the night. For these reasons, ] valuation." "That the companies themselves did not at the time consider that an move that the Senate proceed to the consideration of executive busi­ overvaluation had been made * * * may we think be assumed by the eager­ ness. ness with which they all sought the property, and by the fact that an overvalua­ Mr. GORDON. Before we vote on the motion I should like to know tion was never officially alleged by any company until years after the purchase." The board then refers to the evidence obtained showing that the prices of loco­ what disposition that motion would make, if agreed to, of the bill motive-engines and cars at and subsequent to the time the appraisal was made were before the Senate. higher than the prices fixed by the board, and concludes that if the property had The PRESIDING OFFICER. It would take its place on the Cal­ been sold for ca.sh it would not ho.ve brought as much by 25 per cent. as 1t was ap-. endar. The unfinished business was laid aside without prejudice. prai ed, and this conclusion of the board has been and is again urged in support of t.he allegation of overvaluation. Mr. GORDON. This bill would not remain, then, the unfinished A comparison with forced sales at auction for cash is not the proper way to as­ business7 cert.ain the real value of property; and opinions of llersons as to what the prop­ The PRESIDING OFFICER. It would not. The un.finished busi­ erty might have brought, bad it been sold for cash, lS not proof that it; was over­ ness was laid aside informally, without prejndice. valued. No attempt has ever been made by any one of the purchasing companies, by Mr. GORDON. Then I hope the Senate will not go into executive comparing the prices put upon the property by the appraisers with the market session. price, or by a re-examination of the property purchased, by competent and disinter­ The PRESIDING OFFICER. The question is on the motion of. the ested P.ersons. to show that it was overvalued. Until this shall have been done, the mere allegation of interested parties, loosely Senator from California that the Senate proceed to the consideration and carelessly made, caDDot be accepted to set aside testimony given by persons of executive business. under oath, or in their official capacity ; such allegations cannot outweigh the ac· The motion was not agreed to, there being on a division-ayes 17,. tion of men of the highest character, men fully qnal.ifl.ed by e~rience of many noes22; 1879. CONGRESSIONAL RECORD-SENATE. 1129

Mr. EDMUNDS. Mr. President, I should like to have read next, Chattanooga and Nashville is e~cepted. It will be sold only for eash, at the prices fixed by the War Department. in Grder that the Senate may see. the history and bearings of this By order of the President. EDWIN M. STANTON, million and a half or two million dollars that is to be taken ont of Secretary r;J WM. the Treasury, on no just account, as I believe, the executive orders ~ior-General GEORGE H. THOMAS, . tk which turned over these. railroads on the 28th of September, 18651 OQ'ITIITnanding Military Di1Ji8Wn of Tennessee, Nasli'UiUe, Tennessea. and the 23d of October, 1865. I should like to have those read next in the history of this thing, beginning at the beginning. "BOND. The PRESIDING OFFICER. The plipers will be read. "Know all men by these presents, that the --Railro3d Company, duly incor- The Secretary read as follows : porated by the act of the-- of the State of --by--, if.s president, aet. , mg for and on behalf of said railroad company, do hereby acknowled~& itself and LGeneral Orders No. 56.) its successors held and firmly bound unto the United States of America in the full QuARTERMABTER-GID."ERAL's OFFICE, l and just sum of --dollars, lawful money of the United Stat.ea; for which pa.y- . Washington, D. 0., 'Sq~teinbe:r 28i 1865. 1 ment, well and truly to be made to the disbursing quartermaster of Up.ited States The folloWi.Bg order, by the President of the United States, in relatii.ori .to tbe military railroads at his office in Nashville, or to snch other disbtirsing quarter­ relinqnishment of the Government's control over all railroads in' the Stat& of Ten­ ' masters as may be designated by the War Department within two years from the nessee, and: t,heir conti.n;uati.ons in adjoining States, now occupied· by tlie United date of these presents, the said railroad company, by its president, hereby binds it;. States inilitary authorities, and no longer needed for military purposes, is pub~ self and its successors firmly by these presents. liahed for the information of all officers and agents of the Quartermaster's Depart­ "Sealed with its corporate seal, attested by the signatUre of its{resident, and ment. affixed by the e~press authority of its directors, this-- day 0 --,in the M. C. MEIGS, year of our Lord one thousand eight hundred and sixty --, (186-.> Brt:Det Maj01'-GeneraJ, U. S. A.., Qua;rtermaster-Gener?JJ. "The .nature of the above obligation is such that whereas the above-bounden railroad company has purchased and received, or shall receive, from the War De­ partment of the United States, rolling-stock, iron rails, cross-ties~ chairs, spikes, W AB DEPARTMENT, timber, and other materials for repairing and operating its railroaa, in quantities, Washington, August 8, 1865. at prices, and to an amount and value which shall be evidenced by the receipts GENERAL: It having been determined by the Government to relinquish control given for the same by the said railroad company to the pl,'oper effi.cer of the said over all railroads in the State of Tennessee, and their continuations in adjoining War Department upon a credit of two years from the date of these presents, pay­ States, that h:ave been in charge of, and are now occupied by, the United States able in equal monthly installments, with interest at the rate of seven and three· military authoriM.es, and no longer needed for military purposes, yon are hereby tenths per cent. per annum, within the said two years, either in eash to the disburs­ authorized and directed to turn over the same to the respective o~ers thereof at ing quartermaster of the United States military railroads at his office in Nash­ as e(lol'ly a date as practicable, causing, in all cases of transfer a.s aforesaid, the fol­ ville, or to such other disbursing ~,tna.rtermaster as may be designated for this pur­ lowing regnla.tions to be observed and carried out: po~e by the W.:ar Department, or m transportation of the troops or ;rnili~ sup­ 1. Each and every company will be required to reorganize and elect a board of' plies of the United States, under the orders of the proper military authorities, at , directors, whose loyalty shaJI be established to your satisfaction. the rates of fare and tolls allowed for such service to northern railroads ; and· 2. You will cause to oe made out in triplicate, by such person or persons as you " Whereas the said railroad company desires and by tl).ese presents intends to may indicate, a complete,inventory of the rolling-stock, tools, and other materials secure to the United States the complete and punctual payment as aforesaid of the and property ou eaefi road. amounts which may be due for the said materials received or to be received by it 3. Separate inventories will be, in the same manner~ made of the rolling-stock from the United States: and other pfOperty originally belonging to each of saia roads, and that furnished "Now, therefore, if the said rnilro:l.d company shall well and truly pay as afore­ by and belonging to the Govern,m.ent. said, either in cas~, in equal m()nthly installments, or iB. transportatton as afore­ 4. Each com-pany will be required to give bonds satisfactory to the Government said,·t{) the United States, within two years from the date of these presents, lill that they will, m twelve months from the date of transfer as aforesaid, or such other that shall be due as aforesaid to the United States on account and in payment fou reasonable time as may be agreed upon, pay a fair valuation for the Government all the materials received as aforesaid from the United States, then this obligation property turned over to said companies, the same being first appraised by compe­ shall be void and·of no effect. tent ann disinterested parties at a fair valuation; the United States reserving all "But if the said railroad company shall fail to pay to the UBited States all or Government dues for carrying mails, and other service performed by each com­ any portion of what may be due to the Uni1ed States on account of the said mate­ pany, untij said obligations are paid; and if, at the maturity of said debt, the rials received from the United States within two yeacs from the date of these pres­ amount of Government dues, retained as aforesaid, does not liquidate the same, the ents, either in casli as aforesaid, or in transportation as aforesaid, or shall fail to balance is to be paid by the company in money. pay any of the monthly installments aforesaJ.d punctually when due, then thitt obli­ 11. Tabular statements will be made of all expenditures by the Government for gation shall remain in full force and effect to the extent that may be necessary to repairing each road, with a full statement of receipts from private freights, pas­ fully repay to the United States for the full amount which may be due on account sage, and other sources ; also a full statement of all transportation performed on of the said materials so received as aforesaid, and all loss or damage which m~ Government account, giving the number of persons transporwd, and amount of ha.ve been incurred by the United States by reason of the said railroad company s freight, and the distance carried in each case-all of said reports or tabular state­ failure to pay for the samewhatshaJl be due therefor when the same shall be due; ments to be made in triplicate, one ea{lh for the Secretary of War, the military and, as a further security for such payment and indemnity to the United States, headquarters of the department, and the railroad company. the United States shall have a lien upon the property sold to said company, and in i . .All railroads in Tennessee will be required to pay all arrearages of interest default of such complete and punctual payment of all moneys which may be due due on the bonds issued by that State, prior to the date of its pretended secession on account of the aforesaid purchase of materials, be fully authorized to take pos­ from the Union, to aid in the construction of said roads, before any dividends are session of and sell said property, and also to place in charge and control of the said declared or paid to the stockholders thereof. company's railroad an agent of the said United States, who shall be fully empow­ 7. Buildings erected for Government purposes on the line of railroads, and not ered, and by these presents is fully empowered, in case of such default as aforesaid, valuable or useful for the business of said companies, should not form a legitimate to collect all the revenues of said company, and apply the same to the payment to eharge agilin.st such companies, nor should t.hey be charged for rebnildin'g houses, the United States of all the moneys which shall be due at the time of such appli­ bridges, or other si;rg,ctures which were destroyed by the Federal Army. cation of such revenues to the United States for any such materials which shall 8. You are authorized to give any orders to quartermasters within your division have been delivered by the United States to the said railroad company, or by rea­ which yon may deem necessary to carry into execution this order. son of any loss or injury to the United States re ulting from such default ·in pay­ By order of the President. ment of the same. And' the said company shall have no authority to sell or convey EDWIN M. STANTON, out of its possession, without the consent of the United States nrat in writing ob- . Secretary of War. tained, any of the property referred to in this a~ement; but shall kold and retain lllajor-General GEORGE H. THOMAS, , the same to the exclusive nso of said companym carrying on the business pf trans­ Oommanding M'uitary Di'llision of Tennessee, Nashtrille, Tennessee; portation of persons and property over ita line of road until the whole is fully paid for as aforesaid. . •' In witness whereof, the corporate seal of said railroad company is affixed hereto, [General Orders No. 62.) by authority of its directors, and attested by its president. .. __ --. QUARTERMASTER-GENERAL's OFFICE, Washington, D. 0., Octobe:r 23, 1865. The following order by the President of the United States, in relation to execu­ "w~~-ess_: --." tive order j)f 8tli August, 1865, extending the provisions and benefits of the same to Mr.EDMUNDS. Mr.President,aftertheseo;rdersweremade,whieh, all railroads within the limits of the Milita.n' Division of the Tennessee desiring to purchase railroad rolling-stock and material from the United Stat-es for the purpose as the Senate will perceive, as· it has undoubtedly paid strict atten­ of repairing the losses of the war, is published for the information of all officers tion to them, provided for this property being sold to these compa­ and agents of the Qnartermaste:r's Department. nies if they wanted it, sometimes on the valuation of a board of. ap­ M. C. MEIGS, praisers, sometimes as it turned out from the fact afterward,, by Brevet .Major-General,, U.S. A.., Qun to their dis­ GIDmR.AL: The provisions and benefits of the executive order of the Stp. of Au· tressed pecuniary circnnistances that part of the order was waived, ~t are hereby extended to all railroads within the limits of your comiD.lJ.nd desix:· 'ng to purchase railroad rolling-stock and materials from the United States for so that the United States sold this ptoperty at whatever price was he purposes of repairing the losses of the war. agreed upon in these various ways for not the very best kind of se­ Yon are also authorized to direct the sale to any such railroads of rolling-stock curity. It undertook to retain a lien upon the rolling-stock and ma­ tow within the limits of your command and not needed by the United States for actual use, upon thelollowing conditions, if they are preferred to the terms of the terial~ &c., as a part of security for its pay, but anybody who knows order of the 8th of ugnat, and the individual security required by yon under anything about railroad rolling-stock liens would be very easily con­ that order: vinced that that sort of security would very rapidly dimhlish. You will take care that this property is distributed among the several roads in The next step in the performance under these various and different proportion to their actual needs; and that none is sold to any railroad in excess of the reasonable requirements of ita business, or to be used for purpdses of specula­ methods of sale had been resorted to, so that the case of any one rail­ tion, sale, or hire, to other roads, road was no type or example for another at all. The compl:mies went You will require from all such railroad companies satisfactory bonds, in the form on and presently they began to press for relief. They had got the herewith inclosed, binding them tO the payment to the United States of the full property, but they did not want to pay. '!'hey set up a variety of appraised value of the property sold to them, in equal monthl.y- installments, wit~ interest at the rate of seven and three-tenths per cent. per annum, within two years, claims about it, which were specially referred to and· reportPA. upon eredit being allowed to them on the first of each month for any service of military in the House of Representatives, Fortieth Congress, second session, transportation rendered by them during the preceding montli, at the established report No. 15, by Mr. McClurg, of Missouri, from a. select committee rates now allowed to northern :railroads for snob service. on southern railroadB . .. The ffouse had previously ordered an inquiry Full reports of all sales under this order will be made to the War Department from time to time, as reqttired by existin~ orders. . into the subject of these southern railroads, of which there were fifty The serviceable railroad iron iri possesmon of the Quartermasters' Department at or more. A committee at a previous session had taken a large mass 1130 CONGRESSIONAL RECORD-SENATE. FEBRUARY 8, of testimony and documents and tables, which are embodied in a book General Thomas wa-s not enly a great general and a just man, but that I have ·here but which of course is altogether too long to ask the it turns out that he was a prophet. Senate to hear read or even to read extracts from to-night. But the Attention is also invited- committee had not time to go through the investigation and accord­ Say the House committee- ingly only reported the testimony. Then as I say at the Fortieth to the accompanying letter of Acting Quartermaster-General D. H. Rucker, as fol­ Congress a new select committee was appointed with instructions to lows- inquire into the whole subject. They did, and made a report here which is not very long, but which I will not weary the patience of Mr. SARGENT. I notice that my friend is somewhat weary, and the Senate to-mght with having read. I will only read myself a few if he will give way, I will move that the Senate proceed to the con­ extracts toward the end of the committee's report, from the report of sideration of executive business. Assistant Quartermaster Hamill and reports from General George H. Mr. SPENCER. I hope not. Thomas and Quarterma-ster-General Rucker, and others. The report Mr. SARGENT. I believe the motion is not debatable. of Mr. Hamill is as to the East Tennessee and Virginia Railroad. He Mr. EDMUNDS. Let us have the yeas and nays, Mr. ?resident. The yeas and nays were ordered. says: Mr. McMILLAN. It is very evident that we cannot get through The East Tennessee and Virginia Railroad was captured by the United States forces under Burnside, in September, 1863. It is claimed by Mr. Branner, in be­ with this case to-night. half of the company, that they held their rolling-stock on the line of their road Mr. EDMUNDS. The motion is not debatable. for General Burnside's use. The truth is that out of eighteen or nineteen engines The PRESIDING OFFICER. The Secretary will call the roll on all but three were taken inside the rebel lines, and two of these were on their way when captured, the other being comparatively worthless. the motion that the Senate proceed to the consideration of executive Out of about ninety cars, ft ve fiat and two box cars only were left, the latter not business. being on trucks . The question being taken by yeas and nays, resulted-yeas 24, nays .All the stock was removed within the rebel lines, voluntarily, by the manage­ Z7; as follows: ment of the road, sev.eral days after the evacuation of Knoxville by the rebels. YE..A.S-24. Mr. Branner and the management of the East Tennessee and Virginia Railroad were not only disloyal, but enthusiastically so, during the time the rebellion was Allison, Eaton, :McDonald, Sargent, i.Jritiated and was in the ascendant in Tennessee, even after the line of their road Anthony, Edmunds, McMillan, Shields, was captured by the Union forces. Barnum, mn, Mitchell, Teller, Cameron of Wis., Hoar, Morrill, Thurman, Then he goes on: Conover, Howe, Patterson, Voorhees, Any manifestation of affection for the Union cause while in our lines must be Davis of illinois, Ingalls, Rollins, Windom. considered as merely pocket-book loyalty, and attributed to the same graspin~ N.A.YS-27. s:Pirit that actuated others who f6teii our officers and ~ave unmista.kabfe (7) eVI­ dence of their patriotism, while they were investing therr means and using the in­ Bailey, Co~ Jones of Florida, Merrimon, formation they obtained within our lines to fill their coffers by blockade running. Beck, Co · g, Kellogg, Randolph, Since the close of the war, there being no further pecuniary incentive to trea­ Blaine, Eustis, Kernan, Ransom, sonable action, they have been patriot.a indeed, and boast how they risked life and Burnside, Garland, LIUDar, Saunders, property in the canseof their country. Butler, ~rdon, McCreery, Spencer, Not content with the restoration of their property and the munificence of. the Cameron of Pa., Harris Matthews, Withers. Government in extending to them pecuniary aid, they have played the same game Cockrell, Hereford, Maxey, in peace that was so profitable in war, and have used the very leniency of the Gov­ ernment to defeat its just claims. .A.BSENT-25. The East Tennessee and Virginia Railroad Company are abundantly able to pay, Bayard, Dennis, Kirkwood, Shnron, under the extended terms panted them, and could have commenced payments Booth, Dorsey, McPherson, Wallace, long since without interfenng with the practical operation of the road, had they Bruce, Ferry, Morgan, Wadleigh, been required to do so, instead of appropriating their earnings to the payment of Chaffee, Grover, Oglesby, Whyte. other claims, or instead of refusing to avail themselves of the aid they received Christiancy, Hamlin Paddock, from the State. .A. large amount of the bonds indorsed by the State ln.stead of Davis of W.Va.., Johnsto'n, Plumb, beinp; used for the benent of the road, are, I am reliably informed, held as capital Dawes, Jones of Nevada, Saulsbury, in a bank owned by certain of the management. Mr. Branner (president of the road) at first declined to confer with me regard­ So the motion was not agreed to. ing the indebtedness, saying that he could do better by going to the authorities at :Mr. McMILLAN. I move that the Senate adjourn. Washington; that he had oeen informed by persons connected with the War De­ 1\Ir. GARLAND. Will the Senator withdraw his motion for a mo- partment that the matter would be permitted to rest if I "was not continually stin-ing it up." When I insisted upon his making all communications through my mentf office, and ciill.ed his attention to the positive order of the major-general commHd· Mr. :McMILLAN. For what purpose f ing, he became excited, and replied that he did not care for General Thomas or Mr. GARLAND. Merely to enal.9Je me to give a notice. the military ; that the President was a friend of his, and he did not intend to be Mr. McMILLAN. Very well. scared into any arrangement. I assured him that, while I had ne intention of at­ tempting to scare him or any one else, I should enforce some arrangement for pay­ Mr. GARLAND. I give notice that on Friday next, after the ex­ ment, ifl: could not secure one amicably. He replied that he should like to see me piration of the morning hour, I shall move to take up the bill (S. No. doing so-civil law was now supreme, and I should find myself incarcerat.edin the 910) for the relief of the book agents of the Methodist Episcopal county jail if I attempted to place a receiver upon his road. Church South. The committee of the House of Representatives proceed: Mr. McMILLAN. I renew my motion to adjourn. These extracts from the very able report of Assistant Quartermaster Hruni1i The PRESIDING OFFICER. The question is on the motion of the are sufficient for the purposes of this report; but the committee recommend it as Senator from Minnesota. that the Senate adjourn. most deserving of consideration. The committee invite attention to the letter of Major-General George H. Thomas, The question being put, there were 6n a division-ayes 25, noes 24. accompanying that report, as follows : Mr. MAXEY. I ask for the yeas and nays. "JlE.ADQU.AB'PERB DEPARTMENT OF THE CUMBERLM.'D, The yeas and nays were ordered ; and the Secretary proceeded to, "Louisville, Kentucky, NovemlJer :!3, 1867. and called the roll. · "Respectfully forwarded to the Adjutant-General of the Army. Mr. ALLISON. Before the result is announced I should like to "The attention of the honorable Secretary of War ad interim is respectfully in· inquire what will be the unfinished business on Monday 7 vited to this report as giving a complete statement of the indebtedness of the The PRESIDING OFFICER. The bill fixing the site of the li­ southern railroads to the United States at this time, and of the eflvrts of some of these corporations to evade or defer payments." brary building. Mr. EDMUNDS. Regular order. It will be seen, Mr. President, from this that it was not all these corporations that were endeavoring to play this gn.me, for a large The result was announced-yeas 33, nays 22 ; as follows: number of them met their engagements manfully and fairly as fast YE~. as they could, without any complaint, never susp._ cted that they had .Allison, Dawes, McDonald, Saunders, been wronged but exactly the reverse, until tl e opportunity now Anthony, Eaton, McMillan, Shields, Barnum, Edmunds, Mitchell, Teller, arises to take out of the Treasury of the United States the money of Bayard, Ferry, Morrill, ·Thurman, the tax-payers a-s a refund of a claim that they never suspected them­ Blaine, Hill, Oglesby, Voorhees, selves to have when they bought the property at a price they agreed Cameron of Wis., Hoar, Patterson, Windom. to pay and pay for it as they did agree to do; so that this condemna­ Conkling, Howe, Plumb, Conover, Ingalls, Rollins tion of Assistant Quartermaster Hamill and of the milit.ary authori­ Davis of ill., Kernan, Sargen~ ties on examination should not be taken at that time to apply to those roads that had no complaints to make and did pay their debts. Then N.A.YS-22. Bailey, Davis of W. Va., Jones of Florida, Randolph, the report of General Thomas proceeds: Beck, Eustis, Kellogg, Ransom, As, under recent instructions from the War D~artment, the charge of the col­ Burnside, Gar:land, McCreery, Spencer, lection of these debts is to be transferred to the Quartermaster-General at Wash­ Butler, Gordon, Matthews, Withers. ington, relieving me from further responsibility, I ean only recemmend that the Cameron of Pa., Harris Maxey, Government hold these railroads to their contracts ; that they be compellefl to Coke, Herefo~d, Merrim.on, liquidate their indebtedness upon the terms now granted without consideration or recognition in the least degree of any claims for O.amages or use by occupation of .A.BSENT-2L the United States, snch· claims being believed to be without foundation in justice Booth, Dorsey, Lamar, Wadlei~h, or rigl;lt. Bruce. Grover, McPherson, Wallaee, A persistent and combined effort on the part of these corporations to compel the Chaffee, Hamlin, Morgan, Whyte. recognition of these claims bas as persistently been ignored and repudiated by me Christiancy, Johnston, Ea.ddock, until the efforts, from want of success, havegraduallyoeen relaxed. It is believed Cockrell, Jones of Nevada, Saulsbury, that now, under the prospective change of affairs, these claims will again be urged Dennis, Kirkwood, Sharon, and pressed for recognition. Hence this earnest recommendation. · GEORGE H. THOMAS, So the motion was agreed to; and (at four e'clGck and thirty min· Major-General United Statu Army, Commanding. utes p.m.) the Senate adjourned. 1879. CONGRESSIONAL RECORD-HOUSE. 1131

HOUSE OF REPRESENTATIVES. Honse bad divided and no quorum had voted and the question hav­ ing been raised by the gentleman from North Carolina, adjournment SATURDAY, February 8 1879. took place. The question recurs, therefore, on the motion that the bill, 1 as amended, be laid on the table, on which the yeas ana nays have The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. been ordered. W. P. HARRISON, D. D. The question was taken ; and it was decided in the affirmative­ The Journal of yesterday wa-s read and approved. yeas 129, nays 105.., not voting 55; as follows: CORRECTION. YEAS-129. Mr. CRAPO. I desire to have made a correction of the Journal. Acklen, Dean, Keightley, Ross, Aldrich, Deering, Ketcham, Sampson, On the 7th day of February, 1878, I presented to the Hense the peti­ Bacon, Denison, Killinger, Sapp, tion of the town of Barnstable, Massachusetts, asking for the estab­ Bagley, Dickey, Landers, Sexton, lishment of free trade instead of tariffs, and that taxation be based Bailey, Dunnell, Lapham, Shallenberger, on hoarded possessiens. By ~orne inadvertence this paper was entered Baker, John H. Dwight, Lathrop, Sinnick.son, Banks, Eames, Lindsey, Smalls, as the petition of Nathaniel Hinckley, a prominent citizen of that .Bayne, Eickhoff, Loring, Smith, A .. Herr town instea-d of the petition of the town of Barnstable. My atten­ Beebe, Ellsworth, Maish. Southard, tion bas been callea to the error, and I ask that the correction be Benedict, Evans, James L. Mayham, Starin, made that the Journal may conform with the fact. Bisbee, Ewing, McGowan, Stewart, Blair, Foster, McKinley, Stone, John W. The SPEAKER. The correction will be made. Bliss Gardner, Metcalfe, Stone, Joseph C. Bouck, Garfield, Mitchell, Strait, QUALIFICATION OF A MEMBER. Brewer, Hale, Monroe, Thompson, Mr. HARRIS, ofVirginia,presentedthecredentialsof Ron. Richard Briggs, Hardenbergh, Morgan, Tipton, L. T. Beale, Representative-elect from the :first congressional district Browne, Harmer, Morse, Townsend, Amos Bundy, Hart, Muller, Townsend, M. L of Virginia, to fill the vacancy occasioned by the death of Ron. Burdick, Hayes, Neal, Van Vorhes, Beverly B. Douglas. Calkins Hazelton, Norcross, Veeder, The credentials are as follows : Camp, ' Hendee, Oliver, w •t, Campbell, Hewitt, Abram S. O'Neill, w:d, Oorilnnonwealth of Virginia: Cannon, Hubbell, Overton, Warner, This is to certify that at a meeting of the board of State canvassers, held at the Caswell, Hunter, Page, Watson, office of the secretary of the Commonwealth on the 3d day of February, 1879, on an Clark, Rush Humphrey, Peddie, White, Harry examination of the official abstracts of votes on file in that office, it was ascertained Cole, Hungerford, Pollard, White, Michael D. and determined that at a. special election of a Representative in the Congress of the Conger, Ittner, Pound, Williams, C. G. United States, held pursuant to law on the 23d day of January, 1879, to fill the Covert, James, Powers, Williams, James vacancy occasioned by the death of Beverly B. Douglas, R. L. T. Beale was dnly Cox, Jacob D. Jones, Frank Price, :;llllia~s, Richard elected a Representative of this State in the Congress of the United States for the Crapo, Jones, John S. Rainey, first congressional district. Cummings, Jorgensen, Rice, William W. Given under my hand and seal of office at Richmond, this 4th day of February, Danford, Joyce, Robbins, 1879. Davis, Horace Keifer, Robinson, M.S. JAS. McDONALD, Secretary of the OO'I'MTIAmweaUh. NAYS-105. Aiken, Davidson, Hooker, Scales, Mr. BEALE came forward to the Clerk's desk, and was duly quali­ Atkins, Davis, Joseph J. House, Sin~Tleton, fied by taking the modified oath prescribed in section 1757, Revised Banning, Dibrell, Jones, JamesT. Smith, William E. ~tatutes. Beale, Durham, Kelley, Sparks, Bell, Eden, Kenna, Steele, TENTH CENSUS. Bicknell, Elam, Knapp, Stephens, Mr. MULDROW. I call for the regular erder, the unfinished busi­ Boone, Ellis, Ligon, Thieckmorton, Boyd, Errett, Luttrell, Townshend, R. W. ness coming over from last night. Bndges, Felton, :Manning, Tucker, Mr. COX, of New York. I ask unanimous consent that the bill (S. Bright, Fort, Marsh, Turner, No. 1685) to provide for takillgthe tenth and subsequent censuses be Brogden, Franklin, Martin, Turney, taken from the Speaker's table, referred to the Committee on the Burchard, Fnller, McKem~ie, Vance, Butler, Garth, McMahon, Waddell, . Census, and ordered to be printed. Cabell, Giddings, Mills Whitthorne, The SPEAKER. Does the gentleman from Mississippi [Mr. MUL­ Caldwell, John W. Glover, Mone'y, Wigpnton, DROW] yield for this purpGse t Caldwell, W. P. Goode, Morrison, William~~ Jere N. Mr. MULDROW. If there is no objection on the part of the House, Candler, Gunter, Muldrow, Willis, Albert S. Chalmers, Hamilton, Patterson, G. W. Wilson, I yield. Clarke of Kentucky, Hanna, Patterson, T. M. Wood, The SPEAKER. If there be no objection the bill referred to by Clark of Missouri, Harris, HenryR. Phel:~,>s. Wren, the gentleman from New York [Mr. Cox] will be taken from the Cobb, Harris, John T. l'hillips, Wright, Speaker's table, referred to the Committee on the Census, and or­ Collins, _Harrison, Randolph, Yeates, Cook, Hartzell, :Rea, Young, Casey dered to be printed. Cox, Samuel S. Hatcher, Reagan, Young, JohnS. :Mr. WILLIAMS, of Oregon. With the understanding that it shall Cravens, Henry, Rice, .Americns V. "he reported back by the time fixed for the consideration of the Honse Crittenden, Herbert, Roberts, bill on the same subject. Cutler, Hewitt, G. W. Ryan, The SPEAKER. As the Chair understands, that is the object. NOT VOTING-55. Mr. COX, ef New York. Undoubtedly. The committee desire to Baker, William H. Cnlberson, Hunton, Robertson, report this bill back by Wednesday next, and we want to have the Ballou, Evans, I. Newton Kimmel, Robinson, G. D. papers printed so that members may understand what they are to Bla<:kburn, Evins, John H. Knott, Sayler, Bland, Finley, Lockwood, SheHey, vote on. Blount, Forney, Lynde, Slemons, Mr. WILLIAMS, of Oregon. With that understanding I make no Bragg, Freeman, Mackey, Springer, objection. Brentano, Frye, Majors, Stenger, Buckner, Gause, .McCook, Swann, There being no objection, the bill (S. No.1685) to provide for tak­ Cain, Gibson, Potter, Thornburgh, ing the tenth and subsequent censuses was taken from the Speaker's Carlisle. Harris, Benj. W. Pridemore, Walker, table, read a :first and second time, referred to the Committee on the Chittenden, Haskell, Pugh, Walsh, Census, and ordered to be printed. Claflin, Henderson, Reed, Williams, Andrew Clark, AlvahA. Henkle, Reill Wi.l.lis, Benj • .A. Mr. SOUTHARD. I rise to make a request to which I think there Riddle, will be no objection. Clymer, Hiscock, Mr. liENDEE. I demaRd the regular order of business. During the roll-call the following announcements were made : Mr. SHELLEY. I am paired with Mr. PUGH. EULOGIES ON THE LATE HON. JULIAN H.ARTRIDGE. Mr. HERBERT. My colleague, :Mr. FORNEY, is absent in New York Mr. COOK. Tuesday next was set apart for the announcement of by order of the Honse. eulogies of the late Julian Hartridge. I ask by unanimous consent Mr. CLYMER. I am paired with my colleague, Mr. EVANS. instead of that day that Thursday next at three o'clock be set apart Mr. HALE. My colleague, Mr. FRYE, is absent by order of the :for the same purpose. House and is paired. If here, he would vote in the affirmative. There was no objection, and it was ordered accordingly. Mr. DENISON. Mr. PRIDEMORE, of Virginia, is paired with Mr. WILLIAMS, of New York. EX~HANGE OF SILVER COIN FOR UNITED STATES NOTES. Mr. NORCROSS. My colleague, Mr. ROBINSON, is paired with Mr. The SPEAKER. The question :first in order is the unfinished busi­ ROBERTSON. ness coming over from last night's session. It is a bill reported from · Mr. LANDERS. Mr. BALLOu is absent by leave of the Honse aBd the Committee on Coinage, Weights, and Measures by the gentleman I am paired with hiin, but aa we agree on this question I vote in the from Mississippi [Mr. MULDROW] entitled a bill (H. R. No. 5429) au­ affirmative. thorizing and requiring the Treasurer of the United States to receive Mr. MAJORS. I am paired with Mr. CULBERSON, of Texas. the ceins of the United States in exchange for United States notes. Mr. RICE, of Massachusetts. My colleague, Mr. CLAFLIN, is paired The pending question is on the motion of the gentleman from North with ;Mr. HENKLE, of Maryland. If present, my colleag~e 'WOuld Carolina [Mr. ROBBINS] to lay the bill as amended on the table. 'fhe vote to lay the bill upon the table. 1132 CONGRESSIONAL RECORD-HOUSED FEBRUARY 8,

Mr. METCALFE. I am paired with my co1league, Mr. BLA.ND, on ~}s~e~ similar estimates by Auditors and Comptrollers of the Treasury, or either all political questions; but not regarding this as a political question', That the Secretary of War shall make such details of officers of the Army as may I shall vote in the affirmative. be necessary, from time to time, to administer the a.ffa.i'rs of the Indian branch of the Mr. HASKELL. I am paited witb: Mr. KNoTT. War Department. . Mr. TIPTON. On all political questions I am paiied with' Mr. That commanding officers of the military geographical departments of the A.nny SPRINGER;· but not regarding this- one; I vote',in the affirmative. in which Indiau tribes are located or living shall be ex ojficio in charge of Indian as affairs in their re&pective departments,, and shall, su~ject to the approval of .the Mr. ELLSWORTH . . I am paired with Mr. LOCKWOOD generally, Secretary of War, make such details of officers of the Army serving in their but I am informed by his colleagues that he agrees with me on this commands, or on the retired list, as may be necessary from time to time to admin· question, and I therefore vote" ay." ister the affairs qf the ·lndian service: Provided, That the officer detailed to take charge of Indian affairs in the War Department shall not be of lower rank tha.n Mr. GUNTER. My colleague, Mr. GAUSEr is confined to his room that of colonel, nor shall! the officers detailed to discharge the duties heretofore by sickness. . performed py agents at any Indian agency be of lower rank than that of fi.rst lieu­ Mr. TUCKER. Mr. HUNTON is absent by order of the House and tenant in t.he regrilar.A.ITlly: And provided further, That the Inspector-General of is paired with Mr. HiscocK. . the Army shall discharge the duties of inspector of Indian affairs, and shall be required to :ma.ie an annual report to Congress of the numbers and condition of the Mr. BLACKBURN. I am paired with Mr. REED. Ind:ianJ tribes:. And such'officers shall not be required to give other bonds than are Mr._HENDERSON. I ani. paired with Mr:· FINLEY. now required of them by law, but shall be held. responsible for any neglect of duty The vote was then announced as above recorded. or maladministration they;eof, and sha.ll be subject, to trial therefor ):>y military So the bill, as a.mended, laid orr the tablK courts-martial, according to the rules and: articles of war. And the provisions of was this section shall be applicable to all officers of the Army charged with duties MESSAGE FROM THE PRESIDENT. under this act so far as. responsibility for neglect of duty and ma1administration thereof is concerned. A message in writing was received from the President of the United That nothing in this section shall be construed to authorize an increase in the States, by Mr. PRUDEN, one of his. secretaries. number, ;rank, pay, or allowances of officers of tho Army.in excess of that now provided by law; and its provisions shall be applicable to officers on the retired NA V AI. INYESTIGATION. list of the Army, who wlieu on such duty shall receive full pay and allowance of Mr. WHITTHORNE. I a.Sk by unanimous consent for leave to the rank in. the regular Army held by them at their retirement, as prescribed by law for officers on the active list. make~ report from the Committee on Nav~ ~airs, touchin'g ques­ That all contra.c~ for supplies or transportation connected with the Indian serv­ tions of inve.stigation submitted by order of the House to that com­ ice shall hereafter be made in the same manner and, as far as practicable, at the mittee, and to move that it be printed and reoommitted and also that same time provided for snpRlies and transportation forthe use of the .A.rmy. the minority be allowed to submit their vie~s for printing and re­ , That the Secretary of War shall be authorized to withhold all special licenses from traders, and, under regulations to be by him prescribe~ provide the times and places. committal, at which all traders complying therewith may present themselves fm: bargains~ Mr. CONGER. I object. ba~, and.' exchange "With the several tribes, a(l(l()rding to the laws of the Unitea Mr. HALE. So do I. States regulating the same, and subject to the same rules and restrictions as are 1 prescriben for traders at military posts of the Army; but he shall not have author­ ARMY APPROPRIATION miL. ity to authorize any person to sell arms or ammunition to any Indian, but shall Mr. HEWITT, of New York. I move that the rules be suspended, prohibit the same. .That-the offices of Commissioner of Indian, .Affairs, inspectors of Indian affairs, · and the House resolve itself into Committee' of the Whole on the state Special comfnissioners of Indian affairs, superintendents of Indian affairs, agent, of the Union for the purpose of resuming tb,e consideration of the and subagent in the Office of Indian Affairs, Board of Indian commissioners, and Army appropriation bill. Pending that motion, I move that all de­ all officials now employed under the Commissioner of Indian Affairs or Secretary bate on the pending amendment and amendments thereto be limited ! of the Interior and connected with the ad ministration of Indian affairs, not inclnd- 1 ing the clarks of the' Indian Bureau, shall be abolished and cease on the 1st day of to ferty minutes. . . Jrily, 1879, on w,hich date the officers of the Army designated shall assume charge Mr. CONGER. I wish to' know if it is in order to move to close of the duties thereof, and thus become charged with all the duties now imposed debate on all amendments that may st.ill be: e:ffered to the pending by law nptdn in charge of certain Indian prisoners who were m the char-ge oi tne .War Department. ~r his arriv~ a nnm ber of these prisoners into the question of the control of the Indians; fonr member.s of the became students m the N(}rmaJand.A.gncultlll'3J.Institute. Subsequently Captain committee voting for the bill which I have offered as an amendment Pmtt was sent to the Indian cotmtry and succeeded in bringin~ to the school a to the pending bill and fonr voting against it. The gentleman from number of other Indian children. He is undoubtedly eminently fitted and qnali· tied for ~e duty referred ro, and ~ $.ould be glad to continue him there, but it North Carolina. makes the point of order, as I understand, that this ~ould be !Tieguia.r f~r me ~.do eo m ~he l;\bsence of authority from Congress, as it is not germane. IS not. strictly speaking, military duty, smce the lndians at that institutio.n have Mr. SCALES. No, sir; I admit it is germane, bnt it does notre­ ceased t.o be yrisoners of war. trench expent!les. . T~e e;q>e~ment in tp.~ way of ~nca!ion of Indian youth now being made at that mstitution, m my oprmon, proiD.lSes unportant results, and I do not hesitate to Mr. PAGE. Very well; the gentleman admits it is germane. I do recommend that authority be granted to this Department to aid it by detailing not understand him to say it changes existing law f Does he !:JO permanently an officer, as suggested by General Armstrong. allegef The inclosures received witli your communication are herewith returned. Mr. SCALES. Yes, sir. I have the boner to remain, very respectfully, your obedient servant, GEO. W. McCRARY, Mr. PAGE. Upon that point I would like to be heard a moment. Secretary of War. The first section of the amendment offered by myself is similar to the Hon. JoHN GoODE, M. (1. amendment offered by the gentleman from Kentucky, which proposes to transfer the entire Indian Bureau from the Interior to the War Mr. GOODE. Mr. Chairman, at the suggestion of gentlemen around Department. This f1ID.endment of mine provides in its first section me that there will be no opposition to this amendment, I prefer to that the hostile Indians may be turned over to the control of the War withhold it for the present,~nd shall offer it again as an amel'ldment Department when in the judgment of the President of the United to the original bill, so as not to antagonize the amendment of the States such exigency may arise as would require it. · gentleman from California. I withdraw it for the present. Now, the second section of the bill is not contraryto existing laws. The CHAIRM4-N. Then the question is npon the substitute offered I call the attention of the Chair to sections 2062 and 2063 of the by the gentleman from California for the amendment of the gentle­ Revised Statutes on page 362. I send them to the Clerk's desk and man from Kentucky, [Mr. BooNE.] ask to have them read: Mr. GARFIELD. Is that debatable now f I desire to say a few The Clerk read as follows: words in favor of it. · · SEc. 2062. The President maf require any military officer of the United States The CHAIRMAN. It is debatable. to execute the duties of an Indtan agent; and when such duties are required of Mr. GARFIELD. It is fair to infer that when a committee of this any military officer, he shall perform the same without any other compensation House has had a. subject under its consideration the whole session and than his actual traveling expenses. · SEC. 206:-:J. No compensation beyond their actual expenses for extra services shall has not been able to come to any resolution on it, that the same prop­ be allowed any Indian agent or subagent for services when doing duty under the osition would find this House not only in a similar condition of un­ order of the Gt>vernment, detached from their agency and the bouna.ary of the certainty, but make the Honse very strongly inclined to say that it tribe to which they are agents or subagen~. ought not to enter into any legislation upon which the committee itself Mr. PAGE. Now the Chairman will see that my amendment is in cannot come to an agreement. I understand that the Committee on the very line of existing law. Indian Affairs have ma.de no report of a bill of this character that has The law just read, section 2062, provides that the President may received the assent of a majority of that committee. I understand detail Army officers to a~t as Indian agents, but that they shall be that the proposition to transfer the Indian Bureau to the War Depart­ entitled to no extra compensation bnt to traveling expenses. ment failed in that committ-3e, and therefore they do not recommend My amendment provides an appropriation of $15,000 to pay for it, and that the proposition pending here is a proposition that has toveling expenses. failed to receive the assent of the committee specially charged with I think, therefore, that the second section of my amendment is in that subject. Ought we to do what that committee itself fails to rec­ accordance with existing Ia.w, and certainly the point of order cannot ommend f Certainly not on so great a matter as this. be against the first section, because it is similar to the amendment of There was a time when I believed we ought to have transferred the the gentleman from Kentucky, only his amentlment goes one step Indian Bureau to the War Department; and when I was chairman further than the amendment offered by myself. of the Committee on Military Affairs many years ago, under my man­ If the Chair decides that the point of order would lie against the agement a bill to effect that purpose was passed through the Honse, amendment, I would ask consent to strike out that part which is but when it was about being acted on in the Senate a frightful mas­ liable to the point of order, for in my judgment after the examina­ sacre occurred by the Piegan Indians and the pill was dropped with­ tion I have given to the subject, I think there can be no question out sufficient reason; but it was dropped. The fact is that durin(J' about it-about its being in order-with the exception of the last the war the Indian question like many other questions was largely section. I am very well satisfied that that section is also in order. neglected and given the go-by. The CHAIRMAN. As under existing law the President ha.s the The situation of the Indian management was so bad at a certain right to put officers of the Army on this duty, and they are entitled period of our history soon after the war that I for one announced in to traveling expenses, the Chair thinks it competent in this bill to the House that I would never again vote a dollar of appropriation for make appropriations to pay snch traveling expenses, and the Chair the Indian service until the w,Pole business was reformed. But it iB therefore overrules the point of order. fair to say that the situation of Indian affafrs bas been greatly bet­ Mr. GOODE. Before the question is taken on the amendment of­ tered within the last eight or ten years, and now it is not at a.ll what fered by the gentleman from California, I desire to move an amend­ it waa at the time to which I refer. ment to the original amendment, moved by 1ibe gentleman from Ken­ If anything is to be done about the matter~ it seems to me that t1;le tucky. I understand that when a substitute iii pending it is in order proposition of a portion of the Committee on Indian Affairs ought to to perfect the original amendment. have weight, namely, that it should rest with the discretion of the The CHAIRMAN. The amendment of the gentleman from Cali­ President, if he iinds any tribe of Indians turbulent and refractory, fornia is a substitute for the amendment offered by the gentleman so that the ordinary peaceful appliances and methods of tho ~ndian from Kentucky, but it is in order to offer an amendment to perfect department cannot conduct the business fairly, to turn those tribes the original amendment. over to the War Department for the time being, with power on the Mr. GOODE. I propose, then, to offer an amendment to come in part of the President to remand them again to the Indian department after the word "department,'' in the second paragraph of the amend­ whenever in his opinion it will be safe so to do. That proposition, ment offered by the gentleman from Kentucky. it seems to me, has some plain reason in it that we can tie to without Mr. PAGE. Is an amendment to a substitute in order! committing ourselves to the expraordinary measure of taking a whole The CHAIRMAN. The amendment is not to the substitute, bntto department and transferring it bodily in a lump, with the half-civ­ the amendment of the gentleman from Kentucky, [~!r. BooNE.] ilized, the wholly civilized, and the wild tribes of Indians together, Mr. PAGE. Is that in order Y to the War Department. The CHAIRMAN. The Chair so understands; it is an amendment If I am compelled to vote upon this question, although I d(j not be­ to perfect the original proposition before a vote is taken on the sub­ lieve in burdening an appropriation bill at all with it-I believe in stitute. leaving it out of the appropriation bill altogether-! would prefer The Clerk read Mr. GooDE's amendment, as follows: to vote for the proposition of the gentleman from California, [Mr. .A.dd, after the word ''Department," at the end of the second paragraph of the PAGE,] and leave to the discretion of the President to take such action amendment proposed by the gentleman from Kentucky [Mr. BOONE] the following: as the good of the service may require. .A.nd may detail an officer of the Army not above the rank of captain for specia.l Mr. BOONE. Mr. Chairman-- duty with reference to Indian education. Mr. BUTLER. I desire to offer an amendment to the first para­ Mr. Q-OODE. Mr. Chairman, I hold in my hand a letter from the graph of the amendment of the gentleman from Kentucky, [Mr. Secretary of War, which I send to the Clerk's desk and ask to have BooNE,] if it is now in order. read. The CHAIRMAN. The Chair recognized the gentleman from Ken­ The Clerf read as follows: tucky as entitled to the floor. w.AR DEP.ARTiffiNT, Mr. BOONE. I understood the gentleman from Ohio [Mr. GAR­ Washington Oity, February 7, 1879. FIELD] to say that the committee to which this question has been Sm: I am in receipt of your favor of 4th instant, inclosing a communication-from referred have not been able to agree npon a proposition to transfer ~neral S.C. Armstrong-, principal of Hampton Normal and .Agricultural Insti­ tute, in which that gentleman urges .that Captain R. H . Pratt of the .Army be the managemen~ of the Indians from the Interior to the War De-part­ continued on duty in cbarj1:e of the education of Indian children at thatinstitUtf(}n. ment. If the gentleman refers to the Committee on Indian Affairs :Yon request thllt I will communicate to yon any recommendation I have to make of this House, I beg to remind him that he labors under a mistake, 1134 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8,

becanse there is pending now upon the public Calendar of this House Mr. BOONE. Whom does the gentleman propose by his amend­ a bill reported from the Committee on Indian Affairs recommending ment to make the judge of the necessity of putting Indians under the transfer, which has received the indorsement of a majority of that military control f eommittee. Mr. BUTLER. The question to be determined is a question of fact. If the gentleman refers to the joint committee appointed by the My amendment provides that all Indians who within the last five two Houses, then he states truly that that committee were unable to years have committed hostile acts against the people of the United agree upon a recommendation. States in the nature of war shall be placed under the War Depart­ Mr. GARFffiLD. That is what I refer to. ment. Mr. BOONE. Then I beg to state that a majority of the House Mr. BOONE. My inquiry was, who is to judge of that! part of that committee did agree to this recommendation, while it is Mr. BUTLER. The executive officer judges of that fact. also trne that a majority of the Senate part of the committee agreed Mr. HASKELL. Will the gentleman yield for a question f to the other proposition. · Mr. BUTLER. With pleasure, if I c:m have time enough to finish It is somewhat remarkable that while the gentleman from Ohio my statement. I shall have to ask a little more time. [Mr. GARFIELD] states that we were unable to agree upon a recom­ Mr. HASKEL.L. If the gentleman includes among the Indians who mem1ation, and urges therefore that we ought not to make any recom­ are to be turned over to the War Department every tribe that has mendation at all, be takes occasion to urge upon the Bouse the pro­ been at war with the United States he will take in a great many priety of adopting that which one portion of that committee have tribes and small bi-nds that are to-day as peaceful as any Indians on recommended. I read from their report : the continent. There is a little fragment of the tribe of :Modocs liv­ Your committee think that the President should be empowered, in the case of ing within five miles of the town of Baxter's Springs in my district. actnal or threatened hostilities, to place the tribe or tribes that may be hostile or They are to-day as peaceable a.sanequal numberof white men. Yet unmanageable immediately under the control of the military, and to remain so five years ago, or within that time, they waged a relentless warfare until permanent peace is assured. We think that the Sioux might be placed under such control at once, and thus avoid war, which is being continually threatened by against the people of the United States. these Indians. .Mr. BUTLER. 'rhat is hardly a question, but is rather in the na­ * * * ture of an argument; but I am content to answer it. I know that We are of opinion that the Indian Bureau should be a distinct department, with the remnant of the tribe of Modocs spoken of by the gentleman are the chief a member of the President's Cabinet. This will aid much in the soln­ tion of future complications in Indian affairs. very peaceable, because more than one-half of them have died since they moved there; that half I will answer for, and the other half is That is the recommendation of one-half, and only one-half, of the so distributed that it is ·of no consequence. jQint committee appointed by the two Houses. A majority of the But in making laws we must frame them in a general way, and it members upon the part of the House joined in another report, which will do no harm, and I think a. little good, to that tribe of Modocs to recommends precisely what the amendment I have offered provides put them back under the War Department. The peace department for; that is, the transfer of the management of Indian affairs to the has killed them a great deal fa..,ter than the military department did War Department. when they were at war. But I am taking a general view of this sub­ I take occasion here to remark that the declaration made by the ject. What I understand is wanted is that the hostile Indians and other members of this joint committee to the effect that the President those who are not so far advanced in civilization as to have given ought to be authorized to put a portion of the Indian tribes under the surety of the peace shall be put nuder the War Department. Now, management of the military is, at least, a half admission that the rest if all go under the War Department, then this little tribe of Modocs of the committee were right when they recommended that all the will go; so that the gentleman's suggestion is not so much an objec­ Indians should be put under the control of the War Department. I tion to my amendment as to the general proposition for a transfer. will take occasion further to remark that when a portion of that joint Mr. HASKELL. It is an objection to the whole scheme of transfer. committee say that the Indian Bureau ought to be a separate depart­ Mr. BUTLER.- That may be. The question is whether half a loaf ment and that the chief officer of that service should be a member of is not better than no bread. the Cabinet, they thereby confess that the present management is a Mr. HASKELL. There must be a tl.iscretionary power lodged some­ failure and not satisfactory to the country. If there were no other where in order to execute the provision of the gentleman's amend­ reasons than those which have been given by the friends of the lndia.B. ment. Under its operation a question will be presented which can­ Bareau who have recommended this change from the present manage­ not be left to the decision of any half dozen, or two dozen, or three ment-and I hope to be able to present other reasons before the dis­ dozen men. If any of these Indians in time of war are to be put un­ cussion closes-in my judgment that is sufficient to warrant the can­ der the control of the Military Department, some one officer of this elusion to which half of that committee have arrived. Government (and who more fit than the President f) must determine [Here the hammer fell.] when and bow that shall be done-whether an entire tribe shall be Mr. GARFIELD. I withdraw my formal amendment. put under military control, or only a particular predatory band. Mr. BUTLER. I desire to offer an amendment to the first para­ [Here the hammer fell.] graph of the amendment proposed by the gentleman from Kentucky, The CHAIRMAN. The time of the gentleman from Massachusetts [Mr. BooNE.] I move to amend by inserting after the words ''board [Mr BUTLER] has expired. of Indian commissioners or otherwise" these words: Mr. HASKELL. I desire the floor in order to yield five minutes All the tribes of Indians who within five years last [.assed have done hostila to the gentleman from Mississippi to compensate him for my inter­ acts to the -people of the United States in the natnre o war, or which may here­ ruption providing he will agree ta let me have a chance. after comout such acts. The CHAIRMAN. The gentleman from Mississippi is recognized ·Mr. THROCKMORTON. If the gentleman will allow· me to inter­ as entitled to the floor. rupt him, I will remind him that there is an amendment like that Mr. HOOKER. This is a proposition, Mr. Chairman, introduced as pending alrea-dy, offere&. by the gentleman from California, [Mr. an amendment to the general Army appropriation bill to transfer the PAGE.] conduct of Indian affairs from the Interior Department to the War Mr. BUTLER. No, sir; not quite. I will explain my amendment. Department. It will be remembered that at the last session of Con­ I know what the amendment of the gentleman from California is. gress a commission wa.s appointed for the purpose of taking evidence He proposes to put it in the discretion of the President to order cer­ looking to the expediency and propriety of making such transfer. tain parts of the Indian Bureau into the War Department. My That commission in the discharge of the duty devolved upon them, or amendment, instead of leaving it- to the discretion of the President, part of them, visited many portions of the Indian Territory and took makes it a provision of law. much testimony p1·o and con on this question; and I think I may say If I understand the difficulty here it is this: all agree that if the that the committee as a. whole, whether those who have made the Indians would remain. at peace it would be best to have them under report which is embodied substantially in the amendment offered the Indian Bureau and subject to the civilizing influences of a peace­ by the gentleman from California, [Mr. PAGE,] or those who have ful administration; but the complaint is that some Indians break made the report which has been presented to this House substantially out into kostilities; that there are warlike tribes who will not be embodied in the· proposition of my friend the chairman of the Indian repressed by a peaceful bureau, and that these should be under the Committee to this bill, will agree that the bulk of the evidence taken, War Department. ~ow, suppose we put under the manao-ement of both of those who were in favor of retaining it in the Interior De­ the War Department all the tribes that have not remained at peace partment and those who were in favor of transferring it to the War for five years or who may hereafter break out in war. This is the Department, showed a condition of matters with reference to the object and scope of my amendment-to do this by law; so that all management of Indian affairs that was by no means satisfactory to the Indians who by their action within the last five years have shown the minds of either portion of the committee. While we found in that they are not fit to be under the Indian Bureau shall be placed the main the sentiment of all the civil officers now having the con­ under the War Department, leaving under the management of the duct of Indian affairs, from the Secretary of the Interior and the Indian Bureau all other Indiam~. There are Indians in the State of Commissioner of Indian Affairs down to the smallest agent over the New York; there are Indians in Wisconsin, in Minnesota, in Kansas, smallest tribe in the country, was almost concurrent in favor of a. in New Mexico, and Arizona, and some in Texas, who have been for continuation of the management of Indian affairs in the Interior De­ the last five years as peaceable as we have been, :md a little more so. partment, although it was conceded, sir, by the report of the present [Laughter.] There is -no reason w by those Indians should be put Commissioner of Indian Affairs made in 1877 and repeated in his re­ under the War Department. Then there are the Modocs, the Chey­ port of 1878 that there was corruption and fraud in the management ennes, a portion of the Apaches, and the Nez Perces, and other In­ of Indian affairs by the civil agents-I say this was conceded eveR by dians, whose conduct shows that they ought to be subjected to the the reports of the Commissioner, yet they say it must l>e retained repressive force of the War Department. there because they are now bettering their condition. Evidence was 187.9. CONGRESSIONAL RECORD-HOUSE. 1135 taken of a great number of Army officers who I believe stand not only Now, Mr. Chairman, I desire to say in reference to the general impartial in the decision of this question but absolutely hostile and proposition of my friend from North Carolina that I do not think adverse to the transfer of the Indian Bureau to the War Department. the :five civilized tribes, Choctaws, Chicka-saws, Cherokees, Creeks, We were governed by a desire, Mr. Chairman, simply to advance the and Seminoles need any agent at all. interests of the Indian and we found everywhere the agents and the I believe they have arrived at a condition of affairs when they are civil authorities who were there in contact with them were indus­ amply capable of attending to their own matters. It so chanced that triously inculcating the idea that a transfer to the War Department this commission reached the town of Muskogee, in the Indian Terri­ did not lead to prompt payme:nt of their annuities and the prompt tory, on the very day they held their international agricultural fair, delivery of their supplies, but it meant a surrender of them to the where all the civilized Indians were represented, and many of the sword and to the bayonet. But, sir, that was not the object or the pur­ uncivilized ones had representatives also. I listened to an address pose, nor was it the tenor of the evidence. The tenor of the whole from Colonel Adair, of the Cherokee Nation, which I have not heard evidence was that under the exa"(}t commissariat and Quartermaster's surpassed at any agricultural fair, national or State, which I ever Department of the Army you could furnish to the Indian honestly attended anywhere within the limits of this broad Union. I saw the what he was entitled to under treaties with him, and you could furnish productions of the soil, specimens of the handiwork of the women, it with that lpromptitude essentially necessary in dealing with the and various manufactured products which would compare favorably Indians. · with the display made at fairs held in any State of the Union. And And a.s a ~triking illustration of that fact, Mr. Chairman, I beg so far as these :five semi-civilized tribes are concerned, I believe that leave to call1the attention of the committee for a single moment to all the G-overnment has to do is in honesty an.d :fidelity to carry out t1te evidence of Lieutenant J. M. Lee, whom we examined while in the stipulations of the treaties you have made, and pay the amounts Omaha, Nebraska. Lieutenant Lee had been for some time the agent of money you owe them; and when a claim is presented by one of succeeding another Army officer, Lieutenant Foote, and detailed at them not to say, as the gentleman from Maine [Mr. HALE] is in the the very instance of the Interior Department itself; and Mr. Schurz, habit of saying, "This is an old soldier." It is yon who have made it the Secretary of the Interior, on the witness-stand testified that no an old soldier by refusing to pay it, by refusing even to consider it. tw~ men who had been made Indian agents had conducted their I say, so far as these semi-civilized tribes are concerned they need affairs with better success, greater honesty, or more exact:fidelitythan no agent, and as regardB those of a savage character who have not those two officers of the Army who were detailed from General Crook's yet been introduced into the arts of civilization and agriculture command. Lieutenant Lee said: they want men over them who will never make a promise and break Lieutenant Foote, of the .Army, was detailed to Spotted Tail agency in Au£Ust it ; they want men over them who, like the men educated at West preceding the time that I took charge. He relieved a civilian agent-E. A. Howard. Point, acting with promptitude, exactness, and honesty, will fulfill E. A. Howard was feeding, on paper, at that time 9,170 Indians. Lieutenant Foote, every treaty stipulation of the Government, and fulfill every promise immediately after takin.e; charge of the agency, made a careful census of the Indians, and the actual number was found to be 4,775. We had always maintained the be· which the Government makes through its agents. For these reasons lief that the number of Indians was vastly overestimated, and that there were very I favor the transfer. little more than half the number of Indians that were reported. Lieutenant Foote's [Here the hammer fell.] eensus confirmed that belief. Howard, the civilian as;ent, was dismissed by a tele­ Mr. HASKELL. I thank the honorable gentleman from Mississippi gram from his position as agent, and Lieutenant Foote was ordered, I believe by General Crook, from the department headquarters, to take charge of the agency. for the very handaome way in which he has vindicated the truth of He took charge and continued in charge a short time, when he accompanied t}le the proposition made by gentlemen on this side of the Honse, that troops on a war expedition. .Another officer, Lieutenant Paul, of the Thirrl Cav­ these Indians should not be transferred to the War Department, or alry, had cbar.e;e for a short time, when he was suceeded by Lieutenant N eide. I if any are to be transferred only those hostile Indians shall be trans­ relieved the latter officer. The Indian war was going on at that time, When I took charge, Chief Spotted Tail was out on a mission of pea~e, having been sent out ferred that are engaged in the work of depredating upon white by General Crook to the northern Indians. Things were somewhat disorganized; settlers. Indians were coming in and g<>in~t out from the agency, and it was rather difficult Mr. BUTLER. Will the gentleman yield to me for a moment f to keep track of them. The Indians bad pretty much their own way, and bad had. Mr. HASKELL. Yes, sir. The a~rent had to control them almost entirely by moral suasion, and he had extreme difficulty. The Indians, before the military took charge there, were prejudiced by Mr. BUTLER. I would like to ask the gentleman whether it is no11 Howard and others against any officer taking charge, Spotted Tail and others being best to try to separate these according to my amendment and there­ told that when the officer went into tbeageucy, a sentinel would walk up and down by- in front of his office, and that no Indian would be.permitted to go in to see him unless carefully searched; and that they would have extreme difficulty in .e;etting Mr. HASKELL. Provided you put some men at the work of sep- their wrongs nghted; that they would 'be subject to discipline similar to the sol­ arating who are responsible for their action under the law. diers, liable to be put in the guard-house and very badly treated. Very soon after Mr. BUTLER. You are not answering my question. Lieutenant Foote took charge of those Indians, they made a request to a commis­ Mr. HASKELL. I am answering your question.. sion then visiting them to have Howard reinstated. They changed their minds, however, very soon after, finding that they were as well, if not better, fed by Mr. BUTLER. You are not answering it, because I have Rot yet Lieutenant Foote than they had been by Howard, notwithstanding his estimate for finished asking it. · the double number of Indians. Mr. HASKELL. If you put upon the statnte-book-- This, sir, was at as late a period of time as Lieutenant Foote was Mr. BUTLER. You agreed to yield tome for a question, and now put over the Sioux Indians. At Spotted Tail agency he found there yon are breaking your agreement. was being issued daily rations to over 9,000 Indians, when really The CHAIRMAN. Does the gentleman from Kansas yield to the there were only 4,700 in that agency. gentleman from Massachusetts f He goes on further; and I would remark of him tba.t it was said by Mr. HASKELL. I yield him one minute. General Crook, of the Army, whether in the field or in the camp or in Mr. BUTLER. I thank you for nothing; that is not enough. the discharge of this civil duty, he bad always been eminently dis­ Mr. HASKELL. The number of Indians in the United States is tinguished for his :fidelity in the discharge of every position in which perhaps two hundred and seventy-five thousand. The number of In­ he was placed. dians whom we on the frontier have to fear as warlike Indians does He was asked by myself, "Do you mean the system under the In­ not exceed twenty-five thousand; the Com.mission~rof Indian Affairs terior Department¥" when I asked if there had been frauds com­ estimates the number at :fifteen thousand. For the sake, then, as it mitted, and be said, ''Yes." is alleged here of controlling the few, it is proposed that we do wrong The CHAIRMAN. The gentleman's time has expired. to the many. Mr. SCALES. I will take the floor and yield five minutes to the As the gentleman from Mississippi has stated, there are :five tribes, gentleman from Mississippi. and if he had gone on he might have enumerated fifteen or twenty, The CHAIRMAN. Debate is exh::l.usted on the amendment of the that are to-day peacefully engaged in a(J'riculture. This proposition gentleman from Massa"(}husetts. of a transfer turns over all these peopYe, civilized and uncivilized, Mr. HOOKER. I move to strike out the last word. He gives the into the banda of the War Department. Now I am entirely willing following as an instance of the management of Indian affairs as at to vote for the amendment offered by the gentleman from California present administered: to turn over the hostile Indians to the War Department, if the Presi­ dent of the United States :finds it desirable so to do; bnt to put upon By Mr. HOOKER: Question. Youmea.nthesystemunderthelnteriorDepartmentf-Answer. Under the statute-book a law with no man to interpret it or no man to ex­ 1ihe Interior Department. D. J. McCan, under a corn contract for corn to be deliv­ ercise his discretion when and how it shall be executed is an act of ered for the Spotted Tail agency, out of 356,000 pounds that be received, he suc­ gross injustice. eeeded in getting away with 180,000 pounds. Finally I succeeded in ferreting the As regardB that portion of the gtmtleman's remarks which referred matter up. The cern was purchased in open market. Flour he also succeeded in getting away with. It took me two months of hard writing and investigating to to fraud committed by Indian agents, I admit that that is often too find out what had become of that corn. It bad been received from Omaha west by true; and that there were also frauds committed while under Army him, as transportation contractor. Action has been instituted against him, but I control is also true; at least there is one Army officer to-day who has do not know the final result. . been committing EraudB on the Indians. But these frandB by the By the CRAIRMAN: Indian agents, however reprehensible they may be, are not the causes Q. You succeeded in getting the eorn ~-A. Yes, sir; and supplied that deficiency. The Interior Department bronght snit in Cheyenne agaillst the bond. That was of Indian wars. Kansas passed through nearly six years of Indian one instance. 1.'bat same transportation contractor diverted supplies from the va.­ war, from ld64 to 1870, with the Cheyennes and Arapahoes. What rious agencies until beans were followed to the Black Hills by an agent from the caused itf Indian agentsT No. It was the massacre at Sand Creek Department at Washington, and they were seized there by the agent, from eight by Chivington and his men that precipitated upon us the almost to twelve thousand pounds. This contractor would sell this corn, a.~ I bad affida­ vits of the parties buying from him. He would load a train for delivery at Red endless warfare of the Cheyennes and Arapahoes. Treachery and baa Cloud and Spotted Tail>, and. with the inspector's mark on, the man would sell the faith caused that war, and treachery and bad faith on the part of corn for market price. It was a pretty clear case that he e;ot away with the corn. this Government has ca~ed Indian wars in nearly every case-wars 1136 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8, the weight and borden and horror of which have fallen upon the un­ Now let me say that I have no hostility to the Secretary of the Inte­ protooj,ad settlers upon the frontier. rior, and I held the same sentiments and expressed them when Zach. The trouble with this whole Indian business is not in the fraud of Chandler admip.istered that Department tkat I hold to-day. I pre­ here .and there an agent j it is in broken faith; it is because we vio­ fer to trust the care of an important interest to the best educated, to late our treaties; and it IS because that out from this Hall there often the most faithful, and to the most intelligent body of men that this goes a sentiment of antagonism to the rights of the Indians. These country contains, rather than to trust those interests to the care of are the causes of Indian wars, and will continue to be the cause of persons picked up hap-hazard at the recommendation of this member Indian wars until we learn either to stop making treaties, or mak1ng, of Congress or of that member of Congress. That is the reason why keep them inviolate. - I have been in favor of the transfer of this department. 'But it is For twenty-four years, Mr. Chairman, I have lived upon that front­ said it means war. Is not George W. McCrary as peaceful a man as ier. I have no special love, as members of this House well know, for the Secretary of the Interior f the Indian character, but I insist that you do not protect my people :Mr. HANNA. He is not asking this transfer. nor do you render more efficient the administration of Indian affairs Mr. TOWNSEND, ofNewYork. Nomatterwhetherheisorisnot; by turning the Indians over to the War Department. ~ot at all. he would have the control of it. What you want to do, Mr. Chairman, is to carry out the agreements The difficulty is that in the management of our Indians we forget that have been made with those Indians in good faith, not under­ all sorts of knowledge, we forget all ideas of consistency. I do not taking to put northern Indians down into that southern territory and know whether the care of these Indians is in the hands of persons southern Indians into northern territory ; and then, in their home who are politically or otherwise opposed to me. In the Army men of sickness and desperation at being torn off from their lands, leave all sorts and politics will be found. I grant that during the struggle them to wage warfare on the white settlements on the porder. That of the rebellion a large portion of the Army were republicans, always is the history 9f In<;lian depredations in the West. It is because of so, and I am glad they were so, but men upon the other side in poli­ the bad faith of the Government, and not here and there the isolated tics have put their sons and the sons of their neighbors into cadet­ fraud of the lndian agent. '1 submit, Mr. Chairman, this transfer ships at West Point. Now, in our growing Army every sbllde of poli­ does no possible good in the solution of the :rnaian question. tics is represented; and, sir, let me say as a lover of the Indian, tor I [Here the hammer fell.] believe that the Indian is a man, (barbarian, savage he may be, but Mr. HANNA obtained the floor. still a man,) if you will treat him ~ you wo-p._ld treat another man The CHAIRMAN. Debate is exhausted on the formal amendment yon will have the s~me result. Let us treat them with common sense. offered by the gentleman from Mississippi, [Mr. HooKER.] The first problem on the Indian question is care and control; the Mr:HOOKER. l withdraw it. second problem is civilization. Mr; HANNA. I renew the amendment. What clergyman will be shut out from visiting the Indians and How will this extraordinary act of legislation be construed by the ministering to them in spiritual things if the duties of the agents people at a time when it is well known by them that the present are performed by our Army officers f Secretary of the Interior is administering that Department with more And, sir, if these surplus officers-that have so treubled my friend than ordinary zeal and fidelity in the interest of refQrm and good from Ohio [Mr. BAL"iNING] of the Military Committee, and have even government; w,hen he is guarding with vigilant care not o~ly the troubled the gentleman from Pennsylvania [Mr. WmTE] on our side rights of the Indian, but the interest of the Government in our pub­ of the House-trained men, educated men, houorable men, are put lic domain; when he is thoroughly investigating and correcting in charge of the Indians, shall we not sa.ve money f Shall we not doubtful or fraudulent practices to the end that future wrongs may do better than to put them under the control of an Indian ring of not be inflicted upon those over whom we are in duty bound to exer­ which my republican friend frem Indiana [Mr. HANNA] has such cise a parental care f At a time when we suddenly find what is termed anxious fears Y the ''lndia:a ring," for well-understood reasons, to be arrayed against The gentleman from Indiana [Mr. HANNA] knows, when the heat him and clamorous for the proposed transfer, it is proposed without of debate is over, that the Indian ring lives through the Indian agen­ doe consideration and by a speci~s of legislation that deserves the cies. There is no Army ring. There never will be an Army ring. withering condemnation of every faitl:iiul Representative, to do an Let me say another thing. If the War Department had had con­ act which will justly subject us to the criticism of every civilized trol of the Indians when the Cheyenne outbreak took place, there and Christian community on earth; yea, more, that will be deplored would be forty souls that have now gone to their last account who by every good rqa.n who believes in the humane and civilizing influ­ would be living now in Kansas and Nebraska. ence ever exercised by the Christian teacher. The substitution of Mr. HASKELL. Never in the world. The Army was within foul' the law of force for that of humane treatment, of the sword for miles of that camp "before the Indians started, and they sneaked away, those instrumentalities which cultivate and develop our Letter nair as they always do on the border. rues, simply means a criminal extermination of the remnant of a Mr. TOWNSEND, of New York. They had not control; my friend once proud and heroic race. In the execution of a high trust shall is mistaken. we resort to the methods of barbarism or cling to those of a Chris­ Mr. HASKELL. They did have control. tian ci"f'lization f We cannot afford to take this packward step. In Mr. TOWNSEND, of New York. They did not have control; and behalf of a large body of good men whom I represent I protest the gentleman's constituents paid the forfeit. against it. The manner in which it is sought to be done is not cred­ Mr. HASKELL. They did have control, and they were notified itable to the law-making power. When we come to finally vote on that the Indians were about to leave their reservation. the passage of the pending bill, in my judgment we will be faithless Mr: TOWNSEND, of New York. The gentleman from Kansas must Representatives if we do not strip it of everything save appropria.­ remember that less than a month ago he told us that "the best Indian tions proper. Let us have an end of tumbling every legislative grist was a dead Indian." into the appropriation hopper to be ground out by the use of burrs Mr. HASKELL. I said nothing of thekind. [Laughter.] Mycol­ ill-adapted and ill-adjusted to the purposes of general legislation. league may have said it. I therefore object to the manner in which this ~;~.ct is sought to be [Here the hammer fell.] accomplished. I object to it as unwise and at war with the genius Mr. TOWNSEND, of New York. As a question of privilege, Mr. and spirit of our institutions. I object to it as a surrender to the Chairman, allow me to set this matter right. Indian ring who plunder with equal greed the Indian and the Gov­ My friend and his colleague were standin~ here close together, and ernment; w.ho now, :finding the present Secretary of the Interior a upon reflection I believe it was not my friend [Mr. HAsKELL] who watch-do~ in their pathway, seek to deprive him of jurisdiction. I said it, but I heard wonderful concurrence around here. w object to 1t because we may not refuse to avail ourselves of the aid The· CHAIRMAN. Debate is exhausted on the amendment. and co-operatjon of the great body of Christians in this land who Mr. HANNA. ' I withra.w the amendment. have dared to do so much in the praiseworthy effort to lift from the Mr. THROCKMORTON. Mr. Chairman, there are two objects depths of barbarism to the heights of civilizatiolJ. a people who of sought to be attained by this amendment. In the first place it is right may demand our fostering care. I prefer the policy of peace, believed that by this transfer there will be greater economy in the the influence of the school, the training for industrial p~rsuits, the administration of Indian Affairs. It is believed that the system ,of methods and appliances 'of a Christian civilization rather than a re­ accounts in the Quartermaster and Commissary departments of the sort to the dwarfing, crushing law of force, the cheei1ess, merciless Army will prove vastly superior in its integrity, and certainly its consequences of military rule. · economy, to the present system. That is one object of the bill; Mr. TOWNSEND, of New York. Mr. Chairman, I would like to another object is to preserve the peace of the country. have the ear of my political friends for a little while, and through I desire to say to the gentleman from Massachusetts, [Mr. BUTLER,] you I want to say to them that I have to-day the same opioion of who has offered an amendment, that I concur with my friend from the Army that they had all last week and a great part of this. Mississippi, [Mr. HooKER,] that as to the five civilized tribes in the When these men on the other side of the Honse have been hound­ Indian Territ.ory there is no need to have them placed under the ing down the officers of our Army, they and I believed that they were Army; there is no need of any agency whatever for them. They a body of highly educated, gallant, moral, and even religious men. have their own governors and legislatures and jud~es, and they can To-day from another stand-point and for another purpose our army administer their own affairs, and do it well. There IB no occasion for officers are held up as monsters. My political friends tell us that the Government to spend a single dollar for an agent for those tribes. t-p.rning oyer the care of a body of men to these Christian gentlemen, They have their accredited officers to transact all the business be­ to these educated gentlemen that we have trained with so much ex­ tween them and the Government. pense and care and have defended so long against the world, means In regard to other tribes not so advanced as they are, but who have the extermination of the Indians. The gentleman from Indianasays made considerable progress towards civilization, there should be a this~ hostility to the Secretary of the Interior. restraining and firm hand to guide and control them. Nor should

I )

1879. CONGRESSIONAL RECORD-HOUSE. 1137 there be a division of authority in the matter of controlling Indian of money for the Indians have been most lavish. It does seem that affairs. The management of the Indians should be all under one treaties should have been observed and that peace and quiet on the head, and whenever the time shall come in the history of the coun­ borders should have been the order of the day, but. the reverse has try tbat any tribe sha~ have made sufficient progress to entitle it to been tDne. Not a year but somewhere there has been an outbreak. be relieved from the control of the Army, then let Congress deter­ The melancholy results of this policy, so _pertinaciously insisted to mine the question and set it free, as we propose to do in regard to be retained, has been manifested year after year in the utter desola­ these five civilized tribes. tion of frontier settlements ; in the murder of hapless victims and Mr. Chairman, I have had a frohtier experience of more than thirty the torture of captive women and children; in the oss of gallant years, and during that time have had more or less to do with the-ln­ and brave men sent out to protect and defend the exposed regions, diaoo, in constant contact with them, au intimate knowledge of the and in new drains upon the Treasury. You will :find by the many desire and policy of the Army officers concerning them, and some bills presented in this Honse for compensation for losses sustained, knowledge of their' management by and the conduct of the agents for property taken and destroyed, and for reimbursement to States placed over them. I am satisfied that all who have had a like ex­ and Territories for troops and supplies furnished, and by the docu­ perience, or anything approaching it, will agree with me that this ments on file in your Departments, that these things are true. There transfer should be made. It is t.o the interest of the Army officers are bills and claims pending before Congress now, amounting to more and soldiers alike that it should .be so. The comfort and safety of the than $5,000,000, for relief, growing out of violated treaties and In- . soldier requires that peace should be preserved. There is no ~lory to dian depredations, which, in my judgment, are very large1y traceable be acquired by promoting and maintaining a war with the Indians. to the so-called peace policy. Those who know and appreciate the hardships and dangers incident Only within the last few weeks we hear of collision and blood.ihed to Indian warfare, and who are likely to be the sufferers, when charged between the Indians and our people on the Texas border south of ~ith the duty, and fully authorized by the Government, are far more Red River. Let me say to gentlemen upon this floor that since 1845, likely to act with prudence, humanity, and justice toward these peo­ the time of annexation, up to within the last two or three years there ple t.ban are the hungry horde of civilian agents, employes, and con­ has been one continued scene of Indian warfare along the Texas front­ tractors, whose whole past history shows they have fattened off of the ier. There iR not a running stream or bubbling brook, a valley or miseries, misfortunes, and ignorance of the Indians. The love of ease hillside, along that border which has not been dyed with the blood and comfort, the preservation of life and avoidance of danger, innate of our people. I believe that not only in Texas but along all the in every human heart, would stimulate the one to justice and human­ other borders and frontiers of th~ country there will be no perma­ ity, while greed and cupidity, unawed by dang~r and unrestrained by nent peace -,.vith the Indians until the present policy is changed. the certain~ of detection, might and doubtless has in numberless In my jndament the most effectual way in which to secure peace cases influenced the other. with the Ind'ians and economy in their management is to make the The gentleman from Ohio [Mr. GARFIELD] has remarked that re­ transfer as proposed by the amendment offered by the gentleman cently the Indian department has been well conducted. I desire here from Kentucky. I regard it, if carried out, as an act of humanity to say that, so far as my knowledge and belief extend, I believe that toward the Indian, as securing protection to our widely extended the Secretary of the Interior and Commissioner of Indian Affairs have frontier settlements, and as necessary legislation that will result in done all tbat could have been reasonably expected of them to correct a large reduction of the expenditures of the Government. abuses and to promote ecqnomy. It is not a qestion of preference Mr. BUTLER. I desire to explain my inea upon this subject,· and for men as to this management, but it. is a question of principle as I hope that no gentleman will thrust himself into my face in the form to whether the military, who are charged with the preservation of of a question which means a speech. the peace of the country and the protection of the lives and property I foresee two things to result from this proposed transfer. The first of its citizens, and who are directly and vitally interested, should is that we will transfer the Indian over to the Army; and· then next be charged with this duty, or whether it shall be administered by year there will be an 'i nCJ;ease of the Army to take care of the Indians. civilians who have no esnch responsibility or interest. It has been I believe the Army to be composed of honorable men, but no more well remarked by the gentleman from New York, my colleague on the honorable than other men that can be found. The putting a black committee, [Mr. Tow~sF~'ID,}that•you cannot pick up hap-hazard here coat or a blue coat on a. man's shoulders, or a white necktie or a ,high and there, and everywhere, an agent to administer Indian affairs. military stock around his neck, does not change his character. The Very often, from political influences, men who have never seen an difficulty I find in this transfer so far as these peaceful Indians are Indian, and who know nothing of Indian character, are selecterl as concerned is that the Indian service is a business proposition. agents, and they in their turn· select employes as ignorant as them­ The officers of the Army are not brought up to business. When­ selves. None can deny that this is the resu1t of the present policy. ever we get into a war the commissaries and the quartermasters h3ve AB loJtg as it continues, the Indian management·wm b.e ruinous to the to be obtained from civil life. Every quartermaster and every com­ Indians, disastrous to the borders of the country, and a constant drain missary that was very much distinguished fo1· capacity during eur upon the Treasury. late war was from civil life. The young men at West Point are not In the administration of the affairs of the Army there is a system trained to business habits. They are not even allowed to control the of immediate accountability that pr~ludes the long hiding and cov­ spending of their own pay or to buy tQ.eir own uniforms. It is all ering up of fraud. The liabiiity to court-martial and immediate pun~ done by regulation. Five or eight years ago-! do not remember ishment rests alike upon, the soldier and the officer. They are alike exaptly the time-a remarkable case was brought to my attention. • amenable, not only to the military but to the civil law. Not so with General Harney (and an honester man never lived) was in charge of the civilian appointees and employes of the Indian department. the Indians. He bought many hundred barrels of flour, put them on In reply to the gentleman from Ohio, [Mr. GARPIELD,] as to the a steamboat, and sent them up to the Indian country. He then went point be makes that the Indian department is now well conducted, I to look after the flour hims~lf, and found that it had not come. He would state that I hold in my hand a bill, which I am instructed to instantly made the most stringent orders to have the flour brought report from the Committee. on Indian Affairs, for the relief of the there; and for the flour thus brought he paid double what he had Ponca Indians, in which the Commissioner of Indian Affairs says: paid for that first ordered. n turned out that he had bought his own . By treaty of March 10, 1865, (14 Stat., 675,) certain cessions and exchanges were flour-the :flour he l!ad himself ordered to be sent up. · He was no made by which the area of the Ponca reservation was reduced w ninety-six thou­ business man. He came before a committee of which I was a mem­ sand acres, to which diminished reservation the pledge of protection in the former ber and related this circumstance, and I introduced a bill for his treaty remained fully appliqable, and was never forfeited by sa.id Indians. Relying upon the good faith of the Government and protection so explicitly pledged, they relief. engaged actively in agricultural pursuits, acquired proverty, and were peacefui, I am discussing this matter as a business question. It seems to me prosperous, and contented. By the treaty of .April 29, 1868, concluded without con­ ·desirable that all hostile Indians, all who have shown themselves de­ sultation with them, the Government ceded all their lands to the Sioux tribes, who sirous of blood or so uncontrollable that they break out into warfare, were their hereditary enemies. This cession was in flagrant disre2:ard and vio­ lation of the rights of the Poncas and the pledge of the Gi>vernment expressed should be placed in charge of the Army; for to deal properly with in the treaty of 1858. It was not only made without their consent and in violation such Indians is a matter of war. But those Indians who are prepared of their rights, but it turned over to their bitterest enemies their homes and the for peace-not only the five tribes spoken of by my friend from Mis­ fruits of their labor without compensation or equivalent of any kind. sissippi, but Indians in. New York, in Wisconsin, in Minnesota, and These lands were taken from the Indians by the Government with­ other States, who are peacefully disposed-shall be under the care of out their consent, it is true not by those in authority:aow, but under the Indian agents and subjected to the humanizing influences of civil the peace policy, as it is called. . administration. Their ho~es, their improvements, their lands and property were Having explained the purport of my amendment, (and everybody taken from them without compensation, and turned over to their bit­ seems to a~ree to it,~ the only question is who is to decide who are ter enemies, the Sioux. And we are called upon to-day to make a hostile Indians and who are not 'I This must be done by the President large appropriation of money ($140,000) to purchase a home for them of the United States;·'"' in the Indian Territory, I do not mean to intimate that the Govern­ I desire now to sr.y a · word in reply to the ~entleman from New ment should not repair the great and shameful wrong done to these York who has spoken ~bout Indian agents bemg picked up on the people, but it is in opposition to the system, and to the policy of pur­ recommendation of this or that member of Congress. Why,sir, is it re­ suing this plan of conducting our Indian affairs that I present this served for me to stand here in defense of "civil-service reform," and case, one out of a great many, as evidence of the bad fruit it produces. to say that under the present Administration, as I understand, n()body Acts of oppression like the one referred to, of neglect, of fraud in is "picked up upon the recommendation of members of Congress 'I" cheating t4e Indians out of the real value of what is doe them by [La.ughter.] Perhaps the gentleman knows more than anybody else as treaty and given as a bounty by the Government, seem to be results to how officers are selected by the present Administration ; but I had ~f the present system of our lndi~n management. The appropiations supposed it was done after the most careful search and upon the most VIII-72 _. 1138 CONGRESSIONAL RECORD-HOUSE. . FEBRUARY 8,

thorough competitive examination, and that no member of Congress or rather have been, as I say, unable to agree on any sufficient gen­ was allowed to recommend anybody or to say one word about the eral plan, and a portion of them present the old proposition. matter, or that if any member did venture to make a recommendation, When the distinguished gentleman from Georgia, [Mr. STEPHENS,) it operated against the man recommended. Lately I have said to not now in his seat, spoke, he justly said that it was a very grave everybody who has applied to me for a recommendation for office, and questionable matter as to placing any portion of the civil admin­ ''Yes, I think I can aid you ; I will write a letter that you bad better istration of the Government in the banda of the Army. It was a grave not be appointed, I think that will help you some." [Laughter.] qnestiou of constitutional power and expediency and of the just modes Any idea that this Administration appoints Indian agents upon the of placing executive authority which I am sure justly concerned every recommendation of this or that man in Congress, I repudiate. thoughtful member of the House. [Here the hammer fell.] Formerly the War Department held the control of" Indian affairs, Mr. PAGE. Mr. Chairman, the principal point of difference between and so held until nearly thirty years ago ; but at that time the De­ the amendment of the gentleman from Kentucky and the substitute partment of the Interior had not been created. In 1850 the growth offered by me is that his amendment proposes that the entire control of public business and the necessities of civil administration called of all the Indians, peaceable as well as warlike, shall be turned over it into existence. While under the Secretary of War; ine3:mal Indian to the War De""artment, while my·substitute simply provides that wars and internal administration were under the same head, but tb& whenever the emergency shaH arise, whenever there shall be an In­ commissioners and agents were generally civilians. Army officers dian outbreak 6r any difficulty with the Indians, or any attack upon could be and sometimes were used, as they have been since the trans­ the settlers, such Indians shall, in the discretion of the President, be fer of management of Indians went from the War to the Interior turned over to the control of the Army. Department. ltlow, I do not imagine the gentleman from· Texas [Mr. THRocK­ It will readily be seen that the gentlemen who favor a transfer to MORTON] desires that peaceful Indians like some tribes in New York the War Department at this time have different and widely diverging and in other parts of the country, Indians who have been entirely ends in view. Some favor the transfer because they think Army offi­ peaceful for years, shall be turned over to the control of the Army. cers are the only faithful administrators of public business. Others, There is certainly no necessity for that. But I do agree entirely with with myself, have favored it because we have desired to see hostile the gentleman that warlike tribes of Indians, those who are contin­ and nomadic tribes under one uniform head and under a strong band. ually committing depredations upon settlers, should be turned over Others, because they do not want an army for military purposes, and to the control of the Army. are willing to economize its powers by distributing them over new But gentlemen will recollect that in this very bill we have already enterprises; while another class are tired of the Indian question and inserted an amendment reorganizing the staff of the Army, reducing think that any change would be for the better. In a former debate to a considerable extent the officers of the Army. Now, the amend­ I said, what I now repeat, that we have two classes of Indians and ment of the gentleman from Kentucky proposes to make it mandatory two different questions in civil administrations to meet. We ban n. on tbe part of the Secretary of War to detail Army offioors to act as great frontier, across which wander thousands of Indians never on Indian agents; while my amendment provides that the President any reservation, or if occasionally on them, never long. These peo­ may in his discretion detail Army officers to act as such agents, a dis­ ple cannot be properly said to be under the. control of anybody. cretion which I suppose can very properly be lodged with the Presi­ They are at war to-day, at peace to-morrow. Ever since the European dent of the United States. , settled on this continent their interests have clashed with those of The only other point of di1ference between these two propositions the white settlers. Thero have been conflicts for military rule, con­ is this : the amendment of the gentleman from Kentucky provides flicts for political power, contests for lands, contests for existence. that the enth·e purchase of supplies for the Indians shall be under the And for these reasons I shall support the amendment to the amend­ control of the Army. ment of the gentleman from California, [Mr. PAGE,] because it pro­ Now I do not believe this Honse is ready to say that the adminis­ poses to put the Indians who may be at war, or who are liable to go­ tration of the Arll.\Y of the United States is better calculated to fur­ to war, or who are nomads roving over the plains, under the contro.l of nish supplies to the Indians than the presen.t Indian management: I the Secretary of War, so as not to have divided and conflicting juris­ think the gentleman from Kentucky will bear me out in saying that diction on the plains. the testimony taken before his committee shows very clearly that I would do this because the honorable Secretary has the duty of supplies furnished to the Indians through the Interior Department policing and keeping peace on the plains until a better condition of have been furnished much more cheaply than supplies to the Army things can exist. I am in favor of law and pea-ce on the frontiers, at have been furnished through the War Department. I believe there whatever cost. The peaceful Indians, those who have adopted or are is no question that this is the fact. • · adopting habits of civilization, it would probably be better to allow I cannot see why the Committee of the Whole should refuse to to remain under the control of the Interior Department or with the adopt this substitute. Last· session we had a little experience in put­ civil administration of the Government, at least until a more per­ ting an Indian transfer bill into the Army appropriation bill. The fect system w.as presented to the Honse than is now before us. In­ Senate rejected the transfer bill,. and in its stead the two Houses deed, jt wonli only be under the ~a vest public necessity that I could agreed upon the appointment of a commission by the Speaker of the bring myself to favor the proposition offered by the gentleman from • House and the President of the Senate. That commission has taken Kentucky, [Mr. BooNE.] It proposes to give the civil administration a. large amount of testimony, has traveled to the Pacific coast and all of a great branch of public business to generals commanding in the over the Indian country, and as I understand is unable to agree, four field. That to me is most objectionable. It proposes to give colonels. members being in favor of the substitute I haye proposed and four in and captains on detached service control, to be placed there not by opposition to it. It is not to be supposed the Senate are go~ng to c.on­ the Secretary of War but by the general in command of the depart­ sent to the complete transfer of the Indian Bureau from one depart­ ment, who is to exercise his discretion in the p1anagement of impor­ ment of the Government to another. The sentiment and judgment tant branches of business. I would not give them the Post-Office­ of the Senate have already been expressed on this su\ject. So if we Department or the Land department, however honorable and faithful want to pass this Army appropriation bill, if we want to pass a bill I might believe them. They might very successfully teach the arts acceptable not only to this Honse but to the Senate and the country, · of peace and agriculture, but I would suggest to members on this. I ask the committee to adopt this substitute. . floor whether there would not be more danger of losing that disci­ [Here the hammer fell.] pline and up1·it ilu corps on which their spccess as military officers. Mr. PHILLIPS. Mr. Chairman, it is very evident from the course depend. of the debate the joint committee on t.ransfer has been able to arrive I have the utmost confidence in the officers of the Army. I think at no conclusion on the subject. They have neither arrived at a gen­ no one has a right to assume that either Department of the Govern­ eral conclusion on the policy of transfer, nor have they as a com­ ment is corrupt or that either is spotless. It is not, in this discus­ mittee submitted any well-matured plan to give success and vitality sion, necessary to presume that corruption is so great ~ to demand to a determination·to transfer should it be made by this Honse. What any change, or that one set of persons are so pure that they only can now appears before us is offered by a portion of tlie committee, and be trusted with the powers of government. I am here to say, until is in fa-ct merely the bald proposition to transfer formerly acted on. this committee is prepared to present a better amendment tba:n the The gentlemen on that committee must not be· surprised, therefore, ·one now pending, offered by the gentleman from Kentucky; until when they find the House laboring under the same difficulties which they are prepared to submit something that will ~ive civil adminis­ seem to have embarrassed them. It will be remembered when this tration in conformity with the genius of the Amencan Government; same subject was pen din~ last session I favored the transfer as a gen­ something that is not so crude but what the members on this floor eral proposition, althougn one beset by many difficulties, and I then can understand it; something that will practically operate without pointed out some of the almost fatal deficiencies of the propositions breaking every treaty and confounding every existing system, and then presented to us and offered several amendments to the House to· something which makes a commander in the field at once an ex­ so perfect that measure in my judgment as to make it in any degree pounder and an executor of law; if, in short, the gentleman from efficient and safe. Kentucky will adopt something like the amendments formerly sub­ Those amendments were voted down and a disposition manifested mitted, and when he is prepared to give guarantees that treaty stipu­ to prevent the measure from being perfected, and the vote at that lations shall be faithfully carried out and that there shall be law time amounted to little more than a general declaration against the enough to regulate even the generals, he must pardon me fm: hesi­ transfer, and the matter went to a commission or joint committee. tating about embracing his expedient, I cannot call it a plan. That commission has been investigating ihe subject for some six For these reasons, and at this time, the substitute of the gentleman months, and now it comes in with a ·divided recommendation to us, from California is better. It places the question of peace on the l' - -; ... . l"': ·. f -, r-

•' ,. 4 1879. CONGRESSIONAL RECORD-HOUSE. 1139

frontier and control of the plains and Indians with the Secretary ~f No.L War, gives the settlers all they need, and leaves the more compli­ Number of Indians, including men, women, and children, of the Nez Perc6 tribe. cated question of civil administration by .Army officers where it is at at the Nez Percll agency, Idaho Territory, 2,800. - present. It gives the President discretionary power to plaee Indians Abstrad of remarks of agent, in letter transmitting report of Indian council on at war, or who may be believed are breaking out into war, nn!ler the the subject af the transfer. James Lawyer, bead chief, spoke infayor of transfer, and said he represented Secretary of War. one hundred and forty-eight Kamiah men and aJl that people, althou..rzh but fifty It is well known that the President of the United States has the Kamiahs were present. One hundred and twenty-six out of three hundred anil power to select his executive clerks to preside over the several De­ forty-eight. adult male ~ez Perella were l'eresent. Of the speakers thirteen ex­ partments of the Government. They are not constitutional officers, p;~~~~ tkemselves in favor of the trans er, and ~ve against, Moses among the but mere clerks to the Presidfmt, and I use it in no offensive sense After the council adjourned the brother of Lawyer, bead chief, ani several In­ and with great respect for their high positions. He has the right, dians came to agent and requested that another council be called to reconsider, or at least much discretion is conceded to him, to settle vexed or not but agent refused, saying if be did so it would be said he tried to influence them. clearly defined questions of jurisdiction. He has the right to place The chiefs think that under the Army they will be recognized fully as heads of their people, and the people themselves as privates in the Army, and that the im­ this matter in the hands of his great executive clerk the Secretary of portance of the chiefs will be thereby increased War, or his great executive clerk the Secretary of the Interior. That is a matter competent for him to decide and authorized and directed by the amendment .of the gentleman from California, [Mr. PAGE.] :No.2. DEPA.RTMENT OF THE b~RIOR, I can only regret that the committee have not been able to agree on OFFICE OF INDIAN AFFAJRS, a report or present to us some general and well-matured system. Our Washington, Jtdy 18, 1878. present one is far from being all it should be, although! do not think Sm: You are hereby directed to call a general council of your Indians, a:ad to the present Administration has subjected it to apy reproach. It in­ make inquiry()£ them as to their wishes respecting the transfer of the Indian Bu­ volves the gravest qn-estiolls, well worthy of our most profound atten­ reau to the War Department. You are forbidden to influence them in any manner, I but must so present the subject to them that they may be enconra,ged to g:!ve a. froo tion. I desire Mr. PAGE's •.tmendment because believe it to be the and frank expression of their opinions and desires respecting it. Yon will see that only practieable one before us, and without the adoption of which I their wishes a.r~ expressed in proper form and signed by the chiefs as representa­ cannot see any possible settlement of the vexed question. tives ()f their bands, giving the number of lndians :whom ea~h re:presents. Ca.ll [Here the hammer fell.] upon them to give reasons for their preierences, and when there 18 a diYision of sentiment as to the transfer, let each party present their wishes in due form ani! Mr. PAGE. 1 withdraw the formal amendment. give their reasons, respectively. · :Mr. FENN. I renew it. Now, Mr. Chairman, representing as I do Your early attention is requested. a constituency living upon the remote frontier where the land has Very respectfully, been drenched with the blood of the settlers and their families dur­ WM. M. LEEDS, ing the last two years, and as I know and as my constituents gen­ Acting Commissioner. erally believe in consequence of the inefficiency of the management OFFICE b.JliAN AGE~'T, NEZ PERcE INDIANS, of Indian affairs by the· Interior Department, and the corrupt con­ Lapwai, I. T., September 10, 1878. duct of its representatives, I beg leave to say a few words on the pend­ Srn: I hav~ the honor to report the following: On the 28th ultimo I held a. conn· ing question. I am opposed to the pending amendment a11d to the cil with ~ese Indians, as per instructions contained in circular letter dated July amendment offered by the gentleman from California, [Mr. PAGE,] 18 1878, pertaining to the transfer of the Indian Bureau to the War Department. and in favor of the .original naked proposition. James Lawyer, present bead chief opened the council on the part of the Indi· ans and spoke in favor of the transfer, and was followed as per inclosed memo· One year ago in this House, when speaking of the sufferings o.f my randa. In .answer to a question from myself be said that he represented the people during the Nez Perce war, I said that John B. Montieth, the wishes of the Kamiah peeple, although only fifty Kamians were present. • Indian agent for the Nez Perces, was responsible for every drop of T!J.ere were in attendance at the council only 126 out of 348 adult male N cz Perce blood shed and for every dollar of property destroyed in the course lndlll1ls, and ()Ut of 148 men at Kamiah only 50 were present. The council was o-petted about ten a. m. and adjourned at noon. The Indians of the Nez Perce war. . had bad three weeks notice, but failed to come in. When I l!tade that statement I said what! knew and what my con­ After the oonncil had been adjourned and the better class of Indians had time stituents believed. It is a fact not to be ~ispnt-ed by any one cogni­ to realize what had been done, Archie Lawyer, brother of the head chief, and sev­ zant of the facts. What will be the effect of the adoption of the eral KamiJah Indians -called at my office and requested me to call another council, that they might undo that which bad been done. I refused to comply with tbe re­ .amendment of my friend from California f It will emasculate the quest, saying that if I did so it would be said I influenced them to change their proposition for the transfer of the Indian Bureau to the War Depart­ minds, but that if they desired to forward a dllferent wish than the one expressed! ment of every principle of ~ood the measure now contains. It leaves in the council the better plan would be to draw up a remonstrance and have such a.~ the whole matter at the dlScretiou of the President. From whom desire to sign the same do so. Of those who spoke in council a majority was ill. favor of the transfer. One of will he receive his information and his suggestions f They will come the causes of this action was the abolishment of the snbchieftainships at Kamiah· through the Interior Department in the regular routine of business, and Lapwai. The Indians know that I am opposed to any one clwmin~ to be 31. and he will follow hereafter as he has heretofore followed the behests chi.ef because his father claimed so to be. I have given my reasons many times for­ of the Secretary of the Interior and the Commissioner of Indian opposing ihe same, which in substance is that it has a. tendency to keep back thO" younger portion of the tribe from being elevated and civilized. From the time I ­ Affairs, who sit all powerful in the Interior Department to control the placed all Indians (}n the same leYel ana recognized one as soon as the other up to· Indi.an Bureau, and who have behind them to furnish them informa­ the present time, the younger-portion as well as the older portion of the tribe haveJ tion a horde of Indian agents and inspectors and other officers as cor­ made encouraging progress. rupt as Mary Magdalen was befo0re the seven devils were cast out of I was thoroughly surprised at the expression made in the council. I did not expect it to be so strong. They know t-hat the military t:tlk to and reeognize only her. [Great laughter.] Thaok God, there are some honorable ex­ the chiefs, and look upon the members of the tribe outside the circle of chiefs ceptions, l>ut they are·like angels' visits. a8 privates in the army. The would-be chiefs have an idea that in case the trans­ In the few minutes allowed me I have not, of course, the time to fer takes pla-ce it would elevate them to their former position in the tribe, and when a favor is desired by the common people from their agent they would have to go into a full discussion of this entire question, but to sh•w what come·to them first, and through them secure that favor. I know this to be the confidence is to be placed in the reports which come from the Indian view of James Lawyer. Those who spoke in favor of the transfer look upon the agencies, I call attention to the following letter from the Commis­ common people as slaves, and often apply that term to such as I employ about the sioner of Indian Affairs to myself and the accompanying documents, agency. The acts of the military will keep up, or rather reinstat-e, their old ideas namely, first, Agent Montieth's report of the Nez Perces' council on of tribal affairs, and will be the means of their falling back into their former habits. Hence I am opposed to military being stationed on the reserve. the question of transfer; second, general circular calling councils to The reason the signatures do not appear to the inclosed is that they (the speakers) consider the transfer question; third; letter of Agent Montieth writ­ left the agency, returning home before I was able to get the paper in proper shape. ten in regard to the council: Very respectfully, - JNO. B. MONTEITH, DEPARTMENT OF THE INTERIOR, OFFICE OF b-niAN AFFAIRS, · United States Indian Agent. Washington, FebT'IJ.Q,ry 5, 1879. Hon. COMMISSIONER OF lNDIA..'J AFFAIRS. Sm: I am in receipt. by reference from the honorable Secretary of the Interior, of your communication of 3d instant, requesting to be furnished with a copy of the That is agent Monteith's report of theNez Perce council. He reports report of Agent Monteith of the Nez Percll agency, Idaho, of the proceOOin!PJ of twenty-eight hundred Indians of all ages, men, women, and children, an Indian council held at that agency, whereat the Indians expressed their Vlews when there are less than eleven hundred. and fifty in and about the on the question of the transfer of the Indian Bureau to the War Department, and reservation. He makes no report of any vote for or against the trans­ also asking- for a copy of the instructions to Agent Monteith relative to said coun- cil being held. ' fer, but this immaculate agent by false representations attempts to In reply I ha.ye to say that on December 4last a supplemental statement was break the force of the action of the Indians in council. sent to the joint committee of Congress to consider the advisability of the transfer A MEMBER. What is his name f · of the Indian Bureau to the War Departmen~ in which a brief statement of the Mr. FENN. J. B. Monteith, agent for the Nez Perces. views expressed by the Nez Percll chiefs at tne1 above-named council appeared, (copy of that part of statement showing views of Nez Perce chiefs, inclosed here· Mr. RICE, of Ohio, obtained the floor and yielded his time to Mr. with, marked No. 1,) accompanied by a copy of the full proceedings at the coun­ FENN. cil, marked on statement as exhibit No. 52. Mr. FENN. To show the confidence to be placed in the reports of I also inclose copy of ottice circular directing the agent to call a council of his agents I wish to call the attention of the committee to his statement Indians for an expression of their .views on the transfer question, marked No. 2, ana a copy of Agent Monteith's letter transmitting the proceedings of the council that thirteen spoke in favor of transfer and five against, Moses among held in accordance therew~th, marked No. 3. · the number, when Chief Moses lives on the Columbia River, one hun­ Very respectfully, dred and fifty miles away, is not a Nez Perce, and has not been at the B.A. HAYT, Nez Perce reservation for twenty years, and probably not in his life. OommisGiM'.er. Ron. S. S. FENN, Mr. WILLIAMS, of Oregon. Is there a. Nez Perce chief of tliat HO'Il8e of Repr~entatitlU. nameY 1140 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8,

Mr. FENN. Not one. . me that it has its advocates here. The third in my opinion is the The ageut attempts to explain the action by asserting that the true policy. I have no war to make on the Army of the United States· chiefs wished to perpetuate their power and thoughtthey could best it fills its place in the Government; yet it is true that the Army~ do so by bei.J;Ig under military control. specially trained for its business, necessarily arbitrary and despotic Let me say in regard to this very matter that less than one year ago in its methods. At its very foundation lies the necessity for unreason­ a petition addressed to Congress was circulated among the Nez Perces, ing opedience po or~ers, and men t~ained for the Army are, in the got up by their representative m~n, in which they asked to brealr up exermse of therr duties connected w1th the Army, necessarily bound the reservation, dissolve their tribal relations1 homestead their lands, by its rules and methods. and ·become citizens of the United States. Tney desired to have the Now, there are, as everyone admits, good Indians and bad Indians, petition translated into the Nez Perce language that it mi~ht be peaceable Indians and warlike Indians, and it is proposed to place understood by all. It was sent to the Lapwai agency, where this man all of them....:...good, bad, peaceable, and warlike-directly under the Monteith is, and he refused to allow the interpreter to translate it, control of the Army, whether they are in a state of peace or a state saying by a-cts if not by words that they must be kept in their pres­ of war. It is surprising to see how some gentlemen change their ent condition eternally. tunes here. Many of our friends on the other side three days ago Now, Mr. Chairman, let me read for you the report of an Army while considering this Army appropriation bill offered amendments officer who was there at that time. But before I read this report let to decrea-se the Army from twenty-five thousand to fifteen thousand me say to the Honse that I stand here responsible for what I state, men, for foa.r that twenty-five thousand men in the Army.would bo that Captain Falck.} captain of the Second Infantry, stationed at Fort used to destroy the liberties of fifty million of people-strong, intel­ Lapwai, authorizea. me to speak fully what I now state. I asked ligent, brave people-and found a military despotism, and this, too, him, "Will you state to me the facts and circumstances connected in face of the fact that the use of the Army is hedged about by con­ with that council and allow me to make use of your name Y" He stitutional provisions that render its abuse practically impossible; answered, "Yes, Mr. FENN; you can use it on any and all occasions." yet gentlemen propose by this amendment to pass over the small In accordance with that permission I will say that he told me that remnant of.Indians, whether in peace or war, permanently to the on the evening before the council a large number of representative controlof theArmy. I am not readytovote for snchanamendment. men of the trjbe came to him-and, by the way, at that time he lived I do not believe the Indians are wholly bad, or in all cases in the only two miles from the agency where the council was held-they came wrong. On the contrary, everybody agrees that for generations the to him and aaked him to come down to be present at the council, say­ history of our dealings wi'th them abounds in broken treaties upon ing they did not believe the proceedings of the council would be our part and, in too many instances, absolute bad faith. I am in properly represented to the Government by the ~gent unless he went favor of keeping faith with them, of civilizing and Christianizing there. Pursuant to the request he went to the council and there them, and to do this successfully we ~nust teach them to do right for read the instructions given to the agent... He remained there and the the sake of right and grow to self-government. It will not do to say vote was taken, and of the representativ-e men of the tribe there were this is impossible, for the condition of the Cherokees and other tribes one hundred and seventeen for the transfer and six against it. The in the Indian Territory show that .it is possible. For these and other agent made a long speech against the transfer, contrary to his express reasons that I cannot give in five minutes I am opposed to the trans­ instructions from the Department. But let the report of Captain fer of the Indian Bureau to the War Department, and will vote Falck speak for itself. I read from page 45 of the report of the joint against the amendment. -<:ommission on the transfer, but before I do so I will state that in the [Here the hammer fell.] -evidence taken by the commission; commencing on page 80, there are The CHA.ffiMAN. The gentleman's time has expired. five pages of statements from reports of councils held under the in­ Mr. ITTNER. I am opposed to the transfer of the Indian Bureau structions of July 18, 1878, and the mass of them, I believe, are as to the War Department at this time and in the manner it is sought unreliable as those of Monteith. It would be as contrary to the rule to be accomplished. Of course I concur with great pleasure in all of -of action of an Indian agent to allow an Indian council to express the high compliments that have been paid to the Military Department .an unbiased opinion as it would for him to faithfully report their of the Government and to the Army in general, and I am glad here real state and condition, when by so doing he would tacitly admit his to bear my testimony to the high appreciation in which I myself hold own inefficiency and corruption. the honored head of that Department and the Army under his con­ Let the straightforward report of the council, made by Captain trol, but this question in my opinion has not been sufficiently dis- Falck, be comp

1879. CONGRESSIONAL RECORD-'HOUSE. 1141 ' fore, two methods of accountability in the management of the same motion for any reasonable time, but it is very obvious that if tbere is branch of the service. no limit made to the debate it will extend until midnight. It is very I am OJiposed to tB.e amendment offered by the gentleman from important that this bill shall be acted upon as soon as possible, and Massachusetts [Mr. BUTLER] and to the substitute offered by the gen­ I therefore adhere to my motion. tleman from California, [Mr. PAGE,] because they do not remedy, but Mr. KEIFER. Let debate be limited t o half an hour. intensjfy, this very difficulty. I hope, therefore, that if this Com- . Several MEMBERS. Oh, no! mit tee of the Whole does nothing else, it will not further trammel this Mr. HANNA. I move to amend the motion of the gentleman from question by adopting the amendments which have been offered, be­ New York by striking oot "two minutes " and inserting "thirty min- cause they do not present any solution of the problem, bot will make. utes." • · the management of Indian affairs more difficult than it now is. The amendment was not agreed to. . Gentlemen assert that to make this transfer will stop all the efforts Mr. KEIFER. I move to amend by striking out "two minutes " now being made to civilize and Christianize this people. I deny it. and inserting "fifteen minutes." What does the amendment I have offered propose to do f Nothing The amendment was not agreed to. ' · more and nothing less than to substitute in the administration of the Mr. LUTTRELL. I rriove to amend so as limit debate to ten min­ financial affairs of tho Indian department. a military officel' in place utes. of a civilian; nothing more. It will not necessitate tl.te presence of a The amendment was not agreed to. single soldier who is not now obliged to be employed in the Indian The question being taken on the motion of Mr. HEWITI', of New country; not one. It simply substitutes a military officer for a civilian, York, that debate in Committee of the Whole on the pending amend­ and leaves your present civilizing and Christianizing influences to go ment and amendments thereto be limited to two minutes, it was on. For one I bid them all God speed. agreed to. I, too, have been among the Indians, both civilized and uncivilized. Mr. HEWITT, of New York. I •now move that the House again I undert.ake to say here to~day, without time to give my reasons and resolve itself into Committee of the Whole to resume the consideration present· proofs, that there is not on all our broad continent a single of .the Army appropriation bill. tribe of Indians that are pure-blooded Indians who are either an agri­ The motion wa.a agreed to. cultural people or capable of being made so. The chief advantages The House accordingly resolved itself into Committee of the Whole, from civilizing influences w.hich we have seen upon the plains and in (Mr. EDEN in the chair,) and re~mmed the consideration of the bill the Indian Territory are among those Indians of mixed· blood. Those (H. R. No. 6145) making appropriations for the support of the Army tribes that were wild Indians a hundred years ago, Ind~ans of pure for the fiscal year endi?_~ June 30, 1880, and for other purposes. extraction, if they are not wild to-day, are at least nothing more than The CHAIRMAN. All debate on the pending amendment and all semi-civilized. They are not agriculturalists and never will be. Some­ amendments thereto is limited to two minutes. how or other the nature of the Indian is not adapted to agriculture. Mr.STEWART. Thegentl!fmanfromNewYork[Mr.HEWITr]very He may be a herdsman, but he cannot be made an agriculturist. kindly gives me one minute in which to djscuss this momentous ques­ I am told further that the transfer of this Indian Bureau to the tion. I ask leave to have llly remarks printed in the RECORD. War Department will add largely to its cost. You have been told There being no objection, leave was granted. [See Appendix.] here, and the statement has been used as an argument, that while Mr. HEWITT, Of New York. I ask unanimous consent that any the cost of transportation for the Indian service under the Interior gentleman desiring to have remarks on this subject printed in the Department has amounted to only about $225,000 a year, the cost of REcoRD have such leave. transportation under the War Department has amounted to $4,000,000; There being no objection, leave was granted. I beg leave to call the attention of gentlemen to the·report of the Mr. HEWITT, of New York. I now yield one minute to my col­ Secretary of War for a full explanation of why that is the case. It league, [Mr. Cox, of New York.] will be found that during the past fiscal year the War Department Mr. COX, of New York. Mr. Chairman, three years aO'O I under­ moved 79,260 passengers, 11,400 animals, and 109,261 tons of military took to debate this matter at length, the House kindly allowing me material. When the Secretary of the Interior was before our com­ nearly two boors for the discussion. I have not had occasion to mittee and examined upon that subject he said that he had seen the change the opinion which I then expressed. Although I believe the statement in the papt~r in regard to the cost of transportation. I Army will always be used more or less in dealing with the wild In­ called his attention to the fact, and, as gentlemen will see by turning dians, yet I believe it would be exteriD.i.}lation of both the wild and to his evidence, which I have not time now to read, he stated that it the civilized Indians to make this transfer. was not a fair test of the cost of the two Departments in the matter If I had time I could show that this transfer would not be an eco­ of transportation. nomical measure, but would result in an increase of expense. It was Mr. Chairman, I have no time for argument, but whence comes all stated the other day by a distinguished m~mber of the Committee on this ado about removing the management of the Indian affairs from Appropriations that from some examination he had made into the the Interior Department to the War Department T I am not aston­ cost of transportation, he believed that in the Army the cost of trans­ ished that every appliance is brought to bear against it by the In­ portation is almost double the cost of transportation for the Indian dian department, because it means this and nothing more : that if service. this hureau is removed to the War Department then seventy-four In­ If the people on our border require the protection of the Army I dian agents must retire to the shades of private life; seventy-four am willing to give them soldiers of their own for that purpose. official heads must fall into the basket, and the Commissi.oner of In­ [Here the hammer fell.] dian Affairs himself. with all his patronage, must also retire from his The CHAIRMAN. All debate on the pending amendment is ex­ present official position. · hausted. The first question will be upon the amendment offered by [Here the hammer fell.] t.hegentlemanfromMassachusetts [Mr. BUTLER] to the amendment of Mr. HEWITT, of New York. If it is in my power to yield for one the gentleman from Kentucky, [Mr. Boo:NE.] · minute to the gentleman from Michigan, (Mr. CONGER,] I will do so. The amendment of Mr. BUTLER was read, as follows: Mr. COX, of New York. Will my colleague allow me one mo- After the words "board of Indian commissioners or othe; wise" insert "of all ment Y . tribes of Indians who within five years last past have dono hostile acta to the peo­ ple of the United States in the nature of war, or who may hereafter commit such The CHAIRMAN. If there is any further debate allowed, the acts." Chair is under obligatiQn to recognize the gentleman from South Carolina, [Mr. RAINEY.] . The question being taken on agreeing to the amendment, there Mr. KElFER. Let the debate go on for half· an hour longer. were-ayes 15, noes 57. _Mr. HEWITT, of New York. I will take the sense of the Commit­ . So (no further eount being called for) · the amendment was not tee of the Whole on the motion that the committee nl>w rise for the agreed to. · purpose of closing debate. Mr. COLE. I move to amend the amendment of the gentleman The motion was agreed to. from Kentucky by adding at the end of the fifth paragraph the fol­ The committee accordingly rose; and Mr. Cox, of New York, hav­ lowing: ing taken the chair as Speaker pro tempore, Mr. EDEN reported that Whenever proposals are invited by the qua.rtermaater or commissary at any point for Army or Indian supplies, he shall re9. uire the said supplies to be inspected pursuant to t.he order of the House the Committee of the Whole on =~libi7:f3!:0 the quartermaster or commiSsary n earest to the ~lace of the snc- the state of the Union .had had under consideration the bill (H. R. No. 6145) making appropriations for the support of the Army for the The amendment was agreed to. • fiscal year ending June 30, 1880, and for other purposes, and had Mr. JACOBS. I move to amend the amendment of the gentleman c8me to no resolution thereon. from Kentucky uy inserting immediately before the repealing clause Mr. HEWITT, of New York. I move that the rules be suspended these words: , and·the House now resolve itself into Committee of the Whole 4>n the That all Indians desiril'lg to take lands under the homestead or pre-cmptinn state of the Union, for the purpose of proceeding with the considera­ laws shall be permitted to do so; and when an Indian thus takes land and lives tion of the Army appropriation bill;. and pending that motion I move upon it in good faith he shall be free from the control of Indian a,;erlts. that all debate upon the pending amendment and amendments thereto Mr. BUCKNER. I make the point of order that' this amendment is be limited to two minutes. · ~~~ . Mr. KEIFER. I hope the gentleman will extend the time for half The CHAIRMAN. The Chair sustains the point of order. The an hour. I think there are some very important things which can be amendment is not admitted. said upon this amendment which have not been referred to. It is a The question then recurred on thefollowingamendmentoffered by very important amendment. Mr. PAGE as a substitute for the amendment of Mr. BooNE: Mr. HEWITT, of New York. I would be disposed to modify my That tho President be authorized, and he hereby is authorized, to tr:msfer tho 1142 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 8,

custOdy, control, and management of any of t1le Indian tribes from the Interior to the Wa•· Department temporarily, whenever in his judgment he shall deem it The CHAIRMAN. That is not a question of order for the Chair to advisable so to do, either on account of aetnal or apprehended hos.tilities on the decide, but is a question of p@licy for ihe House to settle for itself. ~ . f:~f::st!•~l~:tY.~:S~gainst the United State~ or in case of difficulties between such Th~ Qhair migp.t .;tlt\nk he should have a right to buy from a colored man, but it is not within the province of the Chair to so decide. S&c. -. The President is hereby authorized to detail anr, officers of the Army to act as Indian agents or inspectors, or in -any other capamty in the Indian service Mr. RAINEY. I move to modify the amendment by striking out as in bis judg__ment be may deem advisable, such officers to exercise the same J?OWers the word "white." ancl be subjecli to the same rules and regulations as are now provided by law for Mr. JACOBS. I accept that modification 'of my amendment. officers iri. the Indian service, and when so detailed such officers shall be entitled Mr· sqALES. Indians have no right to take homesteads on their · · to traveling expenses. SEc. -. To pay (,be traYeling' expenses of officers of the Army while serving on reservationt for under the law the -reservation cannot . be divided detail, a-R l\boveprovided, there is hereby appropriated for the fiscal year commenc­ among the Indians. ina July 1, 1879, and ending June 30, 1880, the sum of 15.000. The CHAIRMAN. This does not give them any additional right. §Ec. -. All acts or parts of acts inconsistent or in contiict with the provisions of It does not make any new law on the subject, but onlv if they hava . ·,; this act are hereby r~pealed. , that right the law is applicable. • . ~he question being taken on agreeing to the substitute, there were- The committee divided; and there were-ayes 75, noes 31. ayes 57, noes 75; no quorum voting. So 1\ir. JACOBs's amendment, as modified, to the amendment was Tellers were ordered; and Mr. PAGE and Mr. BooNE were appointed. agreed to. The Committee divided ; and the tellers reported-ayes 67, noes 9-2. The question recurred on Mr. BooNE's amendment as amended. So the amendment of Mr. PAGE was not agreed to. The c~mmittee divided; and there were-ayes 78, ·noes 86. Mr. PHILLIPS. I desire to offer the :following amendment, which Mr. BOONE demanded tellers. - I hope my friend from Kentucky [Mr. BooNE] will accept: ..- Tellers were ordered; and Mr. BOONE and Mr.PAGEwereappointed.. At the end of the eighth paragraph of the amendment of the gentleman from The committee again divided; and the tellers reported-ayes 88, Kentucky insert the following: noes 101. · Save in aH. cases where by treaty s tipnlation a different disposition of any funds belonging to any tribe of Indians is otherwise provided for. ' So the amendment was disa~eed to. •Mr. BOONE. I am not authorized to accept that amendment. Mr. GOODE. I offer the folfowing independent section to come iD. The amendment was not agreed to. · at the end of the bill. . · · Mr. JACOBS. I move to amend the amendment of the gentleman The Clerk read as follows : from Kentucky by inserting before. the repealing clause the follow­ The Secretary of War shall be autholized to detail an officer of · the Army not ing: above the rank of captain for special duty in reference to Indian education. Whenever an Indian takes land under the homestead or pre-emption law, and goes upon said land to live in good faith, or purchases land from white men and Mr. GOODE. That is in accordance with the request made this lives upon and cultivates the same, he shall be free from the control of Indian morning in a letter read from the Secretary of War. I will state for agents. the information of the House there ate now at the Hampton Normal Mr. SCALES. I make the point of order that this amendment is Institute, Virginia, sixty-seven yonng Indians brought from the west­ not. germane. ern plains by Captain Pratt. This experiment is attracting the atten­ Mr. JACOBS. I wish to be. heard upon the point of order. The tion of the country, and so far has proved successful. Captain Pratt object of the amendment of the gentleman from Kentucky, as I un­ has attained extraordinary skill and tact in the management of these derstand, is that the management?~ the Indians shall be turned over boys and girls, and it seems such authority would tend to promote from the Departm~mt of the Intenor to the War Depar.me:at. . The the advancement of Indian education. . gentleman's amendment relates to the control of the Indians by the The amendment was adopted. agents having them in charge, whether they be military agents or Mr. HEWITT, of New York. I move the committee rise and report agent.s appointed under the existing system. Now, it is well known the bill and amendments to the Honse. to every gentleman who bas examined this subject that an Indian The motion was agreed to. may take land under the homestead and pre-emption laws; but if he The committee accordingly rose ; and the Speaker having resumed does so, or purchases land from a white man for the purpose of settle­ the chair,..Mr. EDEN reported that the Committee of the Whole on tha m('nt and cultivation, he is liable at any time to be ordered upon the stat-e of the Union had had under consideration the bill (H. R. No. . Indian reservation. The object of the amendment is to allow Indians 6145) making appropriations for the support of the Armv for the fiscal . . to purchase or take lands under the homestead or pre-emption laws of year ending June 30, 1880, and for other purposes, andu had directed · the United States, and to allow them, where they go upon those lands him to report the same back to the House with sundry amendments. • in good faith under the homestead or pre-emption laws and 1ive there, Mr. HEWITT, of New York, demanded the previous question on the to ,be free from the control of Indian agents and not liable to be bill and amendments. ordered off and back to Indian reservations. The previous question was seconded and the main question ordered. · Mr. PHILLIPS. Would not this amendment give a single Indian Mr. HEWITT, ofNew York, moved to reconsiderthevote bywhich the power to open an Indian reservation' the main question was ordered; and also moved that the motion to Mr. JACOBS. No. I hope I will be allowed to show why that reconsider be laid on the table. wo11d not be the case. · · The latter motion was agreed to. Mr. SCALES. I insist the gentleman shall confine himself to the The SPEAKER. The first amendment reported by the Committee point of order. of the Whole will be read. The CHAIRMAN. Does the gentleman say that under existing law The Clerk read as follows : any Indian can take a homestead or pre-emption upon the public In line 66, after the word " telegrams," add the words: lands 7 And telegrams are authorized to be transmitted by railroad companies whioh Mr. JACOBS. Yes, sir. may have telegraph lines for the Government and for the general public at rates We have a bill to be fixed by the Government acoordingtotheprovisions of title65of the Revised Mr. SCALES. I do not so understand the law. Statutes, and also for. now before the committee on that very subject. Mr. JACOBS. I know they are constantly taking up lands under Mr. TUCKER. I call for the yeas and nays on that amendment. the homestead and pre-emption laws. The yeas and nays were .not ordered, only 12 members voting The CHAIRMAN. If that is the law the amendment is in order. therefor. · Mr. SCALES. It is not the law, and there is a bill before the com­ The amendment was agreed to. mittee to accommodate the very purpose the ~entleman has in view. Mr. BUTLER moved to reconsider the vote by which the amend­ Mr. BANKS. The amendment seems to be m order. ment was agreed to; and also moved that the motion to reconsider The CHAIRMAN. The amendment is in order if there is such a be laid on the table. law. The latter motion was agreed to. lir. JACOBS. In Washington Territory, under directions sent out The next amendment on which a division was asked was that in by the Secretary of the Interior, Indians, by submitting certain proofs, reference to the reorganization of the Army, which has heretofore are allowed to go into the various land offices of that Territory and been printed in the RECORD. avail themselves of the benefit of the pre-emption and homestead · Mr. BUTLER. I ask unanimous consent to dispense with the read­ laws just as much as white men. I know it has been done. There ing of that amendment ; everybody knows what it is. are hundreds of them who have done it. The SPEAKER. The Chair is advised that some amendments were The CHAIRMAN. If there is a law under which any Indian can made to it. occupy lands under the homestead and pre-emption laws, then thi8 Mr. WHITE, of Pennsylvania. They were merely focmal amend­ amendment is germane. ments, and were unanimously adopted. Mr. },RANKLIN. I think there is such a law. There being no objection, the reading of the amendment was dis- r.'he CHAIRMAN. This does not enlarge the right at all, but only pensed with. · • provides when they do it under existing law these Indian agents shall Mr. GARFIELD. I call for the ·yeas and nays on agreeing to the not have the right to remove them from the lands. amendment. Mr. HOOKER. Show the law. . Mr. EDEN. What amendment is that f The CHAIRMAN. The Chair overrules the point of order. The SPEAKER. It is the amendment which was inserted in the Mr. RAINEY. I make the point of order that this amendment pre­ bill on the motion of the gentleman from Pennsylvania, [Mr. WHITE,] cludes an Indian from bnying lands from any person but a white a member of tha Army commission. man. The yeas and nays w~re ordered. ..

1879. CONGRESSIONAL RECORD-HOUSE. 1143 j. t '- ~ I -~~ ------~------.------~------The question was taken; and tkere were-yeas 116, nays 92, not Mr. HENKL'E. I am paired with Mr. CLA.FLIN. If he were here, I voting 81; as follows: would vote" ay." YEAS-116. Mr. BAKER, of Indiana. Upon this question I am paired with Mr. AckJen, Cox, SamuelS. Hartzell, Rice, .Americus V. BLOUNT, who is absent by leave of the House. . If he were.present, .Aiken, Crnvens, Hatcher, Robbins, he would vote " ay" and I should vote "no." • Banning, Crittenden, Henry, ~ Ryan, Beale, Davidson, Herbert, Scales, Mr. BOYD. Upon this question I am paired with my colleague, Mr.. Bell, Davis, Joseph J. Hewitt, AbramS. Sinuleton, KNAPP. If present, he would vote" ay" and I should vote'' no." Benedict, D oan, Hewitt, G. W. smfth, William E. Mr. PAGE. My colleague, Mr. DAVIS, is paired with my other col- Bicknell;; Dibrell, Hooker, Southard, Blackburn, Dickey, ' House, Sparks, league, Mr. WIGGINTON. - Bliss Dnrham, Jones, Frank Steele, Mr. SINNICKSON. I am paired with my colleague, Mr. CLARK. If Boone, Eames, Jones, James T. Strait, present, he would vote "ay" and I should vote "no." ·nouck, Eden, Kenna, Swann, Mr. NORCROSS. Mr. ROBINSON, of Massachnsetts, is paired with Brill~es, Eickhoff, Landers, Throckmorton, Bright, Elam, l.igon, Towne.hend, R. W. Mr. . ROBERTSON, and I flesire to announce also' that Mr. HA.Rrus, of Brogden, Ellis, Luttrell, Tucker, Massachusetts, is paired with Mr. KIMMEL. . : - · Buclmer, Ewing, Maish, Turner, . Mr. MAJORS. I am paired with the gentleman from Texas, Mr. Bundy. Felton, Manning, Turney, CuLBERSON. If he were hero, I should vote "no." Burdick Finley.. :Martin, Vance, Cabell, Franklin, McKenzie, Veeder. Mr. TIPTON. I am paired with my colleague, Mr. SPRINGER. Caldwell, John W. Fuller, McMahon, Waddell, 1\Ir. OVERTON. 1\Ir. BAYNE is paired with Mr. Ross. If present, Caldwell, W. P. ' Garth, Mills, Warner, Mr. BAYNE would vote "no" and Mr. Ross" ay." · Candler, Giddings, Money, White,Han-y Mr. STONE, of Iowa. My colleague, 1\Ir. SAPP, is paired• with Mr. Chalmers, Glover, Morgan, Whitthorne, ClarkeofKentucky, Goode, Morrison, Williams, James GAUSE. If Clark of :Missouri1 Gunter, Morse, Williams, JereN. Mr. METCALFE. I am paired with my colleague, Mr. BLAND. Clark, Rush llamilton, Muldrow, , Willis, Albert S. present, he would vote" ay" and I should vote'' no." · · Clymer.- · Hardenbergh, Patterson, T. M. Wilson, Mr. DA.l'\TFORD. I am paired on this one vote with my colleague, Co\lb, · Harris,HenryR. Pollard, Wright, Collins, Harris, JohnT. P..ea., Yeates, Mr. SAYLER. If present, he would vote "ay" and I should vote "no." Cook, · ~n, Rea.gaD, Young, JohnS.- Mr. EAMES. I desire to ann<>unce that my colleague, Mr. BALLOu, NAYS-92. is absent by leave of the House. ·1\lr. HASKELL. I am p!l.ired with Mr. KNorr. Aldrich, Denison, Ke~~htley, Price, Bacon, Dunnell, Kelley, Rainev, Mr. ELLSWORTH. I am paired with Mr. LOCKWOOD. If present, Bagley, Dwight, Ketcham, Randolph, he would vote." ay" and I should vote "no." :Bailey, -·· .. ' Evans, James L. Killinger, ; Rice, William W. Mr. WATSON. I am paired with Mr. CARLISLE. If he were pres­ Blair, Fort, Lapham, Robinson, M. S. ent, I , should. vote" no." Brentano, Foster, J ... athrop, ", Sampson, Brewer, Gardner, Lindsey, Shallenberger, },.fr_ TUCKER. Mr. HUNTON is paired with 1\lr. HiscOCK. Briggs, Garfield, Loring, Smalls, Mr. CANNON, of Illinois. I am paired with Mr. SLEM:ONS. If he Browne, Hale, Marsh, Smith, A. Herr were present, I would vote "nG" and I suppose he would vote " ay .'' Burchard, Hanna, McGowan, Starin, Mr. HART. I am paired with Mr. MACKEY. Butler, Harmer, McKinley, Stewart; Cain, • Hayes, Mit

NAYS-95. Mr. SINNICKSON. I am paired with my colleague from N'ew Jer­ Aldrich, Dunnell, Kelley, Rice, William -w. sey, Mr. CLARK. If he were. present, he would vote "ay" and l . Ba-con, Dwight, - Ki11inger, Robinson, :M. S. Bagley Eames, Lapham, Ryan, should vote "no." Bailey, Evoos, James L. Lindsey, sampson, Mr. MAJORS. I am paired with the gentleman from Texaa, Mr; Blair, Fort, Marsh, Shallenberger, CULBERSON. If he were present, I should vote "no." Brentano, Foster, McGowan, Smalla, Mr. BAKER, of Indiana. . I am paired with the gentleman from Brewer, Gardner, McKinley, Smith, A. Herr Brigp;s, Garfield, Mitchell, Starin, Georgia, Mr. BLOUNT, who is absent by leave of the House. If he Bundy, Hale, Monroe, Stewart, were present, he would vote "ay" and I should vote "no." BurCliard, Hanna, Neal, Stone, Joseph C. Mr. OVERTON. My colleague, Mr. BAYNE, is paired with the Bllrdick, Hanner, Norcross, Strait, gentleman from New Jersey, Mr. Ross. If both gentlemen were. Calkins, Hayes, Oliver, Thompson, Camp Hendee, O'Neill, Tipton, present, Mr. BAYNE would vote ~'no" and Mr. Ross, I presume, would Camp'bell, Henderson, Qverton, Towns-end, Amos vote "ay." Cannoh, RubbeD, Page, Townsend, :M. I. Mr. BUTLER. I do not know whether I ought to vote. I had Ca-swell, Humphrey, Patterso•, G. W. Van V9rhes, some conversation with a gentleman about pairing with hi~ J do­ Clark, Rush HUDJl:erford, Peddie, Wait, Cole, Hunter, Phillips, Ward, not know whether he is now present. I therefore decline to vote. Conger, Ittner, Pollard, White, Harry M I were at liberty to vote, I should vote "no." . Cox, Jacob D. James, Pound, Williams, C. G. Mr. RICE, of Massachusetts. My colleague, Mr. CLAFLIN, is paired Cummings, Jones, John S. Powers, Williams, Richard with the gentleman from Maryland, Mr. HENKLE. My colleague, if Danford, Joyce, Price, Willits, Deering, Keifer, Rainey, Wren. here would vote "no." Denison, Keightley, Randolph, lfr. STONE, of Michigan. I ·am paired with the gentleman from NOT VOTING-84. Ohio, Mr. SAYLER. If he were present, I should vote "no." Eaker, John H. Crapo, · Ketcham, Robinson, G. D. Mr. ELLSWORTH. I am pa.irell with the gentleman from New Baker, William H.' Culberson, Kimmel, :Ross, York, Mr. LOCKWOOD. Were be present, I should vote in the nega- :BaJlou, Davis, Horace Knapp, Sa:pp, tive. e Banks, Ellsworth, Knott, Sayler, Bay.ae, Errett, Landers, Sexten, Mr. WATSON. I am paired with the gentleman from Kentucky,. Beebe, Evans, L Newton Lathrop, Shelley, Mr. CARLISLE. If he were here, I should vote "no." · Bisbee, Evins, John H. Lock:WI)od, Sinnickson, Mr. PAGE. :My · coll~agne from California, Mr. DAVIS1 is paired Bland, Forney, Loring, Slemona, with my colleague, Mr. WIGGINTON. Blount, Freeman, Lynde, Springer, Boyd, Frye, Ma(}key, · Stenger, Mr. HENKLE. I am paired with the gentleman from Massachu­ Bra~g, Fuller, Majors, Steplienat setts, Mr. CLAFLIN. Briap;es, Gause, McCook, Stone, J onn W. The result of the vote was announced as above stated. Browne, Gibson, Metca1fe, Thornburgh, Mr. HEWITT, of New York, moved to reconsider the vote by which ButJ.er, Harris, Benj. W. Muller, WaJker, Cain, Harrison, , Pridemore, Walsh, the amendment was adopted; and also moved that the motion to­ Carlisle, Haskell, Pugh, Watson, reconsider be laid on the table. Chittenden, Hazelton, Reed, White, Michael D. The latter motion was agreed to. . Claflin, Henkle, Reilly, Wip;,p.nton, The next amendment reported from the Committee of the Whole Clark, Alvah A. Hiscook, Riddle, Williams, Andrew Clymer, Hunton, Roberts, Willis, Benj. A. was to add as a new section the following : Covert, Jorgensen, R{)b!>rtson, Wood. That the Secretary of Wa.r be authorized to issue to any established college or­ university of the United States having capacity to educate at the same time not So the amendment was agreed to. less than one hundred and fifty male students, at his discretion and untler proper­ During the roll-call the following announcements were made : regulations to be prescribed.by him, out of any small-arms or pieces of field artil­ :Mr. COX, of New York. My colleague, Mr. MULLER, has gone from lery belonging to the Government and which can be spared for that purpose, suoh the House ill. He is paired with my other colleague, Mr. KETCHAM. number of the same as may appear to be required for military instructioa and practice by the students of such college or university; and the Secretary shall Mr. KETCHA.l11 would vote "no" and Mr. MULLER "ay." require a bond in each caae in double tne value of the propertcy- for the care and Mr. EVINS, of South Carolina. I am paired with Mr. McCooK, of safe-keeping thereof, and for the rp_furn of the same when reqwred. New York. If he were present, I would vote "ay" and Mr.McCooK The amendment waa agreel\ to. · "no." Mr. HEWITT.,~ of New York, moved to reconsider the vote by which Mr. EDEN. My colleagues from IDinoif:l, Mr. KNAPP and Mr. Bow, the amendment waa adopted; and also moved that the mGtion tore­ are paired. Mr. KNAPP would vote "ay" and Mr. BoYD "no." Mr. consider be laid on the table. KIMMEL, of Maryland, is paired with.Mr. HARRis, of Massachusetts. The latter motion was agreed to. - Mr. COVERT. I am paired with Mr. BAl\"'KS, of Massachusetts. If The next and last amendment reported from the Committee of the he were present, I should vote "ay" and he would vote "no." My Whole was to add as a new section the following: colleagues from New York, Mr. BEEBE and Mr. BAKER, are paired. SEC. -. That the Secretary of War shall be authorized to detail an officer of the­ I do not know how they would vote on this question. Army, not above the rank of captain, for special duty with reference to Indian: · Mr. McKENZIE. My colleague from Kentucky; Mr. CARLISLE, is education. paired with Mr. WATSON, of Pennsylvania. Mr. CARLISLE would The amendment was agreed to. . vote "ay,'l and Mr. WATSON "no." Mr. HEWITT, of New York, moved to reconsider the vote by which Mr. BOUCK. My colleagues from Wisconsin, Mr. HAzELTON and the amendment was adopted; and also moved that the motion to re­ Mr. LYNDE, are paired. lfr. LYNDE would vote "ay" and Mr. RA­ consider be laid on the table. ZELTON would vote" no." My .colleague, Mr. BRAGG, i~; paired with The latter motion was agreed to. Mr. BISBEE, of Florida. }lr. BRAGG would vote "ay" and Mr. BIS- Mr. WHITE, of Pennsylvania. I ask unanimous consent that the· BEE would vote "no." · Clerk be authorized to renumber the sections of this bill as may "he Mr. GAUSE. I am paired with t"IJ.p gentleman from Iowa, Mr. proper in consequence of the new sections inserted by way. of amend­ SAPP. If he were present, he would vote in the negative and I ment. should vote in the affirmati""e. My colleague, Ml·. SLEMONS, is paired There being no objection, it waa ordered accortlingly. with the gentleman from Pennsylvania, Mr. FREEMAN. Mr. SLEMONS, Mr. HEWITT, of New York. I ask unanimous consent that the if present, would vote "ay" and Mr. FREEMA.L'f "no." gentleman from Texas [Mr. GIDDINGS] be permitted to offer an amend­ Mr. COBB. My colleague, Mr. SEXTON, is paired with the gentle­ ment which lte intended to offer in Committee of the Whole, but was. man from Illinois, Mr. SPRIN?ER. accidentally denied the opportunity to submit. I looked for him at Mr. SPARKS. I think that is certainly a mistake. Mr. SPRINGER the time to call his attention to the matter, but failed to see him. I is paired with Mr. TIPToN. feel bound to ask consent that he may offer the amendment. I do not Mr. CLYMER. lam paired with mycolleagnefrom Pennsylvania, myself assent to it. I merely wish he may have a chance to offer it. :r Mr. EvANS. If he were present, I should vote "ay." ask that the amendment be considered in the House as in Committe& Mr. TUCKER. My oolleague, Mr. HUNTON, is abs~nt by order of of the Whole. the House• and is paired with the gentleman from New York, Mr. Several MEMBERS. Let it be read. HiscocK, My colleague, if present, would vote "ay." The SPEAKER. The amendment~ll be read, subject to objection. . Mr. LANDERS. I am paired with the gentleman from Rhode The Clerk read as follows : · Island, Mr. BALLOU. If·he were preseBt, he would vote ''no" and I SEC. -. That section 6 of the ad a_pproved J nne 18, 1818, making appropriations should vote" ay." for the support of the Army l_Je, and 1s hereby, repealed: Pro~ That when _the Mr. POLLARD. My colleagues, Mr. BLAND and Mr. METCALFE, are economy of the service reqwres, the Secretary of War shall direct the establish­ ment o1 military headquarters at points where suitable buildings are owned by the paired. . 1 Mr P . Mr. DENISON. The gent eman from v·rrgm1a, . . . RIDEMORE, 1s Government. paired with th'e .,.entleman from New York, Mr. WILLIAMS. Mr. GARFIELD. That is right; it is in the interest of economy. Mr. NORCROS~.- My colleague from Massachusetts,Mr.ROBINSON, Mr. HEWITT, of New York. I ask that the section of the law is paired with the gentleman from Louisiana, Mr. RoBERTSON. If which the amendment proposes to repeal be read. they were present, M:r. ROBINSON would vote "no" and Mr. ROBERT­ The Clerk read as follows: SON c: ay." My colleague from Massachusetts, Mr. HARRIS, is paired SEC. 6. That hereafter, in time of peace, all military headquarters, except Army . headquarters, shall be, established ~nd. maintained at points where the ??v;ern­ with the gentleman from Maryland, Mr. KIMMEL. ment own buildings or barracks, Within the several departments and diVIBtons, Mr. BROWNE. I am paired with my colleague, 1\fr. FmER. If and in such buildinas or barracks, and not otherwise, unless the Secretary of War­ he were present, I should vote " no." shall by as order in"'writing otherwi.se direct. •

• 0 1879. CONGRESSIONAL RECORD-HOUSE. 1145

Mr. HEWITT, of New York. I submit that the amendment of the reports of the committees of conference on bills of the following gentleman from Texas is substantially the law as embrac~d in sec­ titles: tion six just read. I have taken as much pains as I could to see · A bill (H. R. No. 5534) making appropriations for the current and whether the amendment would change the law in any respect, and contingent expenses of the Indian department, and for fulfilling I eannot find that it will do so. I think the existi-ng law provides treaty stipulations with various Indian tribes, for the year ending fully for the matter. . J nne 30, 1880, and for other purposes; and Mr. GIDDINGS. Under existing law the Secretary of War has no A bill (H. R. No. 5180) to abolish the voluntee~navy 9f the United discretion in this matMr. He asks the adoption of this amendment States. · • so as to allow him that discretion which the gentleman from New The message also announced that the Senate had passed without York claims. he has under existing law,-but which the Secretary him­ amendment a bill (H. R. No. 1077) to relieve certain legal disabilities self has ruled he has not. of women. The SPEAKER. Is there unanimous consent that the amendment The message further annouhced that the Senate had agreed to the be agreed to ' . amendment of the Honse to the resolution of the Senate providin~ Mr. HEWITT, of New York. My request was for unanimous con­ for printing extra copies of the report of the Commissioner of Fish sent that the amendment be considered as in Committee of the Whole and Fisheries for the year 1877-'78. and voted upon. UTE Th"'DIANS, COLORADO. The SPEAKER. The Chair presumed that if no gentleman ob­ jected to the consideration of the amendment, no one would vote The SPEAKER laid before the House the following: against it. That did not seem to be a violent presumption. To the &nate and HotUie of Repesentatives: Mr. HEWITT, of New York. I propose to vote against the amend­ I transmit herewith for the consideration of Congress the report of the commis­ sion appointed under the provisions of the act approved May 3, 1878, entitled "An ment. a{lt authorizing the Presid~nt of the United States to make certain negotiations The SPEAKER. As the gentleman from New York draws a dis­ with the Ute Indians i~ the State of Colorado, " with copies of letters from the tinction between unanimous consent to offer the {Lmendment and Secretary of the Interior and the Commissioner of Indian A.ffairs, and accompa- nnairlmous consent for its adoption, the Chair~ first submit to the nying documents. · R. B. HAYES. · House the question whether the amendment be entertained. ExECUTIVE M.L~siOx, Fehruary 8, 1879. ' There being no objection, the amendment was received. .· The _question being then taken on agreeing to the amendment, it The message of the President, w"ith the a-ccompanying papers, was was adopted. · referred to the Committee on Indian Affairs, and ordered to be printed. Mr. GIDDINGS moved to reconsider the vote· by which the amend­ NAVAL APPROPRIATION BILL. ment was adopted ; and also moved to lay the motion to reconsider on the· table. . Mr. CLYMER. 'fhe Senate has returned to the House the bill(H. R. The latter motion was agreed to. No. 5313) making appropriations for the naval service for the year Mr. BANNING. I ask unanimous consent for the correction of a ending J nne 30, 1880 and for other purposes, and has informed the misprint on page 10 of the amendment of the gentJeman from Penn­ House that it insists upon its amendments disagreed to by the Honse sylvania, [Mr. WmTE.] That section, as printed, provides that as­ and requests a conference on the disagreeing votes of the two Houses. sistant surgeons serving with the rank of lieutenants shall serve as thereon. I move that the request of the Senate be acceded to. such for eight years before bein~ entitled to· the rank of captain. There was no objection. The bill, as we presented it, proVIded that this requirement.sh(luld The SPEAKER appointed Mr. CL YMEK, Mr. BLOUNT, and Mr. HALE not apply to assistant surgeons now in the service. I ask that this as the conferees on the part of the House. correction be made. · LEAVE OF ABSENCE. The SPEAKER. The amendment proposed by the gentleman from By unanimous consent, leave of absence was granted as follows: Ohio [Mr. B.Al\~NG] will be read. · . To Mr. McCooK, for five days, on account of business The Clerk read as follows: To Mr. ROBINSON, of Massachusetts, until Wednesday next, on ac­ In the section organizing the Medical department, after the word ;, thereafter," count of important business; in line 10, add "but this llinitation of eight years sha.ll not apply to the assistant To Mr. HARRIS, of Massachusetts, for one week from Monday next~ surge-ons below the rank of captain now in the service." . and Mr. TOWNSEND, of New York. What is the object of thisamend- To .Mr. THO)IPSON, for ten days, on account of importa_ut businesS. mentY WITHDRAWAL OF PAPERS. Mr. BANNING. I ~iJl explain it. Mr. WOOD Mked and obtained unanimous consent for the with­ Mr. SPARKS. I obJect to the amend~ent. Mr. BANNING. I t.hink there will be no objection if the amend­ drawal from the files of the House of the papers in the ca~e of Joseph ment is understood. It is only to correct a misprint. Lee, first-lieutenant Company B, Sixty-eighth New York Veteran The SPEAKER. The gentleman from Ohio desires to offer an Volunteers; no advetse report. amendruent to correct a misprint in the bill. Is there objection T EVENING SESSION FOR DEBATE. Mr. GARFIELD. I would like to hear the gentlem!J.n's explana­ Mr. KELLEY. I ask unanimous consent that there be held, on Fri­ tion, reserving the right to object. day evening of next week, commencing at half past seven o'clock, a Mr. BANNING. Under existing law assistant surgeons serving session of the House for debate only, no business of any kind to be with the rank of lieutenant may be promoted to the rank of cap· transacted. · tam after five years' service. This bill as amended provides that There was no objection, and it was so ordered. eight years' service shall be required for such promotion ; but the bill Mr. KELLEY moved to reconsider the order just made; ana also- which we submitted provided that this requirement should not apply moved that the motion to reconsider be laid on the table. 1 to assistant surgeons now serving. The latter motion was agreed to. Mr. TOWNSEND, of New York. That seems to be right. ORDER OF BUSINESS. Several MEMBERS. Let the amendment be again rea<}. The Clerk a~ain read the amendment. Mr. HALE. I move that the 'Honse now adjourn. The SPEAKER. Is there objection to this amendment t The SPEAKER. There are a number of executive communications. Mr. DENISON. I object. upon the Speaker's table that ought to be refened to committees. The bill, as amended, was ordered to be engrossed for a third read­ Mr. HALE. I will withhold my motion for the purpose indicated ing, read the third time, and passed. by the Chair. · Mr. HEWITT, of New York, moved to reconsider the vote by which LAKE SURVEY. . the bill was passed; and also moved that the motion to reconsider be The SPEAKER laid before the House a letter from the Secretary laid on the table. of \Var, transmitting a report from Major Comstock relative to the The latter motion was agreed to. cost of the different classes of work on the lake survey from June 30, 1871, to June 30, 1878; which was referred to the Committee on l\IESSA9E FROM THE SENATE. Commerce, and ordered to be printed. A RJessage from the Senate, by Mr. SYMPsoN, one of its clerks, an­ nounced that the Senate insisted on its amendments, disagreed to by KA....~RIVER. the Honse, to the bill (H. R. No. 5231) making appropriations for for­ The SPEAKER also, by unanimous consent1 laid before the House­ tifications and other works of defense and for the armament thereo'f a letter from the Secretary of War, transmittmg· a report of the sur­ for the fiscal year ending J nne 30, 1880,. and for other purposes, had vey by MaJor J. A. Smith, Corps of Engineers, of the Kankakee Rlver; g~reed to the coderence asked by the House on the disagreeing votes which wa-s referred to the Committee on Commerce. of tbe two Houses, and had appointed as conferees on the part of the Mr. CONGER. I ask that that communication be ordered to be Senate Mr. WINDOM, Mr. DORSE~, and Mr. WALLACE. printed. The message also announced that the Senate insisted on its amend­ The SPEAKER. All the communications with regard to the sur­ ments, disagreed to by the House, to the bill (H. R. No. 5313) making veys of rivers and harbors, which are referred to the Committee on appropriations for the naval service for the year ending June 30, 1880, Commerce, will be ordered to be printed. and for other purposes, asked a conference with the House on the dis­ POTOMAC FLATS. agreeing votes of the two Houses, and had appointed as qonferees on The SPEAKER also, by unanimous consent, laid before the House t"4e part of the Senate Mr. WINDOM, Mr. SARGENT, and Mr. BECK. a letter from the Secretary of War, transmitting report of Lieutenant­ The message further announced that the Senate had agreed to the Colonel Ca-sey, Corps of Engineers, of examination of the flats of the- • 1146 CONGRESSIONAL RECORD-HOUSE. FEBRUARY S,

\ f?,otomac River.; which was referredto-:tJ:! 'Qo'mmittee oB. Commerce, the.ls df Jnn~, i86i, ifi contravention of .treaty stipulations; which ' r 3fid ardered to be printed. was referred to the Committee on Foreign Affairs, and ordered to be -~- -.BURLINGTON. HARBOR, IOWA. printed. .. NEW MEXICA.!.~ · PETUCA PRIVATE LAND CLAIM. The SPEAKER· also, by-unanimous•;consent, laid before th'e House a. letter from the Secretary of War, relating to the improvement of The SPEAKER also, by unanimous' consent, laid before the House the Burlington Harbora.'nd Rush Chute, Iowa; which was referred to a letter from the Secretary of the Interior, transmitting additional the Committe~ on Commerce, !IDd ordered to be printed. evidence in the New Mexican private land claim of Petuca; which was referred to the Committee on Private Land Ciaims. •.. CONNEAUT HARBOR, OIDO. ANTI-POLYGAMY LAW. The SPEAKER..also, by unanimous. consent, laid before the House a letterfr®l the Secretary of War, transmitting letter from Major J. .The SPEAKER aiso, by unanimous consebt, laid before the Hense M. Wilson, Corps of Engineers, calling attention to the condition of a letter from the Secretary of the Interior, transmitting certain peti­ Conneaut Harbor, Ohio; which was referred to the Committee on tions for the enforcement of the anti-polygamy law of 1862; wllich Commerce, and ordered to be printeu. · was referred to the Committee on th~ Judiciary. .

, • • • 1 , •• .ARANSAS P A!ls, ETC. Eli.TROLLED BILL 8IGNED. The SPEAKER also, by tmanimous ·consent, laid before the Honse Mr. RAINEY, from the Committee on Enrolled· Bills, reported that ~letter from the Secretary of War, transmitting re.J!)ort of survey of they bad examined and found truly enrolled an act (H. R. No. 3111) Aransas Pass and Bay uv to Rockfort, and of Corpus Christi, Texas, granting a pension to Julia Watkins, widow of Thomas H. Watkins, and Corpus Christi Pass and C,hann~l. late captain Company B, Purnell Legion, Maryland; when the Speaker Mr. GIDDINGS. Let that go to the Committee on Commerce with- signed tho same tOut printing, as we wish to have it acteu on at .once. · CLASSIFICATION OF MAIL MATTE~. The motion was agreed t~. Mr. WADDELL. I ask, by unanimous consent, that Monday nigkt COST OF GEOGRAPIDCAL SURVEYS. be set apart for the further consideration of the bill for the classifi­ The SPEAKER also, by unanimous conseat, laid before the House cation of mail matter and rates of postage. .a letter from the Secretary of the Interior, inclosing communication Mr. CONGER . . If there is to be business I shall insist on the pres- relative to cost of geographical surveys; which was referred to the ence of a quorum. • · Committee on Appropriations, and ordered to be printed. The SPEAKER. The gentleman cau object on Monday night to the want of a quorum, but not now. ARREARS OF l>ENSIONS. Mr. UALE. I object. The-SPEAKER also, by unanimous consent, laid before the House Mr. WADDELL. Does the gentleman ebject to the consideration .a letter from the Secretary of the Interior, transmitting copy of let­ of the billY ter from Commissioner of Pensions, relative to the act approved J anu­ Mr. HALE. I do. . ary 25, 1879, granting arrears of pensions; which was referred to the PATENTS. Committee on Appropriations, and ordered to be printed. Mr. VANCE, by unanimous consent, from the Committee on Pat­ POST-OFFICE DEFICIENCY. ents, reported, as a substitute for sundry bills referred to the commit­ The SPEAKER also, by unanimous consent, laid be~ore the Honse a tee, the bill (S. No. 300) to amend the statutes in relation to patents, . letter from the Postmaster-General, transmitting communication from with a report in writing thereon; which was recomm.i'tted to the Superintendent of Railway Mail Service, in regard to the necessity for same committee, not to be brought back on a motion to reconsider, additional appropriation for the service for the remainder of the fiscal and the report ordered to be printed. year ending June :30, 1879; which was referred to the Committee on N~ VAL ASYLUM, PHILADELPillA. Appropriations, and ordered to be printed. . Mr. MORSE, by unanin:10us consent, introdqced a bill (H. R. No. REDUCTION OF CLERICAL FORCE. 6374) to authorize the assignment of a. rear-admiral on the retired The SPEAKER also, by unanimous consent, laid before the Honse list of the Navy to duty as governor of the Naval Asylum at Phila­ ~letter from the Secretary of ·war, transmitting letter from Commis· delphia; which was read a first and second time, referred to the Com~ sary-General of Subsistence, relative to clerical force and appropria­ mittee on Naval A.ffairs, and ordered to be printed. tion for contingent expenses of his office; which was referred to the REFUND OF DIRECT TAX, Committee on Appropriations, and ordered to be printed. Mr. .SMALLS, by unanimous consent, introduced a bill (H. R. No. TIAY STREET, SAN FRANCISCO. 6375) to authorize the Secretary of the Treasury to refund to the The SPEAKER also, by unanimous cons~nt, laid before the House heirs, exec~tors, or administrators of persons whose property was · ~ letter from the Secretary of War, recommending an appropriation sold for the satisfaction of the quota of dir ct tax levied un

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• .... 1879. CONGRESSIONAL RECORD-SENATE. 1147

teen minutes p.m.,) pursuant to previous resolution, the Honse ad- first lieutenant United States Army, praying to be placed on the 1,journed to Monday ne:x;t at 11 a.~- It ~~~ .•• • , ... ·, __ •. , retired list with,that rank; which was referred to the Committee on Military Affairs. Mr. DAWES presented the memorial of F. W. Kimball ancl other PETITIONS, ETC. citizens of Worc.ester Qounty, Massachusetts, remonstrating,against · The following petitions, &c., were pr~nted at the Clerk's de&k, the extension of l~tters-patent granted to McKay & Mathies for an under ·the rn1e, and referred as stated: improvement in the sewing-machine; which was ordered to lie on By Mr. BROGDEN: The petition of 1,000 citizens of Jones County, the table~ North Carolina, for an appropriation for the improvement of Trent He also presented the petitic;m of Edward Russell & Co. and others, River, North Carolina-to the Committee on Commerce. citizens of Boston, M~sachusetts, praying that circulars, &c., printed By Mr. BUNDY: A paper relating iio the pension claim of Anna by the paPSrograph process :may be permitted to go through the mails Steele-to the Committee on Revolutionary Pensions. as third-Jass matter; which was referred to the Committee on Po3t­ By Mr. COX, of New York: The petition· of the American Photo­ Offices and Post-Roads. lithograph Company, for compensation for copies of drawings made Mr. ·sPENCER presented a memorial of the Legislature of Alabama, for the Patent Office-to the Committee on Appropriations. in favor of an appropriation by Congress for the removal of o bstruc­ By Mr. DEERING: The petition of· 488 citizens of Blackhawk tions in the harbor of Mobile in that State; which was referred to the Con nty, Iowa-, for the amendment of the patent laws so that innocent Committee on Commerce. purchasers of patented articles may be protected-to the Committee He also presented a memorial of the Legislature of Alabama, in favor on Patents. . of an appropriation by Congress for the making of a survey of the ' By Mr. ELLSWORTH: The petition of Polly Hatfield and 89 other Sipsey River and of the Warrior River from Tuscaloosa to the fork of women, of (Sratiot County, Michigan, for such legislation as will tbe Sipsey an4 Mulberry Rivers in that State; which w~s referred to make effective the anti-polygamy law of 1862-to the Committee on the Committee on Commerce. · tke Judiciary. ·Mr. TELLER pr.aented a memorial of the Legislature of Colerado, By Mr. HUNGERFORD: The petition of Mrs. H. N. Clark and 193 remonstrating against the change in the system of conducting sur­ other women, of Cameron, New York, of similar import-to the same veys on the public domain as proposed by the National Academy of committee. Sciences; which was referred to the Committee on Public Lands. By Mr. JONES, of New Hampshire: The petition of Mrs. S. A. Mr. MORRILL presented a memorial of the Ne.w York commission Melvin and 50 other women, of Atkinson, New Hampshire, of similar for the prevention of State-re~ulated vice, officially si'gned, praying import-to the same committee. for the passage of a law prohib1ting the abuse of official power in con­ • By Mr. KELLEY: The memorial of A. K. Owen, civil engineer, nection with the existing and proposed national quarantine regula­ !relating to the survey of the Anstin-Topolovampo Pacific route-to tions, and so defining the law on. that subject as that it shall not be the Committee on the Pacific Railroad. · construed to authorize the malting of rules and regulations, including By Mr. LANDE.RS: The petition of Moses G. Farmer, for the ex­ registration and compulsory medical examination, for legalizing social tension of patents numbered 5181 and 6295-to the Committee on vice; which was referred to the select committee to investigate and Patents. report the best means of preventing the introduction and spread of By Mr. LORINQ: The petition of B. A. Lewis, of Lynn, Massa­ epidemic diseases. f the Indians. which was referred to the Com- 3.. S!~Jd act of Jnn~ 19,. 1878, d1stur~ed and destroyed retroactively vested nghts . . . ' Iof citizens of the D1stnct of Columbia. m1tteo o~ Indtan Affarrs. , 4. Because said act of June 19, 1878, was passed by the Congress of ~e United PETITIONS Aio.I> 'MEMORIALS • States, as appears from the CONGRESSIONAL RECORD, under the impressiOn that it · - . · . · disturbed no vested rights of any_ persons whose property.ha-4 been assessed for 111r. KERNAN presented the potJtiOn of Charles L. Denman, late such special improvements, contamed no elements of leg8J.iza.tion or va.lidattonof

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