616 CONGRESSIONAL RECORD-HOUSE. JANUARY 30,
Also, a paper relating to the claim of 0. D. Lemert for additional Mr. WHITE. We must stop at some point, or we shall be incom pay as an officer in the United States Army-to the Committee on moded by the number admitted to the :floor. Military .Affairs. Mr. WILSON. Do not stop it on me, when every one else has had By Mr. SLEMONS: Memorial of the National Cotton Exchange, requests for such courtesies granted. asking for an amendment of the census law-to the Committee on The SPEAKER. Is there objection to the request of the gentle the Census. man from West Virginia, [Mr. WILSON T] By Mr. SPARKS: The petition of R. G. Ardrey, to be reimbursed There being no objection, the request was granted. the amount of postage-stamps stolen from the post-office at Oakdale, UNITED STATES COURTS IN omo. Illinois, while he was postmaster-to the Committee on the Post Office and Post-Roads. Mr. CONVERSE. I notice by the RECORD of this morning that in By Mr. SPRINGER: The petition of citizens of Concord, Illinois, relation to the report of the committee of conference ou the bill of for the passage of a law equalizing bounties-to the Committee on the House No. 582, to provide for circuit and district courts of the Milita Affairs. United States at Columbus, Ohio, &c., it is stated that upon the read By~. URNER: The petition of William Staubs and others, for the ing of the report Mr. GARFIELD demanded the yeas and nays. passage of the Weaver soldier bill-to the same committee. That is not according to my recollection. My recollection is that By Mr. WARNER: The petition of J. R. Randall, that Dr. C. P. the vote was taken upon agreeing to the report, and the Chair de Culver be paid for valuable services rendered the Committee on clared that the report was agreed to, and thereupon a motion was Coinage, Weights, and Measures in the Forty-fifth Congress-to the made to reconsider that vote and to lay the mo~on to reconsider on Committee of Claims. the table; and while the Chair was putting that question, Mr. GAR Also, the petition of Josephus Cox and 18 others, citizens of Ohio, FIELD called for the yeas and nays to the report. against the paBSage of Senate bill No. 496-to the Committee on In The SPEAKER. That is correct, but the Chair never takes advan valid Pensions. tage of any member in any respect in regard to such matters. The By Mr. WASHBURN: The petition of Griggs, Johnson & Foster gentleman from Ohio [Mr. GARFIELD] claimed the right to have the and 100 other citizens, of Duluth, Minnesota, that Congress aid the question taken on ordering the yeas and nays upon agreeing to the construction of a railroad from the Falls of the Sault Ste. Marie to report, notwithstanding the viva voce vote that had been taken. The somo point on the Marquette and Mackinaw Railroad, near Manis Chair would state in addition that the call for the yeas and nays was tique Lake, by a grant of sixteen sections per mile in the counties of in the nature of a further count upon agreeing to the report. If the Chippewa and Schoolcraft, Michigan, for a distance not exceeding Chair did not allow that to be done, he might arbitrarily decide that seventy-five miles-to the Committee on Railways and Oanals. a bill had passed when some member was on the :floor demanding the By Mr. CHARLES G. WILLIAMS: The petition of John Kimball yeas and nays upon it: It has been the uniform practice of the Chair and others, citizens of Rock County,Wisconsin, for a law to alleviate in all instances never to deny the right of a member to call for the oppressions imposed by transportation monopolies-to the Commit yeas and nays under such circu~tances. The Chair would state also tee on Commerce. that the conference report will come up immediately this morning Also, the petition of 105 citizens of Rock County, Wisconsin, for after such matters as can be disposed of by unanimous consent shall the amendment of the patent laws so as to protect innocent pur have been disposed of. chasers of patented articles and to make manufacturers and vendors ERIE AND WABASH SHIP-CANAL. alone responsible for infringements-to the Committee on Patents. Mr. ORTH, by unanimous consent: submitted the following resolu By Mr. WILLITS: The petitions of R. W. Freeman and 24 othere, tion; which was referred to the Committee on Rail ways and Canals: citizens of Hillsdale County; of B. W. Herring and 82 others, citizens Resolved, That the Committee on Railways and Canals are hereby instructed to of Litchfield; and of Frank Ward and 32 others, citizens of Washte inquire into the expediency of providing for a public survey for the pn~ose of a.s naw County, Michigan, of similar import-to the same committee. certaining the practicability of constructing a ship-canal from Toledo, Ohio, by way of the Wabash and Erie Canfil, 1;o the navigable waters of the Wabash River at or Also, the petitions of R. W. Freeman and 24 others, citizens of Hills near La. Fayette, Indiana, with leave to report by bill or otherwise. dale County; of B. W. Herring and 66 others, citizens of Litchfield; of Frank H. Ward and 24 others, citizens of Washtenaw County; and INTERNATIONAL SHEEP AND WOOL SHOW. of Henry A. Carr and 15 others, citizens of Washtenaw County, Mich- . Mr. SHALLENBERGER, by unanimous consent, introduced a bill igan, for le~islation regulating transportation companies-to the Com (H. R. No. 3982) to authorize and direct the Commissioner of Agricult mittee on t;ommerce. ure to attend in person or by deputies· the international sheep and By Mr. WISE: The petition of 1,005 citizens of Pennsylvania, for wool show, to be held in the Centennial building, Fairmount Park, an appropriation of $150,000 to improve the Youghiogheny River with Philadelphia, September, A. D. 1880, and to make full and complete locks and dams-to the same committee. report of the same, and for other purposes; which was read a first · By Mr. WRIGHT: The petjtions of John Ha.idle and 123 others, of and second time, referred to the Committee on Agriculture, and or Bath, Pennsylvania, for the passage of the bill (H. R. No. 269) known dered to b_e printed. as the Wright supplement to the homestead act-to the CommitMe ll\IPROVEMENT OF ALLEGHENY RIVER. on Public Lands. Mr. WHITE, by unanimous consent, submitted the report of Gen Also, the petition of J. L. Schmahl and 40 others, citizens of Blan eral H. D. Wright, Chief United States Engineers, upon the expendi don, Berka County, Pennsylvania, of similar import-to the same ture of the appropriation for the improvement of the Allegheny committee. River; which was referred to the Committee on Commerce, and ordered to be printed. DEATH OF HON. RUSH CLARK. HOUSE OF REPRESENTATIVES. Mr. PRICE. I ask unanimous consent that the hour fixed for the delivering of eulogies upon my late colleague from Iowa, Hon. RUSH FRIDAY, January 30, 1880. CLARK, be changed from two o'clock to-morrow until immediately The House met at twelve o'clock m. Prayer by the Chaplain, Rev. after the morning hour to-morrow. W. P. HARRISON, D. D. There was no objection, and it was so ordered. The Journal of yesterday was read. PERSONAL EXPLANATION. Mr. WILSON. In relation to the report made by my colleague on Mr. ACKLEN. I rise to a question of privilege. the Committee on Foreign Affairs [Mr. MoRTO:N] upon the subject The SPEAKER. The gentleman will state it. of international fisheries, I desire to state that upon submitting that Mr. ACKLEN. I dislike to occupy the valuable time of this House report yesterday he gave notice that on Tuesday next he would move in a matter of personal interest, but my attenti9n has been called to to go into Committee of the Whole for the purpose of considering that an· article in the New York Herald and also in the Detroit Post and subject. If allowable, I desire to have the Journal corrected by an Tribune- entry to that effect. The SPEAKER. Do those articles affect the gentleman in his rep- The SPEAKER. The statement to which the gentleman refers was resentative capacity T in the nature of debate and appears in the RECORD. It is n• neces Mr. ACKLEN. Tbey do. sary that it should be entered upon the Journal. The SPEAKER. The gentleman will proceed. The Journal of yesterday was approved as read. Mr. ACKLEN. They are so grossly untrue and such a vile attack ADMISSION TO THE FLOOR. upon me, not only as a gentleman but as a Representative, that a The SPEAKER. The Chair at the instance of the gentleman from proper sense of justice to my constituents as well as to myself forces West Virginia [Mr. WILSON] asks consent that the governor of West me to speak that my silence may not be misconstrued. I quote the Virginia, Hon. Henry M. Mathews, and gentlemen accompanying him, following from the Detroit Post and Tribune of January 26: Honorables Jonathan M. Bennett, John Brannan, and J. N. Camden, On the 13th of J a.nuary, takiD~ advantage of a moment when no other member of distinguished citizens of West Virginia, be admitted to the privileges the Committee on Foreign Affairs was present, ACKLEN rose in the House and de clared a.s appears in the official report of tbe proceedings of Congress: of the :floor for to-day and to-morrow. Is there objection T "Mr. ACKLEN. I a.sk unanimous consent that the report of the Committee on Mr. WHITE. I object to anybody but the governor. Foreign Affairs in relation to the claims of certain citizens against the government The SPEAKER. 'l'he governor is entitled to admission under the of Nicaragua. be referred to the Committee of the Whole and ordered 1;o be printed. rule of the House. . "There being no objection, it was ordered accordingly." The alleaed report thus handed in by ACKLEN was received, duly printed and :Mr. WILSON. I hope the gentleman will not be illiberal and la.id upon the desks of members. Some days afterward the members of the Com unkind. mittee on Foreign Relations were astionished at seeing these proceedings in tho l880. CONGRESSIONAL RECORD-HOUSE. 617
CONGRESSIONAL REcoRD. The chairman asked ACKLEN what it meant. and received Affairs referred the matter to Mr. KING, and I gave him my old report, an unsatisfactory reply. Accordingly he called the committee together and sum moned ACKLEN before them, when it appeared that neither the committee nor the together with a manuscript statement of the action of the Senate. chairman had ever made, nor authorized, nor read the report which ACKLEN had On June 30, just before the adjournment of the extra session, this res palmed off on the House as the report of the committee; and, further, the commit olution, which was pending in the morning hour, was by unanimous tee would not agree to any such report. ACKLEN was then informed that he must consent (see pages 2440 and 2441, RECORD, first session Forty-sixth withdraw that report and apologize to the House, or vigorous proceedings would be instituted to expel him in d:i.Sgrace. Congress) placed on the public Calendar, where it now stands. (See Calendar of the Committee of the Whole House on the state of the The article then proceeds to say that I apolo~ed to the House and Union.) It here appears as follows: withdrew the report, but that this was done "rn a quiet w niy, a nd at June 30-Mr. AcKLE."': such a moment as to attract the lea.st attention. But those who un Resolved, That a select committee of five members of this House be appointed derstood it explained to the other members, and a. hot feeling of in by the Speaker, which committee shall have power to sit during the recess, to in dignation has been growing ever since." quire into all claims of citizens of the United States against the government of I need hardly say, Mr. Speaker, that this is perhaps one of the most Nicaragua for indemnity for lives of relatives taken, wounds and other personal injuries inflicted, and property taken, injured, or destroyed, which claims have willful and malicious perversions of fact on record. heretofore been filed in the Department of State and now remain pending and un On Monday, January 19, my colleague, Mr. KING, who had lately satisfied; and said committee shall ascert.ain and determine what amounts and to returned from Louisiana, called my attention to the article in the what persons the government of Nicaragua is liable to make compensation on CONGRESSIONAL RECORD, quoted in the extract which I have read, account thereof, and report the same, with the evidence in reference thereto, t.o Congress at its next session; and said committee shall give such public notice as and also to a report, No. 86, second session Forty-sixth Congress, it may deem necessary of the times and places when and where it will sit to hear which bore his name. I informed him at once that there was evi said Claims and testimony in support of the same, and shall have power to send for dently a mistake, as I had never made any such request of the House persons and papers and administer oaths. It shall also obtain and use all proofs relative thereto on file in the Department of State and such other evidence aa any nor offered any such report as coming from his committee ; that I had party in interest may produce and offer that it may deem pertinent thereto. It requested to have a report made by me in the Forty-fifth Congress, shalI have power to employ a. clerk and a stenographer; and the necessary expenses with manuscript attached, (Report No. 96, Forty-fifth Congress, sec of said committee shall be paid out of the contingent fond of the House on the ond session,) printed, as it referred to a matter already on the public vouchers of the chairman of said committee. Calendar, and that I would gladly ask that the report bearing his Having it now on the public Calendar, where it might be reached name be withdrawn and make a statement to relieve him from any any day, I naturally lost all interest in the same matter before the embarr:tssment in the case. Now, what was it I said on January 13 ! Committee on Foreign Affairs. I therefore asked my colleague, Mr. On this point I submit the following letter from the chief reporter of KING, to return me the report and manuscript which I bad given him, this House: because it can be readily seen I might have use for them any day. HOUliE OF REPRESID.'TATIVES, Finding that my old report had been pretty well exhausted-it was Washington, D. 0., January 30, 1880. my first congressional report and I scattered them extensively-I con DEAR Sm: In accordance with your request, the reporter on du~ at the time cluded to have it reprinted together with the manuscript statement you made your statement to the House, January 13, has examined his notes, and the followin~ is an exact transcript of them : of the Senate's action. This action is of frequent occurrence in both ''Mr.ACKLEN. I ask that a report be printed in a couple of cases already on the Houses, so I therefore made the request on January 13, 1880, as stated public Calendar. in the letter of the chief reporter of the House, and not as it appears " So ordered." in the RECORD. Very respectfully, yours, J. J. MCELHONE. Thus, Mr. Speaker, through an error for which I am in no wise re Hon. J. H. ACKLEN. sponsible or to blame, have I been made the object of bitter, unjnat, How was it, then, that my old report of the Forty-fifth Congress, and scurrilous newspaper abuse. These articles have been spread with the manuscript attached, which I requested to be printed to the length and breadth of the land, and therefore, after consulting accompany a matter already on the public Calendar, came to be printed with members of the Committee on Foreign Affairs, among whom I as Mr. Knm's report Y Why, simply in this way-but first I desire am proud to number personal friends, I offer the followin~, ask its to here submit the following letter from the journal clerk of the passage and reference to that committee, that my exoneration may House: be as full as the attack has been foul. WASHINGTON, D. c., January 30, 1880. Resolved, That the Committee on Foreign Affairs be, and iliey are hereby, re DEAR Sm: In reply to your inquiry as to my recollection of the circumstances quested to examine into the truth or falsity of the statement reiMi by Mr. Ac~ attending your request on January 13, to have a report printed, I can merely say that from the Detroit Post and Tribune, and report back to this House. I remember the co:Dfusion in the House was so great at that time that I could not un Mr. WILSON. As a member of the Committee on Foreign.Affairs, derstand at the desk what it was you desired, and left it and came up the aisle near I desire to make one remark. The gentleman from Louisiana [Mr. your desk to ascertain. I was much hunied, and the confusion was very great, but l recollect vour stating something about a matter on the public Calendar, though ACKLEN] has never been summoned before the committee by its order. I could not"hear very distinctly. Ijud~ed that you wanted to make a report to go What may have occurred between him and the chairman of the com on the Calendar. Mr. KING'S name was m pencil-mark on the outside of the wrap mittee I do not know. The :first intimation the Committee on For per, and this naturally led me to suppose that the request was to print a paper m eign Affairs had of this subject, so far as I know, was that a member connect.ion with some case on the public Calendthor else to r~rint your report of of the committee, General KING, of Louisiana, communicated to the ~:eX1fu~~:i_.Congress , which on examination of e papers I ound to be incorpo- committee the fact that a report had been made by Mr. ACKLEN. Very respectfully, yours, General KING held .that this report had done him injustice ; that it HENRY H. SMITH, placed the Committee on Foreign Affairs in a very improper light Journal O/,erk. Hon. J. H. ACKLEN. before the House, and that some explanation was necessary. There upon General KING produced a statement which he said Mr. ACKLEN Now, in the Forty-fifth Congress I was a member of the Committee would make upon the floor of the House, if acceptable to the com on Foreign Affairs and had referred to me the petitions of Woolsey mittee, and that if acceptable to the committee it would be accepta Teller and Eliza Livingston. On these I made a report, (No. 96, Forty ble to him. The statement was read by Mr. Knm, and subsequently :fifth Congress, third session,) which simply recommended the passage communicated by Mr. ACKLEN to the House. of the following resolution : I think it proper to say this much in justice to the gentleman who Resolved, That the President be, and he is hereby, requested to take such steps has just taken his seat, and also in justice to General KING, my col as in his opinion may not be incompatible with the public interests to secure an early settlement and adjustment of the claims of Woolsey Teller and Eliza Living· league on the Committee on Foreign Affairs, who is not now on the ston, citizens of the United States, and other citizens thereof against the govern floor. ment of Nicaragua, by an international arbitration or otherwise. Mr. ACKLEN. There can be no possible objection to the resolu This report, however, contains all the facts and papers, and numbers tion. ten printed pages. . Mr. GARFIELD. Reserving my right to object, I ask that it be During the latter part of the Forty-fifth Congress I was so seriously again read. unwell that I did not attend the sessions of the House, and my re The SPEAKER. The gentleman from Louisiana has risen to a. port was therefore not acted upon. The Senate in the mean time act question of privilege in reference to a matter which the Chair thinks ing upon the suggestions of the Secretary of State, appointed Hons. does affect him in his representative ~apacity. HAMLIN, CONKLING, KlRKwoon, EATON, and MORGAN a committee Mr. GARFIELD. The gentleman may have a. right to raise the on the part of the Senate to examine the papers on file in the Depart question of privilege; but the question whether the Honse will adopt ment of State in all claims of our citizens against the government of the resolution he submits is another thing. I would like to hear the Nicaragua. resolution. Following then in the footsteps of the Senate, on Wednesday, April The SPEAKER. The resolution will be again read. 23, 1879, in the morning hour, after the call of committees for reports, The Clerk again read the resolution. (see page 742, REcoRD, first session Forty-sixth Congress,) I intro-. Mr. GARFIELD. If the Commit~e on Foreign Affairs do not ob duced in substance, on the part of the House, the same resolution ject to this I do not. which ha-0. passed the Senate. Finding that my reso1ution was likely The resolution was adopted. to stick in the morning hour without action, as this stage in our leg Mr. ACKLEN moved to reconsider the vote by which the resolution islative proceedings is seldom reached, I, on May 5, 1879, sent a copy was adopted; and also moved that the motion to reconsider be laid of this resolution and accompanying papers to the Committee on For on the table. eign Affairs through the petition-box. (See page 1069, RECORD, first The latter motion was agreed to. session Forty-sixth Congress.) By doing this I had two chances of IMPROVEME~T OF THE SUSQUEHL~A. reaching it for action: one in the morning hour; the other when the Mr. TALBOTT, by unanimous consent, presented a joint resolution committee might report it to the House. The Committee on Foreign of the Legislature of the State of Maryland, instructing the Sen- 618 CONGRESSIONAL RECORD-HOUSE. JANUARY 30,
a.tors and requesting the Representatives from that State to urge the ington, however competent they may be, would not.be able to devote the time neces sary for the proper discharge of these onerous duties . . necessity of an appropriation by the general Government for the pur We therefore pray your honorable body to provide at once for the appointment pose of deepening the channel of the Susquehanna between the city by \he President, with the advice and consent of the Senate, of such a commission, of Havre de Grace and Spesutia Island; which was referred to the with an adequate appropriation for its support. Committee on Commerce. DECEMBER, 1879. REFUNDING INTERNAL-REVENUE TAXES. ORDER OF PROCEEDINGS FOR TO-MORROW. Mr. ELLIS, by unanimous consent, (and by request,) introduced a Mr. FERNANDO WOOD. I move that when the House adjourns bill(H.R.No.3984)to refund certain duplicate internal-revenue taxes; to-day it adjourn to meet on Monday next. which was read a :first and second time, referred to the Committee of The SPEAKER. The Chair will state that by a resolution adopted . Ways and Means, and order~d to be printed. some days since on motion of the gentleman from Iowa, [Mr. PRICE,] to-morrow at two o'clock was fixed for the presentation of resolutions POST-OFFICE DEFICIENCY APPROPRIATION BILL. relating to the death of Mr. RUSH CLARK, lately a member from Iowa. Mr. VALENTINE. Mr. Speaker, I ask by unanimous consent to This morning, before the gentleman from New York [Mr. FERNANDO submit the following resolution for consideration at this tillle. WooD] came in, the gentleman from Iowa obtained consent to change The Clerk read as follows : the time heretofore fixed so as to have the resolutions come up Resolved, That the Committee on Appropriations be, and the:y: are hereby, in immediately after the morning hour. The gentleman from New strucred to report to this Honse the Post-Office deficiency bill, with excepnon of York will see that to-morrow has really been assigned for this pur it.ems of appropriation relative to " star service," by the 5th day of February next. pose. Mr. BLACKBURN. Before that resolution is acted on- Mr. FERNANDO WOOD. I withdraw my motion. The SPEAKER. Does the gentleman object Y Mr. FERNANDO WOOD subsequently said: I desire to inquire of Mr. BLACKBURN. I do most emphatically object to be instructed the Chair whether the ceremonies in relation to the death of Mr. by a gentleman who knows nothing about the business of that com CLARK will take place to-morrow immediately after the reading of mittee. the Journal or after the morning hour. LIGHTING PUBLIC BUILDINGS. The SPEAKER. Immediately after the morning hour. Mr. BUCKNER, by unanimous consent, introduced a bill (H. R. Mr. FERNANDO WOOD. Some of the committees will probably No. 3985) to reduce the expenditures of the Government in lighting sit aU day to-morrow, and other members may desire to visit the De the public buildings of the United States; which was read a first and partments. I would suggest, therefore, that the hour for the presenta second time, referred to the Committee on Public Buildings and tion of these resolutions be changed, and that they be offered imme Grounds, and ordered po be printed. diately after the reading of the Journal, with the understanding that M. F. CLARK. no other business shall be transacted. The SPEAKER. If the time be changed as suggested, no other On motion of Mr. GILLETTE, by unanimous consent, the bill (S. No. business will be done, because the adjournment will take place imme 76) for the relief of M. F. Clark waa taken from the Speaker's table, diately upon the conclusion of these proceedings. The gentleman read a :first and second time, and referred to the Committee of Claims, from New York suggests that the delivery of eulogies be commenced not to be brought back on a motion to reconsider. immediately after the reading of the Journal. UNITED STATES COURTS OF omo. Mr. PRICE. It is suggested to me by several gentlemen around Mr. BRIGHT. I demand the regular order of business. me that that would be a better arrangement. It may be so; but I The SPEAKER. The regular order is the unfinished business com cannot see it. If these eulogies amoli'nt to nothing, if they are only ing over from yesterday's session, which will again be read, the pend a matter of farm, then I suppose empty benches will answer just as ing question being on the demand for the yeas and nays on the a.dop well as the ordinary attendance of members; but if it means anything tion of the report of the committee of conference. to say a few words in reference to the life and character of a deceased The Clerk read a-s follows : colleague, it certainly means that the proceedings are worth listening The managers on the part of the House and of the Senate appointed to confer to by at least a few members. on the disagreeing votes of the two Houses on the amendments of the Senate to Mr. FERNANDO WOOD. I have no desire to interfere with the the bill of the Hense (No. 582) to provide for circuit and district courts of the Unit.ad arrangement made by the gentleman from Iowa. I withdraw my sug States at Columbus, Ohio, and transferrin~ certain conn ties from the northern to the southern district in said Stat.a, after a full and free conference, do recommend gestion. as follows: CONSTRUCTION FUND FOR THE NA VY. That the Honse recede from its disagreement to the amendments of the Senate to said bill, and do concur in the same. Mr. HARRIS, of Massachusetts, by unanimous consent, reported GEORGE L. CONVERSE, from the Committee on Naval Affairs a bill (H. R. No. 3983) to pro D. B. CULBERSON, vide a permanent construction fund for the Navy, and for other pur BENJAMIN BUTTERWORTH, poses; which wa-s read a :first and second time, referred to the Com Managers on the part of the House. mittee of the Whole on the state of the Union, and, with the accom A.G. THURMAN, A.H. GARLAND, panyinJf~port, ordered to be printed. MATT H. CARPENTER, Mr. RIS, of Massachusetts. I desire to eay that at a future Managers on the part of (he Senat.e. time I shall ask' the assignment of a special time for the considera Mr. GARFIELD. I ask the gentleman in charge of the report to tion of this bill. allow me to make a statement. My absent colleague- CONTAGIOUS D16EASES OF DOMESTIC ANIMALS. The SPEAKER. Is there objection 'I There was no objection. · Mr. KEIFER. I ask unanimous consent to present for reference to Mr. GARFIELD. Mr. Speaker, my absent colleague, Mr. BUTTER the Committee on Agriculture, and to be printed in the RECORD, a WORTH, of Cincinnati, explained to me before he was called away very important petition-a petition of J. 0. B. Renick and others, from the city yesterday that in signing this report as he has done he citizens of Ohio, praying for the creation of a commission under na did not intend to commit himself to the support of the bill. It tional authority to have charge of the investigation of the nature appeared to him afterward that the signing of the report carried the and treatment of contagions diseases of domestic animals. approval of the whole bill with it, and put him in a position he did There being no objection, the petition was referred to the Com not desire to occupy. He says he signed the report with this view: mittee on Agriculture, and ordered to be printed in the RECORD with that if the bill was to pass the amendment of the Senate was a good out the names. It is as follows: one and ought to be concurred in. But it did not appear to him, as To (he h
~ ~~ rr'f,, Mr. CONVERSE. How many minutes does the gentleman want T AMENDMENT OF REVISED STATUTES. Mr. TOWNSEND, of Ohio. Only two or three. Mr. BRIGHT, by unanimous consent, introduced a bill {H. R. No. · Mr. CONVERSE. I yield five minutes to the gentleman. 3986) to amend sections 3285 and 3310 of the Revised Statutes of the Mr. TOWNSEND, of Ohio. The gentleman who submits this con United States; which was read a first and second time, wferred to ference report seems to argue tha.t there is a disposition on the part the Committee of Ways and Means, and ordered to be printed. of members to prevent a district court being established at Colum bus. I do not understand that there is any such disposition. It is PETER GILNER. conceded on all hands that the southern district ou~ht to be divided, Mr. BAYNE, by unanimous consent, introduced a bill (H. R. No. and a district court established at Columbus or at phillicothe. But 3987) for the relief of Peter Gilner; which was read a first and second my objection to this bill is that, under the guise of dividing this time, and referred to the Committee on Military Affairs. southern judicial district, the northern district is divided. ENROLLED BILL SIGNED. , The northern judicial district embraces, I think, about three-eighths Mr. THOMPSON, of Iowa, from the Committee on Enrolled Bills, of the territory of the State. The courts in that district are held reported that they had examined and found truly enrolled a bill of now in two pla-ces, Cleveland and Toledo. This bill contemplates the House of the following title; when the Speaker signed the same: the taking of eight counties from that northern district and adding An act (H. R. No. 2188) for the relief of Thomas Kearney. them to the southern district. I object to that, and contend that ORDER OF BUSINESS. there is no occasion whatever for it. I would be glad if this House would vote down this report and Mr. BRIGHT. I now call for t he re~ular order. recommit the bill to the Committee on the Judiciary, in order that The SPEAKER. The regular order being called for, the m_orning it may be properly considered, so that a fair, impartial, and proper hour commences at five minutes past one o'clock. This being Friday, district may be formed, for which every member of this House can the first business in order during the morning hour is the call of com vote, and·in which every citizen of Ohio can be accommodated and mittees for reports of a private nature. receive immediate and speedy justice. I hope the gentleman will MICHAEL GRANERY AND OTHERS. consent to that. Mr. KNOTT, from the Committee on t he Judiciary, reported back, Mr. CONVERSE. I yield five minutes to· my colleague, [Mr. with a favorable recommendation, Senate bill No. 695, for the relief EWING.] of Michael Granery, Nicholas Wax, and Moliere Lange. Mr. EWING. In reply to the statement of myfriend who has just The question was upon ordering the bill to a t hird reading. addressed the House, [:Mr. TOWNSEND,] I call the attention of mem The bill, which was read, directs the Secretary of the Treasury to bers to the fact that the counties of the northern district of Ohio pay to Micha.el Granary, Nicholas Wax, and Moliere Lange each the affected by this bill are but eight in number, and that ne~rly all the sum of $500, in refundment of so much money exacted from them as people in those eight counties have a much easier and prompter access joint obligors on a bond taken by Colonel D. A. Pardee, provost-mar to Columbus than they have either to Cleveland or Toledo, where the shal of the district of Baton Rouge, Louisiana, in 1863, forthe appear courts of the northern district are now held. As to the counties in ance of one B. F. Rhodes, the payment of which was improperly and the southern district, which this bill provides shall have the priv illegally enforced by the marshal, in full and complete satisfaction ilege of sessions of the United States courts at Columbus, they have thereof. found it is so troublesome and expensive to transact their business in Mr. WHITE. I raise the point of order upon that bill that it con the Federal courts at Cincinnati that they have for many years past tains an appropriation and should receive its first consideration in been seeking the erection of a new judicial district embracing the Committee of the Whole. center and eastern portion of the State. Mr. Plants, Mt. Shellabar Mr. KNOTT. IhopethegentlemanfromPennsylvania[Mr. WmTE] ger, myself, and others, in former Congresses, have introduced and will withdraw his point of order until I have made a statement of the urged bills for that purpose. facts. This bill does not provide for a new judicial district. I may say, Mr. WHITE. I would like to hear the statement, for in the absence indeed, it adds nothing to the expense of the Federal administration of any statement I should insist upon my point of order. of justice in the State of Ohio, while it accommodates a very large Mr. KNOTT. This bill has three times passed the Senate of the portion of our population, who are now subjected to exceedingly long United States, and it has three times been favorably reported to this and expensive trav~l to attend the sessions of the court in Cincinnati. House. I will state briefly the facts because of which the relief All these counties in the southern district which by this bill are given sought is claimed: In 1863 a man named B. F. Rhodes was arrested the privilege of having their judicial business transacted at Colum and taken before the provost-marshal at Baton Rouge, Louisiana. bus have their railroad center there. Tha.t is the city of our State Rhodes being sick the provost-marshal determined to admit him to easiest of access to them, while they lie much farther from Cincinnati, bail-a proceeding void perhaps in itself for want of competent au and their access to it is indirect and circuitous. thority. Rhodes executed his bond~ his sureties being the bene As my colleague [Mr. CONVERSE] has intimated, the route to Cin ficiaries named in this bill. The bond was given in the sum of $1,500, cinnati by way of the river may be counted as nothing for all that each of the sureties being bound for $500. Rhodes was immediately p~t of our Ohio River border lying more than one hundred and fifty taken to the residence of his sister, where shortly afterward he died miles above Cincinnati-lyin~, say, above Lawrence County which of small-pox. Mter his death the provost-marshal demanded of each with all the counties below it is left untouched by this bill. The river of his three sureties the sum of $500. They refused to pay. There route to Cincinnati for all the counties aboveLawrenceisslow and little upon he arrested and imprisoned them, and while under this duress resorted to. The splendid energy of Columbus in building railways they were compelled to pay each the sum of 500. into Southeastern Ohio is fast relieving the people of that part of our Now, it is manifest that, even granting the provost-marshal had State of dependence on the river as a line of travel. The people of the right to take this bail-bond, there was no default either on the all that region can now reach Columbus much more promptly than part of the principal or any of the sureties. In consideration of these Cincinnati. In fact, a large part of them now go through Columbus facts, the Committee on th~ Judiciary has twice reached the conclu- · and thence one hundred and ten miles to the Federal courts at Cin sion unanimously that the money ought to be refunded to these par cinnati. ties. Their receipts taken from the provost-ma,rshal show that they Now, I submit that as it involves practically no additional expense, paid the money to him; and the reporb of the Provost-Marshal-Gen this consideration of convenience should control the decision of the eral shows that the money was accounted for and paid into the Trea.s Hollile and lead it to give to the people of Central and Eastern ury of the Unit.P.d States, where it now is. Ohio the privilege of having sessions of the district and circuit These men are ju humble circumstances, and this sum, which is but courts of the United States in Columbus. I hope that the House a pittance to tho United States, is a matter of great moment t o them, will vote to do so, by agreeing to the report of the conference com and is justly their money. Three several ti.mes they have failed to mittee. obtain justice in this House, simply because their case was not reached Mr. WHITE. Does this provide for the appointment of another upon the Private Calendar, although in each instance there was a district judge T unanimous report in their favor. I do hope that there will be no Air. EWING. Not at all. objection to this bill, and that these poor men may get this money to Mr. WHITE. The judge of the southern district- which they are entitled. Mr. EWING. The judge of the southern district is simply required Mr. WHITE. I understand the gentleman to say that this prisoner to hold terms of the circuit and district courts in Colum bus. died of small-pox before the time named in the bond for his appear Mr. CONVERSE. I now call for a vote. ance had expired. The SPEAKER. The question is upnn ordering the yeas and nays Mr. KNOTT. Yes, sir. upon agreeing to the report of the committee of conference. Mr. WHITE. Why did not these men come earlier to Congress for The yeas and nays were not ordered. relief Y The circumstance occurred in 1863, I believe. The report of the committee of conference was agreed to. Mr. ROBERTSON. I will state that at every session of Congress Mr. CONVERSE mov~d to reconsider the vote just taken; and also since that time they have applied for relief. They have been vigilant. moved that the motion to reconsider be laid on the table. Mr. WHITE. The bill seems to be right. The latter moti.-.n was agreed to. The bill was ordered to a third reading, was accordingly read the Mr. CONVERSE. The day after the House ordered that a com~ third time, and passed. mittee of conference be requested upon this bill, I entered a motion Mr. KNOTT moved to reconsider the vote by which the bill wa.a to reconsider that order. I move that that motion to reconsider be passed; and also moved that the motion to reconsider be laid o.u the laid upon the table. table. The motion was agreed to. The latter motion was agreed to. 1880. CONGRESSIONAL RECORD-HOUSE. 621
RELIEF OF POLITICAL DISABILITIES. The SPEAKER. Oftentimes, in like manner, the facts in relation Mr. KNOTT. I am also unanimously instructed by the Committee to the history of officers asking this relief have been stated in their on the Judiciary to report back sundry bills for the relief of political petitions. disabilities, ea"°h bill being accompanied with a petition. Mr. CONGER. I am not aware I ever heard on that point such a statement, and if it has been done I, for one, as a member of the CHARLES CARROLL SIMMS. Honse shall continue to protest a~ainst giving such rose-colored The bill (H. R. No. 3988~ t<;> ~emove the political disabiliti~ of terms to that upon which our Constitution imposes disabilities. Charles Carroll Simms, of V irg1ma, wa.a read a first and second time. The SPEAKER. The Chair is always on the side of pensioners The petition wa.a read, as follows : and in favor of relieving disabilities, and only for that reason ma.de To the honorab"le Senate and House of Representatives i n Oongress assemb"led: the statement he has. I would respectfully rec.i.uest to be relieved from my political disabilities. I en Mr. CONGER. I myself do not rank pensioners and those who ask tered the Navy of the Umted States in October, 1839, and tendered my resignation for amnesty exactly in the same class. as lieutenant m 1861. I would further state that I am not indebted to the United The SPEAKER. The Chair would erect all into full citizenship States Government. CHARLES CARROLL SIMMS. when they ask for relief from disabilities imposed by the Constitu The bill was ordered to be engrossed for a third reading, was ac tion, as well as accord pensions to all who have suffered for the Gov cordingly read the third time, and passed, two-thirds voting in favor ernment. thereof. Mr. KNOTT. As the Chair has already, and I think properly, re Mr. KNOTT moved to reconsider the vote by which the bill was plied to the gentleman from Michigan-- passed ; and also moved that the motion t-0 reconsider be la.id on the The SPEAKER. The Chair did not mean to reply to anybody, but table. merely meant t-0 say this petition seemed to be in tone and language The latter motion was agreed to. of the usual character of such prayers for relief. Mr. KNOTT. Very well, sir, I demand the previous question. WILLIAM B. TALLIAFERRO. Mr. HAYES. Read the petition again. . The bill (H. R. No. 3989) to remove the political disabilities of Will The petition was again read. iam B. Tallia.ferro, of Virginia, was read a first and second time. Mr. CONGER. I move the bill and report be referred back to the The petition was read, as follows : committee with a suggestion that a proper petition be filed. Po the honorab"le Senate atnd House of Representatives in Oongress: The SPEAKER. The gentleman from Kentucky, who is entitled to The petition of Williaµi. B. Taliaferro, a citizen of Virginia, respectfully repre· the charge of the bill and to be recognized, has called for the previ- sents that be was commissioned by the President of the United States a.s a captain in the Eleventh Regiment United States Infantry in April, 1847, and in August of ous question. . the same year a major in the Ninth R.egiment of Infantry ; that these regunents Mr. CONGER. I made the motion which I have the right to make were created for service during the war with Mexico and were disbanded and the while I had the floor. officers and enlisted men were mustered out of service at the termination of the The SPEAKER. The Chair always accords the right to the mem- said war · that your petitioner was mustered honorably out of sernce at Fort Adams Rhode Island in September, 1848, a.s will appear by the returns made to the ber reporting a bill to test the sense of the Honse. . War D~partment, and now on file in the Adjutant-General's Office; that your pe Mr. CONGER. If the gentleman desires t-0 test the sense of the titioner afterward served in the army of the Confederate States as a general offi House on a two-thirds vote, he can do it. cer in the war between the Southern States and the United States, andforparticipa KNOTT. I desire only to say, Mr. Speaker, after the gentle tion in that war against the Government of the United States was subject to the Mr. disabilities imposed by the fourteenth amendment to the Constitution of the United man from Michigan had taken his seat, I took the floor in my own Sia.tea · that he has believed that all such disabilities were relieved by the general right and demanded the previous question, after which some gen act of Congress relieving disabilities, but he is advised that although be was only tleman on the other side called for the reading of the petition. That in the militnry service of the United States in regiments raised for the Mexican is precisely the condition in which the case stands before the House. war and has never been in the service of the United States since, that doubt exists as tA> whether his disabilities have been removed and he desires to remove all doubt The House d,ivided ; and there were-'-ayes 100, noes 54. on the subject. He therefore respectfully prays that a.n act may be passed for his So the previous question was seconded. relief. The main question-was then ordered to be put. WILLIAM B. TALLIAFERRO. Mr. KNOTT. Mr. Speaker, I desire to state to the Honse that a .JANUARY 26, 1880. more respectful petition could not be presented to this body than Mr. CONGER. Mr. Speaker, I think this petition does not set forth Mr. Talia.ferro has presented here, asking relief at·our hands. Ont of any case for this House to act upon. The fourteenth amendment re the great number of such bills passed by this Honse I undertake to fers to no such war a-a the petitioner ·says he was engaged in. I am say such criticism as has been offered on this petition was never pre for one unwilling to pass a bill of this kind upon such a statement sented before. If I rightly comprehend the ground of objection taken as is embraced in this petition. The petitioner says he was engaged by the gentleman from Michigan, it is that this petitioner, not perhaps in a "war between the Southern States and the United States." There understanding the taste of the gentleman from Michigan on that sub is no such war recognized in our Constitution or laws. There was a ject, has not spoken of the recent war as a rebellion. He had, how war of rebellion against this Government; and to that the fourteenth ever, good authority for characterizing it a.a he did. The Supreme amendment refers-not to a " war between the Southern States and Court of this country has recognized what is termed the rebellion as the United States." Let the petitioner bring himself Within the lan a public war in this country. guage of the constitutional amendment, and then we shall be pre- But be that as it may, he has recognized the validity of the four pared to act. · teenth amendment. He has shown he is in the category of those who The SPEAKER. The Chair thinks the petitioJ)erdescribes himself are disabled by that amendment. If he ha.a failed to characterize the as " an officer in the confederate service." war as a rebellion, he has certainly stated t-0 us sufficient to show he Mr. CONGER. Let the petition be again read. gave aid and comfort in that war to the enemies of the United States; The petition was again read. and, following this candid avowal, he has respectfully asked this Mr. CONGER. Now, Mr. Speaker, article 14 of the amendments t-0 body to do for him what it has done for hundreds. Under his pecul the Constitution imposes disabilities upon any person "who, having iar circumstances, it is a matter of doubt whether he is under the previously taken an oath as a member of Congress, or as an officer of political disabilities imposed by the fourteenth amendment. In order the United States, or as a member of any ~ta.te Legislature, or as an that all doubt on this subject may be cleared away, recognizing fully executive or judicial officer of any State, to support the Constitution the competency of the Congress of the United States t-0 remove that of the United States, shall have engaged in insurrection or rebellion doubt, he comes here and humbly petitions as a citizen of the State against the same, or given aid or comfort to the enemies thereof." of Vir~inia to the United States for this favor. If there is any sense This provision of the Constitution says nothing about s "war be of j nst1ce remaining in this body, I think this respectful petition will tween the Southern States and the United States," or a war of any not be disregarded. other kind against the United States. The petitioner, in order to I now call for a vote. bring himself within the provisions of that article when asking for The bill was ordered to be engrossed and read a third time ; and the amnesty which two-thirds of Congress may grant, must snow being engrossed, it was accordingly read the third time. himself to have been engaged in insurrection or rehellion against the Mr. TALBOTT. I call for the yeas a.nd nays. · United States, or that he bas given aid and comfort to the enemies The SPEAKER. The Chair will first test the sense of the Honse thereof. Let a man who comes here asking amnesty of the Congress by a division. of the United States under the constitutional provision bring him Mr. CONGER. I demand the yeas and nays. self within that provision. If he was not engaged in insurrection or The yeas and nays were ordered. rebellion and has not given aid or comfort to the enemies of the United The question was taken; and it was decided in the affirmative States he need not come to Congress at all. If he does come let him yeas 172, nays 53, not voting 67; as follows: come and acknowledge his havrng been engaged in insurrection, in YEAS-J7'i. rebellion, in giving aid and comfort to the enemies of his country. Acklen, Bingham, Buckner, Converse, Then he makes a proper occasion for asking amnesty of the Congress Aike Blackburn, Cabell, Cook, of the United States, but not till then. . .Aldricli, N. W. Blake, Caldwell. Covert, Armfield, Bland, Calkins, Cravens, The SPEAKER. The Chair thinks the tone of this petition and the Atherton, Bliss, Carlisle, Culberson, words in which it is expressed do not expibit in the least any dis Atkins, Blount, Chalmers, Davidson, position to be hypocritical on the part of the petitioner. It is in the Ba-0hman, Bouck, Chittenden, Davis, Joseph J . usual forJll. The words which the gentleman lays stress upon in the Bailey, Boyd, Clymer, Davis, Lowndes H. • Ballou, . Bragg, Cobb, DeLaMatyr, description of the war he was engaged in-- Beale, Briggs, Coffroth, Dibrell, Mr. CONGER. It is in that very description, sir-- Bicknell, Bril,Jht, Colerick, Dickey, 622 CQNGRESSIONAL RECORD-HOUSE. JANUARY 30,
Dunn, Hunton, Morrison, Simonton, JOHN S. MAURY. Dunnell, Hurd, Morse, Singleton, J. W. Hut.chins, Morton, Slemons, . Mr. KNOTT also, from the Committee on the Judiciary reported a. ~EllIB, Johnston, Muldrow, Smith, William E. bill (H. R. ~o. 3990) to remove the political disabilities 'of John S. Evins, Jones, Murch, Sparks, Manry; which was read a first and second time. Ewing, Kenna, · Myers, Speer, Felton, Ketcham, Neal, Springer, The petition was read, as follows : Finley, ~mel, New, Steele, Po the Senat.e and House of Representatives of the Fisher, Nicholls, Stevenson, United Stat.es of America in Oongress assembled : Taylor, Ford, Ki~ O'Connor, Your_petitione: respectfully represents that prior to the year 1861 he was a lieu Forney, Klotz, ' O'Neill, Thompson, P. B. Knott, Page, Tillman, !i6!1ant m the Uruted States Navy, but upon the cmtbreak of the late rebellion he Forsythe, JO~ed the confederate forces, and by reason of such :participation in the rebellion Frost, Ladd, Persons, Townshend, R. W. Phelps, Tucker, he lB, by the fourteenth amendment to the Constitution placed under certain po Garfield, LeFevre, litical tilisabilities which he respectfully prays your ho~orable bodies will by bill Geddes, Lewis, Pbister, Tn:rner, Oscar remove. Gibson, j!11~ey, • Poehler, Turner, Thomas Upson, JOHN S. MAURY, Gillette, . Reagan Lat,e .LieUt.enant United States Navy. Goode, Lo~1>e_ry, Richardson, D. P. Vance. Gunter, Lowe, Richardson, J. S. Van Voorhis, Mr. CONGER. I desire to say that that petition is in the proper Hammond, N. J. Manning, Richmond, Waddill, form provided for by the Constitution of the United States and I Harris, Benj. W. Martin, -Benj. F. Robertson, Wait, Hatch, Martin, Edward L. Robeson, Weaver, have no objection to its reception and the action of the House thereon. Hawley, Mason, Robinson, Wellborn, The SPEAKER. The Chair hopes the House will have none either. Hazelton, McCook, R-0thwell, Wells, Mr. CONGER. Of coOl'se the Chair has its wishes and I ha.ve no Henderson, McKinley, Russell, Daniel L. Whiteaker, Henkle, McLane, Ryan, Thomas Whitthorne, desire to influence my friends around me. Theytak~ their responsi Herndon, Ryon, John W. Williams, Thomas bility ; I take mine. Hill, ~~illii1' S:imford, Willis, The bill was ordered to be engrossed and read a third time · and Hostetler, Miller, ' Sawyer, Wilson, being engrossed, it was accordingly read the third time, and p~ssed Houk, Milla Scales, Wise House, Mon~y, Shallenberger, Wo~, Fernando two-thirds voting therefor. ' Hull, Monroe, Shelley, Wright. I. WILKINSON. NAYS-53. Mr. ~OTT also, from the Comm.i~tee on the Judiciary, reported Aldrich, William Davis, George R. McGowan, Thomas, back, with a favorable recommendation, the bill(H. R. No. 3109) to Barber, Davis, Horace Miles, Thompson, Wm. G. Bayne, Deering, Mitchell, Updegraff, J. T. remove disabilities of I. Wilkinson. Brewer, Errett, Newberry, Updegraff, Thomas The petition wa,s read, a,s follows : Valentine, Browne, Farr, Orth, ANNAPOLIS, MARYLAND, January 21, 1880. Burrows, Godshalk, Pa-0heco, ~~ernam, Camp, Hammond, John Prescott, Po the lumorable United States Senate and House of Represenf.atives: Cannon, Hawk, Price, • Wilbfil., I respectfully request to be relieved from all political disabilities imposed upon Carpenter, Ha;tes, Reed, Williams, C. G. me by the fourteenth amendment of the Constitution. Caswell, HAflman, Sapp, Willits, At the breaking out of the late war I resigned the commission of lieutenant Claflin, Horr, Sherwin, Wood, Walter A. which I held in tlie United States Na.VJ.'" to side with my native State of Virginia. Conger, Joyce, Smith, A. Herr I am, very respectfully, your obeilient servant, • Cowgill, Keifer, Starin I. WILKINSON. Daggett, Marsh, Stone,' The bill was ordered to be engrossed and read a third time· and NOT VOTING-67. Anderson, Dwight, Jorgensen, Ross, being engrossed, it wa.s accordingly read the third time and p~ssed Baker, Einstein, Kelley, Russell, W.A. two-thirds voting therefor. ' ' Barlow, Ferdon, Killinger, Sin~leton, O. R. JOHN OWINS. Belford, Field, Lapham, Smith, HezekiahB. Beltzboover, Fort, Martin, Joseph J. Stephens, Mr. KNOTT also, from the Committee on the Judiciary, reported Berry, Frye, McCoid, Talbott, back, with a favorable recommendation, the bill (H. R. No. 3328) to Bowman, Hall McKenzie, Townsend, Amos r~~ove the political disabilities of John Owins, of Portsmouth, Vir Brigham, H~er, Muller, Tyler, gnna. Butterworth, Harris, John T. Norcross, Urner, Clardy, Haskell, O'Brien, Voorhis, The petition was read, as follc;>ws: Clark, Alvah A. Henry, O'Reilly, Ward, . PORTSMOUTH, VIRG~IA., Jamiary 14, 1880. Clark, John B. Herbert, Osmer, Warner, Cox, Hiscock, Overton, Washburn, Po the 'honorable Senate and House of Rep
ENROLLED BILL SIGNED, the line of said canal. The commissioners of Hie District sh.all determine the plan of said work, employ the labor to do the same by the day, week, or month, and see Mr. COFFROTH, from the Committee on Enrolled Bills, reported that it is properly conducted, and shall disbru;,'>e the money ud make report of the that the committ.ee had examined and found trnly enrolled a bill of same to Congress. the following title ; when the Speaker signed the same : Mr. HUNTON. I move that the amendments of the Senate be A bill (S. No. 891) to locate and purchase a new site for the United concurred in. States Naval Obseryatory. The motion was agreed to. MARE ISLAND, CALIFORNIA. Mr. HUNTON moved to reconsider the vote by which the amend· The SPEAKER, by unanimous consent, laid before the House a rnents were concurred in; and also moved that the motion to recon communication from the Secretary of the Navy, in answer to a reso sider be laid on the table. lution of the House of Representatives of January 21, 1880, for any The latter motion wa-s agreed to. and all information in possession of his Department relating to the CONSOLIDATION OF LAWS, ETC., FOR THE DISTRICT OF COLUMBIA. formation of bars and deposits of mud, sand, and gravel at or near Mr. HUNTON, from the Committee. for the District of Columbia., Ma.re Island, California, &c. by unanimous consent, reported as a substitute for House bill No. 2061, Mr. WHITTHORNE. Let that be referred to the Committee on to revise, consolidate, and amend certain acts of the late corporations Naval Affairs. of Wa.ahington and Georgetown, of the levy court of the county of Tho communication was referred to the Committ.ee on Naval Af Washington, and of the Legislative Assembly, and the ordinances of fairs. the late board of health of the District of Columbia, certain regula ROCK ISLAND HARBOR. tions of the commissioners of the District of Columbia, made in pur The SPEAKER also laid before the House a letter from the Secre suance of the provisions of the act of Congress approved June 11, tary of War, relative to an obstruction of the harbor on the Missis 1878, and certain acts of Congress having relation to municipal affairs sippi River at the city of Rock Island, Illinois. in the District of Columbia, a bill (H.. R. No. 3991) with the same Mr. HENDERSON. I move that that letter be referred to the Com title; which was read a first and second time, ordered to be printed, mittee on Commerce and that it be printed. and recomnritted to the Committee for the District of Columbia., not The motion was agreed to. to be brought back by a motion to reconsider. SECTION 4820 REVISED STATUTES. ORDER OF BUSDIBSS. The SPEAKER also laid before the House a letter from the Secre Mr. BRIGHT. I move that the House now resolve itself into Com tary of War, transmitting request of commissioners of Soldiers' Home, mittee of the Whole for the purpose of considering business on the Washington, District of Columbia, for certain amendments to section Private Calendar. 4820 of the Revised Statutes; which was referred te the Committee The motion was agreed to. on Military Affairs. The SPEAKER. The gentleman from Michiga.n [Mr. CONGER] LIGHT-HOUSE SERVICE. will please take the chair as chairman of the Committee of the The SPEAKER also laid before the House a letter from the Secre Whole. tary of the Treasury, relative to the building of a steamer for the Mr. CONGER. I ask to be excused. light-house on the Mississippi and Ohio Rivers; which was referred Mr. TUCKER. Take the chair. to the Committee on Appropriations. Mr. CONGER. I will be too hard on you. I ask to be excused. The SPEAKER. The gentleman from Pennsylvania, Mr. MITCHELL, SAMUEL BEATrY AND ALEXANDER DR.AKE. will please take the chair. The SPEAKER also laid before the House a communication from The House accordingly resolved itself into Committee of the Whole, the Secretary of War, transmitting papers in the claims of Samuel Mr. MITCHELL in the chair. . Beatty and Alexander Drake; which were referred to the Committee The CHAIRMAN. The House is now in Committee of the Whole on War Claims. for the consideration of business on the Private Calendar. IMPROVEMENT OF ALLEGHENY RIVER. Mr. FINLEY. I rise to a parliamentary inqhlry. The SPEAKER also laid before the House a letter from the Secre The CHAIRMAN. The gentleman will state it. tary of War, relative to the improvement of the Allegheny River, in Mr. FINLEY. By Rule 129, the first and fourth Fridays of each Pennsylvania; which was referred to the Committee on Commerce. month are objection days. This is the fifth Friday of the month. I desire to inquire whether this is objection or consideration day 'f LAUNDRESSES IN THE ARMY. The CHAIRMAN. It is consideration day. The rule expressly pro The SPEAKER also laid before the House a letter from the Secre vides that the first and fourth Fridays only shall be objection days. tary of War, transmitting the petition of First Sergeant John H. Mr. FINLEY. T.he rule provides that the first and fourth Fridays Willis, Battery M, Third Artillery, relative to the act of June 18, 1878, of each month shall be objection days. This is neither the first nor abolishing laundresses; which was referred to the Committee on Mil the fourth Friday. itary .Affairs: Mr. McMAHON. I suppose that where certain days are fixed by PATENT OFFICE REPORT. the rule as objection days, all other days are consideration days. The SPEAKER also laid before the House the annual report Qf the The CHAIRMAN. That is the conclusion of the Chair. Commissioner of Patents for the year ending December 31, 1880 ; GEORGE EYSTER. which was referred to the Committee on Patents, and ordered to be The first business on the Private Calendar was the bill (H. R. No. printed. 2796) for the relief of George Eyster; reported from the Committee ORDER OF BUSINESS. of Ways and Means by Mr. DUNNELL. Mr. BRIGHT. I now renew my motion to go into Committee of The bill was read, as follows : the Whole for the purpose of considering business on the Private Cal Be it enacted, d:c., That the Secretary of the Treasury is hereby authorized and endar. directed to pay, out of any money in the Treasury not otherwise appropriated., to Mr. HUNTON. I ask the gentleman to yield to me for a moment. George Eyster of Philadelphia, the sum of eBS2.50, the same being the amount Mr. BRIGHT. I will do so with the understanding that the busi stolen from said Eyster while he was assistant treasurer of the United States by a ness the gentleman desires to call up shall give rise to no debate. subordinate in his office, without the fault or negligence of said George Eyster. The report was read, as follows: IMPROVEMENT OF THE GROUNDS SOUTH OF THE CAPITOL. The Committee of Ways and Means, to whom was referred the bill (H. R. No. Mr. HUNTON. I am instructed by the Committee for the District 1448) for the relief of George Eyster, assistant treasurer of the United States at of Columbia. to ask consent that HouRe joint resolution No. 169, mak Philadelphia, having bad the same under consideration, make the followin~ report: ing an appropriation for filling up, draining, and placing in good George Eyster was assistant treasurer of the United States at Philadelphia in September, 1873, when his accounts with the Government showed a deficit of sanitary condition the grounds south of the Capitol along the line of $882.50. This amount had been stolen by a dishonest subordinate. .All the facts the old canal, and for other purposes, returned from the Senate with in this case appear in a report made by the Committee of Ways and Means of the amendments, be taken from the Speaker's table for the purpose of Forty-fourth Congress, and also by t'he same committee of the Forty-filth Con gress. The facts as therein set forth your committee make a part of this report. concurring in the amendments. These faets are well sustained by the papers in the case, and are as follows: There was no objection, and the bill with the Senate amendments Soon after the passage of the new mmt law, approve« February 12, 1873, and thereto was taken from the Speaker's table. operative on and since April 1, 1873, the Treasury Department issued instructions The amendments were, in line 3, after the word" dollars," to in for the examination of the gold coin in his office, so that such portion as fell below the limit of abrasion fixed in the law might be recoinea. His office had on hand sert " or so much thereof as may be necessary ; " in line 6, after the on the last-mentittned date, in gold coin, the sum of $6,134,320. words "purpose of," to strike out the words "employing the poor of The work of separation was commenced and carried on as rapidly as the busi the District in the work of;" in line 8, after the word "condition," ness of the office would warrant, and shipments for recoinaae were made from to insert '' the old canal; " and, after "grounds," to insert "of the time to time to the mint. At length, on the 8thfa.y of Sept.em'ber, 1873, when the work wa>S nearly completed, and as a quantity o light coin ($315,0IKJ) was about to United States; " in line 9, before the word "canal," to strike out the be sent away, it occurred to the cashier that it would be better to have it weighed, words" the old" and insert" said;" in line 11, after "work," insert and it was accordingly done, and revealed the fact that one bag, supposed to Clintain "employ the labor to do the same by the day, week, or month;" and $5,000 in quarter eagles, was $1,000 short. at the end of the joint resolution to add ''and make report ef the same Ween this discovery was made all the gold coin then in the office was also weighed, full weight as well as light, when it was discovered that one of the full. to Congress; " 110 as to make the joint resolution. read : weight bags contained an excess of $200, leaving a net short of $800. The full That the sum of $20,000, or so much thereof as may be necessary, be, and the weip;ht bag con~g Ute excess bad been counted, put up, and marked by the same is hereby, appropriated, out of any moneys in the Treasury not otherwise ap clerk who had heretofore charge of the receipt of coin from the cust-0ms-office. propriated, for the purpose of filling up, draming, and placing in .-:ood sanitary The bag referred t-0 was one peculiar in appearance as well as in the manner in condition the old canal, the grounds of the United States south of the Capitol, along which it was marked. The '• over " had necessarily a connection with the '' short,'' • 624 CONGRESSIONAL RECORD-HOUSE. JANUARY 30, and in this connection the peculiar character of the bag containing the excess waa ing possession of public funds, even though he has given bond, goes suggestive. Besides, it was discovered that the ba(J' that was found to be short straight forward in the discharge of his duty without any shadow of was an unseparated bag, although it ~ad been placed'among those that were " sep neglect or fault, and is overtaken by the misfortune of having a por arated " and light. Mr. Eyster immediately investigated the matter, summoned to bis presence Ben tion of those funds abstracted by a dishonest clerk, the Government jamin F. Bond, the clerk refe~ed to, and put to him many question~, bot~ in pri can very much better afford to pay him that money than he can afford vate and before witnesses. His answers for the most part were eqruvocating and to lose it. very unsatisfactory. He professed an ignorance of such matters that must or should have been within his knowledge. Mr. MORSE. And in this case the clerk was not· appointed by him. The clerk' expressed the conviction, before he had been examined by Mr. Eyster, Mr. DUNNELL. In this case, as the gentleman suggests, the clerk that the loss would be laid to his (Bond's) charge, and when it was proposed to was not an appointee of the officer. He was in the office when Mr. weiah the coin, Bond protested that it waa useless to do that; that the money Eyster took possession of it. wo~d be found all right. • Mr. Eyster, in view of the above factB, felt it bis duo/ to dischar~e Bond, which Mr. REAGAN. But was promoted by him. he immediately did, and caused the remaining bags ID the office oearing Bond's Mr. DUNNELL. He was in the office when Mr. Eyster entered it, mark to be examined; whereupon they discovered that in numerous instances he was regarded as an honest, upright clerk; such was his character up had put up bags .of quarter-.eagles one or more pi~ short, whicJ;i would account to the time when he was promoted by Mr. Eyster with the unani for the increase ID the deficit from $800 to $882.5-0, with the exception of a counter feit half eagle found in one of his bags. mous approval of the officers of the Government there. ~t is not at all probable that an honest man could put up a single bag with one Now, if we relieve this man as the bill proposes, I do not think it piece short without finding his account for the day one piece over; but when this will be an encouragement to any roan to be careless or negligent in occurred sometimes twice in a single day or week, and very many tinles in a few the discharge of his duties as a public officer. If this man is allowed weeks or months, without once finding he had anything over, if this was from care lessness why was it not manifested just once or twice in having one of the bag~ this !3UID of 882.50, I do not believe it will make him in the least over 1 No; the committee are of the opinion, based upon the facts of the case, degree careless or negligent hereafter, because if he should come that Bond was a dishonest clerk. . here again for relief he must show an absolutely" clean bill." He On Mr. Eyster's taking charge of the treasury at Philadelphia, he found this man in the office, and becoming aware of his capacity and usefulness, retained him must demonstrate that he was free from fault and negligence. not only in office, but promoted him, having no doubt of bis original honesty. I hold that the Government cannot go to the extent which waa pro Mr. Eyster some time since submitted all the facts in the case to the Solicitor of posed here in debate the other day. When an officer is overtaken by the Treasury, and was by him referred to the district attorney of the United States misfortune through the bad faith of some clerk of whom he has not in Philadelphia. The district attorney, in a letter dated February 28, 1876, discourages a prose the slightest suspicion, who has developed dishonesty under peculiar cution in the United States court for the reason that, in his opinion, the offense is temptations, to hold the principal officer in cases of this kind abso not punishable under any statute of the United States. lutely responsible for the money thus abstracted would be too severe Mr. Eyster is of opinion that the coin was abstracted upon the theory that if a rule. once at the mint and melted, the absence of $1,000 in so great a quantity would either not be noticed at all, or else attributed to abrasion. I believe, Mr. Chairman, that we do not pay very exorbitantly claims The committee feel fully satisfied that the loss of this coin was in no degree coming before us here. I believe that more good claims are defeated through any negligence or remission of the official duty of Mr. Eyster. in committees than bad claims passed ; and, as I have said, I would The petitioner first asked Congress to authorize the Secretary of the Treasury to rather see a doubtful case passed through occasionally than that this credit him with the sum of $882.50. Before Congress had passed any act thus authorizing the Secretary to credit this amount, the Secretary ~rdered Mr. Eyster Government should deny justice to those who are entitled to it. I to pay the amount of the deficit into the Treasury of the United States. Having think this man is entitled to relief. done this the petitioner now asks that there be paid to him out of the Treasury of Mr. FINLEY. Has Mr. Eyster made good this money to the Gov- the United States the sum of $082.50. Your committee report back a. substitute to ernment¥ H. R. No. 1448, and recommend its passage. Mr. DUNNELL. He has. Mr. DUNNELL. I move that this bill be laid aside to be rnported Mr. FINLEY. The report does not show that. , favorably to the House. 1 Mr. DUNNELL. The report shows in the latter part that he asked Mr. REAGAN. Is the bill before the Committee of the Whole for the Treasury Department to credit him with the money that had been consideration T lost, and t.he Department would not do so. The CHAffiMAN. It is. Mr. SPARKS. It wa-s charged to him. Mr. REAGAN. Only. a few days ago a bill very similar to this in Mr. DUNNELL. It was charged to him a.nd he paid it. Now he principle was before the House. How many others of a similar char comes in and asks that he be repaid. acter there may be I know not. Mr. SPRINGER. When this bill was reached on last Friday I This is a case of loss of the Government money in the hands of a objected to it, not for the reason that' I objected to it on its merits, bonded officer, through no fault or dereliction on the part of the Gov because I did not know what the merits of the case were, but since ernment. The bill proposes to relieve this officer, and is accompanied then I have had an opportunity to examine it. I think it is a bill by a statement that even the man who is charged with having em which ought to pass, and for this reason: The Government of the bezzled·or stolen the money was not liable to prosecution. Now, of United States can better afford to lose this sum of money than the what use is it to require bonds of public officers if in every case in officer in question, aa it appears this officer was not in default in the which public moneys pass out of their hands they are by some means slightest in this matter. to be relieved from the loss Y What security is there for the public Mr. FINLEY. Let me inquire in this connection whether the offi Treasury if we are to puraae this course of permitting public officers cer was not in default in keeping in his employ a man whom the re to trust whom they please with the management of money and when port says had been abstracting money daily, which he could not have it is lost come to Congress for relief Y If we are to adopt this prin done without this officer being guilty of laches T ciple of relieving all officers charged with the custody of public funds Mr. SPRINGER. I will answer the gentleman from Ohio. The as soon as they lose those funds, without any fault, neglect, or omis report shows the abstra.ction was without the knowledge of this pub sion of duty on the part of the Government, it seems to me we had lic officer, but was so studiously concealed from him and covered up at better stop taking bonds at all and let these officers make up their the close of each month as to be absolutely beyond the power of reason accounts, crediting themselves with money stolen, and we taking no able diligence to detect. further trouble about it. The evidence in this case shows the public officer was without any I repeat what I said a few days ago on a similar bill. Start these fault. That he is an honest, efficient, and capable officer there is no precedents as you are starting them in this Congress, and I predict dispute or question. When a public official, in the discharge of the that the cases coming to us for relief will increase with exceeding ordinary duties of his office, is not guilty of the negligence in the pro rapidity. If an officer finds that when there has been a loss of money tection of the public funds, but goes forward faithfully discharging intrnsted to him he has nothing to do but to come to Congress and, his duties and exercising that reasonable precaution in guarding the notwithstanding his bonded obligation, obtain release, you will in a public funds that ordinary business men would exercise in the man very short time find plenty of officers needing relief. We shall in agement of their own bnsinesR, I say it is unjust that such a man this way directly encourage peculations upon the Treasury; we shall should suffer by reason of the dishonesty of a subordinate. encourage bad practices and worse principles. When men accept these Mr. BUCKNER. Will the gentleman permit me to ask him a ques positions of responsibility and give-bond for the faithful performance tion' of their duties, they ought to understand that they are to take care Mr. SPRINGER. Certainly. of the public money intrusted to them or make up the defficiency. Mr. BUCKNER. What reason can be given that this assistant treas Mr. DUNNELL. Mr. Chairman~ the report which has been read, urer did not take a bond for the faithful discharge of the duties of a report of the Committee of Ways and Means, is I believe unanimous. each one of his clerks ¥ The gentleman from Texas [Mr. REAGAN] must remember, if he will, Mr. SPRINGER. I do not know whether the law required him to that the action proposed in this bill corresponds with that pursued by do so or not, but I think the law should be so a.mended that ea.ch of the Government for very many years. I think there has not been a these public officials who is charged with the disbursement and hand Congress from the foundation of the Government in which there did ling of public funds should give a bond to the Government, and be not arise one or more cases like this. Certainly there has been no responsible to the Government upon that bond for the protection of session since the gentleman from Texas has been here when we have the public funds which he handled, and that a public officer should not relieved bonded officers of the Government from losses which not be required to be responsible for the dishonesty of subordinates they have sustained without any fault or negligence on their part. who were in the office when he took charge of it, and for whose ap I believe that in all instances like this, of postmasters and other public pointment he was not responsible. officers, the committees have required it should be clearly proved that I believe in the Government dealing fairly and justly with its pub the officer was a.bsolntely free from all possible fault or neglect in any lic officials ; and wherever a public officer has shown by his conduct way. that he haa exercised the same diligence and the same care in the dis I hold, Mr. Chairman, that whe~ an officer of the Governmenthav- charge of his public duties that a private individual would do, the 1880. CONGRESSIONAL RECORD-HOUSE. 625
Government can better afford to meet iosses from these unavoidable Government was not in default, and if not provided for in the law accidents, unavoidable thefts, if I may use the harsh term which is now the law-making power should provide hereafter that every man perhaps proper in this case-that the Government is better able to charged with the handling of the Government money shonld be com sustain these losses than the public officer who is faithful, and not pelled to give a bond and to be responsible for the funds placed in wanting in ordinary prudence and diligence in the protection of the his hands, so we should not hold the chief officer responsible and re public funds. quire him to give bond for the honesty of a vast number of subordi l\Ir. REAGAN. I ask the gentleman to yield to me. nates, over whom he could exercise no control beyond ordinary dili Mr. SPRINGER. I will yield to my friend from Texas. gence. Mr. l\IcMILLIN. What I wish to ask the gentleman from Illinois Why, we relieved the Treasurer of the United States (l\fr. Spinner) is this: You speak of this being a theft; now, if this public official in a case not much different from this, and I believe there was no keeps a thief in bis office, ought he not to be heJd responsible for the objection to it. He had thirty or forty thousand dollars stolen from occasion of that theft'? the Treasury when he held the office of Treasurer of the United Mr. SPRINGER. After he :finds out the man is a thief and he keeps States, and witho_ut any opposition, as I understand, Congress relieved him in office, then he should be held responsible. But that is not the him from that loss. -0ase here. l\Iy friend from Kentucky [Mr. CARLISLE] supplies the fact that I l\Ir. McMILLIN. Ought he not to be diligent in inquiry V could not remember, namely, as to the amount of the sum for which Mr. FINLEY. That's it. we relieved Ex-Treasurer Spinner- 61,000. That is the sum which Mr. SPRINGER. He bas been diligent. The evidence shows he Congress voted to Mr. Spinner to make good his loss. And what were was a faithful official, and used the ordinary precaution for securing the circumstances 7 It was an ordinary burglary committed on the honesty in the discharge of the duties of his office. Treasury Department of the Vnited States by which this amount of Mr. FINLEY. Who has the floor Y money was stolen from the Government of the United States; and l\Ir. SPRINGER. I have the floor. I have not yet yielded it. Mr. Spinner was as much responsible for the loss of that $61,000 as Mr. FINLEY. I thought the time for discussion had been ex Mr. Eyster is responsible for the loss of $800 in this case. hausted. Mr. REAGAN. But l\Ir. Spinner did not trust the man with the The CHAIRMAN. The gentleman is entitled to an hour, as there money which he stole. has been no order closing debate. Mr. SPRINGER. It might have been urged that Mr. Spinner ought Mr. SPRINGER. The five-minute rule does not apply until the to have had the door locked when the thief was coming, or that he general debate has been closed, and that has not yet been done. I ought to have had a faithful person on guard, and that he did not now yield to my friend from Texas. take those precautions. But we all believed ]ifr. Spinner exercised Mr. REAGAN. Mr. Chairman, I want to say one word, and that is the reasonable diligence which a public officer should exercise who to call attention to the fact that both the gentlemen who have spo has custody of public funds, and for that reason Congress relieved ken, the gentleman from Wisconsin and the gentleman from IDinois, him of the responsibility. If Mr. Eyster had not exercised the ordi place the grounds upon which relief is asked in this case upon the nary diligence of a public officer, and had by any negligence allowed fact that it is better for the Government to lose this money than for this money to ~e stolen or embezzled by a dishonest clerk, I would a private individual. · hold him to his bond. But I hold that where, as in this case, au offi What is the Government of the United States as represented through cer has established by a long term of service a reputation for honesty, its Treasury' Is it not the people, and the whole people, of the coun during a long management of the public funds, it is unjust to hold try 7 It has very often astonished me, sir, to hear gentlemen talking such a public 0fficer responsible in a case of this kind, and he ought about the" Government" relieving the wants, necessities, or accidents to be relieved. If he were guilty of the slightest ne~lect I would not of others. They seem to go upon the idea that ifile Government is relieve him, but would hold him to the hard conditions of his bond, a thing with exhaustless treasure, costing nobody anything, that there which I think are hard in this case and in every similar case where is no injustice in taking its funds.from it, and that there is no moral we seek to hold officers responsible. impr•priety in failing to protect it. But, sir, it is the people's Treas Mr. BROWl\TE. The other day I opposed the granting of relief to ury, and if we vote a dollar of money out of that Trea~ury, and give the assistant treasurer of the United States at New Orleans because it to some one not legally entitled to it, we take it wrongly from the I believed that in that case the report of the committee did not show people. I have never understood in the course of my life the philos that the officer was free from fault. If I comprehend the report of ophy which treats the property of the Government, and the using of the committee in this case, it is that the loss occurred in consequence Government moneys, in any other way than we treat any question of the dishonesty of a clerk over whose appointment the officer had transferring the money of one citizen to another. That is all there no conbrol. The clerk was put there by the Government, and its is of that point. I trust we shall not proceed upon the idea that we officer had no authority under the law to exact from him a bond of do no wrong to anybody by taking the money out of the Treasury. indemnity. I have always believed that where the loss of tHe public We take it from the people. We require them to be taxed to pay it. funds was occasioned by an inevitable accident the officer ought to There is nothing disclosed in this that any precaution had been taken be relieved. If the Treasury, as in the case referred to by the gen by this officer to protect himself against loss. He kept this man in ·tleman from Illinois, [Mr. SPRINGER,] was robbed by a burglar, with office-the report shows that he found him there-a man of good rep out fault on the part of the Treasurer of the United States, there was utation-he was handling money by the millions, no bond, no security certainly no impropriety in Congress giving relief. asked of him. It was his own voluntary trusting of this man. Is Now, I cannot see any difference in principle between the case there a man on this earth, managing his private business, who would where a burglar from the outside enters through the door in the night trust in the hands of another man such vast sums of money ·with no time, breaks open the money-chests and abstracts the money, and the steps taken for its security at all T case where the Government itself puts the thief in a position where But, sir, independently of all that, I repeat what I said the other he can take the money. It appears that a person was put there pur day on another case from New Orleans like this, and what I may have posely by the Government, who turns out to be a thief; he is put by to repeat on a number to come, that whenever it gets to be fashion the Go•ernment in custody of the bonds, ap.d is thus given the op able to reimburse men who have lost money belonging to the Govern portunity of committing the theft. If it be true, as is reported by ment of the United States, when the Government is in no default, you the committee in this ca.se, and I take it to be so, that the Govern will :find sub-treasurers, postmasters, internal-revenue officers-you ment of the United States puts a clerk into the Treasury without the will :find that the whole brood Will get to losing money constantly, consent of the officer having charge of the funds, at least it assumes and it will become a fashionable disease, and there will be no end to it. the right and authority of placing him there, and if, after the Gov Mr. SPRINGER. I yielded to the gentleman from Texas, suppos ernment puts him there, giving him the opportunity, he commits the ing he intended to ask me a question, but as he has made a speech larceny, I think the officer ought to be relieved. But if it turns out replying to a portion of the remarks I have submitted, I desire, there to be true that the clerk is of the officer's own election, or if it turns fore, to be heard further on this subject. out to be true that the officer might under the law indemnify himself The gentleman from Texas misrepresents me. He states that I said it by requiring a bond and has failed to do so, in either of these cases the would be better for the Government to lose this money than for a pri loss ought to be made good. It is negligence on the part of an offi vate individual to lose it. I made that statement, however, with this cer intrusted with a public fund to take into his employment a per .addendum, that it would be better for the Government to lose it son having in any measure the control of it, and not to require from -than for a private individual to lose it who was not in any way in him a bond where, under the law, he had the right to exact one. That default himself. I take the case of my distinguished friend from is a negligence, and in such a case he ought not to be relieved from New York, who, perhaps, has a mercantile hoUBe being carried on in its consequences. I think it would be an exceedingly unsafe and · the city of New York, which he may have left in the hands of a fore hazardous precedent to gi\e the treasurer or other custodian of the pub man, and one of the subordinate clerks may be guilty of embezzle lic funds the authority to appoint a clerk, and if he exercises that right ment. Now, would you not say he would be a hard master if he and makes the appointment of a clerk or other agent who turns out ·should go to that foreman and say, pay me the money that my dis to be dishonest, for the Government, in that case, to give the officer honest clerk stole 7 relief. For there he exercises the power of selection, and I apprehend Mr. SPARKS. I wish to ask the gentleman a question. whether there be any statute on the subject directing or all~wing it Mr. SPRINGER. Certainly. to be done or not, under the common law, under the recogmzed law Mr. SPARKS. You said it is better for the Government to lose of the country, under such circumstance, he would have the ri~ht to where the officer is not in default, but at the same time the Govern exact from his employe an obligation with security indemmfying .ment has not been in default T him against any loss either by negligence or by dishonesty. . Mr. SPRINGER. That is the point I tried to make. I said the I shall always vote against giving relief in either of the cases I X--40 -
626 CONGRESSIONAL RECORD-HOUSE. JANUARY 30,. have mentioned, either where the dishonest employe is of the officer's this office as Mr. Eyster was, and had been told by his predecessor~ own selection, or where under the law he has the right to exact from the outgoing assistant treasurer, that there was a clerk there who the employe a bond and fails to do so. But in the case where the had been in the office for a number of years, who had a perfectly good Government exercises the authority to appoint, and puts into anoth record, would the gentleman accepting so important an office as that. er's employment a clerk or other custodian of the funds, it makes him have "cleaned out" that clerk without any earthly evidence against the bailee; he is the Government's agent. If the Government puts him¥ a clerk there and he turns out to be a thief, after the principal has Mr. SPARKS. The gentleman asks me a fair question and now I exercised proper discretion and reasonable diligence, in all such cases will answer it as fairly. Yes, sir; if I am appointed to an office in I shall vote, and vote cheerfully, to relieve the officer. volving the custody of millions of the public money, I will select men Mr. SPARKS. I think this case goes further in this direction than that I myself know to be honest and reliable to assist me in the dis any case that has ever before been brought before this Honse. The charge of the duties of that office, and not take or keep men of whom gentleman from Minnesota[Mr.DUNNELL] has most clearly presented I know nothing except from the recommendation of others. it. The clerk of the assistant treasurer of the United States at Phila Now, I want to state to the gentleman another fact, that there is delphia abstracted $800 of the money of the Government then and no really careful assistant treasurer in the United States who does there in the custody of that officer. Of course, the assistant treas not do that. I have had some practical experience on that subject. urer had to account for and make good the money so lost. I was once myself a land office receiver, and thereby became ac Now, this officer by this bill desires t~ be relieved of this loss and quainted with these matters. I know that of the assistant treasurers have that amount refunded to him, upon the ground that he himself with whom I have ha-d business relations, not one of them ever was not in default, but that a clerk in his office waa the thief. Why, dreamed of going into office and being compelled to keep the clerks sir, that ca~e is just as broad as the claim of a banker would be in who were there under their predecessors. Does it stand to reason whose bank I may have deposited my money, and from which his that they would do it 'I Does it not stand to reason that a man hav clerk has stolen it, when he (the banker) should ask me to relieve ing charge of millions of the public money would insist upon select him from the payment of that money which I deposited in his hands ing that class of confidential agents that they knew well and in whom for the reason that it has been stolen by his clerlc I can see no dif they had full confidence, to assist them in taking care of and properly ference. controlling such large money interests as are committed to their- Do any of these gentlemen here insinuate that these assistant treas charge f I take it that such is the fact, the rule, and the law. . urers of the United States have clerks forced upon them 7 I know It is true that when a man comes into office and finds a clerk there that is not so. They have the control of their own clerks, and are he may, if the clerk is satisfactory and sufficiently recommended to responsible for the a-0ts of their clerks, or else there can be no safety him by his predecessor, retain him ; but he must stand the conse to the public. I state that to be the fact. No authority of the Gov quences. It then becomes his own appointment, and by retaining him ernment is exercised in the appointment of clerks for assistant treas he makes him his own officer. In such case to insist that the assist urers. ant treasurer should be relieved because his own agent and confiden Mr. BROWNE. Will the gentleman from Illinois [Mr. SPARKS] tial clerk thus selected should abstract and steal the people's money permit me a moment 7 is, it seems to me, to open a very wide door to peculation and fraud. Mr. SPARKS. Certainly. Mr. McMILLIN. Is it not a fa-0t also that large salaries are given Mr. BROWNE. I want that question made clear. I understood to these officers in order to compensate them for every possible loss. from the statement of the gentleman who has charge of this bill [Mr. of this kind f . DUNNELL] that in this instance the Government exercised the right Mr: SPARKS. I suppose the salary is graded according to the re or the power of appointing the subordinate of this assistant treas sponsibility incurred as well as the labor to be done. urer-- Mr. MCMILLIN. And every time we attempt to reduce the salary Mr. SPARKS. That is a mistake. of one of these officers, is not the hue and cry raised that his respon Mr. BROWNE. And that in consequence of the dishonesty of this sibility is so great 1 subordinate so appointed by the Government this money was lost. Mr. DUNNELL. This officer dn'ring his official term has handled Mr. SPARKS. I will explain that. In this case, as shown by the hundreds of millions of dollars without one cent of deficiency other report of the committee, the assistant treasurer found this clerk in than this. The salary paid him was $4,500 a year. office, and he continued him there by making him his own officer. A MEMBER. What was his bond f Gentlemen will also perceive that in this particular case this assist Mr. DUNNELL. Two hundred thousand dollars. ant treasurer himself promoted this man. He not only kept him in Mr. SPARKS. The bonds in all these cases are, as they ought to the position he found him in, and from which, when he went into be, large, and the responsibility of the bondsmen carefnlly scrutinized• . office, he had the right to remove him and put in his place his own Mr. DUNNELL. A clerk whose dishonesty was not developed until confidential agent, but he promoted him. after his appointment, and could not be foreseen by his principal, Mr. MORSE. Had he the right to remove that man without the takes out half a dollar at a time from this bag and that, making alto consent of the Government f gether $88'2.50. There were over $6,000,000 counted on that very day. Mr. SPARKS. Unquestionably he had the right to remove him. . Mr. SPARKS. We are not questioning that this money was stolen• . Mr. DUNNELL. Let me correct the gentleman. This man was in We take it for granted that the committee has reported the facts the office of the assistant treasurer. that this amount of money in the assistant treasurer's office was ab Mr. SPARKS. Yes. stracted by his clerk, the money being in the custody of the assistant Mr. DUNNELL. Confirmed in that position by the Treasury De treasurer and he being responsible for the acts of his clerk as a banker partment. He was not there by virtue of an appointment made by would be accountable for the acts of his clerk. the a.ssistant treasurer. Now, what was the Spinner case which my colleague has alluded Mr. SPARKS. By whom was he appointed f to T In that case the loss was occasioned by a burglary. The office Mr. DUNNELL. By the Secretary of the Treasury. of the Treasurer was entered by burglars, and the money stolen by Mr. SPARKS. These clerks are not appointed by the Secretary of them. Therefore General Spinner could come to Congress with some the Treasury. show of reason and ask reimbursement for the money which had thus Mr. DUNNELL. This clerk was there, having been nominated by been taken, not by any act of his or of any agent for whom he was re the a.ssistant treasurer and confirmed by the Secretary of the Treas sponsible, bnt by thieves for whom he certainly was not responsible, ury. He was in office with a good record up to the time that this as who entered the office and stole it. sistant treasurer took the office, and he continued in the discharge of We have had some other cases of that sort, and they present grave, the duties of his position, this assistant treasurer keeping the man questions. It is not every case of that kind, by any means, in which who had previously a good record. I would approve of reimbursement. I hold to the doctrine presented Mr. SPARKS. I cannot yield to all this interruption. If the gen by the gentleman from Texas, [Mr. REAGAN,] that these officers should: tleman from Minnesota [Mr. DUNNELL] states that these clerks are be held to a rigid account for every dollar coming into their hands, not appointees of the assistant treasurers and controlled by them, unless lost by means wherein there is no fault on their part and where· then I am either in error or he is; t.hat is a square issue. the Government is clearly in default. In the case of General Spinner Now, I say that the clerks of assistant treasurers are appointed by the Government may have been in default. Perhaps it was incumbent and belong to them, so far as the power of controlling them is con on the Government to provide a safe or a building so strong that cerned. No clerk can be kept in the office of an assistant treasurer, burglars could not enter it. Perhaps, therefore, in cases of that kind. in opposition to the wishes of that officer. That is my statement, relief ought to be granted. It strikes. me, however, as a correct gen and it makes a square issue. Does the gentleman say to the con eral principle that th~ officer should be held responsible for all losses trary T except where the Government is very clearly in default. The assistant treasurer has the power to appoint his clerks. It may Let me give an illustration. Suppose the Government funds are be necessary for him to receive some confirmation from the Secretary being conveyed by an agent from point to point under an escort fur of the Treasury. But he is the clerk of the assistant treasurer, and nished by the Government; the escort is overpowered or proves. when that officer goes into office he has the power to clean out all of the unfaithful; and we will further suppose that it was a part of the clerks at once, and appoint such clerks as he may choose to enable contract entering into the relation of custodian that the escort should him to discharge the duties of the office for which he is responsible be furnished by the Government; in cases of that kind I should think to the Government. That is the rule and the law. the Government ought to suffer the loss or refund the money; but in Mr. DUNNELL. Will the gentleman let me ask him a qnestionf no case should it do so where there has been no default on the part. Mr. SPARKS. Certainly. of the Government. In cases like this now before the House, where Mr. DUNNELL. I will ask the gentleman if he had been put into there has been simply a loss of money through the larceny of an agent. 1880. CONGRESSIONAL REC.ORD-HOUSE. 627
select~d by the officer asking to be reimbursed, a clerk indorsed and a gentleman of great integrity of character, extremely careful in all promqted by the assistant treasurer himself, it certainly is not in his acts, and vigilant, that it was prudence and care on his part which cumbent upon nor will it do for Congress to refund the money and at last discovered this loss of eight or nine hundred dollars through thereby reimburse the officer for such loss. this subordinate. Under the law establishing the mints in the United Mr. O'NEILL. Mr. Chairman, I was not disposed to take part in States in 1872 or 187:3 the 8ecretary of the Treasury ordered all the this discussion. I had made up my mind to support the bill, and in assistant treasurers at the various sub-treasuries in the country and doing so follow the unanimous report made by the Committee of all the superintendents of mints of the United States to have a re Ways and Means. Having found that in the last Congress Mr. Rob count of bullion. The law almost required it to be done. This count bins, of North Carolina, then a member of the Committee of Ways was made under the supervision of careful officers in Assistant Treas and Means, made a report similar in effect and purpose, recommend urer Eyster's office. AB they were coming to the close in reference to ing the repayment of this money, and also that in the Forty-fourth the bullion, which under the order of the Secretary they were obliged Congress Governor Thomas, of Maryland, then a member of the Com to count, it was because of the extreme care on the part of Mr. Eyster . mittee of Ways and Means, made a report recommending the passage and his cMhier that this error of $800 or so was discovered. I say it of such a bill, I had determined to vote in accordance with those re was the vigilance and watchful care of this officer which brought ports. this loss to light. I will say to the gentleman from Illinois [Mr. SPARKS] that the Now, what did he do 1 AB soon as be discovered this amount in ca£e to which he has referred, that of General Francis E. Spinner, for default which had been embezzled by this man Bond he discharged many years Treasurer of the United States, was in many respects ex him. Mr. Eyster bad been in office two or three years. Bond had actly similar to this. The bill which we passed reimbursed him for held over, coming to him highly recommended by his predecessor, and a number of items. The largest of those items was for a loss occa he promoted him, I suppose, because he found in him ability in the sioned by burglary; but the same section of the law, to which I ask discharge of his business and, as was supposed, integrity. But that, the attention of the committee, and approved March 3, 1873, contains, sir, does not argue against the treasurer as being wanting in diligence. as the gentleman will find, several allowances for embezzlement by AB soon as he discovered this man had done wrong he discharged him. dishonest clerks and employes. The section is as follows : Subsequently, as appears by the report, Mr. Eyster paid the amount SEC. 2. That the sum of $.61, 174.52, lawful money, be, and it hereby is, appro of the loss into the Treasury of the United States. priated, out of any moneys in the Treasury not otherwise appropriated, to reim I think, in conclusion, Mr. Chairman, taking these three reports burse Francis E. Spinner for losses incurred in his office as Treasurer of the United from three distinct Committees of Ways and Means of this House, States, through embezzlement on the part of employlls and otherwise, without neg ligence or fault on his part, namely: Loss by the embezzlement of Seth .Johnson, this Congress, from that fact alone, would be perfently justified in late interest-teller, $37,894.20; loss by the embezzlement of F. A .. Marden. late paissing this bill. I hope the bill will be passed. It is but just to a chief of division of accounts, $11,413.97; part of a package of new notes stolen highly meritorious official. from the division of issues, $11,500; amount found short in an actual count of Mr. FINLEY. I have no doubt from the fact stated by the report $131,000, specimen currency, $71.77; amount found short in an actual count of the paying teller's cash, twenty cents; amount found short in an actual count of a of the committee they were justifiable in coming to the uonclusion package of new notes, $1; amount found short in an actual count of a. package of they did, that the man who took this money without authority wa.a new notes, temporarily made good by the original counter, 20; amount found short a thief. I think the facts fully carry out the committee in coming in an actual count of the funds of the redemption division, 131.37; amount found to the conclusion that the man who stole the money was a thief. short in an actual count of the funds of the cash division, 14:?.0l; in all, $61,174.52. Gentlemen, however, insist we should make good this money to Mr. I do not think that-in this Congress or in any other we shall estab Eyster because they claim he himself was guilty of no want of care lish a. principle which will forbid reimbursement of a public officer in permitting nearly a thousand dollars to be stolen from him. Of for losses occasioned by the dishonesty of a clerk. course Mr. Eyster showed ~ great deal of diligence in locking the There are upon the statute-book plenty of precedents made by for stable after the horse waa stolen. My opinion of the matter is that mer Congresses for the passage of a bill of this kind. The case of if he had exhibited one-half of the diligence before that he did after the assistant treasurer at New York, Mr. Hillhouse, was very similar ward, we would not be called upon here to make good a thousand to this. In that case a large amount of money-thousands of dol dollars stolen from his possession. There is sufficient on the face of lars-bad been embezzled by a dishonest clerk, as is recited in the act this report to show that Mr. Eyster has been guilty of negligence in itself, which is as follows: this matter, and it is setting a bad precedent for Congress to refund .An act for the relief of Thomas Hillhouse. assistant treasurer of the United States this money which was stolen from Mr. Eyster by an employe of his in New York City. own appointment. Be it enacted by the Senate and House of Representatives of the Unit.ed Sf,at,es of America in Congress assembled, That the proper accounting officers be, .and they Mr. KELLEY. That is a mistake; he found him in office when he are hereby, authorized and directed to allow Thomas Hillhouse, assistant treasurer came to it. of the United States at .r ew York City, in the settlement of his internal-revenue Mr. FINLEY. I beg the gentleman's pardon. The report reads he stamp account, a credit for the sum of $185,000, being the proceeds of sale of inter nal-revenue stamps embezzled by .James I. Johnson, a clerk in his office, without found him there when he came there. the default or negligence of said assistant treasurer. Mr. KELLEY. Yes. Approved March 5, 1874. Mr. FINLEY. AB soon as he assumed the duties of the office, if he Here is also an act passed by Congress and approved by the Presi continued in office the clerks and employes, they at once became his. dent which is a precedent for this kind of remedial legislation: He certainly had the right to remove them. If he confirmed the ap An act for the relief of Capt.a.in Charles McClure. pointments he found there, then they became his by virtue of that Be it enacted by the Senat.e and House of Representatives of the UniUd Stat,es of confirmation. If he, furthermore, promoted this man to a higher America in Congress assembled. That the proper accounting officers, in settling and office, then undoubt.edly he became his. adjusting the accounts of Charles McClure, captain and commissary of subsistence, Now, then, the agent of this man steals a thousand dollars from the United States Army, are hereby directed to credit said McClure with the sum of $844.63, on account of loss of that amount in 1869 and 1870, by the embezzlement of Government. The committee say he stole it. The committee say it a. clerk in his employ, the amount being lost without neglect or fault of said Me was the act of a thief ; and yet I find in the report here that the Clnre. district attorney gave the opinion that the thief this man bad ap Approved March 3, 1873. pointed and promoted could not be prosecuted under the law for lar There are also other cases where relief has been given in like man ceny. It is the first time in my experience that I ever heard that a ner to make good the embezzlement of subordinates ; for instance, in thief could not be prosecuted for larceny if the proof could be made the case of the cashier of William B. Thomas, formerly collector of against him, and to this day that man's agent has not been prose the port of Philadelphia, and also in the case of the embezzlement cuted but is at large. by a subordinate under John L. Thoma-a, collector of the port of Bal But was it not negligence in Mr. Eyster to permit bis own agent timore. I might go on multiplying precedents. to take from these bags money day by day in small sums without A gentleman appointed to a responsible position like that of United ever counting the bags 'f As the committee report, it is a loss which States assistant treasurer, upon entering his office finds employed would have been detected, or ought to have been detected, by the use there a body of clerks who are recommended to him by his predeces of proper diligence. Now, then, waa it not negligence on his part sor as honest and capable of performing all their duties. Naturally not to make the discovery ; not to know that his clerk was abstract he retains those clerks. Especially in such institutions as the sub ing the money . treasuries of the United States it is a very delicate thing, indeed, to But his negligence did not stop here, for it appears onraading this remove a man from a position if he has been correct in his dealings report that after it was discovered that Mr. Bond, this agent or clerk, as an official. had abstracted this money, for it appears that it was stolen, Mr. Eyster And besides, Mr. Chairman, according to the theory of the gentle did not go to work to count the money on hand in those bags; but it man from Illinois you might as well argue that the Secretary of the appears he simply counted the bags which bore the mark of Mr. Treasury should be chargeable with such losses, for he at last is the Bond, the defaulting employe. For all we know another dishonest one who really appoints the clerks in the office of the assistant treas clerk or agent may turn up when he counts the other bags, and that urer at Phi!adelphia, or the office of the assistant treasurer at Boston some other agent or dishonest clerk has abstracted a thousand or two or elsewhere, as the case may be. Those assistant treasurers cannot thousand dollars, and we would have Mr. Eyster coming here again make any appointment without first submitting it to the Secretary asking that he shall be reimbursed for that loss. Now, that was the of the Treasury, and before any subordinate is really and absolutely duty of Mr. Eyster, and he ought to be held responsible for the honesty in his position his nomination must be confirmed by the act of the of his clerk, and the honest keeping of the money intrusted to his care. Secretary of the Treasury. So in all positions subject to duty under Gentlemen say that his salary is so low and his bond is so large the Treasury Department. that this would work a great hardship. My answer to that is, if he One word further in this matter. I hold in this very instance, as cannot employ clerks in w horn he has foll confidence, and with whom I read this report, and as I happen to know personally from Mr. Eyster, he is willing to intrust the money on a small salary and a large bond,. B28 CONGRESSIONAL RECORD~HotrsE. all he has to do is to resign, and they will find somebody else who dictment, and for aught I know has been indicted and punished ; and will take care of it and perform the service. He is not bound to re yet you say the law makes him indictable, but we will inflict the pecu main, and I believe it is setting a bad precedent to make good to any niary penalty upon a man who could not have prevented the crime. officer the losses sustained by the dishonest act of his clerk, for Mr. REAGAN. The report shows he could not be indicted. whose honesty he is accountable. If this loss had occurred in con Mr. KELLEY. I hold in my hand a case of the Supreme Conrt in sequence of a :fire or of a burglary, or of some casualty over which which it is held that such clerks may be indicted. It is the case of he had no control and could not prevent, it would raise an entirely the United States against Hartwell, page 385 of 6 Wallace. differeB.t question. But here we have his own servant, his own Mr. FRYE. If the gentleman will allow me I will state that that agent, the person he both appointed and promoted, abstracting this case goes to the extent of holding that this cashier was the disburs money, and J think it would be unjust and improper to reimburse ing officer of the Government; that he was not a clerk of the sub him for this loss. I think he should be held responsible. treasurer. And you would adopt the ~octrine here to-day, or it is · Mr. KELLEY. I desire to say, Mr. Chairman, that the Committee urged by gentlemen on the ~ther side, that the Government shall hold ef Ways and Means have three times investigated this case. Three the assistant treasurer responsible for the stealings of a man whom differeB.t Committees of Ways and Means have examined it, and have the United States courts determine was the disbursmg agent of his always arrived at the same conclusion, that Mr. Eyster had not been own Government. I say it L'! an outrage upon justice or equity. guilty of negligence, or in any way been derelict in his duty. Mr. KELLEY. I have said all I had to say on the question. "'W'hat wer8 the circumstances of the appointment of this dishonest Mr. MILLS. One would suppose, from the arguments which have cl&k1 It kad been made by Mr. Eyster's predecessor. The clerk was a been made, that every head of a Department in this Government was man who had borne uniformly through life a good character and en an insurer against all losses incurred in that Department by the acts joyed the confidence of his employers and of the community. He wa-s of subordinates. Have gentlemen considered just exactly where this not subject to removal by Mr. Eyster, as he could not have been ap leads f The Secretary of the Treasury, for instance, is required by pointed by Mr. Eyster. The assistant treasurer may nominate a law to appoint so many clerks; the Postmaster-General so many; clerk when there is a vacancy, but the Department at Washington all these Departments are required to have so many clerks ; s<> many confirms it. He is a clerk of the Department, and can only be re of one class, so many of another. Is it intended by these gentlemen meved by the Department on cause shown. that the Secretary of the Treasury is responsible for any defalcations Now, Mr. Eyster's first suspicion arose from the discovery of this that may occur by any one of the five hundred or one thousand clerks peculation, and as soon a-s suspicion was created he took immediate who have been appointed by him f He is compelled by law to make action for the removal of the man and for his punishment. There is these appointments; he cannot escape making these appointments; ' no -possible degree of negligence chargeable to him. The case comes and he has to take his chance in making his selection, as every other aga.in within the line, a long line, of precedents in which men have man has to do, of selecting as best he can honest and capable men. been reimbursed under similar circumstances. To say that a salary of $5,000 or $6,000 is a sufficient guarantee Mr. HUTCHINS. May I ask the gentleman a question T against a liability for losses of perhaps half a million of dollars is sim Mr. KELLEY. Yes, sir. ply an absurdity on its face. What man of pecuniary responsibility Mr. HUTCHINS. Is there any case where money has been paid would accept the office of Secretary of the Treasury, or that of any into the Treasury by a defaulting officer, and appropriation has been other head of a Department with a salary of $8,000, and be responsi made by Congress to pay it out again Y Have there not been cases ble for the loss of $10,000,000 i It is simply to offer a premium for where the parties have settled with the Government and paid the rascality to establish such a precedent. It is simply to is ue an inter money into the Treasury'? diction against men of pecuniary responsibility from :filling such Mr. KELLEY. I do not hear the gentleman's question distinctly. offices. It is to farm out the offices to soldiers of fortune, as one high Mr. HUTCHINS. What I desire to know is this: Is there any prec court has declared. edent, where the money has been paid by the defaulting officer into That is the argument tha~ is ~a.de in the interest of economy here, the Treasury, that an appropriation has been made by Congress to that heads of Departments m this Government are ~o be responsible reimburse MJ.d return it to the party by whom it was paid T for the thousands of subordinates under them whom th~y are com Mr. KELLEY. Yes, sir; if I understand the gentleman's ques pelled to appoint by the authority of law. They cannot help it; they tion-- cannot evade it. And the argument is still carried further, and it is Mr. HUTCHINS. Will the gentleman. cite an instance Y said that the heads of Departments are responsible for subordinates Mr. KELLEY. I cannot reply immediately from memory. I know that they neither have appointed nor have power to remove. And that there have been such cases. we are asked for precedents for this thing. Why, sir, if there be no Mr. HUTCHINS. The Spinner case is not such a case, neither is precedent, and it is right, lei1us make one; if there are a thousand the Hillhouse case, which hlls been alluded to here. precedents, and it is wrong, let us disregard them. Mr. KELLEY. My colleague hands me a paper, in which I find The question at last turns upon this: Is the officer responsible for the following bill for the relief of Mr. Spinner: the peculations and frauds of a subordinate whom he was compelled SEC. 2. TR.at the sum of $61,174.52, lawful money, be, and it hereby is, a:ppropri to appoint under a law which he could not help obeying T and is his ated out of an;v moneys in the Treasury not otherwise appropriated, to reunba.rse little salary of 4,500 given to him by. this Government to cover as Fmneis E. Spmner for losses incurred in his office as Treasurer of the United with insurance a possible loss of a million of dollars T States througll embezzlement on the part of employes and otherwise, without negligence or fault on his part, namely: loss by the embezzlemeat of Seth John Mr. MCMILLIN. It is his bond that covers that. son, late interest teller, 37,894.20; loss by the embezzlement of F. A. Marden, late Mr. MILLS. The only liability that the law fixes upon the supe chief of division of accounts, $11,413.97; part of a package of new notes stolen rior officer is to exercise ordinary diligence. If he has not been guilty from the divisio• of issues, $11,500; amount found short in an actual count of of any neglect, if he has not disregarded his own duty to the Govern ml,000, specimen currency, in.77; amount found short i? an actual count of the paying teller's cash, twenty cents ; amount found short m an actual count of a ment, he is not responsible in the eyes of the law, in the eyes of the paokage of new notes, 1; amount found short in an actual count of a package of Government, or in the eyes of any honest man for the loss of subor new notes, temporarily made ~od by the original .coun~!:.. $20 ; amount found dinates under him. And for Congress to establish the precedent that shwt in au actual count of the tunds of the redemption division, $131.37 ; amount every man taking a position as head of one of the Departments of found short in an actual count of the funds of the CMh division, 142.01; in all, $61,174:52. . this Government opens a policy of insurance over the defalcations of Approved March 3, 1873. the thousands of subordinates he may appoint, is simply to issue a There is another act, which became law on the 1st of March last: proclamation to all men of peculiar responsibility that they are pro hibited from taking such positions. An act for the relief of Albert U. Wyman, late Treasurer of the United States. The question was taken upon laying the bill aside, to be reported That the Secretary of the Treasury be, and he is hei:eby, authorized and directed to pay to Albert U. W:v!nan, late Treasurer of the Uruted St.ates, out of any money favorably to the House; and upon a di vision it was agreed to-ayes in 'the Treasury not etherwise appropriated, the sum of $2,351. 70, to reimburse said 95, noes 39. Wyman fGr two bonds of the United States known as "sixes of 1881," of the de REFUil."'DIXG OF TAXES ON MANUFACTURED TOBACCO. -nomination of $1,000 each, and coupons thereon, purchased by him to replace two bonds of like issue and amount, the propercy of the First National Bank of New The next business on the Private Calendar was the bill (H. R. No. port, Rhode Island, lost or a.bstract.ed from the vault of the national-bank division 2797) for the relief of certain citizens of Lynchburgh, Virginia, and while Treasurer of the Unit.ed Stat.es. refunding to them taxes improperly collected from them on manu Mr. HUTCHINS. Now, if the gentleman will allow me, I will ask factured tobacco; reported from the Committee of Ways and l\feans him whether General Spinner paid that money into the Treasury or by l\fr. PHELPS. whether it was simply a charge upon the books of the Treasury against The bill was read, as follows: him, and he could have no relief until that bill was passed Y Be it enact.ea, cf;c., That the Secretary of the Treasury be, and he is hereby, directed Mr. KELLEY. I do not know how that fact is; but I know that to pay to the following enumerated citizens or firms of Lynchburgh, Virginia, or to their le:;ral represent.atives, out of any mo:u.ey in the Treasury not otherwise equity is equity, and that it is no less equity if a man, :finding him appropriated, the following sums, respectively, namely: self for the time being indebted, hands the money to the Goveru To C. Ford, jr., & Son, the sum of 7,584.75; ment, that it shall not be out of interest or suffer derangemen~ in its To John T. Smith & Co., the sum of $2,512.53; accounts, and then comes to it expressing his confidence in his own To Winfree & Allen, the sum of 1,117.70; To John H. Smith & Co., the um of $1,834.60; Government that it will do by him as it bas invariably done by other To F. M. Dunnington & Co., the sum of l,819.54; faithful officers who have not been guilty of negligence or malfeas To Ferguson & Chambers, the sum of $4,093; ance; and that is the case of Mr. Eyster. A clerk appointed by the To Hancock & .Moorman, the sum of $2,478.93; Treasury, who served under him, despoiled the Treasury, and he made To William D. Miller, the sum of $1,rn3.60; To Robert Mays, the sum of $3,252.50; his accounts good ; and he now comes and asks his Government to To Tanner & Asher, the sum of $309.45; reimburse him for the crime of a Treasury clerk, over whom he had In full satisfaction oftheirclaimsforinternal·revenuetaxesimproperly collected no control, although he had supervision. That clerk is liable to in- of them on manufactured tobacco. 1880. CONGRESSIONAL RECORD-HOUSE. 629
1\Ir. PHELPS. I ask that the report be read. inated a custom contrary to law. It is a proposition to pay a pre The report wa.s read, as follows : mium to encourage an officer to assent to propositions made by tax The Committee of Ways and Means, to whom was referred the petition of C. payers which will relieve them fron:i the responsibilities of paying Ford, jr., and others, with an accompanying draft of a bill (H. R. 2797) for the relief the taxes imposed by law·, and will compel the Government to look <>f sundry citizens of Lynohburgh, Virginia, have had the same under consideration, to those who are under the law not at all liable for the payment of and submit the following report: The persons asking to be relieved in this case are C. Ford, jr., and others. In the tax. the year 1868, and fo. r some time prior thereto, they were manUfacturers of plug. In the Committee of Ways and Means I, in common with other tobacco in Lynchburgh, anu in the months of March and May in that year sold at members of the committee, disagreed from the conclusions to whick the current rates in that market, through Younger & Co., commission agents, to the majority arrived, and opposed the making a favorable report M. Seisfield, then a resident merchant there, and generally reputed and believed to be a man of responsibility and integrity, 103,306 pounds of tobacco, manufact upon this bill. I opposed it there as I oppose it here. I can see no ured by themselves. The United States internal·revenue tax on the tobacco was good reason why such a precedent should be established. I object to forty cents a pound, amounting on the quantity sold to $41,32-2.40. this bill, in addition, because it couples together a large number of By the provisions of the Revised Statutes of the United Sta.tes then in force, the persons who have individual claims, each standing upon its own manufacturers were liable to pay the tax, but a custom prevailed in that market, more or less general and uniform, by which the manufacturer, with the assent of merits. the United ~tes assessor and under a written permit from him, sold and deliv Mr. PHELPS. It was but a single transaction. ered his stock subject to the United States tax, with an agreement with the pur Mr. CONGER. These claims may have arisen out of the same set chaser that he should pay it, a difference in the price being made in bis favor of transactions, but the sales to the person with whom the supposed equivalent to the amount of the tax. Such an arrangement, sale, and delivery were made by these parties, the purchaser hating paid cash for the tobacco, less the agreement was made were all separate sales, made at different tlmes amount of the tax. and under different circumstances. It is because of the very fact tliat Under this arrangement, to which the United States assessor was thus a party, they are coupled together and attempted to be passed together, be the tobacco was assessed as the property of Seisfield, and the lists made against cause they refer to the same subject-matter, because they relate to him and duly receipted for by the United States collector, and in the month of An gus~ before the tax was collected, he shipped the tobacco and absconded. sales of tobacco by these different persons to one individuai who The collector, therefore, demanded the tax from the manufacturers, and upon failed to pay the tax, that I object to the bill. That in itself is a their refusal to pay, distrained and took possession of their establishments and had serious objection to the pa..ssage of the bill; that in itself would make advertised the same for sale, when the proprietors, in August, 1869, to avoid the the pa!IBage of this bill a dangerous precedent; it would invite the sacrifice of their property and the destruction of their business, consented to a com promise and paid the collector $26,196.60, in the following several sums, and were people of a whole community, of a whole parish or county, of a whole discharged by the Government: State, to come together to Congress and ask for such relief. William D. Miller ...... $1, 193 60 Now, if the Treasury of the United States is so full that we can go 0 back for. years and pay oat of it the money which has been collected ~~~ ¥~ · ~!rl: ~c~~:::::::::·:::::::::::::::::::::::::::::·:::::::: ::: ~: ~n ~~ for taxes according to law, paid by those who may or may not have Winfree &.Allen ...... 1, 117 70 John H. Smith & Co...... 1, 834 60 properly influenced an officer of the Government, it would be well that it should be known and understood. It would be well that it should be known and understood that the more men having some l~~~~:~tfj::.: ::::: ::: ::::::: :: :.::: ::: :: ::: ::: : :::::::::::::::: ~ ~~~ g~ what similar claims who can be associated together in a bill the bet ~a:.: ~a~iie~: ::: :: :: : : : : :: :: : : : : :: :: : ::: :: :: :: : : : : :: :: ::::::: :: ::: :: 3, ~~ ~g ter can they procure their rights, as they call them, or the better procure this relief from the Government, than if they should present 26, 196 60 their individual claims separately. From the fact that the parties acted in good faith, in pursuance of a local prac I do not see the Necessity of hurrying through this class of bills. tice, and with the assent and under a written permit from the United St.ates inter We sit here for months with men knocking at the doors of this nal-revenue assessor for that district, by whom it was understood that the tax should be assessed againet and collected from Seisfield, and as the amount of the Chamber for their pay as public officers. The marshals of the United tax was deducted from the price of the tobacco under that arrangement, the com States have performed their duties and paid the expenses of the mittee think they are entitled to relief, and recommend the passage of the bill. Government of the United States oat of their own pockets, and they Mr. PHELPS. The parties which it is proposed to relieve by this are unpaid. We cannot get reports on that subject; we cannot have bill are respectable citizens of Lynchburgh, Virginia, who, in the an opportunity for action. Bat if somebody who was bound to pay prosecntion of their legitimate business, have pa.id as taxes into the a tax under the law has paid it, and there can be presented aRy Treasury of the United States more than · 5,350,000. The transaction :flimsy excuse whatever for reaching oar hands into the Treasury and by which they disposed of the tobacco referred to in the report was taking money to make repayment where taxes have been paid ac made in pursuance of a local custom prevailing at that place, and cording to law, su~h a case receives early hearing and is rushed which had the sanction of the United States revenue officer, given in through. a written permit issued by the proper officer. Without his sanction There is a responsibility upon this House to pay, fiDSt, the known and without his permission the transaction would not have been made, and acknowledged indebtedness to public servants who have not only and these parties would not have parted with the possession of their given their time to the public service, but have paid the expenses of property. this Government out of their own pockets for almost a year. U is The material facts in this case are all set out in the report, and they time that their cases should be heard. When we have paid this in establish incontestably the equity of the claim presented by these debtedness of the country, it will be time enough to consider whether parties. The Committee of Ways and Means of the last Congress we can be liberal enough to refund t:txes properly asse sed, properly unanimously reported this bill, and that committee of the present demanded, and properly paid-taxes which, if refunded, the Gov Congress also report it with nearly the same unanimity. I move that ernment has no legal right to receive from any other source whatever. the bill be laid aside, to be reported favorably to the House. Let gentlemen tell us why we should be in such hot haste to draw Mr. CONGER. This is a case where those who were in dutybound money from the Treasury to refund taxes which were properly pa.id to pay taxes to the Government did not pay them until they were under the law, while we are refusing from month to month to hear compelled to do so by the enforcement of the law. The only excuse the demands of our own officers who have been left without fees and they now give for asking that this money be paid ba-0k to them is who are simply asking restoration of th0 money that they have paid that they by some process instituted a custom unknown to the law, con on behalf of the Government. If any one will tell me why the Gov trary to the law, and in contraven tion of the law, whereby the purcha.'3- ernment in this case should lose its taxes, if any one will tell me why ers of this tobacco were understood to agree to pay the taxes upon it. a man who, by some collusion perhaps with an officer of the G8vern Now, that did not relieve them in law from the duty of payin~ the ment, threw off upon another individual the :responsibility of paying tax; they could not relieve themselves from that duty by any such taxes which the law did not assess upon him, and the payment of agreement. which the Government cannot enforce against him, then I may cease The revenue officer had no right whatever, under any law of the my opposition to this bill. United States, to permit such a custom by which the Government Mr. TUCKER. Mr. Chairman, I beg the attention of the commit could be deprived of this tax. It is said that this tobacco was sold to tee for a few moments, while I state this case with a.ll fairness and purchasers who, by the custom then in force, were understood, among candor. these parties and by some officers of the Government, to be the par In the year 186B, before stamps were required to be placed upon ties who would pay the tax; and, having obtained possession of the packages of tobacco sold by a manufacturer, when taxes were pa1.d property, these purchasers went away without paying the tax, or failed upon assessments made by assessors in the different districts, a num in business and were .unable to pay it. That is the ca~e, if I under ber of manufacturers in the city of Lynchburgh, in my district, were en stand it aright. deavoring to make a profit by engaging in the manufacture of tobacco. This is a bill for the relief of I do not know how many persons A man named Seisfield, having a large warehouse there, carried on ten, fifteen, twenty; I do not know but more-all embraced in one an ex.tensive business as awholesa.le dealer in tobacco. It wa-s agreed bill, without any regard to the peculiar circumstances of each case. between the assessor and these parties engaaecl in the manufacture We are asked to vote back to them the taxes paid by them under the of tobacco that if they sold their tobacco to 'Seisfield they migh1' re law, because the purchasers of their property failed in business or move it without the payment of tax to the warehouse of Seisfield, i1o went away. I have to say that if we establish such a precedent as whom the tax would be charged. Hence, in selling their tobacco, that we will call around us a swarm of men almost innumerable, who these gentlemen deducted from the amount theY._ demanded from Seis could just as properly and just as honestly aBk the Government to field the tax which was due. In the sale of their tobacco they never pay back to them taxes which they ought to have paid and which received anything for the tax, the assessor saying that it might be they did pay, and which they ask to ha.ve restored to them, simply charged to Seisfield. The assessor gave a written permit for the re because they, in common with some officers of the Government, orig- moval of the tobacco to Seisfield's warehouse without the payment 630 CONGRESSIONAL RECORD-HOUSE. JANUARY 30, of tax, which was charged on the books to Seisfield. The taxes were Mr. FRYE. I wish to ask the gentleman another question. not collected from Seisfiel
632 CONGRESSIONAL RECORD-HOUSE~ JANUARY 30,
Also, the petitions of L. M. Williams and 191 others ; of A. M. Will Also, the petition of William H. Foster and others, citizens of Sa iamson and 33 others, of Brown County, Ohio; of Philip G. South and lem, Massachusetts, for the repeal of the law taxing money deposited 52 others, of Clermont County, Ohio; o.f Paul Milner and 38 others, in banks-to t he Committee on Banking and Currency. ' of Highland County, Ohio, for the passage of the Weaver soldier By Mr. MONROE : Papers relathlg to the pension cla,im of Isaac bill-to the Committee on Military Affairs. Rashon-to the Committee on Invaljd Pensions. Also, the petitions of James S. Shaw and 82 others, of Clinton By Mr. O'BRIEN: Papers relat ing to the pension claim of Mary C. County, Ohio, and of George H. Washburn and 67 others, of High Murra,y-to the same committee. _ land County, Ohio, for the passage of the equalization of bounty bill- By Mr. DAVID P. RICHARDSO~: Papers relating to the pension to the same committee. . claim of James B. F. Randall-to the same committee. By Mr. DUNNELL: The petition of S. Hall and 40 others, citizens Also, papers relating to the claim of J. G. Horton, for pay for serv of Minnesota, for the pa~sage of the interstate-commerce bill-to the ices rendered as a surgeon in the United States Army-to the Com Committee on Commerce. mittee on Military .Affair~. Also, the petition of S. Hall and 40 others, citizens of Minnesota, Also, the petition of William F. Young and other soldiers, for addi for the amendment of the patent laws-to the Committee on Patents. tional pay-to the same committee. By Mr. FERDON: The petition of Catharine Henry, widow of By Mr. ROSS: The petition. of Benjamin Van Brunt and others, for Hiram Henry, for a pension-to the Committee on Invalid Pensions. such laws as will prevent farther fishing with pnrse-netson the coast By Mr. FINLEY: The petitions of Charles R. Martin and others, of New Jersey from Sandy Hook to Cape May-to the Committee on of Seneca County, Ohio, and of H. C. Chadwick and others, of Wyan Commerce. dot County, Ohio, for the passage of a bill equalizing the pay of sol By Mr. SAWYER : Papers relating to the claim of James Brid~es diers-to the Committee on Military Affairs. for pay for rent of property used by United States authorities under By Mr. FORSYTHE : The petitions of William Middelton and 51 a contract-to the Committee of Claims. others, of Effingham County, Illinois; of John Sharp and others, of Illi By 1'-Ir. SCALES: Papers relating to the Indian depredation claimS' nois; and of B. B. Bacon and others, of Shelby County, Illinois, for the of J. W. Caldwell, C. W. Cooper, E. C. Fnlle'r, A. G. Henson, John passage of the Weaver soldier bill-to the same committee. Hensley, William M. Hardiu, J.P. Lindsey, James Martin & Broth Also, the petition of citizens of Shelby County, Illinois, for the ers, ancl Daniel E. Moore-to the Committee on Indian Affairs. passage of a law protecting innocent purchasers of patented articles By Mr. THOMAS: Papers. relating to the pension claims of Lu to the Committee en Patents. cinda Barrett, James F. Christian, ::md John A. Ferrill-to the Com Also, .the petition of citizens of Wayne Count.y, Illinois, for the mittee on Invalid Pensions. passage of a Jaw regulating interstate commerce-t o the Committee Also, the petition of Gideon L. Phelan, J. W. Adams, and 10 others, on Commerce. citizens of Illinois, late soldiers in the United States Army, against Also, the petition of members of Cherry Point Grange, No. 1223, the passage of Senate bill No. 496, in reference to pension claims-to Marshall County, Illinois, for the passage of the Reagan bill-to the the same committee. same committee. Also, papers relating to the swamp-land claim of Randolph County, Also, two petitions of citizens of Illinois, for the passage of the Illinois-to the Committee on Public Lands. bill providing for the building of a ship-canal from Chicago to the Also, papers relating to the claim of James S. Reardon for pay for Illinois River, and for the improvement of the Mississippi River losses under a contract with the Government-to the Committee of to the same committee. Claims. - Also, th~ petition of citizens of Clark County, Illinois, for an ap Also, papers relating to claim of John Hebere: for pay as an enroll propriation to purchase the patents of Remy Fohlbush for the cure ing officer of the United States-to the Committee on Military Affairs. of hog-cholera-to the Committee on Patents. By Mr. P. B. THOMPSON, JR.: Memorial of citizens of Kentucky, By Mr. GARFIELD: The petitions of Willard L. Petty and 14 in behalf of the Wilberforce University-to the Committee on Edu others, of Athens, Ohio; of 125 citizens of Ashtabula County, and of cation and Labor. W. P. Beebe and 75 others, citizens of Athens, Ohio, for the passage By Mr. AMOS TOWNSEND : The petition oi Henry Froace and 25 of a bill to regulate interstate commerce, and for relief from railroad others, for the amendment of the patent laws-to the Committee on monopolies-to the Committee on Commerce. Patents. Al.so, the petition of Jerry Wood and 108 others, soldiers of Ohio, By Mr. UPSON: Papers refating to the claim of Vidal Hernandez,. for the passage of the Wea~er soldier bill-to the Committee on for pay for transportation of cotton seized by United States military Military Affairs. authorities in Texas-to the Committee on War Claims. By Mr. JAMES: Papers relating to the claim of Nicholas Bush By l\Ir. VANCE : The petition of citizens of North Caroliaa, for a for pay for subsistence and trans~ortation of Uni~ed States troops post-route from Micaville, via B. S. Young's, Double Island, and Day during the late war-to the Committee on War Claims. ton's, to Green Mountain, North Carolina-to the Committee on the By Mr. HENDERSON : The petition of A. D. Kibbeiand 37 others, Post-Office and Post-Roads. citizens of Illinois, for the amendment of House bill No. 2526, intro Also, papers relating t6 the pension claim of John M. Taylor-to duced by Hon. A. l\f. Buss, of New York, as to pensions-to the the Committee on Jnva,lid Pensim1s. Committee on Invalid Pensions. By Mr. WASHBURN: The petition of Hugh Campbell and others;. By Mr. HILL: The petition of John Disbro and .200 othere, citizens of W. B. Quinn and others, and af E. H. Atwood and others, relative of Williams County, Ohio, for the passage of the bill to regulate in to railroad exactions and for the pa£sage of an interstate-commerce terstate commerce-to the Committee on Commerce. bill-to the Committee on Commerce. By Mr. HORR : The petition of citizens of Michigan, against the Also, the petition of Hugh Campbell, for the amendment of the passage of Senate bill No. 496-to the Committee on lnvalicl Pensions. patent laws so as to make the vendors and manufacturers of pat By Mr. HUNTON: The petition of market dealers of the District ented articles solely responsible for infringements-to the Commit of Columbia, in regard to licenses-to the Committee for the District tee on Patents. of Columbia. By Mr. CHARLE~ G. WILLIAMS: The petition of the Wa.lworth By Mr. HURD: The petition of C. U. Clark and others, and of J. County (Wisconsin) Veterans, that soldiers totally disabled by dis M. Barbour and others, for the passage of the Weaver soldier bill ease receive a pension of 50 a month-to the Committee on Invalid to the Committee on Military Affairs. Pensions. By Mr. KEIFER: The petition of Jesse Mead and 135 others, citi By Mr. WISE: The petition of 232 soldiers of Pennsylvania, for the zens of Clark and Champaign Counties, Ohio, for the enactment of passage of the Weaver soldier bill-to the Committee on l\filitary laws to alleviate oppressions arising from transportation monopolies Affairs. to the Committee on Commerce. By Mr. WRIGHT: The petitions of James Gordon and 49 others, By Mr. KETCHAM : The petition of Stephen 0. Potts and others, citizens of Western Star, Ohio, and of Jacob G. Knaus and 51 others,. of Columbia County, New York, of similar import-to the same com citizens of Berlin, Illinois, for the passage of the bill (H. R. No. 269) mittee. known as the Wright supplement act-to the Committee on Public Also, the petition of Stephen 0. Potts and others, of Columbia Lands. County, New York, for the amendment of the patent laws so as to Also, the petition of Owen Hicks and 53 other soldiers of the late protect innocent purchasers of patented articles-to the Committee war, of the townships of Union, Ross, and Fairmount, Luzerne County, on Patents. ·Pennsylvania, for the passage of a law allowing them the difference By Mr. KITCHIN: Memorial of the Board of Trade of New Beme, between the value of legal-tenders and gold in payment for their North Carolina, asking for an appropriation for the improvement of services-to the Committee on Military Affairs. Trent River, North Carolina-to the Committee en Commerce. Byl\Ir. THOMAS L. YOUNG: Memorial of the National Cotton Ex Also, the petition of T. R. Emery, J. R. Hatch, and others, of Jones ehange, !or an amendment of the census law in relation to statistics. County, North Carolina, for rui additional appropriation of $40,000 regarcling cotton-to the Committee on the Census. for the improvement of Trent River-to the same committee. Also, the petition of William A. Johnson and others, for the equal-· By Mr. LAPHAM: The petition of Rowland Ward, for an increase ization of bounties-to the Committee on Military Affairs. of pension-to the Committee on Invalid Pelilsions. Also, the petition of Charles A. Dean and others,·fur the passage By Mr. LORING: The petition of A. Rhodes & Co., for the adop of the Weaver soldier bill-to the same committee. tion and mie by the Government, in the Government buildings, of Also, the petition of Captain Robert Carrick, for appointment Sleeman's improved patent gas regulator-to the Committee on the to the Army and to be placed on the retired list-to the same com. Ventilation of the Hall. mittee.