1776 CONGRESSIONAL RECORD-SENATE. MARcH 10,

H. Owen and ofW. W. Welch-severally to the Committee on Wax braces some six or seven hundred miles of road under one control, Claims. and, talring it in connection with its control of the Georgia road, By Mr. A.. HERR SMITH: The petition of soldiers and sailors of more than that. That is all worked in connection with the expor­ the late war for an increase of pension to all pensioners who lost an tation of productions at Savannah. The Louisville and Nashville arm and leg while in the line of duty-to the Committee on Invalid system, which is very prominent and controls probably some two Pensions. thousand miles of road, or more, works in harmony with the Central. By Mr. STONE: The petition of Patrick McDonald, to be placed That combination of roads naturally looks to Savannah as an outlet on the retired list-to the Committee on Military Affairs. for a great deal of the produce that is shipped over its lines. There By Mr. TALBOTT: Papers relating to the claim of Alexander M. is then the line by way of'the Georgia and Cent.ral, through Atlanta Templeton-to the Committee on War Claims. over the Stat.e Road~ as it is called, by the Nashville, Chattanoo~a By Mr. URNER: Papers relating to the claim of Robertson Topp antl Saint Louis, al o connecting with the Louisville and Nashviue and William L. Vance-to the same committee. Road to the western cities. There are the same connections up to By Mr. VAN A.ERNili: The petition of soldiers and sailors of the Chattanooga and then connecting with the Cincinnati Southern, all late war, for an increase of pension to all pensioners who lost an arm pointing to the same object. There is also the line from Chattanoo~a and leg while in the line of duty-to the Committee on Invalid Pen­ to Memphis, Tennessee, connecting the Mississippi River with tne sions. same lines of road. In addition to that, there is what is called the By Mr. V A.NCE: A. petition for an increase of pension to oldiers Cole-Seney Syndicate, which now controls over two thou ·and miles and sailors of the late war who lost an arm or a leg while in the line of road, including its connection with the roads of what is called the of duty-to the same committee. Norfolk and \Vestern. That is building two additional links, one Also, the petition ofWilliam M. Moore, for relief-to the Committee from Rome, Georgia, to Atlanta, and the other from Atlanta to l\Iacon, on War Claims. which will soon be completed, and gives them a direct connection Ey Mr. WALTER A. WOOD: The petition of 40 citizens of Sand both with Savannah and Brunswick, Georgia. All of the e- connec­ Hill, New York, for the repeal of the tax on bank deposits and the tions by rail point to the port of Savannah as an Otitlet. lienee it is two-cent stamp on bank checks and drafts-to the Committee on that there is such a large collection of the cotton of the South, run­ Ways and Means. ning up to seven or eight hundred thou and bales a year, and going out through the port of Savannah. This presents the Southern view of the subject, but the great West­ SENATE. ern States are almost as much interested in that port as we are of the South. During several mouths of winter, when the canals are frozen FRIDAY, March 10, 1882. over, the Western States are dependent, as matters now stand, almo t exclusively upon the three great trunk lines for the transportation of Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. all the productions of the West that seek an outlet through tlle east­ The J onrnal of yesterday's proceedings was read and approved. ern cities; and many a time it happens that those three trunk lines ADJOURNME:NT TO 1\'fO~AY. a.re not able to transport the productions anything like a fast as it On motion of Mr. CAMERON, of Wisconsin, it was is desired by shippers that they should be transported. Ordered, Th~tt when the Senate a~ourn to-lby, it adjou.rn to meet on Monday The e rnilroad connections which I have ju t mentioned form next. nnother grancl outlet for the western productions and for goods going MESSAGE FRO:\>! TilE HOUSE. from New York to the West through the port of Savannah, either to A message ft·om the House of Representatives, by Mr. .McPHER­ foreign ports or to New York, as near from the \Vest as the trunk lines soN, its Clerk, announced that the House had passed the following are t-o New York from the West. \Vhen I say" as near" I mean a bill and joint resolution; in which it requested the concurrence of uem·, calculating it as we calculat-e on transportation lines, connect­ the Senate: ing land and water lines together. In other wortls, co nut ~our miles A bill (H. R. No. 4466) making appropriations for the Agricultural of railroarl, and then count on the ocean (where the road Is built by Department of the Government for the fiscal year ending June :30, nature and you only have to put on the rolling stock, so to speak, or 1883, and for other purposes; and the steamers) four miles of ocean for one of rail, and yon have from A joint resolution (H. R. No. 140) to print certain cnlogies deliv­ the city of Memphis, from the city of Saint Louis, from the city of ered in Congress upon the late Michael P. O'Connor. Louisville, and from t.he city of Cincinnati a line toNew York through Savannah as near and for some one or two of the cities mentioned EXECUTIVE COMMU:N1CATION • nearer than the trunk lines I have mentioned by which the produc­ The PRESIDENT p1·o tempore laid before the Senate a communica­ tions of the West are usually shipped to New York. Hence the open­ tion from the Secretary of \Var, transmitting, in response to a redolu­ ing of the harbor of Savannah, so a.s to make the channel deep enough tion of Jannary9, 1882, information as to the additional works neces­ that ships of large size can go in and ont, opens for the West another sary at the Falls of the Ohio River to complete the improvements great competing line equal to either of the three great trunk lines thereof; which was referred to the Committee on Commerce, and for the exportation of the commerce of the West not only to foreign ordered to be printed. 11orts but directly through New York. This is a very great matter The PRESIDENT pro tempore also laid before the Scnat.e a commu­ to the West as well as to the South. nication from the Secretary of War, transmitting reports from Cap­ What would it cost to do itT The port of Savannah is a peculiar tain A.. N. Damrell, Corps of Engineers, of examinations and snrve~ s one. The water on the bar is twenty-six feet in depth at high tide. made in compliance with the requirements in the river and harbor It ueeds no improvement. There are twenty miles of river, however, act of March 3, 1881, at certain localities in the States of !<'lorida between the bar and the city. A.t the' clo e of the war they bad all :md Mississippi; which was referred to the Committee on Commerce, been obstructed by timber and sail vessels sunk in it so as to keep and ordered to be printed. out the gunbon.ts. That obstruction had to be removed. After it The PRESIDENT pro tempm·e also laid before the Senate a com­ was removed and a system of improvement of the harbor h:l.d been munication from the Secretary of War~ transmitting reports from the commenced, it was found that there were only about thirteen or four­ Uuited States engineer officers showing the maintenance of the chan­ teen feet ofwaterthere. The engineers adopted a syst.em of improve­ nel at South Pass, Mi sissippi River, dnringthe four quarters ending ment of the channel, which with the meagerappropriationsheretoforo l<'ebruary 1:3, 1882; which was referred to the Committee on the Im­ made has increased t.he depth to from eighteen to nineteen feet at provement of the Mississippi River and Tributaries, and ordered to high tide. be printed. In the river n,nd harbor act of last year the Engineer Corps was DIPROVEMENT OF SA V A.."'

PETITIONS Al."'D MEMORIALS. the purchase of rations for the sufferers by the overflow of tlw Mis­ Mr. JONAS presented the petition of George ·w. Morse, praying sissippi and its tributaries, 25,000, orone-fourthofthe whole amount, that he be compensated for benefits derived by the Government from would be required for the transportation of supplies, leaving the the use of his breech-loading fire-arms and ammunition; which was amountfortheactual purchase of provisions at $75,000. My colleague referred to the Committee on Patents. and myselfimmediately telegraphed to the president ofthe Merchants' Mr. FERRY presented a petition of Norton Fitch and other citizens Exchange at Saint Louis, Mr. Slayback, to know if the lines of of Lisbon, Michigan, praying for legislation regulating charges for steamers on the Mississippi River would not transport tbesesupplies railroad transportation ; which was referred to the Committee on Com­ free of charge. We received a dispatch from him yesterday stating merce. that the boat-owners declined to carry the freights except at cost Mr. HALE presented the petition of N. B. Nutt and other citizens rates; that they would carry free the agents of the Government but of Maine, praying for an appropriation to be used in removing a led~e not the supplies. in Eastport Harbor in that State; which was referred to the Commlt­ .This morning Mr. Holliday, who is at the head. of the largest tee on Commerce. transporting house. at the \Ve t, at Cairo, called upon me with the Mr. MORRILL presented two memorials of importers, dealers, and suggestion that there were five Government boats and some fifty­ brokers in tea and coffee of the city of New York, remonstrating odd launches and yawls now at Mound City and Cairo unemployed, against the removal of the d.i.fferential duty on tea and coffee between and which could not beemployedon account ofthehighstate ofthe the United States and the possessions of Holland; which were re­ water in the Mis:sissippi River and its tributaries in work upon rivers ferred to the Committee on Finance. and harbors. I called upon Secretary Lincoln, and drew his attention to the REPORTS OF COMMITTEES. fact that the necessity was immediate, and that these boats might Mr. HILL, of Colorado. The Committee on Post-Offices and Post­ be used. The difficulty is that the supplies are landed by steamers Roads have had under consideration the bill (S. No. 1424) to author­ on high points on the bank of the Mississippi River, but cannot be ize the Postmaster-General to supply fourth-class post-offices with transport-ed to the interior, to the people who are now upon the post-marking and other necessary implements, and report an amend­ ridges. Upon one ridge in Southeast Missouri there are 2,500 people ment to the Post-Office appropriation bill and recommend that the to-day subsisting upon such supplies as may be carried to them in bill be indefinitely postponed. dug-outs, fiat-bottomed scows, and the improvised boats which the The PRESIDENT pro tempo1·e. The bill will be indefinitely post­ people in the vicinity can bring into employment. When I called poned, and the amendment will be referred to the Committee on upon Mr. Lincoln he suggested that the only difficulty wa.s that Appropriations and printed. these boats are under the control of the Engineer Department; that Mr. DAWES. I am instructed by the Committee on Appropria­ Congress had made a specific appropriation or appropriations for tions, to whom was referred the bill (H. R. No. 3208) making appro­ the Engineer Corps, and that a resolution of Congress would be priations for fortifications and other works of defense, and for the necessary in order to empower him to use these vessels at once. armament thereof, for the fiscal year ending J nne 30 1883, and for I ask the Chief Clerk to read the communication which the Secre-. other purposes, to report it without amendment. As1 there is no tary of War has been kind enough to send to me. I presume there amendment there is no occa-sion to reprint the bill; and I shall at an can be no doubt about the necessity for this action. early day next week call it up for consideration. Mr. HARRISON. Mr. President- The PRESIDENT pro tempore. Does the Senator from Mis ou.ri NICARAGUAN CLAIMS CONVENTION. give wayf Mr. MORGAN, from the Committee on Foreign Relations, reported :Mr. VEST. Certainly. the following concurrent resolution; which was read: Mr. HARRISON. I do not rise tomakeanyoppositiontothejoint Resolved by the &nat£, (the House of Epresentatives concurring,) That the Presi· resolution. dent be requested to bring to the attention of the Government of Nicara~a the necessity of arranging by a convention for the final settlement of all lliW:Ijusted Mr. EDMUNDS. I reserve the right to object to its present con­ claims existing between the Government of the United States and the Government sideration. of Nicaragua., and claims of citizens of the United States against the Government The PRESIDENT pro tempore. Does the Senator from Indiana. of Nicaragua. wish t6 make his remarks before the letter is read f Mr. MORGAN. I ask for the present consideration of the reso­ Mr. HARRISON. No, sir; I would be glad tohavetheletterrea-d. lution. It will only take a moment. The PRESIDENT pro tentpore. The letter will be read. The PRESIDENT pro tempore. The resolution is before the Senate, The Acting Secretary read as follows : if there be no objection. W .AR DEP ARl'MEl.~, Mr. MORRILL. I had suppo8ed that nearly all the former unad­ Washingt9n Oity, March 10, 1882. justed claims had been settled with that government. I desire to SIR: Refei:ring to your verbal inquiries this morning, I have to advise you that the Government owns on the Mississippi River a number of steamboats and some know from the Senator from Alabama what are the facts in relation launches and accompanying row-boats of various sizes, which could be used for to the amount of existing claims which are yet unsettled between the purpose of assisting in the distribution of subsistence stores, except for the fact the two countries T that their officers and crews are paid out of river and harbor appropriations for Mr. MORGAN. They range somewhere between five and six mill­ specific works, and without authority from Congress I would not feel authorized to employ these crews on any work not contemplated by the special appropriations ion dollars in favor of citizens of the Unit-ed States. There are also out of which they are paid. some counter claims in favor of citizens of Nicaragua, which of The :Mississippi River commission also has several boats engaged in the per­ course the resolution does not talre into consideration. The object formance of the work for which appropriations have been made, to be expended is bring the fact to the attention of the Nicaraguan Government by it. There is no other objection than that which I have mentioned to the use of to these boats to assjst in distributing subsistence stores, as they are not now actu­ that these claims exist. ally being used in the river and harbor works on account of the high stage of water The PRESIDENT pro tempo're. The question is on agreeing to the on the Mississippi River. reselution. Very ;espectfully, yours, The resolutio;n was agreed to. ROBERT T. LINCClLN, Secretary of War. THE MISSISSIPPI OVERFLOW. Ron. G. G. VEST, U. S. Senat£. Mr. VEST asked and, by unanimous consent, obtained leave to Mr. HARRISON. I only rose to correct what I thought was a mis­ introduce a joint resolution(~. R. No. 47) authorizing the Secretary of conception on the part ofthe Senator from Missouri as to the probable War to use Government vessels for the transportation and distribu­ cost of the transportation ofthese supplies. The Commissary-General tion of rations furnished by the United States to the sufferers by the ofthe Army, a-s I am informed, atfirstprovisionallyset apart 25,000 Mississippi overflow; which was read the first time at length, as fol­ against the expense of the transportation of the supplies, of course lows: being entirely without information as to the a-ctual cost of distribu­ Resolved by the Senat£ and House of Represmtativu, cl:c., ThAt the Secretary of tion. I since learn, however, that the cost of forwarding the sup­ War be directed to use the steamers and other boats and vessels belonging to the plies to the places where they have been deposited for distribution -Government upon the Mississippi River and its tributaries, or so many thereof as may be necessary, in the tranaportation and distribution of the rations and sup­ has been only a little over a thousand dollars; so that the first ex­ plies furniahed by the United States, or individuals, to the Sllfferers by the recent pectation of the Commissary-General and the Secretary of War as to .overtlow of said rivers, the expense of manning, equipping, and navigating such the probable cost of transportation to the general points of distribu­ steamers and boats to be defrayed out of the funds belonging to the Engineer Corps. tion was greatly an overestimate. Mr. VEST. I will state to the Senator from Indiana that I bad a Mr. VEST. I ask for the immediate consideratioll of the joint conference this morning with the Commissary-General, the Secretary resolution. of War, and the Chief of the Engineer Corps, having just come from Mr. HAWLEY. I should be glad to have the Senator explain the the War Depa,rtment. TheCommissa.ry-Generalstated that the bulk rea-son why ho provides that the expense of transportation shall be of the supplies had been forwarded to Memphis, and 26,000rations had paid from the appropriations for the Engineer Corps. Has there been been sent to Southeast Missomi-5,000 sent to one point, 5,000 to consultation upon that point T another, and then 8,000 to one point and 8,000 to another. But the Mr. VEST. I was about proceeding to explain it. difficulty, as I said before, is simply in this, as any western man who Mr. SHERMAN. Let the j.oint resolution be read again. knows that country will at once t·ecognize: there is no trouble in The joint resolution was read the second time at length. forwarding these supplies to places like Memphis or to New Madrid, Mr. VEST. I will state that day before yesterday the Secretary 1\!issouri, or to Baton Rouge, Louisiana; but the trouble is then in ·Of War called the attention of my colleague [Mr. COCKRELL] and getting the supplies to the interior, to the people who are on the ;myself to the fact that while Congress had appropriated $100,000 for ridges, the only portions of the country which have escaped from this XIII-112 1778 CONGRESSIONAL RECORD-SENA-TE. MARcH 10,

overflow. Small boats have to be used. As the Commissar~-General River, and I think that would be the· best appropriation to take i~ himself says, possibly only two steamers would be necessary. These out of. steamers draw from iive to eight feet of water when loaded, and they Mr. VEST. I drew the join·t resolution in accordp.nce with the cannot go outside of the main channel of the Mississippi River. It suggestion of General Wright, of the Engineer Corps. He states that is the smaller boats that we want to use. he has money in hand with which to man and equip these boats. When I applied to the Secretary of War, while he recognized the These boats have been used by the Engineer Corp in certain river necessity, as the letter states, and made no opposition, he still brought and harbor improvements. in the objection in regard to the fimds out of which the payment was Mr. ALLISON. So I unde:rstand. to be made, and suggested that if Congress would authorize it he Mr. VEST. And there are certain appropriations which are set woulu immediately use these"boats for this purpose. aside by the War Department for the Engineer Corp·. Therefore I The people of Saint Louis are doing all they can ; individuals are have inserted the words as they are. But if the Senator from Iowa paying liberally; the Merchants' Excha.nge is contributing, as are can suggest any words which will more aptly express.my meaning men voluntarily all over the western country so far as I am ii.tformed, and object, I shall accept them. I know in my own State, because hundreds of people are upon the Mr. ALLISON. I do not know that I can suagest better wordR, point of starvation beyond any sort of exaggeration. I ~ve no color­ but I only call·the attention of the Senator to the fuct that as a matte.r ing to it. All we ask now is simply to use these boats if necessary, of law there are no funds belonging to the. Engineer Corps, so that I in the discretion of the Secretary of War, to give immediate relief. think that language will not enable him to employ these vessels. I cannot conceive how any man can object to it. Mr. VEST. Very good. Then I will say "out of any money in Mr. HOAR. I was about to suggest to put in the words" author­ the Treasury not otherwise appropriated," and that will cover it. ized in his discretion," instead of the language used. Let the resolution be amended in that way. Mr. VEST. I have no objection to that. I have the fullest confi­ Mr. CONGER. Then there should be added: "which amGunt is. dence in the Secretary of War. hereby appropriated for that purpose." Mr. HOAR. That phrase was used in the recent measure regard­ Mr. VEST. Let those words be added. . ing the issue of tents to these sufferers. The PRESIDENT pro tempore. Is there objection to the ainend­ Mr. COCKRELL. I ask that the telegram from the Merchants' ments just suggested t The Chair hears none, and they are agreed to. Exchange of Saint Louis be reau. It shows what they are doing. The joint resolution was reported to the Senate as :~.mended, and The PRESIDENT pro tempo1·e. The telegram will be re:td. the amendments were concurred in. The Acting Secretary rearl as follows : Mr. FERRY. Let the resolution be read as it stands. SAINT LOUIS, MISSOURI, March 8, 1882. Mr. ALLISON. It should be" the necessary sum is hereby appro­ To F. M. COCKRELL and G. G. VEST, Washington, D. 0.: priated." Your tele!!I'alll received. We cannot get free transportation, but the companies The Acting Secretary read the joint resolution. as amended, as fol­ are disposed to be very liberal, being willing to charge cost rates; besides this are lows: contributing their portion of supplies ana are doing much to relieve sufferers That the Secretary of War be authorized, in his discretion, to use the steam.er~J. along the river free of charge. Report.s continue t() come in of a very discouraging and other boa.ta and vessels belonging to or now employed by the Government upon nature and our people are anxious to do their portion to relieve sufferers, but the the Mississippi River and its trioutaties, or as m:mythereof as mn.y be necessary, demand is so great the Government must continue a generous assistance. We feel in the transportation a:nd distribution of the rations and supplies furnished by­ gratified at the interest mR.nifested by yourselves for the people in this valley. the United States, or individuals, to the sufferers by the recent overflow of said. CHARLES E. SLAYBACK, rivers, the expenses of manning, equipping, and navigating such steamers and Pre8ident Merchant8' Eaxhange. boa.ta to be defrayed out of any money m tbo Treasury not otherwise appropri­ Mr. EDMlTh'DS. ~hould like to hear the joint resolution read ated, which necessary sum is hereby appropriated for that purpose. for information. The joint re olution was ordered to be engrossed for a third read­ The joint resolution was read at length. ing, read the third time, and pa sed. Ur. EDMUNDS. I wish the Secretary would be kind enough to read the form of that resolution, the enacting clause. Is it a joint BILLS L"'TRODUCED. re olution or a concurrent resolution f Mr. JACKSON (by request) asked and, by unanimous consent, ob­ 'The Acting Secretary read as follows : tained leave to introduce a bill (S. No. 1438) to equalize the pay of Re$olved by the Senate and House of Representatives of the United States of America the officers of the Navy; which was read twice by its title, and in Oongress assembled. referred to the Committee on Naval Affairs. Mr. EDMUNDS. Now will the Secretary plea.se read again the Mr. PLATT asked and, by unanimous consent, obtained leave to de cription of the vessels to be employerl Y introduce a bill (S. No. 1439) granting a pension to Lydia Smith; The Acting Secretary read a.s follows : which was read twice by its title, and, with the accompanying paper, referred to the Committee on Pensions. To use the steamers and other boats and vessels belonging to the GoYernment He also asked and, by unanimous eonsent, obtained leave to intro­ upon the Mis~sippi River and ita tributanes. duce a bill (S. No. 1440) relating to the registration oftrade-mm:ks;· Mr. EDMUNDS. The question that occurred to my mind was which was read twice by its title, and, with the accompanying papers, whether that description would cover the particular kind of boat referred to the Committee on Patents. that is necessary for this purpose. Are there not boats that do not :Mr. l\IcDILL asked and, by unanimous consent, obtained leave to. belong to the United States but which are employed by the.United introduce a bill (S. No. 1441) to provide for a postal card with flexi­ States in the river and harbor business and by the 1\fississippi River ble cover to conceal the message written thereon; which was read commission, chartered vessels that are under our control but are not twice by its title, and referred to the Committee on Post-Offices and the property of the Government 7 Post-Roads.' Mr. COCKRELL. Let the amendment be m!l!de, "belonging to 1\Ir. HOAR (by request) asked and, by unanimous consent, obtained or employed by the Government." leave to introduce a bill (S. No. 1442) providing for the purcha.se o:f 1\fr. EDMUNDS. I am merely inquiring, because if we are going Forbes's historical art collection; which was read twice by its title. to do this thing we want to do it properly. "Belonging to or em­ Mr. HOAR. This bill is a bill to purchase a collection of illustra­ ployed by," I think would be better. tions of various battle-fields; a very remarkable collection, I am The PRESIDENTpro t;en-,pore. If there be no objection that amend­ informed by the gentlem:tn who requests me to present the bill, ment will be made. which are very important as illustrating the military history of the Mr. ALLISON. I should like to hear the last clause of the .resolu­ late war. I think, therefore, thls bill should go to the Committee tion read. on Military 4-ffairs and not to the Committee on the Library. I The Acting Secretary read as follows: move its reference to the Committee on 1dilitary Affairs. The expense of manning, equipping, and navigating such steamers and boats to The motion was agreed to. be defrayed out of the funds belonging to the Engineer Corps. Mr. BROWN a.sked and, by unanimous conse-nt, obtained leave to. Mr. FERRY. I would suggest that the words "now employed" introduce a bill (S. No. 1443) to appropriate $350,000 for the improve­ or "already employed" be used, so as not to cover any steamers that ment of the harbor of Savannah; which was. read twice by its title, might be @mployed by the Government; that is broad authority. and referred to the Committtee on Commerce. Mr. EDMUNDS. Insert "now" after "or," so as to read" or now Mr. VOORHEES (by request) asked and, by unanimous consent, employed." That will make it safe. obtained leave to introduce a bill (S. No. 1444) to aid in the con­ The PRESIDENT p1·o tempore. That modification will be made. struction of the Maryland and Delaware Ship-Canal, and to secure to 1\fr. ALLISON. I wish to ask the Senator from Missouri whether all vessels of the United States service for all time the ri&ht of navi­ this resolution was prepared at the War Office. gation through said canal free of tolls and charges; whicn. was read .Mr. VEST. Iwrotetheresolutionaft& receiving the letter of the twice by its title, and, together with the accompanying paper , re­ Secretary. ferred to the Committee on Transportation Routes to the Seaboa,rd. 1\ir. ALLISON. I do not think the resolution accomplishes the Mr. HALE asked and, by unanimous consent, obtained leave to. purpose .intended. There are no funds, I will say, at the disposal of introduce a bill (S. No. 1445) granting additional pension to John the Engineer Corps pr

' 1882. CONGRESSIONAL RECORD- SENATE. 1779

ALCOHOLIC LIQUOR TRAFFIC. The PRESIDENT pro tempore. The hour of one o'clock has ar­ rived. The first business in order is Senate bill No. 861. The Senate, as in Committee of the Whole, resumed the consid­ eration of the bill (S. No. 861) to provide for a commission on the subject of the alcoholic liquor traffic, the pending question being on the amendment of Mr. L~GALLS~ after the word "taxation," in line 10, to strike out "and its general economic, criminal, moral, and scientific aspects in connection with pauperism, crime, social vice, -the public health, and general welfare of the people," and insert in lieu thereof '' and society; " so a ' to make the clause rea-d : And it shall be their duty to investigate the alcoholic liquor traffic, its rela· tious to revenue and taxation and society. The question beingpntadivision was called for, and the ayes were26. lli. CONGER. I think this of importance enough to ask for the yeas and nays. The yeas and nays were ordered. lli. CONGER. I wish tosayaword upon the amendment. Almost the entire body of the petitions and memorials representing the wishtls of tho e who desire this investigation to be made have used this languaO'e. I followed it in the bill. It seems to be the direc­ tion which the judgment of those who have petitioned Congress takes in this matter. Now, why should there be left out the relations of the alcoholic liquor traffic to the "general, economic~ criminal, moral, and scientific aspects in connection with pauperism, crime, social vice, the public health, and general welfare of the people f" Why should there be substituted for this direction of investigation the simple question of its relations to "society Y" What possible object can there be for the friends of this mea£ure to vote to leave it in that general, uncertain condition of investigation 'f As I said before, if the desire of the Senate is to eliminate from this bill all that is valuable, to take out of the bill all that i ' peti­ tionedfor, we are approaching tbat condition with great celerity by these various amendments. I'n my judgment a cliange in there­ spect now proposed will make this bill comparatively useless for the purpose of the investigation which so many hundred thousand peo­ ple have demanded Congress should provide for. You take away from this bill its efficiency and its value by taking away t~e direction of the investigation and the subjects which are to be investigated. I consider this one of the most important bills for the welfare and prosperity and peace of society, and of the people of the United States, of any that has been or will be presented in this Congress. Hundreds of thousands of intelligent peopJe and many b~evolent societies have petitioned Congress for the little investigatl""ml which is required here; and if gentlemen desire to make that investigation valuable they should strengthen this bill rather than weaken it. I do not myself understand why a bill of this kind should have elimi­ nated from it all these directions suggested for the investigation which the friends of temperance through the country desire. You might better refuse to pass it, better Ia.y it on the table, better tell these hundreds of thousands of petitioners that this Senate has not the m~mt>l courage to pass a bill granting their request, for that is what 1t means. The roll was called. Mr. HARRIS. I wish to state that my collea(l'ne [Mr. JACKSON] has left the Chamber because of indisposition. Upon general ques­ tions he is pa..ired with the Senator from Wisconsin, [Mr. CAl\IERON.] I do not consider this a question that the Senator is bound to be paired with him upon. Mr. CAMERON ofWisconsin. I did not understand that my pair extended to this and consequently voted. I thought he and I wonld agree on this amendment. Mr. HARRIS. I did not know whether the Senator had voted or not; but it is perfectly correct for the Senator to vote if he deems it proper to do so. Mr. FERRY, (after having voted in the negative.) Since voting it occurs to me that I am paired with the Senator from Delaware [Mr. SAULSBURY] on all questions. Therefore! withdraw my vote. I see he is not present in the Chamber. Mr. GROOME, (after having votedjn the affirmative.) 'F.aere is a general understanding between myself and the Senator from New York [Mr. MILLER] that we are paired upon political questions. I am informed that the Senator from New York is absent from the Chamber, and that he would vote "nay" upon this question if he MESSAGE FROl\1 THE HOUSE. were here. I therefore withdraw my vote. A message from the House of RepresE!ntatives, by Mr. :MCPJ;IERSO.N, The result was announced- yeas 24, nays 25 ; a-s follows: its Clerk, announced that the House had pa-ssed the followmg bill YEAS---24. and joint resolution; in which it requested the concurrence of the Allison, Coke, . Harris, Slater, Senate: Bayard, Davis of lllinois, .rona , Teller, Beck, Edmunds, .Tones of Florida, Vance, A bill (H. R. No. 4754) to admit free of duty certain steam-plow Brown. Garland, Morrill, VanWyck, machinery now at the port of San Francisc.o; and . . Cameron of Wis., Gorman, Pugh, Vest. A joint resolution (H. R. No. 161) making an a.ppropnat1on to Cockrell, Hampton, Ransom, . Walker. enable the Light-House Board to meet the extraordinary expenses NAYS---25. consequent upon the :flood in the Mississippi River. Aldrich, Hawley, Miller of Cal., Sewell, 'fhe message also announced that the House had passed the joint Blair, Hoar, Mitchell, Sherman, resolution (S. R. No.47) authorizing the Secretary of War to use Gov­ Conger, Kellogg, Morgan, Voorhees, Frye, Platt, Windom. ernment vessels for the transportation and distribution of x:a~on~ George, il~~fti,· Rollins, furnished by the United States to the suffer~rs by the Miss1SS1pp1 ·Hale, Mc.Millan, Saunders, overflow. Harrison, Maxey, Sawyer, \

MARcH 10, 1780 CONGRESSIONAL RECORD- SENATE. I

.A.BSRNT-27. is all. Ifthe Senate chooses to give permission to any Senator to pro­ .Anthony, Fair, Ingalls, Mahone, ceed beyond the rule, the Chair is sa~fied. Butler, Farley, ~~~~~ . Miller ofN. Y., 1\fr. SHERMAN. I desire a few minutes in reply, but I shall not Call, Ferry, Pendleton, Camden, Groome, Jones of Nevada., Plumb, object. Cameron of P a., Grover, Lamar, Saulsbury, Mr. BAYARD. Within five minutes the regular order will be de­ Davis of W. Va., Hill of Colorado, Logan. Williams. manded. It is not my fault that this bill has come up under a five­ Dawes, Hill of Georgia., · McPherson, minute rule or that we are to be stopped upon it at the end of a hort So the amendment was rejected. time. Mr. BAYARD. I offer the following amendment, to come in at the The subject is of great importance. I do not think Congre ha end of section 1 : any, right under the Constitution to deal with the que tion in t he .And shall also inquire and report upon the extent of the use of opium and other way that this bill seems to infer that it is to be dealt with. What substitutes for alcoholic stimulants, and whether prohibition of the use of alcoholic has the Congress of the United States to do with the license y terns beverages has been accompanied by an increased consumption of opium and other of the States Y You cannot change them. What have you to do with intoxicating drugs. pauperism in the StatesY You cannot avoid it. Thee are que tions Mr. EDMUNDS. We ha.d better have a separate commission for of local interest and local police ; and . what is to be the practical that, Mr. President. effect of such a measure as this is f Simply to obtain infonnation or Mr. CONGER. I see persona.lly no objection to the runendment if opinion, and when you have got it you are powerless to act upon it . the subject is not embraced in the general scope of the inquiry. I think the question is too serious to be dealt with in thi light Mr. ALLISON. The time ought to be extended, I think, if that way; there are too many sides to it; and the amendment that I have inquiry is to be gone into. offered I regard as a wise and a proper one. It is thoroughly ger­ Mr. EDMUNDS. The opium question will require another year. mane to the professed objects of this bill; and there is no physician Mr. FRYE. I hope the amendment will be voted down. It has in the country, no man who practices medicine, especially among the nothing to do with the subject which these petitioners have pre­ poor, but will tell you that when you do suppress by arbitrary laws sented to Congress, and I hope no blow will be given to this bill the use of alcoholic stimulants you do increase the resort to opiates underhand: and drugs that take their place, that you have a substitution, and a The PRESIDENT pro tem,pore. The question is on the amendment most grievoits and a most disastrous one. I have heard many earnest of the Senator from Delaware. · and honest people, who were most earnest advocates of the cause of Mr. BAYARD. Mr. President, I do not know all that may be in­ temperance, detail to me the dangers of having in a community no cluded by this bill. In the first place, if it is intended tO inquire place where pure and unadulterated alcoholic drinks could be ob­ only into what is called in this bill "the alcoholic liquor traffic," tained, and that in lieu thereof all sorts of wretched substitutes were the information is amply and abundantly furnished to-day by the taken, opium, paregoric, and God knows what. reports of the Commissioner of Internal Revenue. The tax laid upon So I say if you are to treat this question in some one of the thou­ the production of alcohol from grain is the heavieat known to our sand aspects the bill refers to, it is proper you should consider the system; and that is saying a great deal. Upon every twenty-five absolute propriety of adopting the amendment. cents' worth of corn from which liquor is distilled the Government 1\ir. CONGER. Now I hope we may have a vote. I do not rise to gains $3.35 of tax. Corn is produced in every county in every State speak, but to request that we have a vote if gentlemen have no fur­ of this Union, and in every place where it is produced and subjected ther remarks to make. to the process of distillation it is taxed in the egregious manner Mr. HARRIS. The consideration of this bill has consumed the which I have stated. A system so thoroughly artificial is necessarily morning hour for three successive mornings. It is too large a ques­ thoroughly guarded, and therefore if the intent of this bill be in­ tion, as stated by the Senator from Delaware, to be considered under fcrmation upon that subject with a view to framing a tax law by the five-minute rule. I see no reason why it may not consume the Congress in relation to this commodity I submit to the common sense morning hour for a week more, in view of which fact I object to the and the knowledge of every man who hears me whether the informa­ further consideration of the bill. tion here to-day is not ample and complete without creating a com­ Mr. CONGER. I move that the Senate continue the consideration mission to find it. I do not think any gentleman will rise in his place of this bill until it is disposed of. and deny that fact, that tho information and the means of informa­ Mr. HARRIS. If the Senator can get a speedy vote on the bill, tion are perfect and complete. What then is wanted else f To find I shall withdraw the objection ; but if a vote is not obtainable at once other aspects of the liquor traffic, "the alcoholic liquor traffic," as I will adhere to the objection. it is called here. What are theyT It is hard to say what they are 1\fr. CONGER. I will modify my motion at the suggestion of those not, because the Senate has1 as I understand by its vote, decided to who know the rules better than I do. I move to lay aside all prior keep in the words "criminal, moral, and scientific aspects," whatever orders a.nd proceed with the consideration of the bill. they may be, in its relations to "pauperism, crime; social vice, the The PRESIDENT pro ternpore. The Senate is acting under the public health, and the general welfare." If it is the intention to Anthony rule. It is not now quite halfpaat one. examine this question from all these various and important points Mr. CONGER. I wish to occupy that time with a few remarks. ~f view, then I submit it is not dealing with the question sincerely The PRESIDENT pro tempo·re. The Senator is entitled to the when you overlook the fact which is referred to by this amendment, :floor. which is alleged, and I have seen it alleged from the most reputable Mr. CONGER. Does the Chair decide that I have not the right to sources, that pari passu with your arbitrary prohibition of the use of make my motion now f alcoholic drinks in this country you have the sulJstitution of other The PRESIDENT p1·o tempore. The Chair decides that under the excitants. I have seen it stated over and over again, and I have seen Anthony rule he can move, notwithstanding the objection, to proceed legislation based upon such statements- - with its consideration. The PRESIDENT pro tempore. The time of the Senator from Del­ 1\fr. EDMUNDS. That is the motion. aware is up. ["Go on I"] Mr. CONGER. That is my motion. Mr. BAYARD. A five-minute rule is not the rule for discussing a The PRESIDENT pro tempm·e. The Senator from Michigan moves question of this size under. , to proceed with the consideration of this bill notwithstanding the Mr. COCKRELL. There will be no objection to the Senator pro­ objection that is made. ceeding, I hope. 1\Ir. BAYARD. I call for the yeas and nays on that motion. Mr. HAYARD. May I say just one word T I never am in favor, The yeas and nays were ordered. and I never have since I have been a member of this body been in 1\Ir. BAYARD. I desire to say that the time has now arrived for favor of a professed delay for the purpose of defeating a measure. I the regular order. am perfectly willing to have the issue fairly framed and to meet it The PRESIDENT pro ternpore. It is not quite half past one. just as soon as it can be met; and I do not want my friend from Mich­ Mr. BAYARD. Yesterday at the time of the adjournment I made igan, who seems to have this bill very much at heart, to suppose that a motion to take up for consideration the tariff-commission bill. I because I have offered amendments and because I do not want this propose-- \ bill to pass, I am disposed merely to delay it or make dilatory mo­ The PRESIDENT pro tempore. The Chair will inform the Senator tions about it. I believe that I care just as much for temperance that half past one has not quite arrived. and for the results of temperallce and abhor intemperance and its Mr. BAYARD. It is about here. results as much ae any man in the Senate-- The PRESIDENT pro tempore. The hour of half past one has not The PRESIDENT p1·o tempore. Does the Senate grant unanimous quite arrived. ~onsent to the Senator from Delaware to proceed T ["Yes1"] If Mr. BAYARD. If it has not, pending the arrival of that time, I 1here be no objection the Senator will proceed. propose to show why this bill ought not to go on. Mr. CONGER. If the Senator desires to close the statement he was The PRESIDEN'l' pro tempore. The Senator has a right to the making, I hope he will have a brief time to finish it. I should like floor. yery well that he should have an opportunity to show that he is not Mr. BAYARD. I insist, sir-- opposed to this bill. The PRESIDENT pro tempm·e. The hour of half past one has ar­ The PRESIDENT pro tempore. Does the Senate consent that the rived, and the bill goes over until to-morrow. Senator from Delaware may proceed Y The Senate is acting under Mr. CONGER. Now I move that the Senate proceed to the con­ 21. five-minute rule, and some Senators have told the Chair that it is sideration of the alcoholic liquor traffie bill, all other orders being not properly administered. The Chair wants to aillninister it; that laid aside. · 1882. CONGRESSIONAL RECORD- SENATE. 1781

Mr. MORGAN. I call for the regular order. struction of the Committee on Finance of which the Senator from Th.e PRESIDENT pro tempore. There is no regular order. Michigan is a member. I was directed to bring this bill in, and I Mr. HARRIS. The regular order must certainly be the Calendar have done so, and to press it to consideration, and I am doing so. of orders. .Mr. CONGER. The gentleman will permit me to say that I am Mr. EDMUNDS. The motion is in order. not a member of the- Committee on Finance. The PRESIDENT p1·o tempore. At the arrival of half past one, by Mr. BAYARD. But there are two Senators from Michigan. an understanding last night, the Senator from Alabama [Mr. MoR­ Mr. FERRY. I did not hear the observation of my colleague on GAN] was to have the floor to move to take up the Japanese indem­ the committee. What was it f What did the Senator from Dela­ nity bill. ware remark f 1fr. FERRY. But that was not the pending question when the Mr. BAYARD. I said that I was pressing on the consideration of Senate adjourned yesterday. the Senate the bill to create a tariff commission, ancl that I did that The PRESIDENT pro tempm·e. There is no unfinished business for by the direction of the Committee on Finance, of which the honor­ to-day. able Senator now questioning me is a member. Ur. FERRY. There was no pending question when the Senate ad­ Mr. FERRY. But I am more interes~d in the question of temper­ journed yesterday. The Senator from Tennessee [Mr.- HARRIS] h~s ance just now than I am in the question of finance. called attention to the fact that we go to the Calendar; but that 1s :Mr. GEORGE. }.fr. President, I am very anxious to vote to give under a rule of the Senate where there is no pending question. There­ the Senator from Michigan full opportunity to have the bill in his fore the motion of my colleague is perfectly correct. charge discussed and acted on by the Senate. There is some objec­ The PRESIDENT pro tempo're. The Chair decides that the motion tion on this side to taking it up now, and so I venture to make this of the Senator from Michigan [Mr. COYGER] is in order, inasmuch as suggestion to him : I will vote for any proper motion that he may he made it before the Senator from Alabama [Mr. MORGAN] got the make to make it a special order for Monday at half past one o'clock, floor. The Chair has no right to recognize the Senator from Ala­ and then take it up and dispose of it. I feel constrained, from defer· bama as entitled to make his motion, as he had not claimed the floor ence to certain gentlemen on this side of the Chamber, to vote against up to half past one, though in point of fact the Chair said yesterday taking it up now. . he would. The question is now on the motion of the Senator from .Mr. MORGAN. I desire to say that I expect to vote for the bill of Michigan to take up the alcoholic liquor traffic bill. the Senator from Michigan, when it comes up, according to my pres­ Mr. CONGER. The bill (S. No. 861) to provide for a commission ent convictions, in order that we may have the benefit of the inquiries on the subject of the alcoholic liquor traffic. that may be made by this commission; but this bill has come into the Mr. BAYARD. Now I ask the attention of the Chair, with all Senate very early ; it has never been to a committee. In some way due respect, to the proceedings last night at the time of our adjourn­ or other it got on the Calendar upon the :first reading, I suppose be­ ment. There was at that time an endeavor on the part of my friend cause of the inattention of the Senate to the subject. Thereupon the from Alabama [Mr. MoRGAN] to bring forward the Japanese indem­ Senator from Delaware moved to have it referred to the Committee nity bill and I endeavored to procure the assent of the Senate to on Finance, the course which should have been taken on a bill of take up the tariff commission bill. A request was made that an this magnitude. That motion was voted down by the Senate, and the adjournment should be had, and this occurred : Senator was allowed to make the effort to pass the bill in the morn­ Mr. .MORGAN. With the understanding that I have the :floor on that motion ing hour. Other bills which have been under consideration for months to-morrow I yield for t.hat purpose. and for years by committees of this body, and in which not only our Mr. TELLER. I move an adjournment. own country but people abroad are concerned, it seems to me ought lli. BAYARD. I give notice that I shall antagonize the motion to-morrow. The PRESIDENT pro temporer-- not to be crowded out by a bill which has been thrust in thus sud­ denly. I .call the attention of the.Chair- The likelihood is that this sumptuary question will involve a de­ ThePRE IDRNT pro tempore. The Chair will recognize the Senator from Alabama bate that will have a very wide range. I have never known it to be t.o-morrow ro make his motion and the Senator from Delaware ro antagonize it. touched either in society or in any legislative tribunal, that it did And on that remark the Senate adjourned. I suppose, therefore, not elicit a great deal of discussion. There is a strong division of that the Senator from Alabama is now entitled to the floor to make opinion as to the powers of Congress to touch this subject. in any his motion. re pect whatever, and still perhaps a stronger division of opinion as to The PRESIDENT pro tempore. The Chair undoubtedly said what whether we are not violating the authority which the people have con­ the Senator has read, but before what he intimated would be done ferred upon us under the Constitution by raising an outside commis­ · was done the Senator from Michigan made his motion. sion to consider this question. The Congress of the United States it Mr. MORGAN. I had called for the regular order. seems is now about to give most of its powers and authorities into the The PRESIDENT p1·o ternpm·e. The regular order is the motion of hands of foreign and outside committees. It seems to be unwilling the Senator from :Michigan. to take· the responsibility which belongs to Senators and Represent­ .Mr. SH'ERMAN. The motion of the Senator from Alabama fell atives. So we find that extraordinary commissions are being ap­ with the adjournment last night, even ifit_was pending then. pointed continually to do part of our duties. The truth is that all The PRESIDENT p1·o tempore. The ChaiT would prefer to recog­ this outside commission business means simply that Congress is not nize the Senator from Alabama according to what was said last even­ willing to do its duty according to the just mandates of the €onsti• ing, but there is ohjection to it, and inasmuch as the Senator from tution. Michigan really, in point of fact, addressed the Chair fu:st, it seems Now, I think the Senator from Michigan will act wisely and the to the Chair that the Senator from Michigan is in order. The Chair, Senate will 'act wisely by allowing this bill to remain in the morning who is not as familar with parliamentary ;rules as the Senator from hour, and permitting us to complete it in the morning hour, even Tennes ee, [Mr. HARRIS,] called him to the desk to see ifthe Chair under the five-minute rule. It is true that any man may debate it was right, and the Senator from Tennessee thought the Chair was for an hour if he thinks proper; the convictions of every man on this right in this ruling. subject are ba-sed on his own personal informat.ion and his inter­ :Mr. EDMUNDS. The Chair is bound by the rules to recognize the course with society ; but every member of the Senate is to-day a.a .Senator who :first addresses the Chair, and the Senator from Michi­ well informed upon every topic connected with this bill as he will be gan certainlydid:firstaddressthe Chair, and the Chair cannot help it. after a dozen commissions have reported. There is nothing obscure The PRESIDENT pro temp. ore. The Chair would have been very in respect to any matter connected with this whole measure. There glad to recognize the Senator from Alabama as it was understood is not an argument that can be made against it or for it that is not there were to be two propositions before the Senate to-day, one by equally well known in point of fact in the mind of every Senator here. the Senator from Alabama and the other by the Senator from Dela­ Why, therefore, should we consume so mu.ch time in undertaking to ware. If the Senate chooses it can vote down this proposition and ~et information from a commission which, after we have obtained then receive the other. 1t, will instruct nobody! Mr. BAYARD. What is the question f I insist that in order to conduct the public business of this country The PRESIDEl~T pro tempore. The question is on the motion of in an orderly way, and in the way in which we have heretofore con­ the Senator from Michi~an to take up the bill proposed by him. ducted it, we should not have measures which have not been referred l\fr. BAYARD. Pending that motion I move that the Senate pro­ for the action of committees and have not been discussed there with ceed to the consideration of the bill (S. No. 22) to provide for the reference to their bearing on the finances of the country for instance, appointment of a commission to investigate the question of the tariff as this measure has very important bearing on that subject, passed and internal-revenue laws. I understand that the Senator from Ore­ upon in this extraordinary way. gon [Mr. SLATER] was prepared several days ago to address the Sen­ 1 do not propose to antagonize the bill which I have the honor to ate on this subject and is prepared now, and I ask that the Senate represent, by the direction of the Committee on Foreign Relations, and proceed to the consideration of that measure. which they have instructed me to invite the attention of the Senate Mr. FERRY. That motion is not in order. The motion of my ~o, against any bill in this body of general public utility or one which colleague is to take up the bill which he has named, and that mo­ concerns the general welfare of the people; but I am bound to antag­ tion cannot be amended. Until a vote is taken on that, the Senator onize it to a measure which is much more sentimental than other­ from Delaware cannot make his motion. wise, which has for its purpose nothing else than the mere ~athering The PRESIDENT pro tempore. After a vote is taken on the propo­ of information which every man in this Senate is as fully m posses­ sition of the Senator from Michigan, if rejected, the other motion sion of to-day as he will be after it has been tabulated in a statistical will be in order. form by this commission. Mr. BAYARD. I am doing that which I now do under the in- . Mr. SHERMAN. I shall so vote on this question as to expedite 1782 CONGRESSIONAL REOORD- SENATE. MARcH 1_0,

the public-business. This bill in regard to t.he liquor traffic has stood for the purpose of srtbmitting .some remarks, and ·1 now yield to my in the way of all the Calendar for three or four days. It has pre­ friend from Oregon, .who wishfjs to be heard. vented the passage probably of twenty or thirty bills. It is not a ?tlr. SLATER. I dislike to antagonize the expres&ed wish of the new bill. It is a bill upon which every Senator has ma-de up his Senate, and I will wait and see how soon a vote can be taken on the mind to vote for or against it. It is backed by the moral support of pending bill, and if I can get an opportunity-to-day'! may claim the thousands of good people who believe that it will furnish a valuable privilege of being heard. · document at least in aid ofth~ cause of temperance. Now, why not The PRESIDEXT p1·o tentpore. Does the Senator from New Hamp­ give them the bill, and why not remove this obstruction from the shire share the feelings of these other Senators Y Calendad If it is postponed to-day and not acted on now, it will lli. ROLLINS. Entirely, Mr. President, but I think mine i an be taken up to-morrow, and so for day after day it will stand in tho ex~eptional case. I propose to compromise, and instead of submit ­ way of the ordinary business of the country. I am anxious to vote ting any remarks I ask the Senate to pass a little bill of four or Hve to take up the bill proposed by the Senator from Delaware; but why lines giving additional accommodations for the Pension Department. not take up and finish this now so that we shall not every day renew ?tlr. EDMUNDS. Not now. I object. the argument upon ~t over and over agrun f I think that the time of l\1r. ROLLINS. We have made appropriation for additional Pen­ the Senate and the public convenience will be husbanded by taking sion Office clerks, but we have no place to put the clerks. up the bill represented by the Senator from Michigan and disposing lli. EDMUNDS. I object. Regular order I of it. It onght not to consume an hour, probably not half an hbur, The PRESIDENT pro tempore. The Senator from Vermont objects. and tben ~e shall be prepared to take up other bills in their order; The question is on the amendment of the Senator from Delaware but until it is disposed of we cannot displace it from its lead on the [?tlr. BAYARD] to the bill (S. No. '861) to .provide for a commission Calendar of public business. on the subject of the alcoholic liquor traffic, on which the yeas and The PRESIDENT pro tempore. The question is on the motion of nays have' been ordered. the Senator from Michi~an, [Mr. CONGER.] l'tlr. EDMUNDS. That is the opium amendment. Mr. BAYARD called tor the yeas and nays. The Acting-Secretary proceeded to call the roll. The yeas and· nays were ordered; and the Principal Legislative lli. FERRY, (when his name was called.) I am paired wit h the Clerk proceeded to call the roll. Senator from Delaware, [lli. SAULSBURY.) Mr. CAl'tlERON, of WisconRin, (when his name was calleQ..) I am Mr. GROOME . . I a~~in announce that I am paired with t.h e Sen­ paired with the Senator from Tennessee, [Mr. JACKSO:N.] ator from New York, [Mr. l'tfiLLER.J Mr. FERRY, (when his name was called.) I am paired with the lli. VANWYCK, (when his name was called.) I am paired with Senator from Delaware, [l'tlr. SAULSBURY.] If he were present, I the Senator from Oregon, [Mr. GROVER.] should vote "yea." Mr. 'VINJ)OM, (when· his name was called.) lam paired with the Mr. GROOME, (when his name was called.) U1wn all questions Senator from West Vir~inia, [:Mr. DAVIS,] and therefore do not vote. connected with this bill I am paired with theSenatorfromNew York, The roll-call havin~ ueen concluded, the result was announced­ [Mr. 1\.fiLLER.) yeas 24, nays 25; as tollows: Mr. VANWYCK, (when his name was called.) I am paired with YEAS-24. the Senator from Oregon, [Mr. GROVER.] Bayard, Cnke, Harris, Ransom, Mr. WINDOM, (when his name was called.) I am paired with the Beck, Davia of lllinois, Jonas, Slater, Senator from West Virginia, [l'tlr. DAVIS.] If I were not paired, I Brown, Garland, Jones of Florida, Vance, Call, George, McPherson, Vest, should vote "yea." Cameron of Wis., Gorman, Mor$an, Voorhees, The roll-call having- been concluded, the result was announced­ Cockrell, Hampton, Pugn, Walker. ~·eas 26, nays 24 ; as tollows: NAYS-25. YEAS-26. Aldrich, Hale, McDill, Saunders, Aldrich, Frye, Lapham, Rollins, Allison, Harrison, MoMillan, Sawyer, Allii!On, Hale, McDill, Saunders, Blair, Hawley, Mahone, Sherman, l:Uair, Harrison, McMillan, Sawyer, Conger, Hill of Colorado, Mitchell, Teller. Con~er, Hawley. Mahone, Sewell, Dawes, Hoar, Morrill, DaV1S of lllinois, Hill of Colorado, Maxey, Sherman. Edmunds, Kellogg, Platt, Dawes, Hoar, Mitchell, Frye, Lapham, Rollins, Ec;lmunds, Kellogg, Platt, ABSENT-27. NAYS-24. Anthony, Ferry, .Jones of Nevada, Plumb, Bayard, Garland, Jones of Florida, Ransom, Butler, Groome, Lamar, Saulsbury. Deck, George, MoPherson, Slater, Camden, Grover, Logan, Sewell, Brown, Goriill1n, Morgan, Vance, Cameron of Pa., Hill of Georgia, :Maxey, Call, Ham\)t{)n, Moriill, Vest Davis ofW. Va., Ingalls, Miller of Cal., ~ii1:nr;k . Cockrell, Hams, Pendleton, Voorhcos, Fair, Jackson, MillerofN. Y., Windom.' Coko, Jona-s, Pugh, Walker. Farley, Johnston, Pendleton, ABSENT-26. So the-amendment was rejected. Anth!'my, Farley, Johnston, Saulsbury, The bill was reported to the Senate as amended. Butler, Ferry, Jones of Nevada., Teller, Camden, Groome, Lamar, Mr. JONES, of Florida. 1\Ir. President-- Cameron of Pa., Grover, Loa-an, ~]j;i{J~k , The PRESIDENT pro tempo're. The first question is on concurring Cameron of Wis., Hill Of Georgia, Mlller of Cal., Windom.' in the amendments made as in Committee of the Whole. Davis of W.Va-., Ingalls, Miller ofN. Y., Mr. JONES, of Florida. I am at a loss, Mr. President, to discover , Fair, Jackson, Plumb, our authority under the Constitution. for going into this extended So the motion was agreed to. investigation, for really the terms of this bill authorize the investi­ 'Phe PRESIDENT p·ro tempore. The bill (S. No. 861) to provide for gation of the business of everybody connected with the liquor traffic. a. commission on the subject of the alcoholic liquor traffic is before I am aware that very large strides have already been made in the t.he Senate as in Committee of the Whole. The question is on the direction of assuming all powers of government in the central author­ amendment of the Senator from Delaware, [Mr. BAYARD.] ity. No one will go any further than I will to maintain the j ust :Mr. CALL. Mr. President- - authority ofthe Union-- Mr. CONGER. I ask that the amendment be read. Mr. SHERMAN. I should like to ask the Senator a question in The PRESIDENT p1·o tempore. The Senator from :Florida gave the line of~ argument. The o bjeetion stated by him is a doubt as notice that to-day at half past one he would ask the indulgence of the to the constitutional power of Congress to gather this information. Senate to submit certain remarks upon a resolution offered by him I ask him if it is not perfectly competent for Congress to gather t his some days since, and the Senator from Oregon[Mr. SLATER] also, the information to aid Congress in legislating for the District of Colum­ Cha.ii· thinks, gave a similar notice in relation to the tarill"-commis­ bia and for the Territories of the United States 1 sion bill. lli. JONES, of Florida. If the provisions of the bill were coniined ~Ir - HOLLINS. I also gave notice yesterday that I should call up to the District of Columbia, I would certainly s::ty there could bo no a bill to-day and submit some remarks upon it. valid objection to it; but in all legislation of Congress intended to The PRESIDENT p1·o temp01·e. Not with a ·view of passing t he be limited by the jurisdiction of this District the fact usually app e ar ~ bill. It is under the courtesy of the Senate that the Senator from upon the face of the bill. This bill has"no such restrictions about it . Florida claims the floor. The Senator from Michigan is jnformed It is intended, and the framers and supporters of it will n ot deny that by the courtesy of the Senate any Senator can at any time make that it is intended to ramify the entire Union, that it is intended t o remarks upon a bill not with :t yjew of mging the immediate passage authorize a commission to be appointed to inquire into the private ofthe bill. business of every man in every State, not with a view of ascertain­ l\1r. CONGER. I do not desire, of course, to interfere with t he wish ing how much tax this business will bear, but with a view of a ~> c er­ of any Senator who relies on the usages of the Senate; but I would_ tain:ing its relations "to crime to pauperism, to social evils and the ask the Senator from Florida if he will not permit a vote to be taken public health, and the gcner:ti welfare of the people," and with a on this bill. As far as I am concerned, I hope it may be taken with­ view of taking testimony "as to the practical results of license ann out discus ion and that we may very soon dispose of it and leave the prohibitory legislation for the prevention of intemperance .in tbe field open for such remarks as gentlemen wish to make. several States of the Union." There is no "District of Columbia" Mr. CALL. Then I give notice that on Monday morning I shall there. "In the several States of the Union." ask leave of the Senate to take up the resolution I have submitted, Now, sir, I say that I am as ready as any one to sustain at all times CONGRESSIONAL RECORD-SENATE. the full authority of the Constitution, with the 'limitations surround­ language here was not broad -enough to confer the power to admin­ ing it as therein written ; but I can find no authority in the Consti­ ister oaths, but it ought to be. I can see that in some aspects of this tution for this sweeping measure, and bound as I am by my oath to temperance question it ma:ybe very important to take the testimony ()bserve it, I shall not vote for the b'ill. of scientific men. The smence of chemistry would be very useful Si1:, the framers of this sacred instl:mnent never contemplated such when considering the question of ·the sale of intoxicating liquors. a power as this. They never intended to give to the Government of It is a subject as broad as this country, as broad as the world, and the Union the regulation of the morals of the people of the United probably no man but will admit that the imptoper use of intoxic.a.t­ States. They never intended to give to the Legislature of the Union ing liquors has inflicted more evil, more cri1ne, more poverty, more the juri diction over the question of education, or anything of that ill upon the human race than any other single cause whatever. kind. On the face of the Constitution we have, I think, seventeen Now, sir, to institute an inquiry into the best mode of dealin~vrith distinct ~ants of power, confening upon Congress the authority and this question is not only beneficial for the people of this Distrijt, for jurisdictwn which it was intended to bestow upon the Government whom we legislate, and for the people of the Territories, but • (\rthe of the Union, and I would ask the supporters of this bill under what people of every State. I have been somewhat amazed at th'. oppo­ clause in the delegated powers does this authority emanate from Y sition to this bill. I regard it as an honest effort for a good p :.rrpose, Where is the power to regulate this subject Y It is no part of com­ liable to no constitutional objection, and certainly it oughfj not to merce, no part of the war power. Nothing here can be found to moot any- party opposition. I freely admit that the Sena',or from justify, inmy opinion, the adoption of a measure which will e-nable Delaware and every Senator on that side is ,just as anxious to prevent a commission created by Congress to enter into the State and pry the evils that naturally grow out of the sale and use of intoxicating into the private business of the individuals who are doing business liquors as I am. Neither of us is very extreme in our opinions on that there under the authority of the respective communities. subject; both of us, I hope, can drink if necessary in moderation If it was confined. to the question oftaxation and revenue it might without injury to ourselves personally, but yet from the observation be apparently justifiable; but it is int-ended to go far beyond that. of all of us, from our experience among men, from seeing the chosen We have gone far enough, I think, in this direction ; and if we keep companions of our boyhood, of our manhood, and of our older years, on, after a time there will be no powers of government left to the fall victims to the habit of intoxication, we have seen and appreciate respective States of this Union, but everythin~ will be swallowed the evil that has been inflicted upon society and upon man1.--ind by up by this gigantic system of centralization which will destroy the the use and abuse of spirituous liquor, and, certainly, we ought to very genius of our institutions. Judge Marshall himself in the great do our utmost as legislators to check the evil, and, if possible, t~ case of Gibbons vs. Ogden said, when speaking with regard to the devise a preventive or cure for it. health laws of the States, that the power of the Union did not ex­ One of the benefit t1tat may arise from the passage of this bill will tend to them and that the framers lif the Constitution never intended be to enable the States, each for itse~ to deal with this ~·.;.oject in its to give to the General Government any jurisdiction or authority own way. I can see that the information collected, j: properly col­ whatever over the health of the people of the several States; and I lected by a proper commission, may be useful to the Legislature of am sure there was no jurist in this country who ever went any fur­ every State; and while we are furnishing information to enable us ther than he did in giving to the Constitution the full extent of all to deal with the people of the District and also with the people of the the power intended by its framers. If we had no authority, accord­ Territories, we may very properly furnish the people of the several ing to that decision1 to go to such lengths as we have, surely there States with the same information. can be none found here to authorize a roving commission to parade Why, sir, I regard the question of prohibition, or the attempt to the entire Union and pry into the private business of the people of prohibit the sale of spirituous liquors, and the question of license or the United States. of taxation, and other modes of dealing with this liquor question, as Mr. SHERMAN. :Mr. President, I ro e thi morning to reply briefly the most difficult problems of political economy now pending. I am to the Senator from Delaware, and !intended to make the few remarks among those who have thought that the attempt to absolutely pro­ I proposed to submit entirely on this question of the constitutional hibit the sale of spirituous liquors would be a failure wherever tried. power of Congress, because years aao, when this bill was first intro­ One of the objects of this investigation is to ascertain whether or not duced while I was a member of the Senate and had charge of it, that in the State of Maine and some of the other States where prohibitory question was the only one that made the slightest impression on my laws have been passed they have been effective, whether they ha-.e mind. I think a moment's consideration will satisfy any Senator that prevented intemperance, whether they have been a proper remedy there is no foundation whatever for any objection to this bill on the for this great evil. On the other hand, it has been proposed by a wise ~und of a want of the constitutional power of Congress to get this system of taxation to limit and restrain the evils growing out of the information. sale of spirituous· liquors, and in some cases that has been tested, This bill does not propose to legislate as to the interior affairs of a.ny and it is found to work"'very well. My opinion, if I were called upon State. It does not propose to decide for Delaware or Ohio whether it to express an opinion, would be that by wise tax laws passed by the shall prohibit the sale of liquor, whether it shall license the sale of several States, each for itself, this subject may be best dealt with. liquor, but simply institutes an inquiry into the best mode of dealing Others are in favor of a license law, a limited license law, in the with the acknowledged evils that grow out ofthe sale of intoxicating nature of a tax law, somewhat different. Some propose to regulate liquors. Any State in this Union might pass this bill with the same this subject by submitting it to each city or town, called a local-op­ :authority that the Congress of the United States can pa.as it; any tion law, and in many other ways and forma, as by limiting the State is at pberty to gain its information from any quarter it choo es. amount of sales, prohibiting the sale by retail at places where it would Now, Mr. President, the reason why this bill may be passed by be drunk, and requiring it to be sold only in quantities of not less Congress is that Congress undoubtedly has the right to legisbte upon than a quart. The number of mea.sures by which it has been pro­ this subject as to the District of Columbia and as to the Territories posed to deal with this question is indefinite, and it is veryi1nportant of the United States. It has a right to seek t.his information so far to ascertain in a definite form the experience of the people of this as the question of taxation is concerned, so far as the question of country and of different States so as to enable the Legislatures to revenue is concerned, and also it may deal with the question in its pass upon the question. broader view as it affect.s the public morals, as it affects the good Why therefore refuse to expend 10,000 to assist the people who ·order of society in this District, and in any Territory of the United have started out for the purpose of providing a remedy for an ac­ States. This bill might be passed with perfect propriety by any State knowledged evil Y I never could see the cause of the extent of the in the Union. Why not, then, leave it to the States 7 The answer opposition to this bill. It is an old measure; it has been here for is this, that no State can institute an inquiry a broadly, as effi­ six or eight years. Iknowthatitwashere when I wasamemberofthe -ciently, and as effectively as the Congress of the United States. It Senate formerly, at least five years ago, and it is here now, being js not right to put upon any State the cost of inquiry that is pro­ constantly renewed by the people who look to the evils growing out po ed by this bill. of the sale of intoxicating liquors as the great evil to society. What will be the use of this report 7 it may be said. Why gather I think it is right and proper that the general assent of Congress .all this information Y It is because the people of all the States are should be given so that an investigation may be had into the cause interested in it, the Legislature of every State is interested in obtain­ of the evil, and the remedy, and how best to deal with it. I shall ing this information. '.l'he people of Ohio are now debating year by vote for the bill with great pleasure, and I see no point either of a year the best mode of dealing with the acknowledged evils growing constitutional character, of an economic character, or of any other -out of the sale of spll:ituous liquors. All political parties have par­ kind, against the passage of the bill. ticipated in that kind of legislation; the framers of all the consti­ It is a sufficient answer to the constitutional objection to sa,y that tutions in the United States have dealt with this question, and they Congress wants this information for the purpose of legislating for the have always dealt with it upon imperfect information, upon insuffi­ people of this District and for the people of the Territories. It wants dent and partial Information. This bill is intended merely to sup­ this information also in order to teach us how to deal with the reve­ ply that needed information. It is an honest effort made by good nue laws of the United States, how far we are to reduce the tax on temperance people and sGme who are not so temperate to get all the whisky, or whether we should increase it, whether we should en­ information that can be had in regard to this subject-matter. courage the u e of beer or discourage the use of beer by a tax. All It may be said that this information will be mainly gathered from these various questions it is proper for us to consider. the laws of the several States, from the constitutions of the several If you once show a single constitutional purpose and object in tho States, from the public documents of the several States; but there passage of a law, as a matter of course you answer the constitutional are alsopbasesofthis question which cannot be reached by that kind argument. Because we cannot deal with this question in all the uf inquiry. I think, therefore it was wrong to strike from this bill States is not any reason why we should not deal with it wisely in the provision that authorized the taking of testimony. It is true the this District and the Territories and obtain the requisite information 1784 CONGRESSIONAL RECORD-SENATE. MARcH 10, for that purpose.' If we have the right to obtain this information The PRESIDENT pro tempore. The question is on agreeing to the for any purpose, it is constitutional and legal for us to do so, even amendment of the Senator from Kansa-s, [Mr. PLUMB.] nlthough the States and other communities may or may net avail. The amendment was agreed to. themselves of the information. :Mr. CONGER. In order to have the bill correspond in spirit with Mr. MAXEY. Mr. President, !believe that I would be asfarfrom the provision just adopted, in line 5 "three" should be stricken out voting for a measure which I regarded as trenching upon the consti­ and "four" inserted; so as to read: tutional reserved powers of the States and people as any Senator on Not more than four of whom shall be of the same political party nor be advo­ this :floor, but it is impossible for me to comprehend wherein this bHl cates of prohibition. in any respect trenches upon the constitutional reserved ri~hts of the States or of the people, as the Senator from Florida woUld seem to I move that amendment. think. The PRESIDENT p1·o tempore. The question is on agreeing to the What is the object of this measure' It is merely an inquiry, an amendment of the Senator from Michigan, [Mr. CONGER.] inquiry instituted for the purpose of investigating the alcoholic The amendment was agreed to. · liquor traffic in its relations to revenue and taxation. When by the Mr. GARLAND. I call the attention of the Senator from Michigan internal-revenue law we place a. vast amount of tax upon theAmer­ to the fact that it will probably be necessary to increase the appro­ ican people for the manufacture and sale of ardent spirits, have we priation for the expenses of the commi~?sion, since the number has not a right to appoint a commission to investigate that subject as been increased. much as we have a right to appeint a commission to look into the Mr. CONGER. The bill provides that the commissioners shall customs duties, as much as we have a right to investigate the hab­ serve without salar.y. itat, &c., of the locust and the grasshopper, as we did a few· years Mr. GARLAND. That is true, but their expen es are to be paid. Mr. CONGER. I am willing myself that the bill shall pass as it is, agoThe ' purpose o f the com.nnss1on· · 1s· t o gatb er infiormatwn. · Is 1't pro- with the amount of expenses specified. If hereafter it may seem posed to interfere with the laws of any State or to dictate to any necessary to make another appropriation, and if it is the judgment of State what its laws shall beT Not in the slightest degree. Congress Congre s that the appropriation is nece sary, it can be made then. has the power to legislate for the District of Columbia and for the Mr. CALL. I suggest totheSenatorfromMichigan why not strike Territories, and in legislating for this District and for the Territo­ out so much of the bill as relates to suggestions in reference to pro­ ries Congress has a right to gain all the information it can from every hibitory legislation in the States, or the effect of intemperance in the source in order the more intelligently to le~islate to the extent it bas States Y It strikes me that this is clearly a subject over which Con­ a right to legislate; and if in gathering this information the inquiry gre s has no kind of power, ani it is an objection in the minds of goes to the States, can that properly be regarded as trenching upon . some persons in voting for the bill. I cannot see that it would in the reserved rights of the States f any way advantage the bill. Suppose a State like mine is endeavoring to-day to gather infor­ Congress certainly has power so far as revenue and taxation are mation in respect to railroad legislation. We send inqurries in every concerned, and I suppose there would be no particular objections to direction to ascertain what other States of the Union are doing in inquire relating to the general subject; but the bill suggests that that re~ard. We get the reports of railroad commissioners in other it shall be with a view to the "prevention of intemperance in the States rn order to ascertain what they are doing elsewhere. For several States." There can be no doubt that Congress has no right­ what object f To enable us the more intelligently to legislate for ful power to make any suggestion, and if it should exert any power the benefit of our own people. Is there anything wrong in doing that Y upon that subject it would be to subvert the government as it is This is simply to be an inquiry, and let the inquiry be made boldly under the Constitution as it now exists. and sq narely. Ifthe liquor traffic is a moral, social, and political evil, I think the position my colleague takes on that subject i very as I believe, and as a great many other men in this country believe, if forcible. While I would be glad to vote for the bill and glad to it is an evil that the States to the extent of their powers should legis­ :find any proper mea ure, whatever it may be, by which the evils of late against, and that the Federal Government to the extent of its intemperance might be taken away, I scarcely think the question i13 power, in so far as it has any power of legislation in this direction, grave enou(J'h to subvert our whole system of government. The should legislate against, which as I say is the opinion of good men authority ofthe States over this question is exclusive, a.nd it is not all over this land, ought there to be any objection by anybody to neces ary to subvert that authority in order that the bill might be raising a commission to inquire into it f . passed. I submit to the Senator from Michigan the suggestion that Here are two systems. One is the system of prohibition. Is that the bill would not be burt by striking out as much of it as suggests the best Y Another is the system of license. Is that the best f Or the idea of preventing intemperance in the States. As to the inci­ is it better to let every man sell whisky who sees proper to sell it, dental effect it may have in that direction, that would be without without any regard to license laws, prohibitory laws, or anything objection. else Y What is the best plant Those who favor this bill say, "let Mr. CO:NGER. The inquiry, as specified in the bill, is not as to the commission be composed of men who represent all these various the prevention of intemperance in the several States of the Union, views, and let them get this information and present it to Congress." but it is as to the practical results of license and prohibitory legis­ Thus we shall be the better enabled to determine the question, for it lation in the prevention of intemperance in the States. There is no may be that that inquiry will have an effect upon legislation here. place where such legislation bai; been had except in the State . The It may be that the internal-revenue laws upon the question of whisky bill is merely descriptive of the place and manner of conducting the will be affected by the inquiry. If so, have we not the right to make inquiry. I think we might make the same inquiry-- the inquiry f If you start out with the right to gather this infor­ Mr. CALL. I will ask the honorable Senator if he thinks there is mation for any purpose whatever, the information once gained, then, any constitutional power given to Congress to interfere by sugges­ as was said by the Senator from Ohio, [:1\fr. SHERMAN,] the States tion or in any other manner whatever with the States in the exer­ may well apply the information thus gathered where it is applicable cise of the sovereign powers which are reserved to them in the Con- to their own affairs. Is that any objection to our getting the infor­ stitution Y · mation Y :h-Ir. CONGER. I do not know. The constitutional power of Con­ Therefore, so far as the constitutional question i~ concerned, I am ~ess to go into the States has increased so much lately, and by my wholly unable to see wherein thls bill in the slightest degree trenches friends on the other side of the Chamber too, that I have not yet upon the Constitution. looked over the ground to see how far this power had been extended The PRESIDENT p1·o tempore. The question is, Will the Senate beyond the old suggestions. All my friends on the other side, I concur in the amendments mane as in Committee of the WholeY think, voted for the extension of the power of a board or commission The amendments were concurred in. in regard to quarantine. Mr. PLUMB. Is the bill still subject to amendmentf Mr. FRYE. Yellow fever. The PRESIDENT pro t~mpore. The bill is in the Senate, and still ~Ir. CONGER. Yes, yellow fever. open to amendment. ~Ir. FRYE. And locusts. Mr. PLUMB. In line 4 I move to strike out the word ":five" ·and Mr. BLAIR. And the National Board of Health. insert "seven" before "persons ;" so that the commission shall con- Mr. CONGER. The constitutional objection seems to me to be as sist of seven persons. · strong in those cases as any one po sibly could make it. The PRESIDENT pro ternpO're. Is the Senate ready for the ques­ :Mr. SHERMAN. Even in the case of the Missis. ippi River over­ tion¥ flow. Mr. PLUMB. I want to say one word upon the amendment I have Mr. CO:NGER. My friends either dicl not see the objection then, offered. I move the amendment because the bill has been so limited or permitted it to pass unnoticed. I might ask what power there is on the motion of the Senator from Delaware that it seems to me the to extend relief to the sufferers by the overflow of the Missis ippi f commission to be appointed will not embrace the persons represent­ There is a damage done to a few thousand individuals by the over­ ing sufficiently the divocse sentiments which finally go to make up flow of that river, by the de truction of homes, of property, of life; public opinion on this very important question. I want the report but does any one. stop to ask whether this Government bas strict of this commission, when once made, not only to be satisfactory in power to relieve a body of its people dying for want of aid f Our its terms and results, but by reason of the constitution of the com­ humanity forbids that inquiry in such a case. Here is a subject whicb mission to convey an appearance of entire fairness, so that the result concerns the welfare, the life, the happiness of millions of people, as clisclosed may be accepted without hesitation througlwut the antl yet the question of constitutional construction rises up before entire country. I think, therefore, that the commission ought to be the minds of gentlemen to prevent our inquiring to get information, larger than is provided by the bill. to get statisties, and to prevent an inquiry merely. The States are ."

1882. CONGRESSIONAL RECORD-SENATE. 1785 not meddled with, their power is not assumed to be controlled or in­ from New Hampshire has introduced such a proposition twice, and fringed upon. If the States d.o not want this information they need probably other Senators have aone so, but I am not sure. !!Qt use it. The people want the information, Congress wants the As a matter of information, lo~king to future legislation, whether information for ita legislation upon legitimate subjects and constitu­ through the organic law or through the statutory law, you cannot tionalsubjects. deprive Congress of the power to resort to this as a means by which It has seemed to me sometimes as if, when all other arguments fail, the information can be secured. That is the overriding argument in opposing some measure before Congress, and men are driven to the with me. I am not saying now that I am in favor of such a consti­ very last resort, they shelter themselves under constitutional objec­ tutional amendment; I am not saying that such an amendment would tions and questions. I should myself, I have no aoubt, if I were be proper; but a great many persons have said it would be proper. driven to the extremity, oppose many propositions here on constitu­ A great many other persons have said it would not be proper. It is tional grounds. That is a good shelter sometimes. I do not say that a very debatable question. It is that kind of a question about which it is in this case, but when all other objections are swept away the gentlemen may very well differ. But one thing is sure, that before mantle of the Constitution covers a host of delinquencies. I am brought to legislate upon that question I should like to have ' Mr. CALL. I merely desire to say that the Senator from Michigan this information, since we are going to establish a commission, to see does not meet the suggestion. No one was opposing, at least I was in what direction such legislation should be had, if it is determined not opposing, the purpose of his bill. I merely suggested that there that it must be had. were persons here who regarded the Constitution as prohibiting Con­ That is the reason why I think this matter is properly in the bill. gress from legislating upon the subject of intemperance in the States, I have favored the reference of the bill to a committee, because all considering that there is an express reservation of that power to the other propositions looking to this same matter upon the table should several States. be referred to some committee; but as the Senate has seen proper to The Senator from Michigan says we voted for a health law, for the pass upon the bill without such a reference, I am in favor of the bill, establishment of a national quarantine, for a National Board of and I am in favor, for the reasons just given, of this particular clause Health. I will not go into that argument, but I wish to say that in the bill. there is no kind of analogy in the cases. He cites the case also of the Mr. C.ALL. I should like my friend, the Senator from Arkansas, joint resolution granting relief to the Mississippi overflow sufferers. to allow me to ask him a question. The difference between that case and this is manifest. That was an Mr. GARLAND. Certainly. act of the appropriation of public money for the relief of individual 11-Ir. C.ALL. I think his argument is a very correct one and a very suffering. Whether there was any express power in the Constitu­ conclusive one; it establishes the pertinency of this information to tion to do it or not, it differs from this case in that it looked to no the question of a change of the Constitution. In that respect cer­ legislation. This bill declares that the purpose of this information tainly the information is valuable. I ask my learned friend, how­ is to prevent intemperance in the States, and there can be no inten­ ever, whether such an amendment to the Constitution would not be tion except an exercise of power by an act of Congress. When the an entire subversion of our system of government, the Constitution bill declares that the object is to prevent a certain purpose it declares giving to the States power over their domestic affairs, and to the the right to use legislative means for the prevention of that purpose, National Government as now constituted only certain specific powers. not moral means, and that is the view which is held here. Mr. GARLAND. To give the Senator what is termed a categorical I should be very gla.d to vote for the general bill ; I am not of that answer, probably I am not now prepared to do; bnt I will say that class of people who see a constitutional objection to everything; it would look that way very much to me at this time. As I said a but I think it would be wise and it would be only a fair concession few minutes since, this is a vecy debatable question. If upon proper to the opinions of gentlemen upon this subject who entertain con­ discussion and investigatien of it, with all the facts before us, I should stitutional scruples, that the language of the bill should be made to be of that opinio:Q., I should vote against such a constitutional amend­ suit their ideas when it can be done without injuring the efficiency ment. That is as definite as I can be now upon that proposition. I of the bill. am of the opinion that this is a matter within State control; but Mr. GARLAND. Mr. President, since I have been in the Senate I upon further investigation I may possibly change that opinion. I have voted for a good many resolutions of inquiry, and for some was of opinion at one time, after reading the decision in Gibbons -vs. bills of inquiry also, as to matters in the States with which at the Ogden, in 9 Wheaton, that we could not establish a health board, time I could not li!ee that Congress had anything to do. I was once but upon a further investigation of that matter I changed tny opinion put upon a committee, under the leadership of the Senator from Col­ and made a speech of some length in the Senate to show the country orado, [ M.r. TELLER,] to look into the elections in some of the South­ that Congress could establish such a board, and Congress did estab­ ern States. I did not se~ exactly what Congress could do with that lish it. If it should prove upon investigation and upon this informa­ ' information when it received it. On the contra.ry, in the face of two tion that I should be of the opinion that such an amendment of the express decisions of the Supreme Court, I was of the opinion that Constitution would be subversive of the rights of the States, I should Congress could do nothing. Yet I voted for the inquiry, and per­ most certainly vote against it. formed the duty that was assigned to me upon thatcommitteetothe Mr. FRYE. I do not know whether it is in order to move an amend­ best of my capacity. l might cite several other instances in which ment to an amendment already made, but I desire to say that there inquiries like this have been directed without any particular or spe­ is a limitation put upon the time within which the report of the com­ cial purpose and object in the passage of the bill, or resolutions pro­ mission shall be made to one year from the passa~e of the act. viding for the inquiries, as to what Congress would or could do after­ The PRESIDENT pro tempore. The Chair will inform the Senator ward with them. from Maine that an amendment is in order. This is an inquiry into a large and comprehensive subject. It re­ Mr. FRYE. Then! move to extend the one year to eighteen months, lates to information upon all branches of that subject as far as the so as to read : commission may be able to obtain it. I think the inquiry would be Within eighteen months after the passage of this act. incomplete unless the clause which is objected to by the honorable The inquiry is very broad ; the commission has been enlar~ed ; Senator from Florida were in the bill, because the States having there will be difficulty in getting the members together, espeCially jurisdiction as heretofore to pass laws and control this matter within where they work without pay; and in my judgment they will neecl themselves, it is important, if we are to know any thin~ about it as the whole of eighteen months. I ask the Senate to consent to that the law-making power of the United States that we snould know amendment. I accepted the amendment making the time one year, what has been the effect of the State laws. I cannot see how the and now I ask that the time may be extended six months longer, inquiry would be complete and full without that examination. making it eighteen months. There is nothing said now as to what Congress will do with the in­ The PRESIDENT pro tentpore. The question is on agreeing to the­ formation when we have it. That will be an after-inquiry; it will amendmeut of the Senator from l\Iaine1 [1\Ir. FRYE,] making the time­ be an after-question. Ifit comes as a mere matter of information, and in which the commission shall report mghteen months instead of one Congress determines that it can do nothing with it;, it will be simply year. a matter that we have been informed about but upon which we can­ The amendment was agreed to. not legit>late. If it is determined that Congress can do something The bill was ordered to be engrossed for a third reading. with it, then Congress will have the information before it upon l\Ir. COCKRELL. Let the bill be read the third time in fnJ l. which to act. The bill was read the third time at length, as follows: There is another suggestion which I wish to make to the Senate. Be it enacted, &c., That there shall be appointed by the President, by and with There are now upon ~lie table a number of resolutions touching this the advice and consent of the Senate, a commission of seven persons, not more matter, among them obe or two or probably more providing for a than fonr of whom shall be of the same political party nor be advocates of prohi· constitutional amendment to prevent the alcoholic liquor traffic. I bition, who shall be selected solely with reference to personal fitness apd capacity for an honest, impartial, and thorough investigation, and who shall bold office until believe the honorable Senator from New Hampshire [Mr. BLAIR] has their duties shall be accomplished, bl\t not to exceed two years. It shall be their introduced once or twice a resolution providin~ for the submission du~ to investigate the alcoholic liquor traffic, its relations to revenue and taxation, of an amendment to the Constitution to prohibit this traffic. In and its generaleconomic, cFiminal, moral, and scientific aspects in connection with view of the fact that propositions are before Congre s to amend the pauperism, crime, social vice, the public health, and general welfare of the people; and also to inquire ·as to the practical results of license and prohibitory legiSla­ Constitution in this respect, this infermation would not only be im­ tion for the prevention of intemperance in the several States of the Union. portant butit would be absolutelynecessary. We could notproceecl SEC. 2. That the said commissioners shallRerve without salary; that the neces· to legislate in reference to an amendment of the Constitution upon sary expenses incidental to said investigation, not exceeding $10,000, sball be paid this subject without that information with any proper degree of in­ out of any money in the Treasnry not otherwise appropriated, upon vouchers to be approved by the Secretary of the Treasury, and for this purpose the sum of telligence. I know I am not mistaken when I say that the Senator $10.000 is hereby appropriated out of any moneys in the Treasnry not otherwise 1786 CONGRESSIONAL RECORD-SENATE. MARCH 10,

:appropriated. It shall be the further ~uty of· said conunissioners to t6_port the .oftat!ons fumished bJthe United State~ to the sufferers by the result of their investigation, with such suggestions and recollllllendations as they ti?n may see fit to mak~. and the expenses attending the aan1e, to the-President; withiil MisSl.SSlppi overflow; aJld it was thereupon signed by the President ·eighteen months aner the passage of this Mt, to be transmitted by him to' Con· pro tempore. :grass. HOUSE' BILLS REFERRED. The PRESIDEl(T pm tempm·e. The question is, Shall the·bill pass T The bill (H. R. No. 4466) making appropriations for the Agricul­ Mr. PUGH and Mr. VEST called for the yeas and nays, and they 'tuml Department of the Government for the fiscal year ending June were ordered. 30, 1883, and for other purposes, was read twice by its title, and The Principal Legislative Clerk proceeded to call the roll. referred to the Committee on Appropriations. Mr. RANSOM, (when ·1\Ir. "BROWN's name was called.) I am re­ ' Th~ bill (H. R! N<). 4754) to admit free of duty certain steam-plow •quested by the Senator from tGeorgia [Mr. BROWN] to state to•the machinery now at the port of San Francisc·o was reaa twice by its Senate that he is paired on this question with the Senator from title, and referred to the Committee on Finance. Nebraska [Mr. SAUNDERS.] The joint resolution (H. R. No. 161) making an appropriation to lli. FARLEY, (when his name was called.) I am paired with the enable the Light-House Board to meet the extraordinary expenses ~Senator from Louisiana, [Mr. KELLOGG.] If he were here, I should consequent upon the flood in the·Mississippi River was ·read twice "VOte "nay." by its title, and referred to the ,Committee on Appropriations. Mr. PLUMB, (when the name of Mr. WILLIAMS was called.) I am Th~ joint resolution (H. R. No. 1_40) to print certain eulogies doliv­ paired with the Senator from Kentucky, [1\Ir. WILLIAMs,] but I have ere?- ill _Congress upon the late l\ficha~l P. O'Con;nol:' was read twice :arranged with his colleague so as to transfer the pair to the Senator by 1ts title, and referred to the 'ComiD.lttee on Prmting. from Nevada, [Mr. JONES.] If the Senator from Kentucky were present, I presume he would vote "nay." J vote "yea." ORDER OF BUSTh"ESS. The roll-call was concluded. Mr. MORGAN. I move that the Senate proceed to the consider­ Mr. WINDOM. 1 am paired with the 'Senator from West Virginia ation ofthe bill (H. R. No. 1052) in relation to the Japanese indem­ .[Mr. DAVIS] on all political questions. Iunderstandhewould vote nity fund . "nay" on this question, and therefore I withhold my vote. Mr. BAYARD. I merely submit to a vote of the Senate-! a k lli. FERRY. I am paired with -t.he Senator from Delaware [Mr. only for that-whether they will give precedence to the Japanese :SAULSBURY] on all political questions, but I believe this is not a indemnity bill over the tariff-commission bill. It is proper I should political question; therefore I vote "yea." state that the Senator from Oregon [Mr. SLATER] is prepared to ad­ Mr. CAMERON, of Wisconsin. I am paired upon the question of dress the Senate and has given notice that he intended to address the pa-ssage of the bill with the Senator from TeBnessee, [Mr. JACK­ the Senate on the tariff-aommission bill to-day. I wish the Senate SON.] If I were at liberty to vote, I should vote "yea." simply to understand that, without desiring to antagonize the bill Mr. ALDRICH. My colleague [Mr. ANTHONY] is paired with the of the honorable Senator from Alabama. On the contrary, I am dis­ Senator from West Virginia, [1\Ir. CAMDEN.] Ifpresent, my colleague posed to yield my shMe of support to the bill he has in charge whon would vote "yea." it is brought before the Senate. It is a mere question of the priority Mr. PLATT. I was paired with·the Senator from Vir~inia [1\Ir. of business. I hope the Senate will vote down the motion to take .JoHNSTON] upon the Chinese bill. I tmderstand that he IS sick. I up the Japanese indemnity bill, and then proceed with the tariff­ -do not think he understands that I am paired with him on any thing commission bill. but the Chinese bill. Mr. MORGAN. I wish merely to say that I am satisfied we can Mr. TELLER. I am paired with.the Senator from Virginia [Mr. dispose of this House bill to-day without difficulty. There will be per­ .JOHNSTON] on political questions. · haps a very limited debate upon it. A.s far as I am concerned, I do not Mr. PLATT. Therefore I vote "yea." care to debate the bill extensively, because the report of the committee 1\Ir. GROOME. Upon questions connected with this bill on which has·endeavored to set forth all the facts in relation to the case and -the Senator from New York [Mr. MILLER] and myself disaw:eo, I the grounds of action that this Government is expected to take. The .am paired with him; but if he-were present, he would voto 'yel:l." bill of the honorable Senator from Delaware will probably take omo upon the passage ofthe bill. I therefore vote "yea," in accordance time. The honorable -Senator from Massachusetts said yesterday with my own convictions. he thought it would take a month. We can get this House bill out The result was aiNlounced--yeas 34, nays 14-; as follows: of th!-' way to-day without any difficulty, and then have a free road to bnng forward any of the other more important measures. YEAS-34. The House has passed t.his bill I may say unanimously l:l.nd sent it .Aldrich, Frye, Lapham, Plumb, I .Allison, GarL~nd, McDill, Rollins, to us, and think in a short time comparatively we can dispose of it. l3lair, George, MoMi.J.lnn, Sawyer, It has been so much discussed and is so well understood by the Senate Coke, Groome, Mahone, Sewell, and by the people of the country who have paid any attention to it, Con~er, Hale, Maxey, Sherman, that I think we shall economize time greatly by taking up the bill DaVIS of lllinoi.R, Harrison, .Miller of Cal., Teller, Dawes, Hawley, Mitcl!.ell, 'Walker. this afternoon and closing the week with it. I hope therefore the Edmunds, Hill of Colorado, Morrill, Senate will.allow the bill to be taken up now. Forry, Hoar, Platt, ~·GARLAND. I wish· to make a suggestion which I think will NAYS-14.. smt all a:ound.. Let _the. Senator from Alabama get up his bill and then let It be la1d aside informally for the purpose of allowing the Bayard, Jimas, Pugh, VanWyck, Beck, J one.s of Florida, Ransom, Vest. Senator from Oregon to address the Senate upon the tariff-commis­ Hampton, Moraan, Slater, sion bill. HlUTlS, Pen8ieton, Vance, Mr. MORGAN. I have no objection at all to that course. ·ABSENT-28. Mr. GARLAND. That·will accommodato all sides, I think. I have merely made the suggestion nrs a means of accommodating all. Anthony, Cockrell, · Ingalla, McPherson, Brown, Davis of W.Va.., Jackson, .Miller of'N. Y., . !tlr: ROAR. That does not seem to me to he qnite a fair sugO"es­ Butler, Fair, Johnston, Saulsbury, tion ill reference to other matters. Here is the tariff-commission bill, . I Call, Farley, Jones of Nevada, Saunders, and it is to be t:1.ken up very soon. It does not seem to me that it is Camden, Gorman, Kellogg, Voorhees, quite fllir to take up another bill and lay it- aside informally to per­ Cameronof Pa., Grover, Lamar, Willi.a.ms, Cameron of Wis., Hill of Georgia, Logan, Wino a. sufficient time for the progress of the country a. tariff, no matter bow wisely drawn, the commission to act if they are to report at the next session of must require revision. 1\Iy friends and my constituent intere ted in Congre s. business desire peace. While the tariff stands as it is now, it is a I trust, therefore, that all those who are in favor of the tariff com­ subject of continual agitation and irritation. 'Ve should be able to mission will vote down every other proposition until that is taken know, if we can, five or ten years ahead what we may depend upon up. When that bill is taken np, I will say to the Senator from Ala­ from the American Congress. We know the tariff ought to be re­ bama for one, at the heel of to-day'8 session perhaps, I would be per­ vised, and we believe there is a general sentiment for it. I say there fectly willing that it should be laid aside temporarily for action is among the men called the protected classes. upon his bill; but I hope that the tariff-commission bill will be taken Mr. BECK. I have only to say that I know nothing about the up and become the regular order. metropolitan press or the wishes of these great organs; but there is Mr. BECK. The Senator from Vermont appealsonlytothosewho not an organ that is owned by the protectionists (I u e the word are friends of the tariff commission to vote to take up the bill. He "owned" because some of them admit that they are directly in the will meet with a very earnest support from some of us who are very pay of the Bessemer steel and other combinations) which is not much opposed to his tariff commission. We desire to take it up, clamoring for a commission. The Constitution of the United States because we think the Senate and the House ought to deal promptly requires Congress to pass upon all subjects relative to taxation, and with that question, unless the postponement of all reform in tariff all I ask is that we shall have prompt action. When the Senator taxation, which I think is desired by the men who are now protected, from Vermont called. upon the friends of the commission to stand by is to be granted. the bill I took occ:tSion to say that as one very much opposed to his Mr. McPHERSON. The question as to what bill is to be consid­ commission I would vote with him nowand at all timestoeettlethis ered is likely to occupy the attention of the Senate during the rest question and have it determined promptly by the Senate so that ()f the day, and no progress will be made. Therefore, I move that the some change can, a-s I hope, be had in the tariff, which will give Senat-e proceed to the consideration of executive business. ["No!" relief to the people. "No!"] There are matters, as is well known, which we ought to Mr. MORGAN. We see now, from the little skirmish that has oc­ <:onsider in executive session. Clll'red here this evening, that there is going to be a very protracted The motion was not agreed to; there being on a division-ayes 9, debate before the tariff-commission bill can be disposed ot: I called noes not counted. up the Japanese indemnity bill this afternoon because it seemed to 1\Ir.HAWLEY. Iwishtosay justawordin replytothesuggestion .have no enemies in the Senate. It passed the House, as I stated, made by the Senator from Kentucky, [Mr. BE~K.] For myself, I am almost unanimously, oT indeed by a unanimous vote, I believe, and anxious to take up the bill for a tariff commission, having no objec­ I called it up this afternoon because I thought we could get through tion whatever to the two bills that are contestin~ for precedence. I with it and have it out of the way; and then those gentlemen who presume I shall vote for both of them. I am qmte sure I shall vote are anxious to antagonize each other on the tariff question can have for the bill moved by the Senator from Alabama. a fair ehance and there will be nothing left for the Senate to do but The Senator from Kentucky is very greatly mistaken in saying to consider that question. now as he has said, or some others of the same belief have said be­ The Senate of the United States, after having dealt with one east­ fore, that those who are now protected are opposed to action on the ern nation yesterday in what I am compelled to admit is a harsh tartif. It has been intimated that the New England influence was way, I hope will on this day signalize a disposition to do an act of in that direction. I speak for a. part of New England. My con- justice which everybody considers ought to be done. I pledge the tituents and friends who are interested in manufactures and to some Senate that I will occupy a ve1·y small portion of time in the advo­ extent in protection, who are regarded by the Senator from Kentucky cacy of the bill, only sufficient to bring the merits of the bill clearly as being the special advocates of protection, are earnestly in favor before the Senate in the simplest form. I hope, therefore, the Senate ()fa careful revision of the tariff, and desire that it shall begin as will indulge the Committee on Foreign Relations in taking up the soon as possible. Japanese indemnity bill this afternoon. 1\Ir. BECK. Will the Senator allow me to ask him a question' Mr. DAWES. 1\Ir. President, I have but a word to say. 'fhe Sen­ , Mr. HAWLEY. Yes, sir. ator from Kentucky [1\!r. BECK] should take notice of the fact that Mr. BECK. Have those gentlemeninNewEngland any reason to all delay in the revision of the tariff has come from the Senator from .doubt that their Senators and Represenatives are able to deal with Kentucky himself and those who take the position be takes. It is this question t now near two years since the Senator from Kentucky began this Mr. H.A. WLEY. That is another question. It is a. question of pol­ opposition to a commission to revise the tariff, a commission bill icy as to the manner of taking up the matter of tariff revision. introduced from his side of the Chamber, urging the reasons he has Whether we shall have a. commission is merely an incidental ques­ urged to-day, including that which he has repeated to-day, that all tion. I am in favor of it now, not becau e I suppose that a tariff the protection men are desirous of delay, while his opposition and 'Commission will relieve us of any responsibility whatever, as to the the opposition of those who hold to the doctrines and talk as he does details or principles of a bill, but it would bring in, or it should prevented the passage of a law a year ago which contained in it a 'bring in a finding of facts that would be very valuable and very in­ provision that the commission should 1·eport uy last December. -structive. However, if the tariff-commission bill is to linor of imposing a tariff for protection,. tif)ns of that sort. regardless of revenue, then I hope the people will keep them at home If the Senator from Vermont on the day when this commission was and send other men who will look to the revenues of the country proposed by him had said to the Senate and through us to the House and not to enrich a few at the expense of all, and thus perfo·rm their of Representatives that the tariff needed revision, that we begged constitutional duty. the Committee on Ways and Means of the House of Representatives Mr. MORG.AN. I ri e to a point of order. I desire to call the to proceecl at once to grant relief, something would ha>e been done attention of the President pro tempore to Rule No.8 which prohibits ere now; and if that committee had laid anything before us, bills debate on the merits of a question on a motion to take it up. could have been pa sed by this time whereby hundreds of millions The PRESIDENT pro temp01·e. The point is well taken. of taxation could have been removed from labor ofthe country and · M.r. BECK. I will sitdownifthe point is well taken. I want t() every man in it would have been benefited. save time, but I do not want to be told I am dying to aid protection. The bill provides for a commiasion to make a report next December Mr. DA. WES. I hope the Senate will indulge me a single moment. or January, when only three months of this Congress will remain; I want to know if there was ever anything more absurd in this world and this is said to be in the intere t of a removal of burdens; and than the cry which the Senator from Kentucky-- that nine men are to be picked by the President having more intelli- Mr. HARRIS. I raise the question of order on the Senator from gence than the Senators and Representatives on the respective :floors 1\Ia achnsetts as it was raised on the Senator from Kentucky. of this· Congress, who are by the Constitution intrusted with the Mr. HOAR. Mr. President, does the eighth rule apply to anything considemtion of the ·e questions. I deny that anJr outsiders are bet- but business in the morning hour Y ter fitted to do this work than the Senators and Repre entatives The PRESIDENT p1·o tempore. The Chair will look at it. chosen by the people. The commission will be made up of men re- Mr. DAWES. While the Chair is looking at it, if the Senate will sponsible to nobody, men who can call whom they please, men who Iallow me to say a. word or two, my dying friend from Kentucky-­ rua.v be, certainly can be, packed jurors, paid to support their em- Mr. HARRIS. As the Senator from Kentucky was cut off before ployers; and, if the leading organs of the protectionist party can be he had concluded, I object to the Senator from Massachusetts pro­ relied upon, men axe to be selected because they are in favor of Ice~ding . particular interests, and men who oppose protection are as umed to Mr. DAWES. If the Sljnator from Tennessee is in favor of fair be no more fitted to it upon that commission than men who cannot play, he will not cut me off until I get as far as the Senator from take the oath required would be fit to sit in this Hall. Kentucky did. -

CONGRESSIONAL RECORD-SENATE. 1789

Mr. HARRIS. The Senator from Massachusetts haton, Mitchell, Vance, and they prepared this bill for the action ()f Congress. .Cockrell, Hamson, MoiTill, Walker, Mr. HOAR. I desire to call the attention of the Senator from Ohio to Coke, Hawley Pl.a.tt, Windom. the language of this bill. It is that'' on the petition of :til the owners Conger, Hill of Colorado, Plumb, of property abutting on a certain alley running north and south 'Dawes, Jones of Florida, Rollins

: CONGRESSIONAL RECORD-SENATE. MARcH 10,

Mr. PENDLETON. The only troul;>le is that that may require The PRESIDENT pro tempore. There are amendments of the Com­ 'anew their consent, which is already given, and which might be mittee on Indian Affairs which are first to be acted on. They will withdra"rn, though I do not think it would be. I have no reason to be read. • apprehend it would be withdrawn. The alley that is provided for The first amendment reported from the Committee on Indian in lieu of the one to be closed, if the Senator will look at the plat Affairs was to fill the blank in line 17 of section 1 by inserting which I have here, meets entirely-the convenience of all the parties. "five;" so as to read "for the period of five years." The only effect of the bill is to remove an alley ten feet in a certain The amendment was agreed to. direction. Th6 next amendment was to strike out section 4. Mr. HOAR. It seems to me if the Senator understands my point 1\Ir. COCKRELL. I should like to ask why that is stricken out t he will not object to the amendment. This bill provides that on the Why are the Indians prohibited from having a home and habitation t petition of all the owners of land abutting on a particular alley, or 1\lr. DAWES. I do not think it ought to be stricken out myself if of the owners abutting on any part of the alley, such part of the it is the section I have in my mind. The bill is in charge of the col­ alley shall be shut up ; so that the owners of the outer end can, under leagueoftheSenatorfromNebra ka, [Mr.. SAUNDERS.J l\fyown opin­ fiis bill, cut off the interior owners without their consent. ion about that section is such that I shall vote agarnst striking it Mr. PENDLETON. I consent to the amendment. out. 1\Ir. HOAR. The Senator consents to the amendment. !move, in 1\Ir. TELLER. What is the section'! the ~ghth line, to strike out the words "or any portion thereof." 1\Ir. COCKRELL. The Senator from :Massachusetts does not con­ The PRESIDENT pro tempore. The question is on the amendment cur in the recommendation of the committee to strike out that sec­ of the Senator from Massachusetts. tion t The amendment was agreed to. Mr. DAWES. I do not. The bill was reported to the Senate as amended, and the amendment Mr. TELLER. Let the section be read. was concurred in. The Acting Secretary. read section 4, a follows: The bill was ordered to be engrossed for a third reading, read the SEc. 4. That if any: :mem~r of the said confederated tribes residin~ at the dnt& third time, and passed. of the afore aid act of March 3, 1881, upon any of the lands authorized to be sold by INTERIOR DEPARTMENT ACCOMMODATIONS. said act, and who has made valuable improvements thereon, shall elect t~ remain on the lauds now occupied by him or her, the Secretary of the Int-erior shall can & Mr. McPHERSON. With the consent of the Senator from Oregon, a patent to issue to the person so elected for one hundred and sixty acres of land, [Mr. SLATER,] who is willing to postpone his remarks until the next to include his or her improvements: Provided, That ,the lands acquired by any sitting of the Senate, I move an executive session. Indian under the :provisions of this section shall not be subject to alienation, Ieru e, or incumbrance, e1ther by voluntary conveyance by tho grantee or his heir , or by Mr. ROLLINS. I desire that the Senator will yield for two min- the judgment, order, or decree of any oour t, or subject to taxa.tion of any character , utes. I ask the Senate to consider Senate bill No. 1361. but shall remain inalien.'l.ble a.nd not subject to taxation, lien, or incumbrance for­ Mr. McPHERSON. What is itf the period of--years, which restriction ahaJl be incorporated in the paten t. Mr. ROLLINS. I ask that it be read as part of my remarks. Mr. DAWES. I will state what I understand to be the reasons 1\Ir. BAYARD. Does the Senator propose to displace the regular which controlled the committee in proposing to strike out that ec­ order before the Senate! tion. I shall vote against striking it out myself. The committee Mr. ROLLINS. Only informally. were of opinion that there were no Indians to whom it wonld apply. Mr. MORRILL. The Senator from New Hampshire proposes a bill There was some division in the committee abont exempting the laud to give an opportunity to the Secretary of the Interior to rent or of Indians in eeveralty from taxation. There was considerable dis­ lease some building in order to afford room for the clerks already cussion in the committee about that, and the committee having been authorized for the Pension Bureau. informed (whether correctly or not I do not know) that there were­ Mr. ROLLINS. We have appropriated the money to pay the no Indians to whom this would apply, got around the difficulty by clerks, but have no room for them to work in. striking out the section. · 1\Ir. McPHERSON. I withdraw my :r;notion. 1\fr. TELLER. Have they not any improvements 'I The PRESIDENT pro tempore. Will the Senate lay aside the reg­ Mr. DAWES. No, there were no Indians that wanted to remain, ular order temporarily and take up the bill indicated by the Senator it was said. That was the statement. Of course what transpired from New Hampshire t in committee I do not think it proper for me to state; but I did not There being no objection, the Senate, as in Committee of the Whole, see any harm in letting the section remain, and I did not see any proceeded to consider the bill (S. No .. 1361) to autl:.orize the Secre­ difficulty in exempting the land of an Indian who is set up in ever­ tary of the Interior to rent for a term of years the building at the alty from taxation for a number of years, and therefore I was in southwestcornerofPennsylvaniaavenueand Thirteenth street north­ favor of the section remaining because it could not be made abso­ west, in the city of Washington, District of Columbia. lutely certain that there woUld not be some of these Indians who­ The bill was reported from the Committee on Public Buildings and desired to remain. But the section was stricken out by the commit­ Grounds with an amendment to strike out all after the enacting tee for the reasons I have stated, unless I am tnistaken. clause and insert: 1\Ir, COCKRELL. Did the committee inquire of the e sundry That the sum of $20,000 be, and hereby is, appropriated, outofanymoneysin the Indians to know whether any of them wanted to remain or not Y Treasury not otherwise appropriated, for the purpose of enabling the Secretary of the Interior to rent or lease from year to year a suitAble building or buildings for ~Ir. DAWES. My recollection is that the committee took the additional accommodations for the Pension :Bureau. statement of the Senator from Nebraska, [1\fr. SAUNDERS,] who is Mr. ROLLINS. Before the question is put I desire to move an a member of the committee, to the fact that there were no Indians there of the character describell.in section 4. amendment to the amendmen~ of the committee, after consultation with the committee and.with the Secretary of the Interior. I mo""Ve 1\fr. COCKRELL. The committee made no further examination to strike out at the end of the amendment the two words "Pension of that question f Bureau" and insert ''Departmentofthe Interior," so as to enable the Mr. DAWES. None BO far as I recollect. Secretary of the lnterior to provide for the Land Office as well as the lli. PLUM:B. I wasnotawareofthefourthsectionofthis billhav­ Pension Bureau. ing been stricken out, a!td in fact only knew about the general terms 'fhe amendment to the amendment was agreed to. of it from the statement made to me by the Commissioner of Indian The amendment as amended was agreed to. Affairs as to the legislation that had been proposed; but I desire The bill was reported to the Senate as amended, and the amend­ to say in regard to this section that I am satisfied that it is to the ment was concurred in. interest of the Indians that it shou];d be stricken out. It is po sible, The bill was ordered to be engrossed for a third reading, read the and I think perhaps it may be probable, that at the time of the third time, and passed. breaking up of this reservation some of the Indians would have liked The title was amended. so as to read, "A bill to provide additional to stay there on the land on which they had made homes, but after accommodations for the Department of the Interior." the remaining part of the tribe has been moved away from that reservation and to a remote point in the Indian Territory, it will OTOE AND MISSOURIA RESERVATION. undoubtedly result that that opinion or desire will change. Mr. VAN WYCK. I a-sk that the pending o.rder be informally laid In the ca e of the Kickapoo Indians in my State a similar provision aside for a few moments for the consideration of the bill, which I was incorporated in the original bill, under.which their reservation will explain. was sold and lands were allotted to them, some portion of which had 1\Ir. BAYARD. If it does not displace the regulai> order, I shall been improved by the Indians selecting the lands. The remainder not object. of the tribe was moved to the Indian Territory, and the re ult was Mr. VANWYCK. I can readily explain the necessity of this bill. that the individual members, by reason of their attachments to the ' The PRESIDENT pro tempore. What bill does the Senator from tribal relation and to the surroundings which had been created in Nebraska propose to take up t the Indian Territory by the removal of the tribe thereto) abandoned :Mr. VANWYCK. Senate bill No. 930. their lands in Kansas ani!. went to the Indian Territory, and their By unanimous consent, the Senate, as in Committee of the Whole, lands remain to-day in Kansas unimproved, unoccupied, untaxed, proceeded to consider the bill (S. No. 930) to amend an act entitled a burden to the community in which they are situated and of no ''.An act to provide for the sale of the remainder of the reservation of benefit whatever to the Indians. the Confederated Otoe and l\fissouria tribes of Indians in the States Now, I regard it as absolutely certain that if the main portion of of Nebraska and Kansas, and for other purposes," approved March the Otoe tribe of Indians are removed from Nebraska to the Indian 3, 1881. country or ..my other point from there, the fra~ents of the tribe :Mr. V.AN WYCK. I propose a short amendment, which has been which may remain will undoubtedly and inevitaolyfollow the main examined by 1he Committee on Indian Aft'airs, who reported this pill. portion of the tribe and leave the StateJ and that, too, notwithstand- 1882. CONGRESSIONAL.. RECORD-HOUSE. 1791 ing ~ny inducement that may exist now by reason of the improve­ The amend~d bill, as submitted, provide~ ~ar these requirements, and also for­ ments that they may have placedon the land. I thinkmyselfthatit the sale by pnvate entry of all lands rema.mmg unsold at the expiration of one• would be better for the Indians that t.hey should all go together. year from tho approval of the appraisement thereof. I have no doubt this bill expresses, as the other legislation has That is the history of the bill from its passage in 1881 • and after­ expressed, fairly the desire of the maojority of the Indians to remove the Indians· had been removed, after the tribe had gone ~n attempt from the location where they a.re now located; and if any of them was made to have the appraisers appointed provided fo~ by the act should be induced to remain by reason of the attachment they have bot the Secretary of the Interior discovered that the act had made n~ · to the personal property they have gathered about them or to the :provision for their payment. Hence it was that the whole proceed­ piece of land on which they have labored, that attacbment will be mg was stopped, and the only thing to be done that remainad un­ found to be weakened and in fact entirely destroyed whenever the done was, a.s was supposed, provision to be made for the payment of· bulk of the Indians are removed away from their present location. the officers necessary t() be appointed to execute the act. But then. Mr. V .AN WYCK. My colleague, who is on the Indian Committee, some suggestion was made to the Department of the Interior or the· as has been stated by the Senator from Massachusetts, is conversant Commissioner of Indian Affairs that there was a trarder who hD,d a with the actual condition of the Indians on this reservation; he was squaw wife, ancl hence it was necessary that all this other matter· fully informed as to what was their condition, and this provision of should be iugrafted in this bill; but, as I said before we are will-­ the bill he induced the committee to strike out. I was-so anxious, in~ ~o accept it even with this, althougl,l we believe it to be wrong• . and the State of Nebraska and a portion of Kansas were so anxious I tnmk the fourth section should be stricken out. I see no reason that the bill should be passed that we were willing to accept it with ~hy that Indian trader, if he takes land in severalty and becomes almost any modification ; but I am satisfied fully that the fourth Its owner should be exempt from the constitution amllaws of Ne­ section should be stricken out. b~aska, which apply to every ?ther man in the StateJ whatever be The tmth is, as has been stated by the Senator from )fassachu­ his color, who owns and occupies a farm upon its soil. setts on the report of my colleague, that there are no Indians really Mr. .ALLISON. There are some other provisions in this bill that remainina upon this reservation, and this claruse is substa.nti.ally for I d? not qui~e tmderstand ~esides that relating to these lands and the be~e£'t of only the white trader who maypossibly remain there, theu exemptiOn from taxatwn. I see in the law of 1881 that these• the white trader who has been there for years and who has inter­ l~nds were to be sold to actu.al settlers only, so that there was some· married with the Indians, and the only Indian left probaby on that li'tt!le ?are ta~en of the white man's interests in the law of 1881. reservation is the wife of this Indian trader, unless possibly she may Th1s bill proVIdes that the lancls may, be sold to any person. have some aunts or uncles or cousins that may step in and get a little Mr. V .AN WYCK. After one year. When they have been held m benefit of the provisions of this bill. the mar~et .for the objects of the act as originally passed, then after TJ;te tribe have gone; they desired to go :md have gone from this the exp1ratwn of one year tho lands may be sold. sectionj and there is no sort of reason why the constitution and laws Mr. ALLISON. I do not so understand it. of the ~:State of Nebraska should be ignored and violated in reO'ard to Mr. VANWYCK. T~at i~ my un~erstanding ofthe bill. the lands included in this reservation. That constitution and those Mr. ALLISON. I thrnk It very hkely that this section 4 js in­ la.ws provide for no exempti()n frY ~e to be inoperative, inasmuch as it failed to provide for the necess~ expenses (~.No. 22) to pr~VIdefor the ~. ppoin~ent of a commission to inves­ mmdent to the carrying out of certain of its provisions. tigate the questi<;m of the .tariff and mte:rnal-revenue laws; which: That was the only omission in the act of 1881. The other sections will be the unfinished busmess at the next meeting of the Senate. . have been drawn here to see possibly if they could find an Indian EXECUTIVE SESSIO~. or a white man or a white wOJ;nan with a little Indian blood in ~ The Senate proceeded to the consideration of executive business• . or her veins, w~? could be looked after and.le.~slated.for and pro­ After twenty-seven minutes spent in executive session the doors were· tected by an additional amendment, and that IS tne reason and object of this section 4 which has been incorporated here. re~pened, and (at four o'clock and fifty minutes p.m.) the Senate· Mr. TELLER. Who drew that amendment 7 adJourned. Mr._Y AN"\VYCK. I will tell you where it came from in a moment. That 1s all the Secretary really.said was the object of introducing a new bill. HOUSE OF REPRESENTATIVES. The Co~~sio~ of ~dia~ ~ffa.ir~ was reqv.ested to present such draft of pro­ posed leg~~la.tio~ as m_ his oprmon might be 11ecessary lll the premises· and. his letter of tra.nsn.uttal will be found herewith. ' FRIDAY, March 10, 1882. Now I will tell the Senator from Colorado. The letter of the Com­ "The Ho1ISe met at twelve o'clock m. Prayer by the Chaplain, Rev. missioner of Indian Affairs says: 1!. D. POWER. Sm: Referring to Department !otter of December 10 1881, in the matter of the The JournaLofyesterday was read and appro\ed. sale of the Otoe ~nd Missouria reservation in N ebrasb and Kansas under the aet of March 3 last. I have the honor to transmit herewith n. draft of a bill providing GID-."EVA AWARD. for such amendment of the act referred to as the necessities of the case seom to demand. Mr. ~EED. I desire by unanimous consent the passage of this ~o provision is made in said act for expenses incident thereto, nor for the a.p­ reso~~tion, and I.desii·e to ~ay it is agreed upon by all parties in the p r&~ ement and~ &ale of tbe valuable improvements upon the said reservation be­ J ~diCiary Committee the trme named. therein for taking up tho· bill longrng t~ t.he U~ve~ent or ~o membersofth.,confederated tribes,whodesire to will be satisfactory on all hands, if it is to the House. remove w1th then· tribe~ thetr _new home in the I~{lian Territory. Neither is t!Iere any proper protection proVIded for such as havmg in good fMth made selec­ Mr. RANDALL. What bill! tiOn and lo~tion of lan~s ?n their r~servation , and placed valuable improve::n6nts Mr. REED. The Geneva award bill. thereon, desrre to remrun m the eUJoym.ent of them. Mr. R.ANDA.LL. I have no objection to it. 1792 CONGRESSIONAL RECORD-·HOUSE. MARon 10,

The Clerk read as follows : Mr. PACHECO. I hope the gentleman will withdraw his objection, Resolved, That the bill (H. R. No. 4197) re-esta.blishingthe-courtof cori:uniasioners as this is an urgent case. of Alabama claims and for the distribution of the unaj)propriated moneys of the Mr. SPRINGER. I withdraw my objection, but give notice I will Geneva award be taken from the Committee of the Whole and be considered in renew my demand when this has been disposed of. the House, as in committee, on the third Tnesday of March, and thence from day to day until finally disposed of, not to interfere with revenue and general appro­ The bill was read, as follows : priation bills. Be it enacted, &:c., That all the steam-plow machinery ordered by M. C. Fisher, for his own nee, prior to the expiration of the time limited bv section 7 of the Mr. HUTCHINS. I object to the consideration of that bill. act appro"V"ed June 6, 1872, and now in the publio stores or bonded warehouse at Mr. SCALES. And so do I object. San Francisco, shall be delivered to him free of duty, and subject only to the ether Mr. REED. It is the general consent ofthemembers of the Judi­ charges provided bylaw. · ciary Committee, both those against as well as for, to take that time :Mr. PACHECO. This bill has been reported frQm the Committee for consideration. I hope the gentleman from New York will not on Ways and Means. object. Mr. HOLMAN. I will reserve objection until some explanation Mr. HUTCHINS. I think there are other questions before this has l)e.en made. Congress which should be considered before this bill. Mr. PACHECO. I will say, Mr. Speaker, that this bill has been Mr. RANDALL. I think that bill should have a time set for its duly considered by the Committee on Ways and Means, and favor­ consideration. ably reporte{l. I do not suppose it is nece sa.ry to take up the time Mr. HUTCHINS. I o~ject until those other bills are considered. of the House by reading the report. LEAVE TO PRINT. The Committee of the Whole House on the state of the Union was Mr. GIBSON. I ask by unanimous consent, Mr. Speaker, to print discharged from the further consideration of the bill; and it was read some remarks on the agricultural appropriation bill, as I was ill and a first and second time, ordered to be engrossed and read a. third time i unable to attend the session of the House yesterday. and being engrossed, it was accordingly rend the third time, and There was no objection, and it was ordered accordingly. [See passed. .. Appendix.] Mr. PACHECO moved to reconsider the vote by which the bill was PROTECTION OF AMERICAN CITIZ.ENS ABROAD. passed; and also moved that the motion to reconsider be laid on the table. Mr. CRAPO. I ask unanimous consent to introduce resolutions, The latter motion was agreed to. which I send to the Clerk's desk, for reference to the Committee on Foreign Affairs, and that they may be printed in the RECORD. ORDER OF BUSINESS. There was no objection, and it was ordered accordingly. Mr. SPRINGER. I demand the regular order. The resolutions are as follows : - The SPEAKER. The Chair understands the gentleman from Iowa At a meeting of the specially-delegated representatives of the Land League and desires to submit a privileged report. Irish-American societies of Flill River, in the Commonwealth of Mass"Whuee1t..s, ?!Ir. HAZELTON. I hope the gentleman from Illinois will not insist the following resolutions were adopted: upon the demand for the regular order for a moment. Resolved by the Land League and. Irish American societies of Fall .River Massa­ chusetts, That in view of the despotio incarceration of Irish-American citizens1 by Mr. SPRINGER. I must insist upon the call for tho regular order. the British Government, we believe the time has fully come for Congress and the DELEGATE FROM ALASKA. Executive to demand the immediate trial by a jury of their peers of any and every native or naturalized citizen of the United States now incarcerated in British dun­ Mr. THOMPSON, of Iowa, from the Committee on •Elections, sub­ geons, or their immediate release. mitted the views of the minority of the committee, on the appli­ Resolved, That we appeal to the American Congress and to the Executive to cation of M. J. Ball for admission a,s Delegate from Alaska; which take snob action as will vindicate American honor, protect American citizenship, and establish justice. To this end we pledge loyalty and united support. was ordered to be printed in connection with the report of the ma­ .Resolved, That, in the 1-.ngnage of The Citizen, of Chicago, "Europe, not Eng­ jority of ~aid committee. land, is the mother country of America," and that every citizen of the United EXECUTIVE AND OTHER COMMUNICATIONS. States, be he American, Englishma.n, Irishman, Frenchman, German, Russian, Italiwl, Spaniard,-or Tnrk, is personally interest-ed in this demand. The SPEAKER. The Chair desires at this time to submit for T. DWIGHT STOW, reference certain executive communications, if there be no objection. THOMAS WEBB, There was no objection. JOHN RIDER, Oommittes League No. 1. PROMOTIONS IN THE ARMY. On behalf of the Young Men's Irish-American F. A. a.nd B. Society, numbering The SPEAKER laid before the House a communication from the four hundred and thirty-eight members: in Thos. Donahuy, Prest. John C. Sullivan, Fin. Sec. Secretary ofWar1 respou.se to a House resolution of February 281 Beilj. F. Mehaney, Vice-Prest. Daniel Murphy, Asst. Fin. Sec. 18821 directing him to inform the Hou.se why section 1204 of the John J. Lannegan, .Rec. Sec. Micha~l E. Stanton, Treasurer. ReV18ed Statutes is not applied to lieutenants of the Army in lineal John P. Kenney, Oor. Sec. Timothy Lear, Masel. promotion; which was referred to the Committee on Military Affairs, On behalf of the Sarah Curren branch of the Ladies' Land League: and ordered to be printed. _ Mrs. Neary, Prest. Miss J.bry A. Guilfoyle, .Rec. Sec. Miss Mary A. McFadden, Vice-Prest. Mrs. O'Donnell, Treasurer. EXPENDITURES ON ACCOUNT OF MILITARY ESTABLISHMENT. Miss Ellen Fogarty, Fin. Sec. The SPEAKER also laid before the Hou.se a letter from the Secre­ Ladies branch of I. N. L. L. : tary of War, submitting a s~atement of expenditures of money appro­ Miss Maggie A. Lingane, Prest. Miss Bridget A. Leary, .Rec. Sec. Miss Mary Murphy, 1st Vice-Prest. Miss Julia Murphy, Fin. Sec. priated for the contingent fund of the military establishment during Miss Mary Feeley, 2d Yice-Prest. Miss Nellie Kelley, Oor. Sec. the fiscal year ending June ae, 1881; which was referred to the Com­ Miss Mary Malone, Treasurer. mittee on Expenditures in the War Department, and ordered to be On behalf of St. John's Society: printed. Hugh McKevitt, Prest. Maurice Shaughnessy, Sec. LIGHT-HOUSES. Daniel A. Sullivan, Vice-Prest. Robert EmmetT. A. L. and B. Society: The SPEAKER also laid before the Hou.se a letter from the Secre­ William Moran, Prest. Martin Ryan, .Rec. Sec. · tary of the Treasury, transmitting a communication from the Light­ James Driscoll, Vice-Prest. House Board, requesting Congress to add to the appropriation bills On behalf of Division No. 1, Ancient Order of Hibernians, and three hundred for maintaining the light-house establishment, and building light­ men of Fall River, Massachusetts: John McCarty, Prest. John Stanton, Fin. Sec. house structures, a clause similar to that appended to the river and Thomas M.Wden, Vice-Prest. Richard Hinley, Treasurer. harbor appropriation bill; which was referred to the Committee on John J. Cummings, Rec. Sec. Commerce. On behalf of Division No. 3, Ancient Order of Hibernians, of Fall River, Massa- POLYGAMY. chusetts: · in Edward Driscoll, j~ Prest. Dennis T. Sullivan, Pin. Sec. The SPEAKER. The Chair desires to state that it is receipt of Micha~l D. Foley, Yice-Prest. ­ Patrick J. Lee, Treasurer. four memorials from citizens of the Territory of Utah, which it is James H. Ryder, .Rec. Sec. requested to submit to the House, and in the absence of objection ORDER OF BUSTh"'ESS. they will be submitted at this time. Mr. BERRY. I askunanimou.s consent, Mr. Speaker, to take from There was no objection. the Calendar the bill (H. R. No. 199'2) for the relief of the Savings The SPEAKER submitted a. memorial to Congress signed by 10,966 Bank of Santa Rosa, California. young ladies of Utah Territory, for the suspension of further action on all bills relating to Utah, and for a commission of honorable, in­ Objection wa~ made. telligent, and unprejudiced men and women, to inquire into and STEAM-PLOW MACHTh""ERY. learn the true state of affairs in that Territory. Mr. PACHECO. Mr. Speaker, I ask by unanimou.s consent that Mr. VAN VOORHIS. I ask why this petition cannot be submitted the Committee of the Whole House on the state of the Union be dis­ through the petition-box f charged from the further consideration of the bill (H. R. No. 4754) Mr. HAZELTON. It is too late now to object. to admit free of duty certain steam-plow machinery now at the port The SPEAKER. The Chair does not understand the gentleman of San Francisco. In this case the Secretary of the Treasury has from New York as having objected t.o the presentation of the peti­ fixed the day for public sale, which is at the end of the next month, tions in this manner. It has been done frequently in similar cases. and action mu.st be taken now if at all. - Mr. SPRINGER. Let us have the regular order. Mr. SPRINGER. I demand the regular order. The SPEAKER also submitted a. memorial to Congress signed by The SPEAKER. The regular order is called for, which is in the 13,035young men oftheTerritory of Utah, infavoroflegislation for nature of an objection. that Territory. 1882. CONGRESSIONAL RECORD-HOUSE. 1793

The SPEAKER also submitted a memorial to Congress of 15,001 effectually in Utah as in any other portion of the Union. That this is imperative to ;vomen of the Territory of Utah, against hasty and reckless action the welfare and prosperity of our common country, and that we believe it to be the duty of all members of Congress t-o use all lawful means toward eradicating the in regard to the political disorganization of that Territory, and for licentious and other unlawful features of the Mormon Church. That the bill now a commission of honest men and women to investigate the true con­ pending before Congress, and popularly known a-s "the Edmunds bill," should, dition of the Mormon people of Utah. m our opmion, be supported by Con~ssional Representatives, and we trust, and hereby request, that Rev.re-sentative .)!;, S. LACEY will aid to the best of his ability Mr. CAMP. Would it be in order to call for the reading of +.he in the passage of that bill. namesf .Further resolved, That Rev. H. H. Van .A.u.ken be r equested to forward these The SPEAKER. The Chair thinks not. resolutions to :Mr. LACEY at once. The SPEAKER also presented a memorial of 12,378 men citizens The memorials from Utah laid before the House by the Speaker of the Territory of Utah, for a commission of honorable and upright are as follows: men to make a careful investigation of affairs in that Territory be­ To the honorable the Senate and HO'W!e of Representatives in Oongress assembled: fore any further action of a hasty character is taken. Whereas certain bills are now pending before your honorable body, which, if The memorials were referred to the Committee on the Judiciary. passed, will break up happy homes and fa.milies and produce untold misery, sor­ Mr. CONVERSE. I ask that the heading of these petitions be row, and suffering; will deprive us of the kind, fostcrin~ care of honorable, upright, God-fearing fathers, and drive forth our precious, lovmg mothers as outcasts; a-s printed in the RECORD. those who have no right to the honored name of wife, and also cast opprobrium The SPEAKER. The Chair has been request.ed to ask that the upon many of us as illegitimate ; and . headin._g of each of these petitions be printed in the REcoRD. Wherea-s the pa sage of such bills would deprive our fathers, mothers, and l\Ir. v.AN VOORHIS and Mr. BAYNE objected. brothers (and ourselves, when properly qualified) of the right of franchise, and, in fact, of all the rights of American citizens, debarring us of-the free exercise of our Mr. SPRINGER. Let us have the regular order. holy religion, which is dearer to us than life itself; and would be contrary to the Mr. LACEY. I ask unanimous consent at this time to present in spiiitof the glodons Constitution of our country, which we have ever been taught this same connection some resolutions which were passed by a large to revere as an inspiration from .Almighty God ; for we have been taught, and con­ meeting of citizens of Union City, Michigan, and vicinity, in refer­ scientiously believe, that plural marriage is as much a part of our religion as are faith, repentance, and baptism; :md ence to the subject of polygamy, which I ask may be printed in the Wherea-s in our opinion the cause of the introduction of such bills has been the RECORD and referred to the Committee on the Judiciary. false representations of evil-disposed persons, who assert we are low, ignorant, The SPEAKER. The Chair will cause to be read the title of the degraded, and disloyal; and, feeling assured tha~ had your honorable body been resolutions, after which he will ask for objections to printing them truthfully advised in regard to the people of this ·.1:enitory, such bills would never have obtained a hearing in the Congress of this mighty nation: in the RECORD. Now, therefore, we, the young ladies of Utah Territory, do most solemnly and The Clerk read as follows : truthfully declare that neither we nor our mothers are held in bondage, but that Resolutions in reference to Polygamyin the Territories, passed by a ma-ss-meet­ we enjoy the greatest possible freedom, socially and reljgiously; that our homes of Union City and vicinity, and for the passage of the are happy ones, and we are neither low nor de~ITaded; for the prmciples of purity, ~s:!ntt.: ~llt~ens aakin~ virtue, mtegrity, and loyalty to the Government of the United States have been instilled into our minds and"hearts since our earliest childhood. There olutions were referred to the Committee on the Judiciary. According to what we read and can learn from other sources, in no place in the The SPEAKER. Is there objection to the printing of the resolu­ world is female chastity and virtue guarded with more jealous care than by our -tions in the RECORD ' people ; for we have been taught and do understand that this is our greatest ooon, far above jewels or weaJth and more precious than life itself; and we therefore Mr. ATHERTON. I object. most respectfully memorialize your honorable body to suspend further action on all 1\lr. CONVERSE. I would suggest to gentlemen on the other side bills relating to Utah, and send a commission of honorable, intelligent, and unpreJu­ that unanimous consent be given that the resolutions presented by diced men and women to inquire into and learn the true state of affairs in this the gentleman from Michigan [Mr. LACEY] and the memorials pre­ Territory. .sented by the Chair be all printed in the RJ.CCORD. .And a-s in duty bound your memorialists will ever pray. 1\lr. CALKINS. I think they should all be printed in the RECORD. 'l'he SPEAKER. The Chair will again ask unanimous consent that To the honorable the Senate and HOU8e of Representatives in Oongress assembled. Your petitioners, the young men of the Territory of Utah, respectfully repre­ the headings of the several mem@rials: and also the resolutions p:r;e­ sent: That our present interests and future prospects in life are dependent upon sented by the gentleman from Michigan, be printed in the RECORD. the undisturbed peace and prosperity of our Territory. 1\lr. VAN VOORHIS. I object. That we are the sons of parents wnonave braved the dangers and overcome the Mr. TOWNSHEND, of Illinois. I hope the gentleman from New difficulties incident to pioneerins and settling a new, sterile, and forbidding conn­ try; who have made human habttation in the valleys of the great Rocky Mountain York will withdraw his objection. The right ofpetition should be b:i.sin a possibility; who have labored with untiring industry under many hard­ .recognized. ships to create homes for their families, in which wellave been nurtured and cared Mr. V .AN VOORHIS. I do not know any rea-son why the Mormons for; who have denied themselves many comforts to educate and train their chil· :ahould have more privileges than other people. I do not see why dren in useful arts and industries ; who have ever thrown around our paths in life the benign influences of home-there are no homele s children in Utah-of religion, they should have a preference in this House over everybody else. ofindnstry, of honor, of patriotism, and the broadest and kindest expressions of' If my constituents petition this House their petitions go to thepeti­ humanity; who have shielded us from t.he groveling forms of vice that tempt and tion-box, but when the Mormons send petitions the chairman of 'the allure to destruction the unprotected and disowned, who, without name or home, Committee on Elections asks that they be printed in the RECORD. lie in the streets of the great cities and upon the highway:s of the outside world, a reproach to civilization :m.d mankind. ' The SPEAKER. The Chair desires to state, in correction of the Under the protection, wise le~slation, and humane administration of our fathers, _gentleman from New York, [Mr. VAN VooRHIS,] that there have been our Territory enjoys the blessmgs of yeace and abundance, and we have been a large number of memorials and petitions presented during this ses­ started upon the hi~h-road of yrospenty and success with bodies untainted by sion of Congress against polygamy which have been printed in the disease, with hearts m whichfatth and thecousciousness of divine approval dwells, with minds open to conviction of truth and untrammeled by dogmas or supersti­ RECORD by unanimous consent. tions that clog progressive thought and fill the soul with fear. We love and honor Mr. HAZELTON. Let these be printed too. our parents, who have thus provided in our childhood for our welfare in active Mr. CALKINS. I will say in reply to my excitable friend from life. . Now, therefore, in duty to them and ourselves, having the continued peace and ~ew York, that the only way of knowing what these petitions con­ prosperity of our Territory at heart and valuing liberty and the right-s of conscience -tain is by reading them when they are printed in the RECORD, and above life, we, the yonn~ men of Utah, earnestly remonstrate against the calum­ -this House having this subject under consideration ought to be in- nies and misrepresentations of unprincipled men, who would have the world be­ formed1 and the gentleman from New York ought to be informed lieve that we are cnrta.iled in the enjoyment of .American freedom and fettered in chains forged by priestly fanatics. -what these people have to say upon this question. We deny that undue influence is exercised by any authority over our thoughts Mr. CASSIDY. Those people have no representative here. While or actions. I am opposed to Mormonism and will vote ·against it whenever I We deny that duty to our religion and to our country leads us in opposite direc­ ·n.ave an opportunity, I am in favor of giving those people a hearing. tions, or that it can possibly do so while the charter of .American liberty remains the supreme law. The SPEAKER. Does the gentleman from New York withdraw We deny that the religious institution of plural marriage, as practiced by our ~ his objection f parents, and to which many of us owe our existence, debases, pollutes, or in any Mr. VAN VOORHIS. I do not. way degrades those who enter into it. On the contrary we solemnly affirm, :mel Some time subsequently, chlillenge successful contradiction, that plural marriage is a sacred religions ordi­ nance and that its practice has given to thou ands honorable names and peaceful Mr. LORD said: I desire that the House shall once more be afforded homes, where Christian precepts and virtuous yractices have been uniformly incul­ .an opportunity of giving unanimous consent to print in the RECORD cated and the spirit o:( human liberty and relig1ons freedom fostere(l from the cradle the headings of those petitions from Utah. to maturity. The SPEAKER. The Chair will state t1;te gentleman from New In consideration ~f these facts, and in the name of justice, we hereby solemnly memorialize your honorable body to refrain from enacting laws that reflect upon 'York [Mr. VAN VooRHis] insisted on his objection. Does the gen­ the marital relations of our parent5, and that, however specific the provisions to tleman from New York withdraw his objection to printing in the the contrary, stigmatize us in the opinion of the world; to refrain from enacting RECORD the memorials from Utah, and also the resolutions presented laws that will enslave a large proportion of the citizens of our Territory, that will gall and fret the spirit of liberty which we inherit and are bound to entertain, "by the gentleman from Michigan, [Mr. LACEY 'J and that will take from us, for no offense, the privileges and blessings of loc..1l free Mr. VAN VOORHIS. I withdraw my objection. government, so necessary to the happiness and well-being of an American com­ The SPEAKER. The gentleman from New York withdraws his munity. -objection. TheChairwillagain submit the question: Is there objec­ We ask yon to secure to us the rights, the liberties, and the. blessings of freemen, and to pause before foisting upon us an nnrepublican governmeht, placing stran~ers, tion to printing the resolutions and memorials in the RECORDf by appointment, to rule over us, and sacrificing the mterests, thl) feelings, the nap. There was no obiection. pmess, and freedom of the great majority of the citizens of our Territory t-o the '!'he resolutions presented by Mr. LACEY are as follows : greed and cupidity of a reckless minority. Resolutions passed in Union City, Michigan. February 26, 1882. .And your petitioners, a-s in duty bound, will ever pray, The citizens of Union City and the snrroundin~ district, in mass-meeting as­ ' sembled.J. hereby sincerely protest !Paainst the further continuance of the present To the honorable the Senate and HOU8e of Representatives in Oongresa assembled: -status ot Mormonism, so far a.s the .l!·ederal power bas a right to control that status. We the women of Utah, view with deepest regret the bills that have been pre­ 'That the Federal Colliltitution and laws should be enforced as impartially and sented in Congress during the presep.t session, asking for special legislation for our Xlll-113 1794 CONGRESSIONAL RECORD- HOUSE. MARcH 10:

Tf'p:itory; which if carried into effoot, will destroy the tJeace, tranqUillity, and is proposed-and before a similar error is committed to that of a former adm.inistra. p•·o•perity which have heretoforecharacterizedourdearlyloved homes. We were tion, which, listening to the voice of calumny, first sent an army to Utah to punish dri"len to these mountain vales by the cruel hand of persecution, while, on our offenses, and afterward sent commissioners to ascertain whether or not such junrnev as outcasts and exiles, our sons, nusbands, and fathers were called upon offenses had been committed, that a oommission of honorable and upright men be by the~ nation to battle for American rule in this c.ountry, then a portion of MeXIco, sent to Utah t,() make a careful investigation of affairs here, confident that in the a111l after struggling through privation and hardship such as men, women, and issue .justice will prevail, and as confident that our maligners will oppose this, as children have seldom endured, your petitioners, many of them descendants of the they have opposed all other fair measures. Pil:..rrims of New En~land, with their fathers, husbands, brothers, and sons, found And your petitioners, as in duty bound, will ever pray. a barren desert, inhaoited only by savage Indians ancl wild beasts; here we have labored with the courage and endurance born only of religious faith, in helping to MISSISSIPPI IUVER FLOODS. establish homes for ourselve•nd our children, and have made it easy for those coming at a later periocl, who found these valleys blooming with beauty a.nd teem· Mr. HISCOCK, by unanimous consent, from the Committee on Ap­ ing with plenty, to enjoy all the blessings which pertain to life and happiness. propriations, reported a joint resolution (H. R. No. 161) making an. And we most respootfnlly represent to your honorable body that the bills afore­ appropriation to enable the Light-House Board to meet the extraor~ saicl, now pending in the Congress of the United States, are further calculated to destroy our birthright of liberty, the glorious heritage bequeathed by our noble dinary expenses consequent upon the flood in the Mississippi River; ancestors, which was rea-d a first and second time. And furthermore, we are well aware that the present excitement in the nation Mr. HISCOCK. I ask the present consideration of the joint reso­ is the resnlt of ignorance and misrepresentation, and that the aim of our enemies lution. is to rob us of our hard-earned homes and to plunder the public Treasury. ·These schemes have been concocted by sectarian priests and political demagogues, and The SPEAKER. Is there objection to the present consideration of by women who are the tools of wicked and designing men, both men and women the joint resolution Y unscrupnl~us in their enmity and mendacious in their statements, although they There was no objection; and the joint resolution was read, as fol­ have homes and houses of worship in Utah Territory, comprising nearly all reli· lows: gious denominations, and are protooted in all their rights as citizens and as reli· gious worshipers, without the least intrusion or molestation, and who, instead of Resol'Ved, cf:c., That the sum of $10,000 be, and the same is hereby, appropriated, reforming tho morals of the community as they perfidiously pretend, have assisted out of any money in the Treasury not otherwise appropriated, to enable the Light­ in introducing and sustaining in our miast the most demoralizmg institutions known House Board to pay the extraordinary expenses consequent upon the ftood in the in the world. Mississippi River, said sum to be immediately available. Aml moreover we, your petitioners, hereby testify that we are happy in our homes and satisfied with our maniage relations and desrre no change. We are not the M:r. HISCOCK: I send to the Clerk's desk a communication on " oppressed and downtrodden women" we are represented to be, but enjoy more this subject from the Light-House Board, which I ask the Clerk to rights and freedom than women elsewhere in the nation, anrl we do know tbat our read. institutions are of such a nature as tends to purity of morals and elevation of char­ acter. And we most solemnly aver, before God and man, that our marital relations The Clerk read as follows: are most sacred, that they are divine, enjoining obligations and ties that pertain to TREASURY DEP.ARTME....,T , time and reach into eternity. Were it not for the sacred· and religious character OFFICE OF THE LIGHT-HOUSE BOARD, Washingron, March 8, 1882. of the im~titution of plural marriage we shonld never have entered upon the pra.c­ tice of a principle which is contrary to our early teachings, and in consequence of Sm: The Light-House Board has the honor to statethatthefifteenthlight-house which our names are cast ont as evil by the Christian world. distric$ extends on the Mississippi River from the head of navigation to New Therefore we most respectfully app6al to your honorable body to forbear hasty Orleans, and on the Missouri River from the head of navigation to it.s mouth, a ~nd reckless action in regard to so important a matter as the political disorganiza­ distance of over 2,500 miles, and embraces all the aids to navigation within these tion of the most prosperous and flourishing Territory of which the nation canooast; limit~ the number of lights maintained, including nine on the Red River, being and, before proceeding •.o radical changes, to do yourselves the justice to investi­ over nve hundred. • ., gate, by a coiD.IDj.ssion of honest and intelligent men and women, the true condition During the periodical inundations of the Mississippi River all bank landmarks of the "Mormon" people of Utah Territory. disappear, when the lights, which are constantly mamtained, prove of incalcula­ And your petitioners, as in duty botmd, will ever pray. ble value to those engaged in the navigation of the river, this being the testi­ mony of all steamboat men. The ~.e~arity with which the lights are exhibited is due in a great measure to To the honomble the Se-nate and HOWJe of Representatives the faitllllllDess of the men employed in C.'tring for them. During the fioods, many of the United States in Oonf}'ress assembled : of them who have lost everything are compelled to live in boats and on rafts sur­ rounded by water, but not\vithstanding this they have maintained their liuhts with Whereas it is the undisputed righ~ of e-very person enjoying the blessings of a the most satisfactory punctuality, and steamers have thus been enable'a to pur· free government. and Jivin~ under the protection of the American flag to petition sue their course by night as well as by day. • the Government which eXISts by the will of the people; and The average compensation paid these keepers is le.~s than $10 a. month, a. sum Whereas we, as citizens of the Territory of Utah, have been bitterly maligned which is not considered to be a. just equivalent for the services performed by them by those whose reputations are such as will not bear inspection; and by others in t.he present emergency. who, igrio-.a.nt of the facts relative to Utah, have been fired to clamor for unreason­ When the present flood subsides it will be nooessary for the officer in charge of able and unconstitutional me:lSures against our peace and liberty, to deprive us of the district to make an extra inspection trip to rearrange the lights to meet the new tbe rights we now enjoy under the benign influences of the Constitution; and conditions of the currents of the river, and to re-establish stations that have been Whereas1 in response to this unhallowed demand, Congress is now pressina speciallegu>lation against the inhabitants of thi~ Territory; legislation whicfi. t.!1e~ a:~yia~~~~g, in addition to other expenses, the cost of running the steam would paralyze the ~eneral business of th~ Territory; legislation which already is Recommendation is therefore respectfnlly made that Congress be asked to pass showing its effect m decreasing the value of real estate; which drives capital an act, to take immediate effect, appropriating the sum of $10,000 to enable the board away; which will ruin the mining, industrial, and manufacturing interests of the to meet these extraordinary expenses. entire Territory, and must nltimately result in financial wreck to all classes of Very respectfully, citizens: . JOHN RODGERS. Therefore, we, as citizens of the United States, loyal to the flag for whose Rear-Admiral, United States NamJ, Ohairm,an. purity and justice our fathers fought and suffered, do ask that Congress pause bofore adopting measures which must result in !luch serious injury to one of the The honorable THE SECRETARY OF THE TREASURY. most thriving sections of the Union, and bring lasting disgrace upon a. great and mighty nation. "';Ve do deny each and all of the charges made against us as a The joint resolution was ordered to be engrossed and read a third people. That we are not law-abidin ... is untrue; that we are the enemies of good time; and being engrossed, it was accordingly read the third time, government is a delibera.te faL<>ehoo~; that we are striving to gain ascendancy and passed. and dominion at the expense of our country's sa.cred Constlitution is a charge Mr. IDSCOCK moved to reconsider the vote by which the joint without the shadpw of truth. The facts are that the present prosperity of the Territory is without a parallel resolution waspassed;t~and also moved that the motion to reconsider in all the years of its existence; that there has never been a period ofbettoc order be laid on the table. or of better government; that while our popnlation and industries and wealth are The latter motion was agreed to. of remarkab1y rapid growth, crime and the vices which commonly follow in the wake of so-cailed civilization are tardy and come only when forced upon us by that ORDER OF BUSINESS.

am on~ the Monnons rests solely upon their reli­ take long to call over the committees. gious c-Onvictions. It is unsupported oy any Territorial legislative enactment, The motion of Mr. TAYLOR was not agreed to. and its practics.already eA-poses them to the penalties of Congressional law. And it is better to leave it to the legitimate operations of that law and the moral influ. WILLIAM 8. HANSELL. ~noes at work than to attempt to extirpate it by radical, oppressi"le, or revolution­ ary measures. Mr. SPOONER, from the Committee on Military Affairs, reported We wonld most respectfully represent to your honorable body that we cannot back with a favorable recommendation the bill(H. R. No. 1402) for but consider it unjust for us to be fraudulently robbed of our franchise by a gov­ the relief of William S. Hansell & Sons ; which was referred to the ernor1 the appointee of the Government of the United States, and then, without our nghtful representation, while illegaJiy and unconstitutionally disfranchised, Committee of the Whole on the Pri.vat.e Calendar, and the a-ccom­ for special legislation to be enacted agamflllt us, based on fnlsehood ; and we do most panying report ordered to be printed. solemnly :protest ¥.ainst such action as being at variance with the spirit and genius of republican institutions, cqntrary to the provisions made in the organic act for WILLIAM W. WEBB. this Territory, and in violation of the principles of human liberty and the Consti· tution of the United States. Mr. SPOONER also, from the same co~ttee, reported back with Therefore your petitioners, by their conceded right, do petition and demand of amendments the bill (H. R. No. 1183) ·for the relief of William W. Congress, bet'ore any fut-ther action of a hasty character shall be taken--suc.h as Webb; which was referred to the Committee of the Whole on tho- 1882.· CONGRESSIONAL RECORD-HOUSE. 1795

Private Calendar, and, with the accompanying report, ordered to be a substitute for House bill No. 2096, a bill (H. R. No. 5020) granting pTinted. a pension to Samuel Pollock; which was read a first and second MARTHA A. WILLIAM:SON. time, referred to the Committee of the Whole on the Private Calen­ dar, and, with the accompanying report, ordered to be printed. Mr. 1\.IATSON, from the Committee on Invalid Pensions, reported back with a favorable re•ommendation the bill (H. R. No. 967) grant­ D. D. EDWARDS. ing a pension to Martha A. William~on; which was referred to the 1Hr. DAWES also, from the same committee, reported back with a Committee of the Whole on the Pnvate Calendar, and the accom­ favorable recommendation the bill (H. R. No. 1291) granting a pen­ panying report ordered to be printed. sion to D. D. Edwards; which was referred to the Committee of the WILLIAM: H. HILL. Whole on the Private Calendar, and the accompanying report or- Mr. MATSON also, from the same committee, reported b!l.ck with dered to be printed. a favorable recommendation the bill (H. R. No.1390) for the relief of ALEXANDER w. ROWELL. William H. Hill; which was referred to the Committee of'the Whole Mr. DAWES also, from the same committee, reported ba~k adversely on the Private Calendar, and the accompanying report ordered to be the bill (H. R. No. 634) granting a pension toAlexanderW. Rowell; printed. which was laid on the table, and the accompanying report ordered JAMES HAWTHORNE. to be printed. Mr. MATSON also, from the same committee, reported back with MATHIAS FOSHER. a favorable recommendation the bill (H. R. No. 2872) to increase the Mr. WEBBER, from the Committee on Pensions, reported back pension of James Hawthorne; which was referred to the Committee adversely the· bill (H. R. No. 261) granting a pension to Mathias of the Whole on the Private Calendar, and the a~companying report Fosher; whieh was laid on the table, and the accompanying report ordered to be printed. ordered to be printed. SARAH LEWIS. ANDREW KENNER. Mr. JOYCE, from the Committee on Invalid Pensions, reported back Mr. WEBBER also, from the same committee, reported back ad- with amendments the bill (H. R. No. 4406) ~anting a pension to Sarah versely the bill (H. R. No. 951) granting a pension to Andrew Ken­ Lewis; which was referred to the Committee of the Whole on the ner; which was laid on the table, and the accompanying report Private Calendar, and, with accompanying report, ordered to be ordered to be printed. printed. ANSON SMITH. MARY A. CONKEN. Mr. HEWITT, of Alabama, from the Committee on Pensions, re- 1\!r. PETTIBONE, from the Committee on Invalid Pensions, re- ported back the bill (H. R. No. 1224) to grant a pension to Anson ported back wif?. a favorable recommendation the bill (H. R. No. Smith; which was referred to the Committee of the Whole House 1581) granting '11. pension to Mary A. Conken; which was referred on the Private Calendar, and the accompanying report ordered to be to the Committee of the Whole on the Private Calendar, and the printed. accompanying report ordered to be printed. LEMUEL ADAMS. WILLIAM H. STYLES. Mr. STEELE. I am directed by the Committee on Pensions to Mr. RAY, from the Committee on Invalid Pensions, reported back report back House bills Nos. 85 and 1162, granting a pension to Lam­ with a. favorable recommendation the bill (H. R. No. 4546) granting uel Adams, with a recommendation that they be referred to the Com­ a pension to William H. Styles; which was referred to the Com- missioner of Pensions. mittee of the Whole on the Private Calendar, and the accompanying The SPEAKER. The House has no power to refer tl..e cases to the report ordered to be printed. Commissioner of Pensions. Mr. STEELE. There is a report accompanying the bills. MORTON STANCLIFF. The SPEAKER. Does the committee report adversely Y MI·. CABELL, from the Committee on Invalid Pensions, reported Mr. STEELE. Yes, sir. back with a favorable recommendation the bill (H. R. No. 2442) The SPEAKER. The billswilll;>elaidon the table, and the accom- O'ranting a pension to Morton Stancliff; which was referred to the panying reports ordered to be printed. Committee ofthe Whole on the Private Calendar, and the accom- NOBLE N. BETTS AND OTHERS. p:mying report ordered to be printed. Mr. HILL, from the Committee on Claims, reported back the bill El\IMA JOHNSO:N. (H. R. No. 2631) for the relief of Noble N. Betts, Eleazer T. Fox, and 1\lr. CABELL also, from the same committee, reported back with Charles M. Manville, sureties of Stephen W. Alvord; which was a favorable recommendation the bill (H. R. No. 2445) granting a referred to the Committee of the Whole House on the Private Calen­ pension to Emma Johnson; which was referred to the Committee of dar, and the accompanying report ordered to be prihted. the Whole on the Private Calendar, and the accompanying report JOHN c. HEHh"'DON. ordered to be printed. N. J. LOWTHIAM. Mr. RANNEY, from the Committee on Claims, reported back the bill (H. R. No. 506) for the benefit of John C. Hernoon; which was Mr. CABELL. I am instructed bythe Committee on InvalidPen- referred to the Committee of the Whole House on the Private Cal­ siena to report. back House bill No. 2444 granting a pension toN. J. endar, and the accompaning report ordere~ to be printed. Lowthiam, and to move that the committee1 be discharged from its further consideration, and that the bill be laid upon the table. PETER SPRINGSTEEN. The SPEAKER. Is it an adverse report f Mr. RANNEY also, from the same committee, reported ba£k ad- Mr. CABELL. It is not an adverse report; but since the bill was versely the bill (H. R. No. 2516) for the relief of Peter Springsteen; introduced the party has obtained a pension at the Pension Office. which was laid on the table, and the accompanying report ordered The motion of Mr. CABELL was agreed to. to be printed. JAMES H. THEW. PRISCILLA. W. BURWELL. Mr. CABELL also, from the same committee, reported back the Mr. RANNEY also, from the· same committee, reported ba~k ad- bill (H.R'. No.2436)grantingapension to James H. Thew; and moved versely the bill (H. R. No. 2683)forthereliefofMrs. Priscilla W. Bur­ that the committee be discharged from its further consideration, and well, executrix; which was ]aid on the table, and the accompanying that the same be laid on the table. report ordered to be.printed. The motion was a.greed to. MARTHA A. LACHMAN.

MINNIE HARMON. Mr. RANNEY also, from the same committee, reported back ad- Mr. RICE, of Ohio, from the Committee on Invalid Pensions, re- 1 th bill (H R N 4393) f, th li f f M rth A L hm ported back with a favorable recommendation the bill (H. R. No. verse Y e · · 0 • or ere e 0 a a · ac an; 3404) granting a pension to Minnie Harmon; which was referred to ~h{,c: .;:t;~~d on the table, and the accompanying report ordered the Committee of the Whole on the Private Calendar, and the accom- THOMAS B. wALLACE. panying report ordered to be printed. Mr. GEDDES, from the Committee on War Claims, repocted back CATHERINE GREYBIG. adversely the bill (H. R. No. 960) for the relief of Thomas B. Wa?- Mr. RICE, of Ohio, also, from the same committee, reported back lace; :which was laid on the table, and the accompanying report with a favorable recommendation the bill (H. R. No. 1330) granting · ordered to be printed. a pension to Catherine Greybig; which was referred to the Commit- J. F. KI:NNEY. tee ()f the Whole on the Private Calendar, and the accompanying edt b · ted Mr. GEDDES also, from the same committ~, reported back ad- report ord er 0 e pnn · versely the bill (H. R. No. 496) for the relief of J. F. Kinney; whieh SAMUEL POLLOCK. was laid on the table, and the accompanying report ordered to be Mr.DAWES, from the Committee on Invalid Pensions, reported, as printed. 1796 CONGRESSIONAL RECORD-HOUSE. MARCH 10,

OLIVER H. GREENFIELD. bill in question and hundreds of others received from that office during the con­ struction of a large number of vessels which were built under his gener:l.l supertn. Mr. UPDEGRAFF, of Iowa, from the same committee, reported tendence. back with amendments the bill (H. R. No. 3339) for the relief of Oliver H. Greenfield ; which was referred to the Committee of the There isnota word of conflict between this and the Court of Claims Whole House on the Private Calendar, and the accompanying report or the Supreme Court. The Supreme Court decision in 95 United ordered to be printed. States Reports, 61, already quoted, held, first, that the power of attorney was ample to authorize Gilman, Son & Co. to receipt in full, REPRESE~TATIVES OF STERLING T. AUSTIN. and that when they receipted for the 26,653.17 balance "in full of the Mr. UPDEGRAFF, of Iowa, also, from the same committee, re­ wit.hin bill" they bound McCord, the contractor and their principal. ported back with amendments the bill (H. R. No. 2706) for the relief But that court said further: of the representatives of Sterling T. Austin, deceased, late of Louis­ But if we could be mistaken in this, the reasonable pre umption is that Gilman, iana; which was referred to the Committee of the Whole House on Son & Co. had nothing to do with obtaining this voucher from the Navy Depart;. the Private Calendar, and the accompanying report ordered to be ment, but th,at it was obtained by McCord himself and forwarded by him to Gil­ man, Son & Co. for collection of the paymaster at New York. This is quite con­ printed. sistent with the fact that they were mere bankers. It is certainly fair to suppose ELIZABETH l\1. PATTERSON. that McCord presented his own statement of the account to the Navy officers, and the final approval of the Chief of the Bureau of Construction, at Washington, is Mr. HOLMAN, from the same committee, reported back adversely dated April 26, 1866. The P.ayment, as indorsed on that same voucher\. "i?Y theJ?ay­ the petition of Elizabeth M. Patterson, a citizen of Hart County, master at New York to Gilman, Son & Co., is dated May 11, 1866, wnicb is JUSt Kent11cky, asking 8,045 as compensation for property taken and used about a reasonable time for the voucher to have been received from Washington by McCord at Saint Louis, and by him forwarded to Gilman, Son & Co. at New by the United States Army during the late rebellion; which wa-s laid York for collection. If thls be the true history of the voucher, McCord is bound on the table, and the accompanying report ordered to be printed. by his own actions, for the voucher while in his hands had in its face the clearest statement that the sum therein allowed was "the full and finalJ?ayment on all ex­ MATHIAS PABST. tra-s, and in full for all claims and demands for that work," and if he forwarded it Mr. in this shape to his bankers to get the money on it, without protest, be must be SMITH, of New York, from the Committee on the District of bound by that statement in the voucher. Columbia, reported back adversely the bill (H. R. No. 3778) for the relief of Mathias Pabst; whic:q was laid on the table, and the accom­ The voucher and receipt bear no other construction. Here they panying report ordered to be printed. are: The call of committees was continued and concluded, no further Etlah.-Payment on account of extras. reports being presented. NEW YORK, April 24, 1866. United States Navy Department, to Charles W. McCord, Dr. LEAVE OF ABSE~CE. · [Appropriation, ''Construction and Repair."] Mr. HEWITT, of New York, by unanimous consent, obtruned leave For work done to the light-draft moniU>r Etlah, which is extra to the of absence for two days. contract dated June 24, 1863, being the full and final payment on all extras, and in full for all claims and demands for that work...... $31, 114 00 CHARLES P. CHOUTEAU. Less amount paid E. W. Barstow & Son, as per order...... $605 65 Outfits and equipments called for by the contract, but not Mr. TAYLOR. I move that the Houseresolveitselfinto the Com­ furnished...... 3, 852 18 mittee of the Whole House on the Private Calendar. 4, 457 83 The motion was agreed to; and the House accordingly resolved itself into the Committee of the Whole House on the Private Calendar, 26,653 17 Mr. DAVIS, of Illinois, in the chair. I certify that the materials and labor which are extra to the contract da.ted Jpne 24, 1863, put upon the vessel Etlah, built b'f Charles W. McCord, amount in value The CHAIRMAN. The committee resumes the consideration of the to $116,111, (certifica.tes having been preV1ously given for $85,000,) and they are bill (H. R. No. 911) for the relief of Charles P. Chouteau, on which according to directions which liave been given from time to time. the gentleman from Georgia [Mr. liAMMOND] is entitled to the floor, ROBERT DANBY, General Impl'ctor Steam·Machineryfor the NamJ. and has twenty-five minut-es of his hour remaining. Approved: Mr. HAMMOND, of Georgia. Mr. Chairman, not believing that F. H. GREGORY, this bill would be reached on Friday, the 2d instant I was not then .Rear·Admiral, Superintending. prepared to speak of it accurately. The amount rnvolved1 in this NAVY DBPARTMEN'T. BUREAU "CONBTRUOTION," &c., bill, near 200,000, other like bills pendin~ here, and the millions $26,653.17] April 26, 1866. involved in the principles connected with 1t, justify a restatement Approved in triplicate for $26,653.17, payable by the paymaster at New York. of the facts. JOHN LENTH.ALL, The committee will take notice that the House report on this bill, Ohiej of Bureau. (Report No. 79,) made on the 26th of January, 1882, states that Sen­ ator HOAR reported on a bill for the same object on the 11th of Jan­ PAYMASTER'S OFFICE, UNITED STATES NAVY, uary, 1882, and adopts that Senate report, copying its four pages and 29 Broadway, New York, May 11, 1866. adding nothing thereto. That Senate report was a copy of another R-eceived of J. C. Eldredge, paymaster, $26,653.17, in full of the within bill, and have signed duplicate receipts. Senate report made by the same Senator on the 22d of December, $26,653.17] GILMAN, SON & CO., AtU>meys, 1880, (Senate Report 731,) and that Senate report was a copy of House Per CHARLES W. McCORD. Report No. 1434, made on the 12th of May, 1880, by Mr. Barber; and Mr. Barber's report stands upon these grounds: In the report mentioned lli. B~ber said of the letter quoted above: First, that the final receipt was unknown to petitioners ''before The fore)!oing letter was furnished to your committee in response to an inquiry the day of the trial, (in Court of Claims,) and that they had no oppor­ concerning the practice of the Department in regard to the preparation of the vouchers and calling for any su.,.gestions throwing li~ht upon the_preparation of tunity to rebut or explain it." The record of the cause, which I read the voucher in question. It is tl;us seen that it is posSible that McCord never saw la-st Friday, shows that that was-not true; that counsel were notified this voucher prior to its payment. of the receipt before the trial, that theywere offered time and would not try to explain. The cause was argued on the 30th of October, No question was asked except how the vouchers were prepared. 1873, and the amended pleadings and decision were on the 15th and Nobody had doubt about that. The question ought to have been 16th of December, 1873. And during all this time no effort wa-s made whether McCord had seen this one, and without allusion to that to show anything in explanation. question the report. said : The second ground for the report is that the Court of Claims and It is thus seen that it is possible that McCord never saw this voucher prior to the Supreme Court both erred, because as the Barber report says, its payment. (and the others copy:) And strengthened by that possibility the report added : Both courts proceed seemingly upon the theory that McCord participated in or In fa~t, from the circumstances of the case and the situation of the parties, your assented to the preparation of the vouch!!r~ and that his rights were therefore committee is of the opinion that it is altogether probable that such was the fu.ct. necesarily concluded by the receipt execurea. by his attorneys in fa{}t. Your committee is unable to concur in this interpretation of the transaction. No attention was called to the fact that the voucher was in favor We are satisfied from our investigations that the preparation of the voucher was of Charles W. McCord, dated 24th April, 1866, made in "triplicate" purely the act of the Government. "for work done to the light-draft monitor Eltah, which is extra And this conclusion is based upon the letter of :Mr. Easby, Chief to the contract dated 24th June, 1863, being the full and final paJ­ of the Bureau of Construction, dated the lOth of April, 1880. It ment on all extras and in full for all claims and demands for that does not appear that he had anything to do with th.is business or work, $31,114." No attention was called to the credits, "less amount knows anything about it except what he infers from inspecting the paid E. W. Barstow &Son, as per order, $605.05 ;"nor to'' outfits and p~e1·s. Some portion of his letter seems to have been omitted, but equipments called for by the contract, but not furnished, 3,852.18/' I suppose it was irrelevant. The part of it published is this, namely : leaving the balance for which Gilman, Son & Co. receipted, as "rn full within This bill came to the bureau in regular course, duly approved by the general of the bill," on the 11th of May, 1866. And Senator HoAR, inspector and by Rear·Admiral Gregory, who had the general superintendence and in 1880, copied all this and added nothing thereto, repeated the work control of all classes of gunboats, e.nd whose duty it was to make out, approve, and in 1882, and a few days after it was repeated here. "Only this and forward all bills connected with their construction to this bureau for its approval nothing more." and :final payment by the respective paymasters. The ori~al and duplicate of this bill .are in the Treasury Department and are duly recerpted, &c. * * * The original contract price and the agreed prices for alterations .All such bills were made out in the office of Rear-Adriliral Gregory and forwarded are paid, McCord seems to have feared disagreement about extras i.o the Department for pproval, and there is no substantial difference between this for ~hich only verbal directions had been given. On them he had 1882. CONGRESSIONAL RECORD- HOUSE. 1797 receipted as before, on voucher of 12th April, 1865, for $'20,000 on of the maximum and minimum wages per da:y for the different classes of wbrkn1en 20th May. 1865, and for $20,000on 28th July, 1865, on voucher of 25th engaged in the construction of the Shiloh and Etlah: ' May, 1805. To quiet his apprehension, Charles Loring, chief engi­ neer and United Statesnaval inspector, wrote him on tne subject on 1863. .1864. 1865. the 22d of August, 1065, concluding thus: Whenever your claims for extra compensation are asked or acted upon you will find me ready to stand by every direction I have given. Classes of workmen. After that we find the following : GID.'ERAL lNSJ>ECTOR'S OFFICE IRON-CLAD STEAMERS, Ntw YOTk, October 19, 1865. Sm : You will please ascertain and forward t-o me a memorandum of the maxi­ "rl mum and minimum wages per day paid the different classes of workmen engao-ed 0 in the construction of tne light-draft monitors Shiloh and Etlah, the date of the ---'------1---l---1------same, and a general avera~e of how long the wag«:s run at these amounts. BL'\cksmiths .... S m~um . · $3 $4 00 $4 00 $5 00 $5 00 $5 00 $5 00 $5 00 This information is desrred for the bOard of adjudication, that they may be ad­ ~mmnnum .. 2 °50° 250 2 50 2 50 2 50 2 75 2 76 2 75 vised in relation to the same when the accounts for extra work upon these vessels 3 15 3 50 3 75 3 75 3 75 4 25 3 00 are brought before them for final settlement. Boiler-makers .. {~a=:::: ~ ~g 2 75 2 50 3 50 3 50 3 75 3 50 250 Yon will :please endeavor to obt.'\in the above information without advising the M hini. t S maximum.. 2 91 3 15 4 25 4 25 5 00 5 00 4 00 4 00 contractors m relation thereto. ac s s · · · · · ~ minimum . . 2 00 2 00 2 00 2 75 2 50 .:J 75 2 75 2 75 Very respectfolly, t Sma:ximum: . 3 25 350 4 09 4 75 5 00 '"ti 00 6 00 6 00 ROBERT DANBY, C a.rpen ers · · · · · ~ minimum.. 2 00 2 25 2 50 3 25 3 25 3 25 4 50 4 00 Gentral Inspector. S maximum .. 1 75 2 00 225 250 250 250 250 250 L ab orers ...... l minimum . . 1 25 D. G. WELLS, Esq., Local Inspector, Saint Loui$. 125 1 35 1 50 1 75 1 75 1 75 1'75

I am, very respectfolly, SAINT LOUIS, October 28, 1865. D. G. WELLS, Local InspectO'r. Sm: In reply to yours of the 19th instant I inclose the following memorandum Chief Engineer ROBERT D..UilJY, U. S. N., General Inspector, tl-c.

1863. 1864. 1865. Saint Louis. Boston rates..

Classes of workmen.

---'---'--"'-'-'-;...;....;:...,_"-'-...... ,;..;....:....:,.;_--..;.;.._....,.:-;..:....;-....;.:~..-..-----..;.o.-.;..; ______11 ------$4 00 $400 $5 00 $5 00 $5 00 $5 00 $5 00 $471 Blacksmiths ...•...•••.•••••...••••.••...... •••••.••. --- .•.••..•.. { :=::::~ gg 2 50 250 250 2 50 2 75 2 75 2 75 2 61 }$3 66 $3 50 maximum .. 2 72 3 15 350 3 75 3 75 3 75 425 300 3 68 Boil e r-mak ers .... •.•••••.••.•.•••. . •...... •..••..•••••...... { minimum .. 2 50 2 75 250 3 50 3 50 3 75 3 50 250 3 20 } 344 a 76 $3 00 5 00 . . { mmmum.. 2 91 3 15 425 4 25 5 00 4 00 4 00 4 23 4 3 26 2 00 2 00 2 75 2 50 2 75 2 75 2 75 2 50 5 3 36 00 6 00 6 00 3 50 4 00 4 75 5 00 G 00 5 04 4 12 4 00 2 25 250 3 25 3 25 325 450 4 00 3 29 } 2 00 2 25 2 50 2 50 2 50 250 2 50 2 39 1 9!J 2 00 1 87 ~::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ti~~-~ ~ 1 25 1 35 1 50 1 75 1 75 1 75 1 75 1 59 5 I F. H. GREGORY, R ear-Admiral.

These figures could be for but one purpose. They were made ex­ fact thus forced upon our atten~on. Not only is this report a copy pre sly to adjust the account, and accordingly a voucher was made of a copy as to what it contains, it is also as to what it omits. There is up on the 29th of December, 1865, stating the work and labor on in neither of them any notice of the Hazelton report aud the minority extras at $85,000, and that $75,000 had been paid. That was approved report by four of its members in the Forty-third Co ogres , nor of the by Admiral Gregory and Lenthall as usual, and the $10,000 balance unanimously adverse report of Mr. Hanna, from the Committee on "in full of above bill" paid to Gilman, Son & Co. on the 17th of Claims in the Forty-fifth Congress, both quoted from by me on last Jann ary, 1866. Friday. There is but one orginal remark in this report, to wit: Finally, on the 18th of April, 1866, :McCord wrote the Navy Bureau A similar bill to the one here reported was fa""'orably reported by the Commit­ saying that his bankers, Gilman, Son & Co., were authorized to re­ tee on Claims of both Houses of the Forty-sixth Congress, bu.t failed to pass for ceive his money and papers as usual. On the 24th of April, 1866, the want of time. final voucher copied above was made up and approved by Danby and And it cannot be known to be true. The bill was introduced on Admiral G~~!Jory, and on the 26th of April, 1866, the bureau wrote the 2d of February, 1880, and Mr. Barber's report was made on the McCord notilying him that a bill for extra work on the Etlah in full 12th of May, 1880. It may be that the bill was not reached. But for all claims and demands had been approvedfor 26,ro3.17andhad I do not believe any such bill would have passed had it been reached. been forwarded to Gilman, Son & Co., as requested, and on May 11 Certainly while many other bills further down upon tho calendars Gilman, Son & Co. gave the final receipt. From seeing this voucher were pa sed, no mention of that one was made after the report. and receipt only in print we might be led to conclude that it was a These remarks are made with no other purpose than to satisfy this printed blank filled up, and therefore not scrutinized, but both are Committee of the Whole Honse that we are not acting upon a re­ wholly in writing. port of one of our committees m::tde in the usual way, but upon that Mr. Chairman, it is far from my purpose to charge upon this Com­ of :Mr. Barber, who seems not to have thoroughly investigated the mittee on Claims or any committee which so copies reports from the subject about which he wrote. For, of course, he would not have Senate then in session any violation of rules or any improper conduct knowingly withheld information which the House should have had. by any member of the committees. This doubtless is merely to save No committee would withhold such facts. But any committee may labor and not to put the weight of the Senate in favor of bills by quot­ be imposed upon by claimants. We are practically without a report, ing reports made during the sittins Congress. But it seems, in spirit and must treat the ca-se a.s we here see the surroundings. at least, obnoxious to the rule which makes it "a breach of order in To get at the truth let us go back a moment. On the 9th of July, debate to notice what has been said on the same subject in the other 1863, Charles W. McCord contracted to build the Etlah for the United House, or the particular votes or -majority on it there; because the States at $386,000 in eight months from the 24th of June, 1863. For opinion of each House should be left to it-s own independency, not to each month's speedier delivery he was to have $-1,500 more, and for be influenced by the proceedings of the other ; and a quoting of them each month's delay he was to lose $4,500. The contract said : might beget reflections leading to a misunderstanding between the SEc. 16. It is further agreed that the parties of the second part shall have the two Houses." When committees of one House thus force the opinions pr. ivilege of making alterations and additions to the plans and specifications at any of the other upon attention by adopting their language, we must com­ time during the progress of the work as they may deem nece sary and proper; and ment thereon or be silent, and silence sometimes would be cr:intinal. if said alterations and additions shall cause extra expense to the parties o.t the first part, they will pay for the same at fair and reasonable rates; and should such Under the circumstances I may at least ask the members to ex­ changes cause less work and expense to the parties of the first part a correspond­ amine the ten minutes' debate of this bill in the Senate on tho 9th in"' reduction to be made from the contract price, and in each ca-se the cost of the of February, 1882, before determining what weight to give to the alterations to be determined when the changes are directed to be made. 1798 CONGRESSIONAL RECORD- HOUSE. MARCH 10,

After the contract was ma-de- for alterations, &c. They claimed before the board $10,184,529.50 McCord made a sub-contract for the construction of the battery, with the firm more. of McCord & Co. (a firm in the iron-foundry and machine-building business, and McCord's claim was presented there and was wholly disallowed. of which he McCord, was a member) and William A. Steel, by which sub-con­ Alexander Swift & Co. presented claims for the Catawba and Oneota, tract McCord & Co. secured a two-third interest, and Steel a one-third interest, in the oriJtina]. contract. the Klamath and Yuma, and were allowed nothing. Congress fol­ The Government ordered alterations ana extra work. .All pay­ lowed that by this, namely: ments were made to Gilman, Son & Co., bankers, under power of An act for the relief of certain Gilvemment contractors, attorney from McCord. They- received for him in eight pa.Fents the Be it enaded, &c., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Secor & Co., and Perine, Secor & Co., the sum of original pric~, $386,000, and m twelve other p~yments $203,458.~ for $115,539.01; to Harrison Loring, ,$38,513; to the Atlantic Iron Works, of Bost?n, such alterations and extras. Chouteau, Harnson & Valle furniShed Massachusetts, $4,852.58; to Aquilla Adams, the sum of $4,852.58; toM. F. Memtt, McCord iron &c., for the Etlah, and I stated on Friday last that the sum of $4,852.58; to Tomlinson, Harteepee & Co., $15,171; to Harlan and Hol­ McCord his claim th11m to secure $40,000 therefor. In lingsworth, the sum of $38,513; and to Poole and Hunt, the sum of $1!,694.81, being tran~ferred to the amount found to be due to each of the parties herein respectively named by the that I was inaccurate. McCord went into voluntary bankruptcy in Secretary of the Navy under an act of Congress entitled "An act for the relief of August 1868. That record shows that on the 6th of February, 1e68, certain contractors for the construction of vessels of war and steam machinery," McCord transferred his claim against the United States ~o Harrison, approved March 2, 1867, which shall be ill full discharge of all claims against the United States on account of the vessels upon which the ooard made the allowance, as to secure Chouteau, Harrison & Valle for $11,674.84 which he owed per their report, under the act of March 2, 1867. them· that the total claim against the United States was for $139,500, Approved July 13, 1868. (15, S. L. 379.) and McCord'IL[>art of it $93,000. And the record further shows that Mark the contrast between these figures and those of the Selfridge this claim wa~ sold by the assi~eo in bankru~tcy on the 9th of Sep­ board. These figures were those of a board finding only for lo s by tember, 1869, in Saint Louf.s, ?tlissouri, at public outcry, after adve~­ the fault of the Government, and the others of a board lookin~ for tisement to the lrighest bidder, and knocked off to Chouteau, Harri­ losses without regard to whose fault caused them, and upon tne ex son & V~lle at $'200. And the claim so conveyed is de~cribed in that parte statement of the claimants. record as a " claim against the Government of the Uruted States for It is claimed that the parties did not have a fair showing before balance due for work and labor done and material furnis~ed in build­ the Marchand board. But we need evidence before we should be­ ing gunboat monitor Etlah for the Government, amounting to about lieve so unreasonable an assertion. ninety-three thousand dollars." Note now the contract was with McCord alone, and the Govern­ So when McCord made his assignment to Chouteau, Harri on & ment has never reco(J'nized any one else as its creditor on that ac­ Valle, in 1868, to secure the balance of their debt, they acquired 0 nothing, for the Department had decided his case and paid and took count. However his contracts bound him to Steele and others, they a receipt in full; before one special tribunal of review provided he bound not the United States. who was no party to them. On the made no claim, (showing that counsel for the United States I'igbtly 9th March, 1~65, the Senate's resolution ordered an inquiry for its called this claim "an afterthought;") before another he did claim own information as to- and had an adverse finding. They had collected all of their 40,0~0 How much the vessels of wn.r n.nd steam machiliery contracted for by the Depa.rt­ mont (Navy) in the years 1862 and 1863cost the contractors o•erand above the con­ claim on McCord before his bn.nkruptcy, except 11,674.84, and per­ tract price and allowance for extra work. haps much of that was paid between the assignment on the 2d of Feb­ It will be observed that extra" cost" for any reason, though wholly ruary, 1868, and the bankruptcy in the following August. Yet these due to the fault of the contractors, was to be estimated. With no petitioners bought this claim of "about 93,000" at bankrupt sale other limit did the Selfridge board act. The forty-two contractors for 200 and joined the band for a raid upon the Trea ury. Thoy claimed 2,383,520.20, and the board found for them $2,267,627. It first tried to repeal the act of March 2, 1867, but Pre i lent Grant's appeared that this was upon the ex parte statements of the con~act­ veto of February 7, 1871, said that the law must stand, becauso- ors. Recoveries there were easy. One .of the reports from which I It prevents a. contractor from receivin~ any allow:mce for an advance in the price of labor and material when he could avOid that advance by the exercise of orclina.ry quoted last Friday mentions this as an instance, namely: Alexander prudence and diligence, and the effect of the repeal will be to relieve contractort~ Swift & Co. presented there a claim for loss in building the Catawba from the consequences of their own imprudenee and negligence. and Oneota of $114,009.94 each. It was supported by an affidavit of Thencametbeother struggleswhichidetailed last Friday. They Gustave Ricker, (who now owns that claim,) which covers less than begged to go to court, went to court and lost; and yeti not satistiorl, half a paCTe in print and nothing more, and the board allowed the they a k us to legislate for a new trial to let them exp ain a receipt exact amgunt claimed. That Selfridge board sat during the whole which was always accessible to them and subject to explan11.tion, latter half of 1t:!65, yet neither :McCord nor any one for him presented whlch they did not ask time to explain, which they made no effort any claim there. Upon like ex parte statements the Selfridge board to explain, though the report says only a littlo letter from Mr. Ea by found for every claimant about what he asked. For comparison I in the Department explained it to the Committee on Claims. mention these: What do they ask f · Their bill is in t.he Senate and House identi­ Poole & Hunt.-----··----· .. ------.. ------.... 44,015 84 cal, namely: Atlantic Works------·------·----· 20,513 73 For the relief of Charles P. Chouteau. Harrison Loring.·- ___ ... _... ---- .... ---- ...... --.. 63,745 41 Be it enacted, cl:c., That the Court of Claims be authorized to grant a. rehearing in William Perine. __ .-· .. __ ·-.·-.. --.-- .... --·· ... -·..... 52,472 81 the case of Charles P. Chouteau, survivmg partner of Chouteau, Harrison & Vaile, n.nd William A. Steele, against the United States, with jurisdiction to bear n.ntl William Perine_ .. ___ .... _... _...... - .... -...... - - -. 36, 533 44 determine the amount, if any, incurred under the contract for the constrno­ William Perine ...... ·---·· .... -----·--·-··--··.... 43,586 98 tion of the iron-clad vessel Etlan by reason of the delays occasioned in such con· Z. and F. Secor ...... ·-·-··- .. --·.----····-- .... 119,020 57 struction by the ads of the Gilvemment beyond the penod specified in the contra{}t Z. aud F. Secor_._. __ . __ ...... - .. - .. ---- .. ---.---- .... - 119,020 57 and for extras beyond what was provided therein. Ifupon such rehearin~ a receipt dated April 24, 1866, shall be given in etidence, the court may give juagment for William Perine, Z. and F. Secor- ..... --...... -- ... ----- 119, O:JO 57 such sum as shall be justly and equitably due, notwithstanding such receipt. Alexander Swift & Co., (Catawba) .. __ ...... -...... 114, 009 54 Alexander Swift & Co., ( Oneota)- ... -.... -- .. -.-.... -.. 114, 009 54 The Committee on Claims report amendments substituting "duo" for "incurred" in the first sentence, and substitutin~ "upon tho No wonder Senator SHERMAN denounced the findings and the prin­ whole evidence, including said receipt and any explann.t10n thereof,'' ciples on which they were based. No wonder that the proposition for "notWitliStanding such re~eipt." Their report does not say they of the committee was crippled in the Senate and could not travel in do that because it is right, but "in order that the House bill shall the House. The result was the act of 2d March, 1t!67. It required correspond in phraseology with the bill reported to the Senate." a board to- The first sentence of the original bill looked like going back to the Ascertain the ·additional cost which was necessarily incurred by each contractor loose legislation which President Grant vetoed. It had not on it, or in the completion of hls work, by reason of my chn.nges in the alteration in th6 :Mr. pl::l.ns and specification"' requh;ed, and debys iu ~be prose.cution o~ t~e work occa­ in it, the limitation put by Wells on his bill of 2d February, 1 0. sioned by the Government which wore not proVIded for m the ongm::tl contract; and repeated in Senator Vest's bill of February, 1880, to wit: but no allowance for any ad vance in the price of labor or material shall be consid­ But no allowance shall be made for any advance in the prices of labor or mate· ered unless such advance occurred during the prolonged time for completing the rial unle s such advance occurred during such prolonged time so rendered neces­ work 1'6Ddered necessary by the delay resulting from the action of the 0>vern· sary by the action of the Government a~ aforesaid, and then only when such ad­ ment aforesaid, and then only when such advance could not have been avOided by vance could not have been avoided by the exercise of ordinary prudence ::!~~~ ~~~a Name of vessel. as~Gl""" affair are scattered to the four quarters of the earth, and if collected 0~ p. ~~~$ 'd~~~ 1~~~ <1):;:1+"<1> $~I=Q.o l.s~§ oil 1=1< = d O'd § ... g~~ Let no disposition be had which will leave this old claim to vex §.t:1~j § ~-a15 §rn o §g~:g future Congresses, to steal in when members now acquainted with o~+> P. o 0 o= o~'d~ o=l3ob ~ .0,000=I»tD the facts may be gone ; to stand here as an obstacle in the way of ~~]tD ~~~tD honest claims against the Government, creating by its rottenness an atmosphere poisonous to them. Let it be buried to-day and forever. * * * * * Mr. Chairman, we have a great struggle here every Congress how * * * * * to get rid of this immense Calendar piled upon us. Honest men with * * * * * honest claims are forced spend their time and their money and to * * * * * to * * * * * exhaust their patience waiting to have their claims for small amounts * * * * * adjusted and paid. * * * * * This Government is thought to be unjust when it is not. This Etlah. ---··- --. --·-·-...... $1,547 52 $1,000 00 $270 00 $876 00 Government is thought to be niggardly when it is not. It is because su~h old claims as this, large enough to have lobbyists employed to Accordingly, on the lOth of November, 1864, a voucher was pre­ make artful arguments, artfnl presentation offacts and sometimes art­ pared in favor of McCord for $25,000 for work "which is extra to ful concealment of facts, rush in early and get on the Calendar, and 1800 CONGRESSIONAL RECORD- HOUSE. MARcH 10, \ thereby crowd honest onea a. way, and create such odium against them­ Mr. CLARDY. I hope discussion will not be cut o:ff in that way. selves when uncovered that makes every man suapicioua when another Mr. HAMMOND, of Georgia. IfthegentlemanfroniMissouri with­ claim is presented to his view. We never can, by all the legislation draws hiB motion, then I will withdraw mine. we can make, get rid.of the conatitutional right to petition. We The CHAIRMAN. The motion is not debatable. may send them to the Court of Claims to find facts, and we ought to Mr. HERBERT. I understand the motion that it be laid aside send all such claims there that the facts may be found. Many new with recommendation that it be recommitted to the committee is facts are presented by me here. There are many others in the pos­ withdrawn. session of other members 'Of this committee, and which will be pre­ Mr. CLARK. I have not withdrawn the mot.ion. sented if debate is prolonged on this old claim. Mr. HAMMOND, of Georgia. Then I insist upon the amendment. It might have gone through without notice and without attention. Mr. WILLITS. Let the amendment be again reported to the com- Thousands of dollars are so paid. I might say millions of dollars are mittee. - so paid. But let us determine, when such a claim is unearthed, Mr. SPRINGER. I am satisfied the Chair is in error in reference to when it is discovered that an honest committeeman has been de­ its ruling; and I raise the point of order that at thiB time, while we ceived, to put the seal of honest condemnation on it, to bury the are in general debate on the bill, the motion to amend is not in order. claim beneath the indignation of the representatives of these people The bill is not being read for amendment or consideration under the who complain that they cannot get their cases heard. Thua and five-minute rule. We can do nothing now but discuss t.he bill as thus only will we give honestly to the people that coOBtitutional long as any gentleman desires to discuss it, until the committee rises right of petition which now exists only in name. Without thiB as to close debate. long as men are encouraged to come here with such claims, and when The CHAIRMAN. The Chair rules that the motion of the gen­ cornered to withdraw them on the ground there is no adverse report, tleman from Missouri is in order. or get out otherwise, Con!.ITess can never get rid of such matter­ Mr. SPRINGER. But we have not reached a stage where debate Congress can never open the doors of justice to those who should be is out of order. If the Chair will permit me I will call hiB attention heard and should be compensated. All the vigilance of committee­ to the rule. men cannot detect the fraud. No man and no committee iB blama­ The CHAIRMAN. The gentleman from illinois will understand ble for not detecting them. Thevery multiplicity of business before that the bill has been read and amendments have been adopted to the Committee on Claims, as was told you by Mr. BOWMAN's report, the bill. The motion-of the gentleman from Missouri to lay the bill precludes the possibility of examination. aside and report to the House with certain recommendations is un­ [Here the h:unmer fell.] doubtedly in order. Ur. CLARK. :Mr. Chairman, the condition of my voice ia such I Mr. HERBERT. I move as a substitute for the motion of the gen­ am afraid I cannot make myself heard. I do not, however, desire, as tleman from Missouri that we report the bill to the House adversely, I intended the other day, to discuss the question, but shall. content with the recommendation that it be laid upon the table, and I ask to myself by submitting a few remarks in explanation of how the report be heard in support l)f the snbstittfte. was presented to the Committee on Claims1 as well as the testimony Mr. TAYLOR. I rise to a parliamentary inquiry. before that committee, and then some further remarks in support of The CHAIRMAN. The gentleman will state it. the motion I propose to submit. 1\fr. TAYLOR. Will the motion of the gentleman from Alabama Notwithstanding what has been said and intimated by the distin­ be debatable f • guished gentleman from Georgia, [Mr. IlAMMOl\'D,] the Committee Mr. HERBERT. Yes, sir i it is clearly debatable. The motion on Claims did consider this matter most carefully. They considered to report a bill adversely is

Committee of the Whole House for the consideration of the Private When the :findings of this board were made public, when the world Calendar. came to know that large amounts had been found in favor of these The motion was agreed to. contractors, then for the first time, so far as we can learn in the The House accordingly resolved itself·into the Committee of the spring of 1867~ after t~e. pu~lica~ion of ~he :findings_ of the S~lfridge 'Vhole House, (Mr. DAVIS, of lllinois, in the chair.) board, McCor

& Valle for a past consideration; not for a consideration passin

claims of this character.' That board was called the Selfrid

Fourth. Evidence: the 26th of April a letter inclqiSing that account was written to Gil­ George I. Barrett, draughtsman, testified that the ruling prices for labor in 1863- '64-'65 were from $4 to $5.50 per day, and that Mr. McCord paid him $8. man & Son in New York, the agents of McCord. That let~er re­ .Joseph Mussier testified that he paid for coppersmith-work on the Etlah from cited the heading of this account as receipted and called particular $3 to $5.25 per day. attention to the fact that t!:ie receipt was in full of all demands. On George Murray, D. Morris, and Charles Siskron testified that ship-carpenters the same day-the 26th of April, beru: in mind-anot~er l_etter, e'!-­ were paid for labor on Etlah from $2.75 to $4.50 per day . .John .J. Holliday testified that the ruling prices per day in 1863-'64-'65 were, for actly similar in every respect, was written to McCord rn Sarnt LouiS. iron-finishers, from $2.16 to $3.50; brass-finishers, $2 to $3.50; boiler-makers, $2.25 I should state about these letters that I had them copied yesterday to $4; laborers, $1.50 to $2; blacksmiths, $2.50 to $4.50; molders, $2.25 to $3.45; and intended to read them in full. I showed them to the ~entleD?-an pattern-makers, $2.30 to $3.25. from :Missouri who reported this bill and who has spoken m rebt~on William Colcord and Gaylord, Son & Co. testify that iron was sold during 1863- '64-'65 as follows: best flange, from 10i to 16 cents; common flange, 8 to 14 cents; to this claim here to-day, and he will bear me out that I am statmg best bar-iron, 6t to llt cents; commonbar-iron, 4t to 9i cents; pig-iron, (No.1,) 52 correctly their import. I have unfortunately mislaid them. to05 cents; pig-iron, (No. 2,) 45 to 80 cents. Now, if Gilman & Son, in the cityofNew York, had simply been T. U. Fleroher, governor of Missouri, states that he knows from personal collecting claims against the Government as they were se~t to them knowledge that builders of vessels of war at Saint Louis incurred great difficul­ ties ; that ilie frequent drafts gave mechanics an opportunity to charge exorbitant approved, why is it they never collected this money until the 11th wages . . of May Y Here were two weeks elapsing from the time the letter A communication from Secretary of theNavy Welles, stating that the Secretary was sent to them in New York inclosinO' the claim until the date of of War deemed it inexpedient to grant request to excuse drafte-d men at work on collection. Can it be claimed that the f;overnment had not money Etlah and Shiloh from being mustered into service until the completion of those vessels. there' The account was approved; the sub-trea-surer in New York D. Gideon Welles testifies that he is and has been local inspector at Saint Louis was there to pay; but the~ waited for two. wee~ before ~hey col­ h~;~~!t~~e~~~:~:~cillJ~u?t~~~: ~!~hewb~J:~ Jb:fnhi:!r!!!l~~~ lected it. That was suffiCient, amply sufficient, time for Gilman & labor, in consequence of frequent invasions of rebel forces and guerrilla-s, and Son to have heard from McCord, who had received a similar letter ()rders enrollin .~ men into the service; that the vessel was built regardless of ex­ on the sa.me day they received theirs; and on the 11th of May they pense, and will compare favorably with any vessel of her class. collected the money and signed the receipt in full for all demands. J. L. Tracy testifies that the naval station at Mound City advertised for 100 ship Now, these papers were not before the Court of Claims ; they were carpenters and 100 calkers, guaranteeing exemption from military and naval duty. will John B. Gray, late adjutant-general of Missouri, testifies similarly to D. G. not before the Supreme Court; yet if gentlemen read the decis­ Welles. Frank P. Blair in a communication states from his personal knowledge ion of the Supremf} Court they will see that the court, from the lapse the builders of war vessels experienced great difficulties in securing l~borers on of time alone between the 26th of April and the 11th of May, came acconnt of frequent invasions of rebels and em·ollment of males for military duty, to the conclusion that there had been in all probability a conference and that the same causes operated to increase the prices of materials. Henry F. Blow furnishes a similar communication. between McCord and Gilman & Son before the settlement of their The papers above quoted from are those presented by Charles W. McCord. claim. The additional evidence that a letter was written calling Very respectfully, your obedient servant, the attention of Gilman & Son directly to the fact that the receipt T. D. WILSON, Chief of Bureau. was in full, and then that a letter was written directly to McCord Hon. H. A. HERBERT, HQU8e of Representatives, Wa-shington. in Saint Louis, calling his attention to the fact that the account had Mr. HERBERT. I have had that letter read to show that this been sent and that it was claimed to be a payment in full, comes in claim was before the l\farchand board, that testimony wa-s permitted and makes certain that which the Supreme Court thought probable to he offered, was offered ::md was heard, and that the finding of without this evidence, namely, that McCord did know that Gilman that board is entitled to all the weight due to such a board called & Son when they received this money for him did receive it in full upon to consider a claim against the Government. · of all demands. But I found vJso some other testimony yesterday which has been It seems to me that no gentleman on this floor should wish to refer alluded to by the gentleman from Missouri, [Mr. CLARK.] It bore facts of this kind to any committee for reconsideration. We are all on the question whether or not a receipt had been given IJy Gilman competent to draw our conclusions from those facts. They are the & Son, of New York, as the agents for McCord, with the knowledge only additional facts in evidence in this case. If they aro sufficient and consent of McCord, in full for all claims for extras and every to cause the gentlemen of the Committee on Claims to change their thing else. Such a receipt had been exhibited and acted upon when opinions, and ask to be _allowed to reconsider, why not vote now and suit upon this claim was decided by the Court of Claims. here to condemn this claim Y N O'\V, the material question for this Committee of the Whole to con­ This, Mr. Chairman, is a brief history of this case. I th,ink I have sider i, did Mr. McCord know of th'l.t receipt, and was he bound given all the pertinent facts except what have been heretofore given equitably as well as legally by itT Before stating what the testi­ by the gentleman from Georgia.. One thing I ought to have stated. mony was, in order that the committee may understand its bearing I said that this claimant himself was not the original contractor; and importance, let me first state what was the suit in the Court of that the claim had been mortgaged to him to secure a debt of Claims. The suit was brought on this claim ·in the fall of 1869, and $40,000 then past due. Every lawyer on this floor knows that a was tried in October, 1813. The Court of Claims held that this re­ mortgage ~iven to s~cure a precedent dobt is_ not such a yaluab~e ceipt, which ha-s been mentioned and read by the gentleman from conside1·at1on as entitles a party to be cons1dered technically m Georgia, [Mr. HAMMOND,] given by Gilman & Son as attorneys and equity a purchaser for value. agents for McCord, was a complete bar; and that the plaintiff in The only additional claim that this petitioner has io this sum of that suit was therefore not entitled to justly recover anything. money (which bear in mind is $56,000) is that at a bankrupt sale he The Court of Claims· rested its decision solely upon the receipt. purchased this claim for the pitiful sum of $200. That is the amount The claimant took the case to the Supreme Court of the United States of ca-sh, and all the cash, the present petitioner ever paid for this on appeal, and the Supreme Court affirmed the decision of the Court claim aO'ainst the Government of $56,000. of Claims. It decided, first, that the Court of Claims was right and Recollect that this claim ha.s been before different Departments of that the receipt was a bar; and, secondly, it decided-and to this I this Government from the time it was passed upon by Admiral Greg­ desire to call the especial attention of members of this Committee of ory, in 1865 or 1866, up to the present time. During these sixteen the Whole-it decided in addition that the plaintiff in that suit was years it has been first before one admiral, then before a board con­ not entitled to recover, and this as matter of law without reference sisting of three offic('rs, then before the Court of Claims, then be­ to the receipt. fore the Supreme Court, and now when it comes here after all this A portion of that decision has been read by the ~entleman from length of time evidence is found right here in the Departments at Georgia, [Mr. HAMMoND.] But I desire to emphas1ze it by calling Washington which shows conclusively that this man McCord six­ attention to the fact that the court held that when this contractor, teen years ago received the money knowingly in full payment of McCord, made his contract with the Government, he, like every other the claim which he is now setting up. contractor, took upon himself the risk that materials and labor might Mr. Chairman, I have no disposition in the world to animadvert rise in value while the contract was being carried out. Just as, on upon the conduct of the committee in this case. I know most of the the other hand, he would have claimed and had the right to claim gentlemen composing the committee; and I am satisfied that they the benefit of any change of price in his favor. There were, there­ have considered this questionnotonlyfairlybutindustriously. The foro, two grounds on which, according to law, the claimant had no evidence that has been found in this case, as stated by the gentleman right whatever to recover a cent. from Missouri, had escaped the attention of the counsel for the United To go hack to the receipt. The report of the committee in this States in the case brought in the Court of Claims. It is not to be case places stress upon the fact that, to use the langua~e of there­ expected that gentlemen of a committee can go ransacking through port as nearly as I can recall it without readinO' it now, 'in all prob­ the archives anclrecords of the Government to find evidence to defeat ability 1\IcCord never saw the receipt" or the ieading of it before it a claim w hlch has been once before the Court of Claims and before was signed by his attorneys, Gilman & Son, in New York. the Supreme Court of the United States. It is not reasonable that Now, bear in mind that .McCord lived in Saint Louis; that he built they should be expected or required to find other or additional evi­ this gunboat in Saint Louis; that Gilman & Son were bankers in the dence. But this only shows, Mr. Chairman, how unfit a tribunal city of New York, and were the agents ,of McCord to collect and apply Congress is to adjudicate claims of this kinq.. We ought to pass some money for him as he had indicated. one of the bills now before Congress rerrutting claimants as far as Admiral Gregory had stated this account; various payments had possible to a tribunal where t,he United States will be represented been made ; and in April, 1866, he sent from New York City to Wash­ by counsel. There are several bills of that kind now pending, and ington, to the proper Department here, a statement of what he said I 'hope that some one of them will be passed. For myself, if I cannot was the balance due in full for all extras, including those extras now secure the passage of the bill I prefer, I will vote for any that prom­ claimed here. That account was passed by the Department, and ises to take away from committees of Congress the duty of consider­ the copies of letters there in the Department books show that on ing claims of this kind. 1882. ijONGRESSIONAL RECORD-HOUSE. 1803

I will say one word more, Mr. Chairman. This claim is the pre­ these people had had a righteous demand they certainly would have curs~r, ihe forerunner of claims of the same class now pending before obtained a favorable report from this board. committees of this and the other House amounting to more than That board, Mr. Chairman, reported in favor of seven claimants, $2,000,000. This Committee of the Whole ought to act on this claim, I believe, out of forty-nine-seven only-and it took the testimony and it ought to ad now and act decish;}Jy, and therefore, believing that is now on file in the office of the Secretary of the Navy and no it was important for the interest of the Government to defeat it, I other testimony. It did not find, I admit, that there was a dollar have opposed the motion, even when made by the gentlemen of the due Mr. Chouteau or a dollar due 1\ir. Bestor, but the Congress of the committee, to recommit this claim, because I believe we are compe­ United States afterward determined that he wa-s in truth and in tent to decide the question and ought to do it. fact entitled to 125,000 for extras furnished for the construction of I yield whatever time I have remaining to the gentleman from Mis­ a T"essel built in the same yard, at the same time, and under a simi­ souri, [Mr. CLARDY.] lar contract with the one for which we seek to recover now. Mr. CLARDY. Mr. Chairman, I subscribe to the sentiment last This board failing to :fiud for this claimant does any gentleman say expressed by the gentleman from Alabama. I agree with him this that be is estopped Y I repeat that this is only mentioned to show is not tbe.proper tribunal to try a case like the one now up for con­ that if the claim was just this board would have made the award. sideration. It is not the proper tribunal to investigate demands But it was not done, and it has not done it in several instances that against the Government, and hence it is sought in this instance to are beyond all question just and proper. It had, as I repeat, notes­ send this bill to the judicial department of the Government in order timony except that furnished by the Navy Department if we omit there may be such investigation as the gentleman from Alabama these written affidavits. suggests should be made. Well, in presenting that demand, it is nothing but natural that I must dissent from much that has been said both by the gentleman the party should accompany it with some evidence of their claim, from Georgia [Mr. HAMMOND] and the gentleman from Alabama, showing its character, the nature of the claim, and the amount of it. [Mr. HERBERT.) They both fell into the error of supposing this de­ But, Mr. Chairman, this claimant, or those under whom he claims, mand was submitted to what was known as the Selfridge board, and instituted in 1869 their proceedings in the Court of Claims for the was not reportetl favorably by that board. amount they believed WM justly due them. My friend from Georgia .Mr. HAMMOND, of Georgia. I said expressly it was not. says that it was after the passage of a bill authorizing them to go to Mr. CLARDY. I understood the gentleman to say the other day the Court of Claims. But they were not barred by the statute of lim­ that it was submitted to the Selfridge board, but if I am in error itation. They went into the Court of Claims before any law was about that let it pass. passed, and in fact no law wa-s passed authorizing the claimants as a Mr. HAMMOND, of Geor~ia. The gentleman from Missouri [Mr. body to go to the Court of Claims ; and the bill referred to by the CLARK] asked whether I dia so state, and I answered I did not. gentleman from Georgia, and which was reported to the House by the Ur. CLARDY. I think, in reply to my coll~ague from Missouri, gentleman from Wisconsin, [Mr. IIAzELTON,] never in fuct became the gentleman said "if the gentleman from :Missouri will wait ho a law. It was simply a report, but wa-s never enacted into a law. will ~::lee what I state," and then the gentleman did not refer to tho Then, Mr. Chairman, after waiting there for months and for years, matter at all. a trial was reached, and that court undertook to pass upon this Mr. HAMMOND, ofGeorgia. I didnotperhapsin somanywords. claim. What did that court find f Did it :find that this was an un­ I said that board was skipped and they went to the other board. holy case represented by these gentlemen, or did it decide against Mr. CLARDY. But the gentleman from Alabamn. distinctly saJd the claimants on a mere technicalityf That court found that for this morning this claim was submitted to the Selfridge boltrd and extras furnished there was due $56,222.50 to Charles P. Chouteau, that board, which :r:eported favorably nearly on every claun presented as the surviving partner ofthe :firm ofChoute:tu, Harrison&;; Valle, to it, failed to mention this claim in its report. I wish to say to that and to William .A.. Steele, who cl:timed under the a-ssignment from gentleman that the Selfridge board was organized and had its meet­ Mr. McCord. That was the .finding of that court. They found that mg before the completion of the vessel about which we are now dis­ the extras amounted in value to this sum; but the court held, as cussing. That vessel was not completed until the month of Novem­ gentlemen ~ave stated, that a certain receipt executed by Gilman, ber, 1805, and the Selfridge board was organized in the year 1865, Company & Brothers, in the city of New York, in the absence of any before the delivery of this vessel to the Government of the United testimony showing that it "did not represent a receipt for the full States or its officials. amount of the indebtedness of the Government to t.hese parties, was Mr. H.A.miOND, of Georgia. I may have made errors of dates, but conclusive upon them; and I would concede, and anybody else would the statute shows for itself. concede, that a receipt, while it has no particular dignity in the ab­ Mr. CLARDY. The statute shows nothing about it; there was no sence of testimony showing that it does not truly represent the actual statute about the Selfridge board; there is no resolution about the state of facts, or that it does not represent the state of facts claimed, Selfridge board. It was organized by the Secretary of the Navy in is to be taken as binding and conclusive. order to ascertain certain facts. The court further found that there was a certain other amount due Mr. HAMMOND, of Georgia. It was organized by a commission to these parties for damages which ensued by reason of the delays under a Senate xesolution. in the construction ofthis vessel; but I shall not discuss that point, Mr. CLARDY. That was the Marchand board. for I concede, with the gentleman from Alabama, [Mr. HERBERT,] Mr. HAMMOND, of Georgia. That was under a joint resolution of that the Supreme Court as well as the Court of Claims has already the Ho11se and Senate. passed upon that question and determined it a-dversely to this claim, l\lr. CLARDY. I belieT"e that is true. A resolution passed the the Suprm:be Court holding, in my opinion, that under the contract Senate directing the Secretary of the Navy to 'organize this Selfridge there can be no recovery against the Government growing out of board, but that cuts no figure in this case. The truth is, and I un­ this extension of time in the construction of these vessels. But the derstand it is conceded, tliis claim was not submitted to that board. Supreme Court, following the Court of Claims, holds that of this It was not passed by that board. It was submitted to the Marchand $56,000, which was money due to both these men or to the men under boarcl which was organized under a joint resolution directing the whom they claim, for material which went into the construction of Secxetary of tho Navy to organize a board for the purpose of ascer­ this vessel, and which was appropriated and used by the Government taining the extra cost of these iron-clad vessels. The gentleman from of the United States, that this $56,000 is justly due, unless, of course, "" Alabama says these parties did appear before that board, although it bas been paid. it has been stated time and again on the floor of this House that And that, Mr. Chairman, is a pernnent inquiry here. The ques­ they had no opportunity to present their demands. tion is, has it been paid Y This Government certainly does not pro­ Mr. HERBERT. I do not think any gentleman stated on the floor pose to repudiate an honest debt upon a mere technicality. It does of the Ilouse they had no opportunity, but it was stated in a previous not propose, I say, to refuse to pay this demand because the court report. has determined that in the absence of testimony which rebuts the l\lr. CLARDY. I believe it has been stated on the floor of the presumption created by that receipt that therefore the claim could House. I believe it was stated by the gentleman from Maine, Mr. not be allowed. The Government of the United States does not pro­ FRYE, ancl I believe he stated the truth when he made the state­ pose, upon a mere technicality, to say to these people: We will not ment. I believe befoxe the Marchand board were the receipt and pay you; you may have a right, you have a just claim, but we have vouchers on file in the office of the Secretary of the Navy. an advantage of you and we intend to keep it. l\ir. HERBERT. Wuat does the gentleman do with the letter I Now, Mr. Chairman, I am sure it will be admitted that I do not have from the Bureau uf Construction which states the reverse Y misquote the purport of this decision. But I will send to the Clerk's l\ir. CLARDY. I mean all the papers in the possession of the Gov­ desk and have read in this connection the clause of the decision so ernment which it thouio-ht .fit to produce before that Marchand board far as it relates to this matter. were produced by it ; mean to convey the impression there was no The Clerk read as follows : opportunity for claimants or witnesses to go before that board and From these circumstances the work required and done under the original con­ testify. .A.s I do not wish to misrepresent the facts or misrepresent tract was enhanced in cost to the contractor $122,166 beyond the contract price, ~entlemen, I will say I understand there were certain affidavits filed less deductions for labor and materials saved by changes and alterations, $3,882.80, leaving a balance for increased cost of work required by the contract of $118,283.20. m support of that claim which these parties elected to file at the And from the same circumstances the cost to the contractors of the extra. mate­ time of presentation. I undexstand, furthermore, and no gentleman rials and labor on the vessol required by the changes ann alterations made ex:clu· will insist on the floor of this Hoose that the findings or conclusion sive of s-pecial contracts paid, was $172,273.55, of which $U6,111 were paid, leaving of that board wexe res adjudicata in any other proceeding. At most a balance for extra material and labor of $56,162.55. the gentleman can mention this only for the purpose of showing if 1\ir. CLARDY. Then I repeat, 1\ir. Chairman, that the only ques- 1804 CONGRESSIONAL RECORD-HOUSE. MARCH tO, tion is whether this money has been paid or not. These gentlemen Mr. SPRINGER. The gentleman is now in the midst of his argu.­ say that it must have been paid, because Mr. McCord was notified ment, and it would not tn.K:e hifn long to complete his statement. on the day the voucher was sent to the city of New York, that Mc­ Mr. TAYLOR. How much time does he wa.ntY Cord, whose residence was in the city of Saint Louis, was notified Mr. CLARDY. I want but a few minutes, and I also desire t<> that a voucher for twenty-six thousand and odd dollars had been have five minutes to yi~ld ''to the gentleman from Alabama, [Mr. sent to the city of New York and would be collected by his attorneys HERBERT.] in fact in that city, and that it was for the whole amount due. Mr. TAYLOR. After a little time I may yield out of my timet<> Mr. HAMMOND, of Georgia. That was not what I said. I said the gentleman from :Missouri, [Mr. CLARDY.] the letter was written on the 26th April and payment was made on In the mean time, Mr. Chairma.n and gentlemen of the committee, the 11th 1\Ia:v. I desire to present briefly for the consideration of this Committee· of Mr. CLARDY. If you say that you misstate the fa.cts. I appeal the Whole some rea ons why I think the substitute offered by the to my friend from Alabama. gentleman from Alabama [Mr. HERBERT] for the motion ofthe gen­ M.r. HAMMOND, of Georgin.. I quoted from the brief of counsel, tleman from Missouri [Mr. CLARK] should not be adopted. . And will Mr. Merriman. it be asking too much of the mem~ers of this committee, inasmuch Mr. CLARDY. I quote from the letter itself, which I have re. COUNTY OF NEW YORK, ss: Winthrop Sargent Gilman and Theodore Gilman, being duly sworn, depose and part of the Government and in consequence of the fault of the Gov­ say that they are now and for fifteen years past they have been merubers of the firm ernment he incurred expenses and damages which the Court of Claims of Gilman, Son & Co. engaged in banking in the city of New York. That on or found amounted to $56,000; his money, ever unpaid by the Govern­ about the 24th day of kovember, 1863, they had a. business interview with Charles mont of the United States. W. McCord, who also addressed them a letter on thatday, 24th of November, 1863, Now, that is his claim, :md that is very briefly the history of it and lltatin~ that he had handed Gilm:m, Son & Co. power of a.ttornoy to collect from the United States Government all payments that were to become due him for build· the manner in whieh various committees and tribunals have acted ing au iron v . el, the Etlah, at Saint Louis, as per his contract of 24th J nne, 1863. upon it. It is now presented to this House by the Committee on· And the Raid McCord ~ave orders in said letter to Gilman, Son & Co. that they Claims of this :flouse, and mainly or largely, as was said by the gen­ Rhoulociation, Saint Louis, with any money which HAMMoND,] tb£~y might collect under the said power of attorney and advise J. Rosenfeld, jr., tleman. from Georgia, [Mr. upon evidence supposed by t l1e <'ashier thereof, that such credits were for account of McCord, Bangor & Steele ; the Committee on Claims to be complete evidence, evidenc~ that was that at that, time we did a large business for the State Savings A sociation as their ample and satisfactory to the members of the Committee on Claims bankers, and we were entirely ignorant of their relations to said Charles W. Mc­ who were present and acted on the bill. Cord, and also ip;norant of his relations to the Government, our busine s being olely that of bankers for said McCord and fm: the corporation referred to; and Upon the consideration of this bill by.this Committee of the Whole ~ed the mon y for amount of said bills as the Government cho e to render and act Y I say there is not :1 man on this side of the House wha knows. had credited the arne with regular advice as they had been instructed to do' and what his argument was; n.ud there :1re not many on the other side­ this said fum did at the time. ' That the aid firm never took upon themselves a settlement of the accounts be­ of the House who know it, and they cannot know it until they read tween Char~es W. Mcyord and the Governme~t for building the iron vessel the it in the RECORD to-morrow morning. Yet he asks us to vote on this. :E~ah, .and if any rece1pts are held by .the Umted States Government signed by bill to-day. ~rud Gilman, Son & Co. as attorneys, which are, or ever may be, construed as imply­ Mr. HAMMOND, of Georgia. Will the gentleman permit me to­ mg that they made such a settlement, the 'lame are erroneous in such im:plication. That the srud bankers have always been in the common habit of collectin~what­ ask him a question 7 ever the Government decided to pay on similar presentation of bills ha.vmg fre­ Mr. TAYLOR. Certainly. quently collected 1'1Xge amounts for contractors, but never in any case made a Mr. HA.MMOND, of Georgia. Does the gentlemn.n forget the fact final settlement, thatoeing a matter between the Government and the contractor. that what I assert to be true the gentleman who reported this bill And the deponents repeat and desire to emphasize the fact that their sole agency in the business between said McCord and the Government was that of bankers to got up here this morning and said was true, that he had made an in­ receive what was paid them, and faithfully transmit the same to its proper desti­ vestigation and wanted this bill recommitted so that the committee­ Imtion, and ftu--ther deponents ay not. might take back the recommendation they had made Y WINTHROP S.ABGENT GILMAN. Mr. TAYLOR. I do not want the gentleman to mistmderstand me. THEODORE GILMAN. I say that so fur a I understand it his statement is true; and I am. Sworn to before me this 14th day of December, A. D. 1877. with the gentleman in reference to it. Others differ; there are men JAMES N. BROWN, Notar-y .PuUic, county of Kings, State of New York. here besides the gentleman from Missouri, [Mr. CLARK,] the gentle­ man from Georgia, [Mr. liAMMoND,] and myself, who wish to know Authorized by law to take acknowledgments, &c., in the connty of New York. the fuots about this matter. · [Here the hammer fell.] My object in supporting the motion made by the gentleman from lir. TAYLOR ro o. Missouri [Mr. CLARK] is that this matter may be recommitted to tha Mr. CLARDY. I had ~~eed to reserve five minutes for the gentle­ Committee on Claims so that it may be carefully re-examined. And man from Alabama [Mr . .tlERBERT] who yielded me the floor. if that committee finds in fact that the evidence is what I under­ Mr. HAM.."-!O}..'D, of Georgia. I would like to ask the date of that stand it to be, and what tho gentleman from Georgia knows better affidavit. than I do it is, and what the gentleman from Missouri now believes The Clerk read as follows: it to be, then my purpo e is to have the matter reported adversely to· Sworn to before me this 14th

Mr. BAYNE. Will the gentleman a.llowme to ask him a question i :Mr. CLARDY. I answer the gentleman from Indiana (and I would :Mr. TAYLOR. Certainly. answer him in the language of the Sv.preme Court if I had time to Mr. BAYNE. I desire to aiik this question: I see in the report read it) no; but the court expressly affirms that t.his 56,000 is due made here by the Committee on Claims that the Court of Claims unless it has been paid; and it holds that the receipt is conclusive ascertained that there was a balance due this claimant of $56,162.55. evidence of payment. Has that money been paid to the claimant Y Mr. HOLMAN. NowmyfriendfromMissouri willhaveampletirne, :Mr. TAYLOR. That money has not been paid. As I now under­ will he allow this passage from the decision of the Supteme Court to ·stand it, the whole matter has been settled and adjusted and receipted be readY fo1·. So far as the matter of the $56,000 is concerned, I have no time Mr. CLARDY. It is the langua~e of the Supreme Court a to now to go into it, but for one I am inclined to reject it. another item that the gentleman reters to. Still I say that this House ought to act now upon this new evidence l\lr. HOLMAN. No, this very item. I will seek an opportunity to more deliberately and more intelligently than it can possibly act have it read hereafter. with a partial understanding of the evidence which has been given. Mr. CLARDY. Now, l\fr. Chairma.n, it is true there is testimony Mr. CLARDY. Will the gentleman allow me to make a sugges­ tending to show that this receipt was accepted as evidence of a com­ tion Y plete payment of that demand. We want to send this case to the Mr. TAYLOR. Certainly. Court of Claim~ that this matter may be pa ed upon. It is true that Mr. CLARDY. The opponents of this bill have now been heard at the $56,000 has not been paid, and unless these gentlemen compro­ length. mised the rights of Mr. McCord, had authority under that power of l\Ir. TAYLOR. I will yield to the gentleman what time he desires. attorney to do so and meant to do so, then he is entitled to his recov­ The CHAIRMAN. How much time does the gentleman yield 7 ery if the case can be reopened in the Court of Claims. Mr. TAYLOR. I will yield five or ten minutes. Mr. Chairman, I have little time, but I would like to reply to the Mr. CLARDY. Say ten minutes. allusions which have been made to the claimant in this case, Mr. 1\fr. TAYLOR. Verywell,Iwill yield ten minutes, and then I will Charles P. Chouteau. I want to state that the members of tho old move that the committee risl} to close debate. firm of Chouteau, Harrison & Valle, as well aii Mr. Charles P. Chou­ Mr. CLARDY. I now yield five minutes to the gentleman from teau himself, are personally and intimately known to every member .Alabama, (Mr. HERBERT.) . of the Missouri delegation, and I apprehend also to every member of 1\fr. HERBERT. The gentleman from Missouri has had read the the Illinois delegation in both Houses of Congress, as gentlemen of ":t:ffidavit of Winthrop Gilman and Theodore Gilman, which was mq,de unquestioned integrity. December 14, 1877. It will be noticed that in this affidavit only two And when he states as a proposition of law that because there was members of the firm concur; the other members are not mentioned. not an assignment of a claim of past indebtedness, therefore it was Why they are not heard from does not appear except from this con­ invalid, or substantially that, he does not utter, I am sure, what he .sideration, that if they had sworn they would have been obliged to really meant to say. It is true of course as to subsequent purchasers swear that the letter written on the 26th of April, 1866 inclosing or as to equities existing against these parties the transfer would be that claim, rea.ched them; that their attention was called to this invalid, or amount to nothing, but there are equities in this case, matter; that they did know what they were doing, although these except in behalf of this claim. two selected members did not. That, it seems to me, is a sufficient Will the committee indulge me while I have read the discussion .answer to this affidavit; and when you look into it carefully yon which took place in the Senate May 13, 1872, on the claim of George will see that it seeks to attract attention to transactions long since C. BestorT It is a claim which, as I have said, was built under the 1)ast; it goes back to and narrates with great particularity the first same contract, :It the same time, for the same amount, with the same / -couversation between the members of the firm and McCord and the payments, with the same extraii, item for item. Here it is: }lOwers of attorney given by McCord; but it never once names the Mr. SHERMAN. I will ask the committee why this claim baa not been sent to the letter which carried that claim. Do gentlemen believe that the cbim Court of Claims like other claims of a. similar character Y .got there without that letter! And if that letter was received call­ Mr. NYE. It has been proposed to send this claim there, and the committee have ing attention specifically, at the sarmo time that it carried tho cb.im, recommended the passage of a bill for its pq,ymen,t. Mr. SHERMAN. Iknowthereisagentlema.nin Cincinnati who bnilt one of thcso to the fact that it was in full settlement, then the absence ofthe namea steam vesselB and has been waiting here for years- -of other members of the :firm in that affidavit gives ground to the Mr.liAMLIN. .And thls man has waited here until he has died. presumption that if they had sworn they would have been obliged Mr. SHERMAN. I know; but the case to which I refer was finally sent to the to swear that they did know they were receiving this amount in full Conrt of Claims. Now I want to know why this claim is not sent to that court also'l from the United States. Mr. NYE. For the reason that the vessel waa not accepted unti11866. We kept 'rhe question put by the gentleman from Pennsylvania [Mr. BAYNE] it on his hands for two years. . to the ~entleman from Ohio [Mr. TAYLOR] was whether this amount Mr. SHERMAN. That makes it no worse than other cases. found e1 ue by the Court of Claims has been paid. I want to call.atten­ lli. NYE. The committee thou~ht it was one of that cla.ss which shonld be con­ sidered by Con~s~ case entirely different from those sent to the Court of tion to this statement of account read from the Clerk's desk this Claims. There 1s an immense package of papers on the snbject which have been morning. In the recapitulation they say: thoroughly examined during the past two or three years. We char~e the Government for work done without contract at the Saint Louis Mr. LOGAN. The bill has passed both Honses at different times. standard pnces of labor and mat-erials, $199,783.79. [Here the hammer fell.l Then they state that Admiral Gregory allowed them only so much, :Mr. TAYLOR. l yield !or two minutes to the gentleman from Illi- and that the difference between the two sums amounts to $56,166.55, nois. · the amount claimed here. Now, Admiral Gregory passed upon this !-fr. S~ITTH, of illinois. I do not desire to speak to the merits of account just after the transaction, and he allowed all that he believed this question, but will say that the Committee on Claims has a class was due to those parties. True, the Court of Claims afterward, the of claims before it, of which this is one and which we are about to counsel of the Government showing by his conduct that he was re­ consider together. I believe therefore this new evidence which has lying solely on that receipt, did find that an additional sum w2.s due, been found should be referred to that comm,ittee in order that it may but held it barred by t.he receipt. Now, if the Government had ca-st light, as it will, on claims of a similar character. I think it is offered the very evidence that was before Admiral Gregory when he due to the Committee on Claims this bill should be recommitted in stated this account the findings of the Court would probably have order that we may consider well and fully the matter with this newly been just what Admiral Gregory found. To that even as to that discovered evidence before us. aJDount, leaving out the receipt entirely, McCord was paid, and paid Mr. TAYLOR. I move that the committee rise for the purpose of in full the amount found dne to him at that time by an officer of the closing debate. Govex:~ent, whose duty it waii, with all the facts before him, to Mr. HOLMAN. Is that debatable! state the account. Years and years ~fterward this claimant, who is The CHAIRMAN. It is not. simply a transferee, who never paid more than 200 for this claim of Mr. HOLMAN. A motion to rise and report a bill favorably or $56,000, comes before this Congress and asks it to donate to him this adversely is debatable. sum of $56,000 on accollllot of a claim for which he paid only 200. The CHAIRMAN. But that is not the present motion, but to rise [Here the hammer fell ) for the purpose of closing debate, which is not debatable. Mr. HOLMAN. I would lik~ to ask the gentleman from Alabama The motion was agreed to. [Mr. HERBERT) a question. The committee accor~1!~ rose; and the Speaker having resumed Mr. CLARDY. I hope it will not come out of my time. the chair, lli. DAVIS, of · ois, reported that the Committee of the Mr. HOLMAN. It will not, of course; there will be ample time. Whole House on the Private Calendar had, according to order, had I wish to know whether the decision of the Supreme Court in this under consideration the bill (H. R. No. 911) for the relief of Charles case does not repudiate the data on which the Court of Claims found P. Chouteau, and had come to no resolution thereon. this sum of $56,000 to be due f · Mr. HERBERT. The Supreme Court repudiates the very princi­ ADJOURNMENT OVER. ple upon which the Court of Cla.ims proceeded. Mr. CONVERSE. I rise to make a privileged motion. The House Mr. CLARDY. If the gentleman from Indiana [Mr. HOLMAN] has ordered a night session and will be engaged to a late hour, and will repeat his question I will answer it. now I move when it a-djourns it adjourn to meet on Monday next. Mr. HO~. I wish to know whether the Supreme Court, in Mr. DAWES. .There iB a special order for to-night. deciding this McCord case, cUd not di.sallow the data and repudiate The SPEAKER. This does not affect that special order. the principle involved in the decision of the Court of Claims allow­ Mr. CALKINS. It is for pensions. ing $56,000 T The RPEAKER. Invalid pensions.

I ,.

l806 CONGRESSIONAL RECORD- HOUSE. MARcH 10,

Mr. CALKINS. I hope the House will not adjourn, then. Mr. BUCKNER. Take a vote on the motion to recommit the bill, The SPEAKER. This motion does not involve the night session and test the sense of the committee in that way. for inv~lid pensions. Mr. HERBERT. If the amendment of the gentleman from C'TCorgia The House divided; and there were-ayes 80, noes 27. is withdrawn I shall insist upon a vote upon the substitute. Mr. SPARKS demanded the yeas and nays. The committee divided; and there were-ayes 19, noes 55. The yeas and nays were not ordered. So (no further count being demanded) the motion to lay the bill So the motion was agreed to. aside and report it to the House with an adverse recommendation Mr. CONVERSE moved toreconsiderthevoteby which the motion was not a~eed to. · was passed; and also moved that the motion to reconsider be laid The motion that the bill be laid aside with the recommendation on the table. that it be recommitted to the Committee on Claims was then agreed The latter motion was agreed to. to. ENROLLED JOINT RESOLUTION. MAJOR WILLIAM M. MAYNADIER. .Mr. ALDRICH, from the Committee on Enrolled Bills, reported The next business on the Private Calendar was the bill (H. R. No . tha.t they had examined and found truly enrolled a joint resolution 670) for the relief of Major William M. Maynadier. (S. R. No. 47) authorizing the Secretary of War to use Government l\h-. HOLMAN. This bill ha-s been already read at a preceding vessels for the transportation and distribution of rations furnished meeting of the committee. The gentleman from Wisconsin [Mr. by the United States to the sufferers by the Mississippi overflow; BRAGG-] is not in his seat, and in his absence I suggest that the bill when the Speaker signed the same. be informally passed over. Mr. WHEELER. I must object to that, Mrt Chairman. CHARLES P. CHOUTEAU. Mr. HOLMAN. This bill was passed over on the last private bill Mr. TAYLOR. I move the House resolve itself into the Committee day, I think- - of the Whole House on the Private Calendar; and pending that 1\Ir. 'VHEELER. I think the main reason why it wa-s passed over motion, I move that all debate on the pending bill in committee and was that the report was not printed or was not prepared a sufficient amendments thereto be closed in one minute after its consideration length of time to have it read by mem"'Qers of the House. Now, if the shall be resumed. gentleman from Wisconsin desires to speak on this bill, of course I The latter motion was agreed to, and also thE\ motion to go into the shall yield to the request that it be passed over informally, but I committee. have rec~ved no intimation of any desire on his part to be heard The House accordingly resolved itself into the Committee of the upon it. Whole House on the Private Calendar, (Mr. DAVIS, of Illinois, in the ~h . HOLMAN. I think he does desire to speak upon the bill. chair.) 1\Ir. WHEELER. If he had notified me I would certainly not have The CHAIRMAN. The committee resumes the consideration of objected to its going over. the bill (H. R. No. 911) for the relief of Charles P. Chouteau, on Mr. HOLMAN. All that I wish is to call the attention of the com­ which all debate has been limited to one minute. Jnittee to the fact that by a very decisive vote some time ago the l\fr. HOLMAN. Mr. Chairman, I desire to submit a motion ::liter Committee of the Whole House struck out the enactillg clause of this making a singl~ remark. I wish to ask the gentleman from Missouri bill, and it was recommitted, I believe, at the instance of the gentle­ what new testimony he refers to. I apprehend the committee may man from Alabama, [Mr WHEELER.] Ifthere is any new fact brought come to a vote on the proposition submitted under a misapprehen­ to the attention of the committee, that, of course, is a proper sub­ sion ; and I will yield the floor until the gentleman answers the ques­ ject for our consideration. But in the absence of any new evidence tion. I desire to interpose the motion submitted, I think by the gentlemn.n Mr. CLARDY. Does the gentleman address himself to meY from Wisconsin, [Mr. BRAGG,] to strikeout the enacting clause, unless Mr. HOLMAN. I wish to inquire what new testimony the gentle­ con§ent is given that it be informally pa-ssed over. ' man has referred to, which has not been discovered during all of these Mr. DUNNELL. ·Let the bill go over. ten or twelve years, as that may be a matter which would influence Mr. HOL.MAN. If any new facts are to be submitted to the com­ the action of the committee upon this proposition. mittee I shall not insist upon the motion. Otherwise I shall move to Mr. CLARDY. I suppose the gentleman refers to the allusion made strike out the enacting clause. . to the subject by my colleagn.e, Mr. CLARK. Mr. DUNNELL. I understand that the gentleman from htdiana is Mr. HOLMAN. It was also stated, as I understand, by the gentle­ quite willing that it shall go over. man from Ohio. Now, what is that new testimony! Mr. HOLMAN. I have no objection, as the gentleman from Wis­ Mr. CLARK. The gentleman from Alabama has caused to be rea-d consin is not present. some letters-- Mr. DUNNELL. Then I hope the motion to strike out the enact­ Mr. HOLMAN. But that is not new testimony. ing clause will not be insisted upon. The CHAIRMAN. Debate under the order of the House upon this Mr. HOLMAN. I will not insist uponit if the bill is allowed to oo bill is exhausted. pa-ssed over informally. l\fr. HOLMAN. I move to strike out the enacting clause of the There being no objection the bill was informally passed over. bill. The CHAIRMAN. As the Chair understands the effect of the mo­ MESSAGE FRO:\I THE PRESIDENT. tion of the gentleman from Indiana it will be that the bill be reported The committee informally rose; and the Speaker having resumed to the House with the recommendation to strike out the enacting the chair, a message in writing from the President of the United clause. States was communicated to the House by Mr. PRUDEX, one of his The committee divided; and there were-ayes 40, noes 46. secretaries. Mr. HOLMAN. I make the point of order that no quorum has G. W. CANDEE. voted. The committee resumed its session. The CHAIRMAN. The point of order having been made that no The next business on the Private Calendar was the bill (H. R. No. quorum has voted, the Chair will appoint tellers. 182) for the relief of Major G. W. Candee. Mr. HOLMAN and Mr. CLARDY were appointed tellers. Mr. HOLMAN. That bill stands upon the same footing with the The committee again divided; and the tellers reported-ayes 44, last one and ought to be governed by the same principle. I ask that noes 56. it be passed over informally. So(no furthercountbeingdemanded)themotion was not agreed to. There being no objection the bill was informally passed over. The CHAIRMAN. The motion now recurs on the substitute pre­ CHARLES A. LUKE. ~nted by the gentleman from Alabama. The next business on the Private Calendar was the bill (H. R. No. Mr. TAYLOR. Let the motion of the gentleman from Missouri, 54) for the relief of Charles A. Luke. ,.."": mth the amendment of the gentleman from Georgia and the substi­ The bill was read, as follows : t.ute of t{jeA§fftleman from Alabama, be reported in connection. Be it enacted, ~c., That there be, and is hereby, appropriated, out of any moneys The C MAN. The Chair will state for the informatian of the in the Treasury of the United States not otherwise appropriated, the sum of$1,500, committee that the gentleman from Missouri moved that the bill be to be paid by the Secreta.J7 of War to Charles A. Luke, now of the Territory of laid aside with the recommendation to the House that it be recom­ Arizona, in fnll compensation for property taken from him for the use of the Gov­ ernment in the extension of the military reservation at Camp Mohave, in said mittecl to the Committee on Claims. That was amended by the gen­ Territory, under Gener.ll Orders No. 62, nated headquarters of the .Army, August tleman from Georgia that the bill be laid aside and reported to the 16, 1869. House with the recommendation that it donotpass. The substitute Mr. MASON. The report in this case shows the Committee on offered by the gentleman from Alabama is that the bill be laid aside Claims recommend that the bill be amended by striking out" 1,500" to be~ · reported adversely to the House. and inserting " 1,200." l.tr. Cil!P. That is the same thing. Mr. HAWK. Let the repor1 be read. Mr. CLARDY. Precisely the same. The CHAIRMAN. The question is on agreeing to the amendment Mr. HAMMOND, of Georgia. The effect of a vote upon that prop­ recommended by the committee. osition would be identical with a vote on the amendment I have sub­ Mr. HOLMAN. I hope the report will be read. mitted. I therefore withdraw the amendment. The report was read, as follows: Mr. 'fAYLOR. I hope the gentleman from Alabama will also with­ The Committee on Claims, to whom was referred the bill (H. R. No. 54) for the draw his substitute and let us have a vote on the proposition to relief of Charles A. Luke, having had the same li.Dder consideration, respectfully recommit. report that a bill similar to the bill in question was introduced into the Forty- 1882 . . CONGRESSIONAL RECORD- HOUSE. 1807 third Congress, and was referred to the Co~ttee on Military Affairs, which soldiers by the bottle. That he denied. My report is b:l>sed on t.he committee reported the same favorably to the Hou~e, ~th an 3.!Jlend.ment a!low­ theory that it is immaterial whether he had been selling liquor or ing to the cla.IID9nt $1,200 instead of $1,500, as proVIded m the bill, and the bill as thus amended passed the House and went to the Senate, but so late in the session not; that the Government might confiscate his liquor but not his that it was not acted upon there. That a billsi.mill1r to the present (one, except as building without compensation. to the amount was introduced into the last Congress and was referred to the Com­ Mr. HOLMAN. The record in this case is not very clear. mittee on CL'\l.ms, but was not examined or reported upon by that committee. Mr. TOWNSHEl\'D, of illinois. I would like the bill to be reported That bill provided for paying the claimant the sum of $1,200. The report of the Committee on .Military_ .Affairs upon the bill of the claim~t again. introduced into the Forty-third Congress (H. R. No. 1340) fully states the facts m The CHAIRMAN. The bill and report have both ueen ren.d. this case, which are a..~ follows: Mr. TOWNSHEND, of lllinois. There was a discussion which was " On or about the 1st of January, 1869, claimant was in peaceable possession of not heard in this part of the Hall. a certain house, wb ich he had erected in Mohave City, near Camp Mohave, in the Territory of Arizona. The land upon which his house was erected was not within the The CHAIRMAN. Prior to the discussion the bill and report were limits of there ervation, nor was it in any way withheld from settlement or occu­ read. pation. On or about the date above mentioned, to wit, Janu~y ~. ~869<. tb:e mili­ Mr. MASON. I move that the bill be laid aside to be reported to tary reservation at Mohave was extended so as to embrace Within 1ts lliDlts the house of claimant as well as those of sundry other citizens. the House with a favorable recommendation. "In conformity with General Orders No. 62, headquarters of the Army, August :Mr. MILLER. I move, by way of amendment to that motion, that 16 1869 these citizens, including claimant, were, on or about the 20th day of Decem­ the bill be laid aside to be reported with an adverse recommendation. ber, 1869, dispos essed of their buildin~s , and have not since been allowed the nse Mr. TAYLOR. I would like the gentleman from Pennsylvania or possession thereof. " The claims for damages by reason of being expelled from their homes were [Mr. MILLER] to state what objection he has to this bill. submitted to a board of officers convened by proper authority August 16, 1870. Mr. MILLER. I did not expect to say anything about the bill, but " This board considered and allowed damages to all the ofher claimants except since the gentleman has asked me to state my objection to it I will C . .A.. Luke. Regarding this claim the board say: 'It was not considered, as the say that. according to the statement in the report this man ought not claimant was removed from the reservation of Camp Mohave prior to the promul­ gation of General Orders No. 62, 1869, for a violation of post orders in soiling liquor to have a cent. His claim was submitted to a board of officers and by the bottle to enlisted men of the command.' . they stated he ought not to have anything. They decided he ·should 1 ' This. alleged fact is denied by the sworn statement of claimant and several other be removed from the reservation because he was sellin~ intoxicating sworn Witnesses. liquors, and not by virtue of the military order by which the .others " But whether this allegation be true or false, clmnot materially affect the jus­ tice of this claim. The Judge-Advocate-General, to whom this ca e was referred were dispossessed. And it stfikes me a~ remarkable, if I have a by the Secretary of War, says: correct idea of the bill, that any committee should have reported it. ' 'Neither the fact that this party sold liquor contrary to law, nor the fact that Mr. MASON. The gentleman from Pennsylvania is entirely mis­ he was for this reason required to leave the reservation, would, per sa, in the opin­ ion of this bureau, affect his right of property in the house for the Talue of which taken as to the facts. In the first place this board of officers did not be has made claim. * * * fu this case, indeed, it has never been claimed that consider the claim of this claimant at all. the building was forfeited becanse of iliea.cJ; of the party in selling liquor. * * * :Mr. HAWK. Why did they not consider itf The claim &eems to stand upon the ~tame basis as the other elaims passed upon by :Mr. MASON. For the reason, as they stated, that he himself had the board, for houses, &c., destroyed or used by the Government in Mohave City. " The partv who built the honse makes affidavit thn.t it cost $1,250. been removed from the reservation before that for selling liquor; " Claimant avers that the said building cost him $1,500 in curreney, and that at that he had been removed before the reservation was extended. The the time of his te they did not con­ that this claimant had erected a building on what I suppose was sider the case of this claima.nt because he had been removed from Go>ernment property in the Territory of Arizona, and that he was the reservation for selling liquor before the reservation was ex­ dispossessed by military order. The question I wish to a-sk the gen­ tended. tleman who reports the bill is this: if this building was erected by But even concedin~ that he had been selling liquor by the bottle­ a trespasser, by a person having no authority to erect it, and if by to the soldiers, that 1s no rea-son why the Government should not military order the building was t:l>ken off from the land on which it pay this man for his property. They brought the property within was erected, on what principle does he claim the Government should the reservation by extending the reservation, and then took posses­ pay the value of the buildingf That is not clearly presentedin the sion of it, and it is in evidence that the Government has been using report,., • this man's building ever since. That is all there is in this case. If the building was erected on property belonging to the Govern­ Mr. MILLER. I will read from the report made in this case: ment, without authority of the Government; if the person erecting This board considered and allowed damages to all the otherclaimantsexceptC. the buildin~ was 3> mero trespasser, and if he was moved off by mili­ A. Luke. Regarding this claim the board say, "it was not considered, as the­ tary :l>uthonty, that of itself would not make a cL'lim ag:l>inst the claimant was removed from the res~rvation of Camp Mohave prior to the promul­ gation of General Orders No. 62, 1869, for a violation of post..orders in selling liquor· Government. by the bottle to enlisted men of the command.." :Mr. MASON. There is a. fact connected with this case which does not appear in the report, but which I perfectly well recollect :l>S a It seems that this man was not satisfied to keep a hotel or a bar,. fact which appears in the papers in the case. The Government took but he went sneaking around with liquor in a bottle selling it to the pos ession of this building and used it for quartermaster purposes soldiers. Now pay a man for that! The idea of paying a man who­ within the reservation; and the Government to-day are using this spent his time running around with whisky in a bottle in his coat man's property. pocket sellin~ it to the soldiers I I hope there is not a man in this. Mr. HOLMAN. I will call the attention of the gentleman from House who will vote for that, not even the members of the commit­ New York to the language of the report: tee reporting this bill. In conformity with General Orders No. 62, headquartera of the .A.rm:y, .August Mr. TAYLOR. It is the most surprising thing in the world to me­ 16, 1869, these citizens, including claimant.~.. were.~ on or about the 20th day of De­ that a gentleman who is compelled to a-ct in a body of men sitting as cember, 1869, dispossessed of their buildings, ann have not since been allowetl the judges t>ffact and law, and deciding important questions that arise nse or possession thereof. here with the same carefulness and deliberation and absence of· As to that the gentleman is right and I was wrong. But here is prejudice as though they sat upon the bench of a court of law or my question. This building, if I understand aright, is erected on equity, should so misconceive a case as this has been misconceived, Government land. If that was done by authority of the Govern­ and under that misconception should allow himself to get excited in­ ment, and if the Government afterward appropriated the building, regard to the case under consideration. the Government ought to pay for it. But if the building was This is not a case where we propose to pay a m1tn for keeping a. erected without authority of the Government, should the Govern- hotel, or where it is proposed to pay a man for selling liquor, or w her& ment pay for it Y . it is proposed to excuse him for selling liquor. In considering this. Mr. MASON. This wa~ Government land and there had been no case, I appeal only to men who here and elsewhere have the wiJ.li!lg­ objection to its being used, as the report will show. ness and the capacity to takQ the question presented to them and that Mr. SPARKS. If the Government allowed this party to put the question alone and decide it. building there without opposition and subsequently dispossessed him The question now before us is simply this and nothing more: this. and took the property itself, it seems to me equitable the Govern­ man had property worth more than 1,200, property belonging to him ment should pay the claimant the value of the building. Is that as clearly as any man's property belongs to him. The Government the state of facts¥ took that property from him under such circumstances that it was. Mr. :MASON. It is; and the only reason this claimant was not bound to pay ll.inloj as it has paid everybody else who stood in the­ allowed damages for his building in this case was that the board of same relation and had property there. officers did not consider the cade for the reason that he himself was Mr. H.A. WK. Why did not the board award the claim f removed with his b1rilding. He had been prevented from residing on 1\Ir. TA. YLOR- f In the first place, I care nothing for the reason why the reserTation because it was claimed that he had sold liqu_or to the board did not make the award in this ca-se. When I am called.. 1808 OONGREf3SION.AL RECORD-HOUSE. MARcH 10, upon to act I will act upon the questjon for myself. The military The bill was read, as follows : board sitting upon the case acted as it thought best. When the case 'Beit enacted, &c., ThattheSecreta.ryoftheTreasurybe, and he is hereby, directed comes to me I act upon it for myself. to pay, out of any money in the Treasury not otherwise appropriated, to Charles F. Benjamin and Henry H. Smith the sum of $250 each, in full compensation for The reason given by the .boar~ is ~he r~ason now given here, that services rendered the Treasury Department by said Belljamin and Smith in tll.e because this man bad sold liquor m VIOlation of the rules they would, investigation of the fradulent claim of Sugg Fort. without any trial, without any examination, without any jurisdic­ Mr. HOLMAN. I think the report in this case had better be r ead. tion, without any law and in J;Us absence, fine fim by confiscating The Clerk read a follows : his property. That is all that 1t amounts to. 'I he board confiscates The Committee on Claims, to whom was referred the petition of Charles F. Ben. his property in his absence, witho1_1t any trial, without any examina- jamin and Henry H. Smith, having had the same under consideration, re pectfully tion, without any ev_idence and Without any _law. . . report: Now, if this comnuttee shall say that that 1s paymg a man for his That the said petition was presented atthecloseofthelastsession of the Forty. property taken by the Army in the meaning of the Constitution of sixth Congre s and referred to the Committee on Claims, which committee re­ ported favorably thereon to the Committee on Appropriations. The report reached the United States, then I am ready to say we had better not only that committee too 13.te for action, and your committee fully concurring in there­ abandon this kind of cases for some other tribunal but we had better port referred to, adopt the s~~me and make it a part of this report, as follows. abdicate actually, individually and generally. namely: '' That the said petitioners, on the 21st of October, were appointed special agents Mr. MILLER. Just one word. The Government of the United of the Treasury Department for the purpose of inquiring inoo the validity of the States did not confiscate this man's property. This man was re­ claim of Sugg Fort, of Robertson County, Tennes eeJ for $23,723.50 paid by the moved from the reservation because he persisted in violatin~ the Treasury Department on the 30th of .Tune, 1876, whion said claim was alleged to orders of the military officers. When he wa removed he left his nouse be false and fraudulent, and the allowance of which was claimed to have been cor­ ruptly procured; that said petitioners were assured they should be paid for their there, not because the Government t.ook possession of it but because services out of an appropriation at the service of the Depanment ; that they J?er­ he viola.ted the law and was removed. formed their duties as such special agents to the entire satisfaction of the Solicitor Now because he was removed as a violator of the law, he comes and Secretary of the Treasury ; that as a result of their labors the said Sugg Fort here and asks us to pay him for his building. There is no evidence and sundr:y other persons concerned with him in procuring the allowance ana pay­ ment of saJ.d clain:i (which was shown to be wholly fictitious and fraudulent) were in this case that the Government took possession of his property. criminally indic-»ed in the District of Columbia., a judgment for the full amount of Why should he be paid 7 Why should he come here and claim pay the chim was recovered against Fort in the United States circuit court for the for this property Y If he had obeyed the law he would have rema.ined middle district of Tennessee, anti an investigation was ordered by the Secretary of in possession of his own property and would have occupied it. The the Treasury as to the detq,ils of the allowance of said claim, which resulted in the resignation of the accounting officers who passed the claim, the dismissal of several property is there for him_; let h~m go back and take it, and not come clerks in said offices, and a radical change in the system of exa.mina.tion and allow­ he1·e and ask us to pay him for 1t. ance of claims in the Treasury Department. Mr. TAYLOR. There is no evidence that he sold liquor. And "For these services the Solicitor recommended that Messrs. Smith a.nd Benja· there is evidence that his property was taken possession of by the min be paid the sum of $500, and a voucher for that amount was approved by the Solicitor, under the direction of the Secret:Lry of the Trea ury, which said vO'Ilcher Government. The Attorney-General says that this is an ~ttempt to was also approved by the First Auditor. The First Comptroller having suggested confiscate his property. a doubt as to whether said ;payment could be made under section 1765 of theRe­ Mr. SPARKS. Will the gentleman yield to me for one word T vised Statutes; the s:ud petitioners being then salaried officers of the United States, .Mr. Benjamin being clerk of the Southern claims commis ion, and .Mr. Smith being Mr. TAYLOR. Certainly I will, if I can hear the gentleman in clerk of the Committee on War Claims of the House of Representatives, the Secre. all this confusion. tary of the Treasury, under date of .Tune 3,1876, addressed a letter to Hon. Samuel Mr. SPARKS. I want simply to make an inquiry. It is whether .r. Randall, then chairman of the House Committee on Appropriations, approving <>r not the Government did take possession of this property and the recommendation of the Solicitor of the Treasury that Messrs. Smith and Ben­ jamin be paid the sum of $500 for said services, the said letter of recol'lmendation use it f being as follows, n.'tmely: Mr. TAYLOR. Of course it did. That is the statement, and the "'TREASURY DEPART~"T, -evidence is clea,r and uncontradicted. The Government took the "'Washington, D. 0., Ju.w 3, 1876. ;property, kept it and has possession of it now; and the only excuse " 'Sm: I have the honor to transmit herewith for the consideration or your com­ for not paying the man for the property is that he ought not to have mittee copy of a communication received from Henry H. Smith, late (Jerk of the Committee on "\Var Claims, House of ReJ?resentatives, and Charles F. Benjamin . .any rights which the Government is bound to respect. clerk of the commissionors of claims, 'loSking for an appropriation of $5( .()for serv­ Jlrlr. HOLMAN. Will the gentleman from Ohio allow m~ to ask ices rendered in the investigation and detection of the fraudulent clai: u of Sugg him a question f Is there a report from the Quartermaster a Depart­ Fort, of Robertson County, ~ennessee. " 'Your attention is invited to the indorsement of the honorable Solicitor of the ment showing that the Government appropriated this property to its Treasury upon the copy referred to, containing a recommendation in favor of the <>wn use! appropnation asked for. Mr. TAYLOR. Yes, sir; there is such a report. " 'Very respectfnlly, Jlrlr. HOLMAN. Is there any evidence that this man was author­ "'B. H. BRISTOW, Secretary. " ' Hon. SAMUEL .T. RANDALL, iz.ed to build this house on Government property f '''Chairman Committee on Appropriaticm.s, H01.1.8e of Representatives. Mr. TAYLOR. He did so by permiss10n; and everybody else in -the same situation haa been paid. . "'TREASURY DEPARTMENT, SOLICITOR'S OFFICE, Mr. HOLMAN. One other question. This matter was inquired " 'May 31, 1876. " 'Respectfully returned to the honorable Secretary of the Treasury. into by a board of officers on the ground. Had the Committee on '' 'I run of opinion that an appropriation of $500 should be recommended to Con­ ·Claims before them the evidence on which that board of officers acted gres_s for yayment of services performed by Henry H. Smith and Charles F. in refusing to aJJ.owthisclaim f Myfriendfromlllinois [Mr. SPARKS] .BeDjamin m the investigation of the Sngg Fort claim. wishes me. to inquire also whether there is any recommendation from " 'BLUFORD WiLSON, the Quartermaster's Department or the War Department that pay­ " '&liciWr of the J.lretUIUT'IJ.' "The recommendation was concurTed in by the Committee on Ap~ropriations, ment be made for this property T and an item appropriating said sum was reported in the sundry civil appropria­ Mr. TAYLOR. lnreplytothesequestionsicanonlysay, not having tion bill for the fiscal year ending .rnne 30, 1877, and passed the House as reported. been a member of the sub-committee, that I was informed those things ''The letter of the Secretary with the indorsement of the Solicitor, was mislaid by the House conferees on said bill, and as a. result the item was stricken out by were in evidence and were before the committee. the Senate. Application was recently made by the petitioners to the Secreta17 of The CHAIRMAN. The question is on the motion that the bill be the Treasury to renew the recommendation of his predecessor, which he decides laid aside to be reported favorably to the House. ho cannot do without a request from the Committee on Appropriations to that The question being taken, the motion was agreed to; there being­ offect, the case having once been recommended to that committee for appropria­ tion. ayes 72, noes 6. "Your committ-ee are of opinion that the amount recommended b:y the Treasury MOSES R. RUSSELL. • Department is a reasonable compensation for the services rendered. and accord­ The next business on the Private Calendar was the bill (H. R. No. ingly re~rt back the said petition for reference to the Committee on Appropria­ 2851) for the relief of Moses R. Russell. tions, With the recommendation that the following item be included in the defi­ ciency bill for the fiscal ~ear enclin~ June 30, 1882, namely: 'For the payment of The bill was read, as follows : Charles F. Benjamin and Henry H. ;::;mith for services rendered the Treasury De­ Be it enacted~. &c., That the Secretary of the Treasury be, and he is hereby, au­ partment in the investigation of the fraudulent claim of Sngg Fort, $500.' " thorized and airected to pay to .Moses R. Russell of the city of Carrollton, in Your committee, concurrin~ in the foregoing recommendation, report the accom­ Carroll County, State of Georgia, out of any money m1 the Treasury not otherwise panying bill, and recommend Its passage. .appropriated, the sum of $270, excess of revenue license to distill peaches and Mr. RANDALL. This is a rightful claim, and ought to bo paid. :apples paid by him, he having paid for said license the sum of $300 when the license fee was only $30. There being no objection, the bill was laid a..side to be reported to the House with a recommendation that it, pass. The amendment recommended by the Committee on Claims was Jlrlr. TAYLOR. I move that the committee ri e. read, as follows : The motion was agreed to. Strike out all after the words "sum of," and insert "$300 paid by him Septem· The committee accordingly rose; and the Speaker having resumed ber 11, 1868, as a. distiller of brandY. from apples and peaches exclusively, for the period of nine months, ending Apnl30, 1879!...undersection 59 of the act of.Tuly20, the chair, Mr. DAVIS, of illinois, reported that the Committee of the 1868, when by decision numbered 173 of the ·.nea.sury Department, made pursuant Whole House, having had under consideration the Private Calendar1 to section 2 of said, act, such distillers were exempted from the payment of a spe­ had directed him to report several bills with sundry recommenda. ciaJ tax." tions. The amendment was agreed to. ORDER OF BUSINESS. The bill as amended was laid aside to be reported to the House The SPEAKER. The Chair will state that at the time of the ad· with a reco:mmend~tion that it pass. joumment on last Friday several bills which had been reported on CHARLES F. BENJAMIN AND HENRY H. SMITH. that day from the Committee of the Whole House on the Private The next business on the Private Calendar was the bill (H. R. No. Calendar were not disposed of. They will now be taken up in their .3.542) for the relief of Charles F. Benjamin and Henry H. Smith. order. ,882: CONGRESSIONAL REOORD-HOUSE. 1809

--~- PRIYATE BILLS PASSED. The bill (H. R. No. 3542) for the relief of Charles F. Benjamin and Joint resolution and bills of the following titles, reported on last Henry H. Smith, reported from the Committee of the Whole House on Friday from the Committee of the Whole House on the Private Cal­ the Private Calendar with the recommendation that it do pass, was endar with a favorable recommendation, were severally taken up, ordered to be engrossed and read a third time ; and being engrossed, ordered to be engrossed for a third reading, read the third time, and it was accordingly read the third time, and passed. passed: Mr. TAYLOR moved to reconsider the votes by which the forego·. Joint resolution (H. R. No. 54) to authorize Lieutenant Henry R. ing bills were passed; and also moved that the motion to reconsider . Lemly, United States .A.:rmy, to accept a position under the Govern­ be laid on the table. ment of the United States of Colombia; The latter motion was agreed to. A bill (H. R. No. 1979) granting a pension to Samuel Burwell; and LEAVE OF ABSENCE. A bill (H. R. No. 1143) for the relief of Timothy E. Ellsworth. By unanimous consent, leave of absence was granted in the follow- JULIAETT PRESCOTT. ing cases: The next bill coming over from last Friday was tho bill (H. R. No. TQ Mr. HATCH, for the remainder of this day's legislative session; 3541) directing the issue of a check to the Pequonnock N ationalBank To Mr. HUTCHINS, for to-day j in place of one heretofore issued to J uliaett Prescott, a pensioner of ToMr. Down, forone week, onaceountofimportantbusiness; and the United States, and lost. To Mr. ScoVILLE, for ten days. Mr. RAY. I desire to offer an amendment describing more par­ ticularly this check which was lost. The striking out of the pre­ ARREST OF AMERICAN CITIZENS IN MEXICO. amble of tho bill makes this amendment necessary. I move to amend The SPEAKER, by unanimous consent, laid before the House tho by striking out, after the words "October 4, 1879," the words "as following message from the President; which was referred to the aforesaid," and inserting the following : Committee on Foreign Affairs, and ordered to be printed: Sn.id lost check being No. 134210, dated October 3, 1879, for the same amount, To the HOUile of Repruen.tati.vu: drawn by D. W. Gooeh, penaion agent at Boston, Massachusetts, payable to the I herewith transmit, in responoo to resolution of the House of Representativos order of'Juliaett Prescott and by her indorsed to said bank. of the 7th llltimo, a roport of the Secretary of State touching the arrest omd im­ The amendment was agreed to. prisonment in Mexico of Thomas Shields :md two other A.lnerican citizens, to The bill as amended wa-s ordered to be engrossed for a third read­ which that rosolution relates. CHESTER A. ARTHUR. ing, read the third time, and passed. EXECUTIVE MANSION, March 10, 1882. WALLACE W. SCREWS. SOLDIERS' DEBTS. The next bill coming over from last Friday was the bill (H. R. No. 1957) for the relief of Wallace W. Screws. Tho SPEAKER also, by unanimous consent, laid before the Housb The amendment reported from the Committee of the Whole House the following message from the President; which W!LS referred to tho .on the Private Calendar, to strike out "Wallace W. Screws" and Committee on Military Affairs, and ordered to be printed: insert "William Wallace Screws," was agreed to. To tM &nate and HOUile of Repruen.tativu: Tho bill, a-a amended, was ordered to be engrossed for a third read­ I transmit herewith for the consideration of Congress a communication from ing, read the third time, ~nd passed. the Secretary of War of the 6th instant, and acoompanying :papers, recommending the passage of an aet making certain debts incurred by soldiers a lien against their OWNERS OF STEAMER JACKSON. pay. The next bill coming over from last Friday was the bill (H. R. No. CHESTER A. ARTHUR. 215f:l) for the relief of certain owners of the steamer Jackson. EXECUTIVE MANSION, March 10, 1882. Mr. HOLMAN. I ask that this bill be read. EXPENSES OF COMMISSION. The bili wa-s read, as follows : The SPEAKER also, by unanimous consent, laid before the House Be it enacted, cfc., That the Secretary of the Treasury be, and he is hereby, au­ the following message from the President; which was referred to the thorized and directed to pay, out of any money in the Treasury not otherwise appro­ priated, to A. R. Godwm, the sum of $1,290.17; to John P. Lockey, the sum of Committee on Appropriations, and ordered to be printed: $~.~99.17; to John R. Ely & Co .• the sum of $2J580.36; to ThomasM. Whi~, sur­ To the &nate and HOUile of .Repruen.tativu: VIvmg partner ofT. & J. M. White, the sum or $2,580.36; to ~. and J. Erwin, the I transmit herewith a communication from the Secretary of the Interior of the sum ef $2,580.36; and to Ellison & Hughes, the sum of $2,580.36, with interest on 9th instant, submitting, with accompanying papers, an estimate of apJlropriation each of said sums from the 15th day of September, 1871, being the amounts then for the purpose of defraying the expenses of the commission appointed under sec­ ~nd found to be due to said parties4 which were wrongf!Jlly paid to Barnett and Fry tion 2 of the act of June 15, 1880. The matter is commended to the early action of on their bond of indemnity, wruch is now held by the Government. Congress. Mr. HOLMAN. I wish to call attention to the fact that when this CHESTER .A.. ARTHUR. bill was under consideration by the Committee of the Whole House EXECUTIVE MANSION, March 10, 1882. on the Private Calendar on Friday last the following facts appeared: PAVING AT NAVAL ACADEMY. that the Government had paid this money to parties who claimed The SPEAKER also, by unanimous consent, laid bofore tho House thoy had tho right to payment by assignment; that the Government the following message from the President; which was referred to the took a bond of indemnity in case the money was paid to the wrong Committee on Appropriations, and ordered to be printed: parties i that the question was referred to the Attorney-General as to whether the demand was validagainst the Government originally, To the Senate and HO'Uile of .Repruentativu: and it was decided that it was not. It was decided it wa-s not be­ I transmit herewith for the consideration of Congress 3 communication from the Secretary of the Navy, with accompanying papers, asking, for reasons stated by cause the vessel lost was not chartered bythe Government, but sim­ him, that Congress may be requested to maK.e 3 special appropriation for paving a ply in the employment of a freighter. On that opinion in the Com­ portion of the roadway of Hanover street, IUld curbing and paving the sidewalk mittee of the Whole House on the Private Calendar I believed the of that street on the side next the Government properly at the Naval Academy, Annapolis, Maryland. bill ought not to pass. CHESTER .A.. ARTHUR. The bill was ordered to be engrossed and read a third time ; and EXECUTIVB MANSION, March 10, 1882. being engrossed, it was accordingly read the third time. The question re001Ted on the passage of the bill. REPORT FROM THE. SECRETARY OF STATE. Mr. HOLMAN demanded a division. The SPEAKER also, by una.nimous consent, laid before the House The House divided ; and there were-ayes 76, noes 16. the following message from the President; which was referred to So the bill was passed. the Committee on Foreign Affairs, and ordered to be printed : CHARLES P. CHOUTEAU. To the HOUile of Represtntativu : The next business from the Committee of the Whole House on the I transmit; in answer to resolution of the House of Representatives of the 30th Private Calendar was the bill (H. R.No. 911) for the relief of Charles of January last, a report from the Secretary of State, with 3CCOmpanying papers. CHESTER A. ARTHUR. P. Chouteau, reported with the recommendation that it be recommit­ EXECUTIVE MANSION, March 10, 1882. ted to the Committee on Claims. Mr. HOLMAN. I move that the bill be laid on the table. VINEYARD HAVEN HARBOR. The House divided; and there were-ayee 56, noes 67. The SPEAKER also, by unanimous consent, laid before the House a So the motion was disagreed to. communication from the Secretary of War, transmitting, :.n response The bill was then recommitted to the Committee on Claims. to House resolution of January 24, 188'2, callingforinformationrela­ Mr. HOLMAN moved to reconsider the vote by which the bill was tive to the condition of Vineyard Haven Harbor, Massachusetts, a recommitted; and also moved that the motion to reconsider be laid repoct from Lieutenant-Colonel G. K. Warren, Corps of Engineers, on the table. on the subject; which was referred to the Committee on Commerce, The latter motion was agreed to. and ordered to be printed. BILLS PASSED. RAILROAD BRIDGE ACROSS SAINT JOSEPH RIYER. The amendments to bills of the following titles, reported from the The SPEAKER also, by unanimous consent, laid before the House Committee of the Whole House on the Private Calendar, were agreed a communication from the Secretary of War, in response to House to, and the bills as amended were severally ordered to be engrossed resglumou of February 7, 1882, requesting to be advised by what and read a third time ; and being engrossed, they were accordingly authority the railroad bridge across the Saint Joseph River, just at t·ead the third time, and passed: its mouth, at Saint Joseph,Michigan,ispermitted, and whether such A bill (H. R. No. 54) for the relief of Charles A. Lllko; and bridge is an impediment to navi~ation; which was referred to th~ A bill (H. R. No. 2851) for the relief of Moses R. Ru.ssell. Committee on Commerce, and ora.ered to be printed. XIII-114

' 1810 · CONGRESSION.AL RECORD-HOUSE. MARcH 10,.

~GINEERS' CHARTS, ETC. was agreed to; and also m?ved that the ~otion to reconsider be laid The SPEAKER also, by unanimous consent, laid before the House a on the table. communication from the Secretary of War, transmitting a report of The latter motion was agreed to. the Chief of Engineers in relation to the maps and charts furniBhed WILLIAM B. 3TOKES. . in compliance with House resolution of the 3d mstant, directing the 1\lr. DIBRELL, by unanimous consent, introduced a bill (H. R .. Secretarv of War to furnish for the use of the House Committee on No. 5027) for the relief of William B. Stokes; which was read a first Commerce a complete set of maps and engineer charts of the naviga­ and second time, referred to the Committee on Military Affairs, and' ble rivers and harbors of the United States; which was referred to ordered to be printed. the Committee on Commerce, and ordered to be printed. WILSON J, CRAW. RECEIPTS AND EXPENDITURES FOR 1877. Mr. TOWNSEND, of Ohio, by unanimous consent, introduced a bill (H. R. No. 50"28) for the relief of Wilson J. Craw; which was read The SPEAKER also laid before the House a letter from the Secre­ a first and second time, referred to the .Committee on Ways and tary of the Treasury, transmitting adctailedstatementofreceipt~ and expenditures of the Government for the fiscal year ending June 30, Means, and ordered to be printod. 18'17; which was laid on the table, and, 'with the accompanyingpapers, EXTE~SION OF POST-ROUTES. ordered to be printed. Mr. BINGHAM, by unanimous consent, introduced a bill (H. R, JAMES M'DERMOTE. No. 5029) authorizing the Postmaster-General in certain cases to ex­ Mr. SHALLENBERGER, by unanimous consent, introduced a bill tend post-routes; which was read a first and second 'time, referred (H. R. No. 5021) granting an increase of pension to James McDermote; to the Committee on the Post-Office and Post-Roa-ds, and ordered to. which was read a fu·st and second time, referred to the Committee be printed. on Pensions, and ordered to be printed. MIDSHIPME:Y AND CADET K~GINEERS. :Mr. CURTIN, by unanimous consent, submitted an amendment DAl\'IEL J;AJ'fiSO:Y. to the bill (H. R.No.l215) to regulate promotions, &c., in theNa.vy; Mr. HOBLITZELL, by unanimous consent, introduced a bill (H. which was referred to the Committee on Na.val Affairs, and ordered R. No. 502"2) granting a pension to Daniel Jami on; which was read to be printed. a first and second ti;:ne, referred to the Committee on Invalid Pen­ RICH.A.RD ·F. BARRETT. sions, and ordered to be printed. Mr. VAN HORN, by unanimous consent, introduced a bill (H. R. MARIA. SHULZ. No. 5030) for the relief of Richard F. Barrett; which was read a. ?til:. HOBLITZELL also, by unanimous consent, introduced a bill first and second time, referred to the Committee on Indian Affairs,. (H. R. No. 5023) granting.a pension to Maria Shulz; which was rea.d and ordered to be printed. a. first and second time, referred to the Committee on Invalid Pen­ HARRY C. .ACTON. sions, and ordered to be printed. Mr. CHAPMAN, by unanimous consent, submitted a resolution for­ MARY B. HOOK. payment of six months' salary to Harry C. Acton, post-office mes­ Mr. HOBLITZELL also, by unanimous consent, introduced a bill senger, House of Representatives, Forty-seventh Congress; which (H. R. No. 50"24) for the relief of Mary B. Hook; which was rea-d a was referred to the Committee on Accounts. first and second time, referred to the Committee on Pensions, and COLLECTION OF TAXES, DISTRICT OF COL~ffiiA. . ordered to be printed. Mr. NEAL, by unanimous consent, introduced a bill (H. R. No. JANE G. SULLIVAN. 5031) for the assessment and collection of taxes and licenses in the. 1\Ir. HOBLITZELL also, by unanimous consent, introduced a bill District of Columbia, and for other purposes; which was read a first (H. R. No. 5025) grantin~. a pension to Jane G. Sullivan; which was and second time, referred to the Committee on the District of Colum­ read a first and second time, referreil. to the Committee on Pensions, bia, and ordered to be printed. and ordered to be printed. GEORGE C. FRANTZ. PUBLIC BUILDING, PATERSON, NEW JERSEY. Mr. JACOBS, by unanimous consent, introduced a bill (H. R. No. Mr. HILL, by unanimous consent, introduced ·a bill (H. R. No. 5032) granting arrears of pension to George C. Frantz; which was. 5026) for the erection of a public building at Paterson, New Jersey; read a first and second time, referred to the Committee on Invalid which was read a first and second time, referred to the Committee Pensions, and ordered to be printed. on Public Buildings and Grounds, and ordered to be printed. MAPS OF THE UNITED STATES. IMPRISONMENT 011' .AMERICAN CITIZ.ENS. Mr. l'ILLMAN, by unanimous consent, introduced a joint re olu­ Mr. HILL. I ask leave at this time to introduce certain resolu­ tion (H. R. No. 162) authorizing 25,000 maps of the United States to. tions of the DavittNationalLandLeague, of Paterson, New Jersey, be prepared under the supervision of the Commissioner of the Gen­ in relation to the imprisonment of American citizens by the English eral Land Office for the use of Con~ess; w hlch was read a first and Governmont, which I ask to have referred to the Committee on For­ second time, referred to the Committee on Printing, and ordered to. eign Affairs, and printed in the RECORD. be printed. The SPEAKER. Without objection, the resolutions will be re­ R.A.ILRO.A.D LANDS. ferred to the Committee on Foreign Affairs, and also printed in the 1\!r. PACHECO, by unanimous consent, presented a memorial of the. RECORD. · board of city trustees and C.."hamber of Commerce of San Diego,. There was no objection. The resolutions are as follows: California, in regard to railroad lands; which was referred to fhe. 126 111A.n.KE'P STREET, P ATERSOX, NEW JERSEY, Committee on Pacific Railroads. March 6, 1882. 1\Ir. PACHECO. I ask that the memorial be printed in the REc­ .A.t a regular meeting of the Davitt National Land League of Paterson the fol­ ORD . lowing resolutions were unanimously passed: The SPEAKER. Is there objection f Resolved, That, in view of the imprisonment of .American citizens by the English 1\Ir. DUNNELL. I dislike to object to the request of the gentle.. Government not charged with auy crime, we believe it is time for Congress aud the Executive to demand their immediate trial by a jury of their peers or their man from California. But there has sprung up here lately what l unconditional release. think is an unfortunate custom of cumbering the RECORD with me­ Resolved, That we appeal to our R-epresentative, Hon. JOHN HILL, and to Con­ morials and all sorts of papers and documents. gress to take such action in the premises a-s will vindicate .American honor pro­ Mr. RANDALL. Give notice for the future and let this go in. tect .American citizenship, and establish justice, citizens of all nationalities being interested in this demand. '£here was no objection. The memorial is as follows: Resolved That these resolutions be forwarded to Hon. JOHN HILL, with there­ To the St:nate and House of .Repruentatives quest that 'be present the same to the House and give his support to such action of the United Statu in Congress a.88emble&: as will obtain the impartial justice sought. We, the board of city trustees and the Chamber of Commerce of the city of San. JOHN QUINJf. p., President. Diego, county of San :Diego, and State of California, memorialize your honorable. PETER McQ'u.L.LLEN, Vice-President. body as follows : THOS. J. HOLMES, llecOTding Secretary. First. That the material prosperity and growth in population of our city and WM. .A.SPELL, Corresponding Secretary. county are greatly and inexcusabll retardea and jeopardized by the withdrawal JOHN PURCELL, Treasurer. and withholding from settlement o public lands of the United States within said PE_x IOYERS OF THE WAR WITH 1\fEXICO, ETC. county and contiguous to said city, which lands were more than ten years ago witbd.i'awn from settlement, under and by virtue of the ~rovisions of an act of" Mr. STONE. I am instructed by the Committee on Pensions to Congress, entitled ''An act to incorporate the Texas Pacific Railroad Comp:my submit the resolution which I send to the desk and ask its adoption. and to aid in the construction of its road, and for other purposes," approved March 3, 1871, and the act supplemental thereto approved May 2, 1872, whereby ten alter­ The SPEAKER. The resolution will be read. nate sections per mile, on either side ot1 sru.d proposed road, within the State of The Clerk reacl as follows : California, were gran~1 (section 9, original act,) the number of sections opposite. Resolved, Tha.t the Secretary of the Interior be requested to prepare and have to and cot-erminous wim the completed road to be conveyed to said company printed for the use of the House an estimate of the suppo ed cost of allowing pen· whenever said company should complete the 1irst and each succeeding sootion ot sions ro all the present survivors a.nd the widows of those who may have deceased twenty consecutive miles of said railroad and put it in running order a.s a first­ of the Mexican war, and also of the Indian wars prior to 1846, with the supposed class road in all its appointments, (section 12, original act,) and in conformity to. number of such survivors and widows; also an estimate of the cost of such pen· the provisions of which, (section 12, original act,) the honorable Secreta!Jr of the. sions limited ro such survivors as shall have obtained the age of sixty-five; and Interior.!.. Oct{)ber 15, 1871, withdrew from settlement the odd sections of public lan

. I

188-2. CONGRESSIONAL RECORD-HOUSE. 1811

the express conditions that a. thro"Q.p;h and independent line of said road should be CONTEMPTS IN CERTAIN CASES. oonstructed and in complete running order from a point near Marshall in the State of Texas, as near as practicable along the line of the ~-second parallel Mr. WISE, of Virginia, by unanimous consent, introd~ed a bill io ship's channel in the bay of San Diego, in the State of California, (section 1, (H. R. No. 5037) to define and punish contempts in certain cases; original act,) wit.hin ten years from the 2d da,y of May, 1872, (section 5, supple­ which was read a first and second time, referred to the Committee mental act,) and that said company should commence the construction of said road on the Judiciary, and ordered to be printed. from said San Diego eastward within one year from May 2, 1872, and construct not less than twenty-five miles per annum m continuous line thereafter between REPRINTING OF BILLS. San Diego and the Colorado River until the junction sliould be formed with the line from the east at the latter point or east thereof, (section 5, supplemental act,) . :Mr. HENDERSON. I ask unanimous consent that House bills and upon the further express condition that no consolidation should be made by Nos. 133 and 203, relating to interstate commeroe, be reprinted. The said company with any competing through line of railroad to the Pacific Ocean, files are exhausted and there are a great many applications for them. (section 4, original act.) There was no objection, and it was so ordered. Third. That said 1·ailroad company has not constructed any part of said road in the State of California. RALPH SPENCER. Fourth. Thatsaidrailroadcompanyhas (as your memorialist-s are informed and Mr. CONVERSE, by unanimous consent, introduced a bill (H. R. believe) for a. large and valuable consideration disposed of, transferred, and as· No. 038) granting a pension to Ralph Spencer,· which was read a signed to the Southern Pacific Railroad, a competing line of railroa4l wlrioh has 5 already had the benefit of a. land grant of ten alternat-e sections per mile on either first and second time, referred to the Committee on Invalid Pensi_(}ns, side of said road diagonally through said county of San Diego, (section 23, original and ordered to be printed. f:!d~~d act of .July 27, 1866,) all their franchiSes and contingent interest in said MARIA SALTSMAN. Fifth. That the lands within said county so withheld from settlement are in Mr. CONVERSE also, by unanimous consent, introduced a bill (H. area more than one million acres, a large part of which are valuable for general R. No. 5039) for the relief of Maria Saltsman; which was read a first agricultural purposes; and if open to settlement under the public laws of the and second time, referred to the Committee on Invalid Pensions, and United States would speedily be settled upon, occupied, and improved. Wherefore we pray th~~jt so much of said act and supplemental act as relates to ordered to be printed. granting to said company or their assigns lands in the State of California. be re· POLYGAMY. ~~t!:.• and said lands restor6Q to settlement under the land laws of the United Mr. ROBINSON, of Massachusetts. I ask unanimous consent that Signe-d anill (H. R. lating to these lands in whicli the United States and the interest of the United No. 985) granting a pension to James O'Connor. States have been fairly, properly, and adequately represented in court; and The bill was read, as follows : Whereas the said settlers desire that the United States may be fairly and fnlly Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ represented in the court : Therefore, ized and directed to place on the pension-roll, subject to the provisions andlitp.ita.­ Be it resolved by the house of representatives of the State of Iowa, (the senate con­ tions of the pension laws, the name of .James O'Connor, late first lieutenant Com. curring,) That our Senators and Representatives in Congress be earnestly requested pany F, Twenty-seventh Regiment Missouri Volunteers. to exert themselves to secure the prompt ~assag_e of a bill which shall in some way provide that the Attorney-General of the Unitea States shall immediately institute There being no objection, the bill was laid aside to be reported proceedings, or cause such proceedings to be commenced at once, by action either favorably to the House. m equity or at law, as may be deemed be t, and appear in the name of the United State so as to remove all claims from thetitleofsaidlands, and that in such action LEVI ANDERSON. or actions to be instituted as afores

1812 CONGRESSIONAL RECORD-HOUS-E. MARcH 10,

ANDREAS GUILLE. ations of the pension laws, the name of Mary J. Stover, as widow of the late Col­ onel Daniel Stover, of the Fourth Tennesseelnfa.ntry Volunteers, and that she be The nut pension bill on the Private Calendar was the_ bill (H. R. paid the pension her~fore allowed her. No. 1340') granting an increase of pension to Andreas Gmlle. The committee recommend that the bill be amended so as to reab. T~ bill was read, as follows : • "and that she be paid 30 a month from the pa-ssage of this act." Be it enacted., etc., That the pension of .Andreas Gnille, late a corporal of Co~­ The amendment was agreed to, and the bill as amended was laid :pany K Ninety--seventh Regiment of Ohio Volunteers, of$18 per month, foranm­ aside to be reported· favorably to the House. Jury to ius hand be increased to $50 per month .bY. reason ~fan additional wo~d received in the fuJ.e of duty at the battle of MissiOnary R1dge, from a burstiD;g CAROLINE HILGEMANN. shell, which carried awl\y his entire nose, upper lip_, a~d teeth, and p~ of his upper j.aw-bone; and that the Secretary of the Intenpr 18 hereby authonzed and The next pension bill on the Private Calendar was the bill (H. R. directed to place his name on the peDSlon-roll at said moreased rate. No. 1359) granting a pension to Mrs. Caroline Hilgemann. Mr. DAWES. The name is given incorrectly in the bill. Instead The bill was read, as follows : of "Andreas" it should be" Andros." Th{' correction of the name Be it eniUted, etc., That the Secreta.ry of the Interior be, and he is herebyt. author­ ized and directed to place on the pens1on-roll, subJ!l~t to the provisions ann limita­ should he made in th*' bill and in the title. tions of the pension laws, the name of Mrs Caroline Hiigemann, mother of .John The amendments were agreed to. • . and Charles Behm, late of Comp'my C, Thirty-seventh Regiment Ohio Volunteer The Committee on Invalid Pensions also recommend that the bill Infantry. be amended by striking out "$50" and inserting '' $36" as the amount There being no objection, the bill was laid aside to be reporlecl of pension per month. favorably to the Honse. The amendment was agreed to; and the bill as amended was laid ANDREW J. MORRISON, aside to be reported favorably to the House. The next pension bill on the Private Calendar was the bill (H. R. AUGUSTUS LEl\1PP. No. 2142) granting arrearages of pension to Andrew J. Morrison ; re­ The next bill on the Private Calendar was the bill (H. R. No.1241) ported adversely by Mr. JOYCE. granting: an increase of pension to Augustus Lempp. Mr. JOYCE. I ask consent that that bill be passed over inform­ The b1ll was read, as follows: ally for the present. Be it enacted etc. That the Secretary of the Interior be, and ho is hereby, author­ There was no objection, and it wa-s so ordered. ized and direc~d u;increBSe the pension of Augustus Lempp, late of Company D, ?tiARY JOYCE. Seventy-fourth Reaiplent Pennsylvania Volunteers, to $18 per month, the amount he was receiving up t'O 1874, for disease and injury contracted in the ~taryservico The next pension bill on the Private Calendar was the bill (H. R. of the United Sflates; said pension rate to date from its reduction m 1874. No. 1303) granting a pension to Mary Joyce. The Committee on Invalid Pensions recommend that the bill be The bill was read, as follows : amended by striking out the words "said pension rate to date from Be it enacted, d.-e., That the Soore~ofthe Interior be, and he is hereby, author­ ized and directed to place on thepens1on-roll, subject to tho provisions and limita­ its reduction in 1874." .._. tions of the pension laws, the name of Mary .Joyce, mother of .John Joyce, late The amendment was agreed to ; and the bill a-s amended wa-s laid first sergeant of Comp:my E, Second Kentucky Volunteer Infantry. aBide to be reported favorably to the House. Tho:Je being no objection, the bill was laid aside to be reported N. H. RICHTER. favorably to tbe House. The next pension bill on the Private Calendar was the bill (H. R. JOSEPHUS HAWLEY. No. 2268) for the relief of N.H. Richter. The next business on the Private Calendar was the bill (H. R. No. The bill was read, as follows: 3277) for the relief of Josephus Hawley. Be \t enacted, etc., That the Secr~ta17 of the Interior be, and he is hereby, author­ The bill was read, as follows : ized and directed to place on the p_ens1on-roll, subject to the conditions and limita· Be it enactsd etc., That the pension agent fbr the district of Iowa be, and is tiona of the pensien laws of the United States, the name of N. H. Richter, late of hereby, authonzed1 and required to issue to .Josephus Hawley, of Dnnlap, in the Company D, Fifty-seventh Regiment Indiana Volunteer Infantry. State of Iowa, aEluplica.te of his check for $1,719.47, dated March.22~.1881, and pay­ able to the order of said Josephus Hawloy, after said Hawley 8lllW furnish suffi­ There being no objection, the bill was laid a-side to be reported cient proof of the loss and non-reception by him and non-payment of said original favorably to the Hou.se, check. ALMIRA FARNSWORTH. There being no objection, the bill wa-s laid aside to be reported The ne:rl pension bill on the Private Calendar was the bill (H. R. favorably to the House. No~ 244) for the relief of Mrs. Almira Farnsworth. WILLIAM R. PERDUE. The bill was rea{!, as follows: The next business on the Private Calendar was the bill(H. R. Ne. Be it enacted., d:-c., That the Secretary ofthe Interior be, and he hereby is, author­ 1468) granting a pension to William R. Perdue; reported adversely ized and directed to pnt the name of Mrs. Almira Fa.rnswerth on the pension-roll, by Mr. JOYCE. subject in all respects to the provisions and limitations of the pension laws. Mr. CALKINS. I ask consent that that bill be paSBed over infor­ There being no objection, the bill was laid aside to be reported mally for the present. favorably to tlie House. There was no objectien, and it was so ordered. CORNELIA A. SCHULTZ. MARY BLOWERS. The next pension bill on the Private Calender was the bill (H. R. The next business on the Private Calendar was the bill (H. R. No. No. 1430) granting a pension to Cornelia A. Schultz. 1288) granting a pension to Mary Blowers. The bill wa-s read, as fellows : The bill was read, as follows : Be it8111.aeted, ci;c., That the Secretary ofthelnterior be, and he is hereby, author­ Be it enacted, etc., That the Secretary of the Interior be, and is hereby author­ ized and directed to place on the pension-roll1 snbject to the provisions and limita­ ized to place on the pension-roll the name of Mary Blowers, widow of James Blowers, tions of the pension laws, the nameofCorneliaA. Schultz, andpaythesa.idCorne­ late a private in Battery B, ]'irst Regiment ofWest Virginia Volunteer Artillery. lia A. Schultz a pensicm at the rate of $20 per month. The bill wn.s laid aside to be reJ:orted to the House with a recom­ The committee recommend that the bill be amended by striking mendation that it do pass. out the words "subject to the provisions and limitations of the pen­ sion laws.'-' . SU10N J. FOUGHT. The amendment was agreed to; and the bill as amended was laid The next business on the Private Calendar was the bill (H. R. No. a-side to be reported favorably to the House. 2100) granting an increase of pension to Simon J. Fought. The bill was read, as follows : RICHARD M. BAKER. Be it enacted, cl:c., That the Secretary of the Interior be, and he is hereby, author­ The next pension bill on ilhe Private Calendar was the bill (H. R. ized and directed to grant an increase of pension to Simen .J. Fought, formerly a No. 2258) granting a pension to Richard M. Baker. corporal of Company-n, of the Forty-sixth Regiment of Ohio Volunteers, equal to The bill was read, as follows: the special rate provided for the loss of both hands or both feet, or the sight of both eyes, by act of Congress, approved June 17, 1878. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, author­ ized and directed to place on the pension-roll, subject to the provisions and limita­ The amendment recommended by the Committee on Invalid Pen­ tions of the pension laws, the name of Richard M. Baker, late of the One hundred sions was read, as follows : and fifteenth Indiana Volunteers, to be paid at the rate of $18 a month from the Strike out the words "equal to the special rate provided for the loss of both 4th day of July, 1863. hands or both feet, or the sight of both eyes, by act of Congress, approved .r one 17, The committee recommend that the bill be amended bv striking 1878," and insert "to $30 per month." out the words "late of the One hundred and fifteenth Indiana Vol­ The amendment was agreed to. unteers, to be paid at the rate of 18 per month from the 4th day of The bill us amended was laid aside to be reported to the House with July 1863." a recommendation that it do pass. The amendment wa-s agreed to, and the bill as amended was laid aside to be reported favorably to the House. SYLVADOR JACKSON. The next business on the Private Calendar was the bill (H. R. No. ?tiARY J. STOVER. 1337) granting a pension to Sylvador Jackson. The next ;pension bill on the Private Calendar was the bill (H. R. The bill was read, as follows : No. 3106) restoring the name of M~ry J. Stover to the pension-roll. Be it enacted, ci;c., That the Secretary of the Interior be and he is herebl, g,uthor­ The bill was read, as follows : · ized and directed to place on the pension-roll, subject to the provisions o the pen­ sion laws, tlte name of Sylvador .Jackson, who was special agent and acting deputy Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, author­ provost-marshal of the thirteenth district of Ohio frOm the lOth day of July, A. U. ked ood directed to restore to the pension-roll, subject to the provisions and limit- 1863, to May 1, 1865 .

. 1882. CONG~ESSIONAL RECORD-HOUSE. 1813

The amendment recommended by the Committee on Invalid Pen­ Mr. LATHAM. As I introduced this bill, and probably may not sions-was read, as follows: be present when the bill is brought up again if it shotrld now be laid At the end of the bill strike out the words "from the lOth day of July, .A.. D. aside, I prefer that it be taken up and disposed of at this time. 1863, to May 1, 1805." The CHAIRMAN. Does the gentleman object to its being laid The amendment was agreed to. aside informally T The bill as amended was laid aside to be reported to the House with lli. LATHAM. If it be passed over informally it probably will a recommendation that it do pass. not be reached again during this evening session, which will deprive me of an opportunity to expla.in the bill. ELI D. WATKINS. Mr. BROWNE. I will say to the gentleman that under the order The next business on the Private Calemlar was the bill (H. R. of the House we meet for pension business on each Friday evening No. 2031) for the relief of Eli D. Watkins. of the session until the order be revoked. On the next evening we The bill was read, as follows: shall reach this case, and if the gentleman will only co-oper-<~.te with Be it enacted, ~c., That the SecJ·eta.ry of the Interior be smd he is hereby, author­ me and get his friends here so that we may have a quortim, we can ized and directed to increase the pensjon now paid Eli D. Watkins, late a private dispose of the bill, and pass it, too. ·we cannot pass it no«r if any in the Fifth Regiment Kentucky Cavalry Volunteers, from $31.25 per month to $72 gentleman is disposed to make the point that there is no quorum. per month, on account of total disability resulting from the loss of one leg and loss of the use of the other leg while in the military service aforesaid. Mr. LATHAM. Of course if such a disposition were indicated it would end the matter at once. The amendment recommended. by the Committee on Invalid Pen­ lli. BROWNE. My friend from Tennessee [Mr. McMILLIN] has sions was read, as follows : already admonished the House that this bill cannot pass without the Strike out "$72" and all the following words to the end of the bill, and insert presence of a quorum. in lieu thereof 11 the rate of pensjon now allowed by law for the loss of both legs.'·' lli. LATHAM. I am sorry the gentleman from Tennessee takes Tho amendment was agreed to. that position, for this is a most meritorious bill. The bill as amended was laid aside to be reported to the House with lli. Mc~llLLIN. This bill sets a precedent which in my judgment a recommendation that it do pass. ought not to be set, by pensioning the widow of a person who was ELIZABETH WIRT GOLDSBOROUGH. not in any sorvice of the United States i. and for one I feel that I would not discharge my duty if I should et such an example be set The next business on the Private Calendar was th~ bill (H. R. No. without having a decisive vote of a full House upon the question. 3866,) granting a pension to Elizabeth Wirt Goldsborough. The CHAIRMAN. In the absence of objection, the bill will be laid The bill was read, as follows: aside informally, retaining its place on the Calendar. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ ized and directed to place on the penSion-roll, sub,ject to the provisions and limita.­ KATE L. USHER. tions of the pension laws, the name of Elizabeth Wirt Goldsborough, widow of the The next business on the Private Calendar was the bill (H. R. No. late Re::tr· Admiral Goldsborough, and pay her a. pension of $50 per month from and after the passa~e of this act. 1206) granting a pension to Mrs. Kate L. Usher. The bill was read, as follows : Mr. JOYCE. I understand that the Senate has just pa-ssed a bill Be it enacted., ~-.That the Secretary of the Interior be, and he is hereby, 31llthor­ ~ra.utin~ a pension to Mrs. Goldsborough, and that it is now on the ized and directed to place on the pens10n-roll the name of Kate L. Usher, who is t>peaker's table. I would be glad to have unanimous consent to sub­ the widow of the late Captain James D. Usher, of the United States Revenue Marine stitute that bill for this. Service, at the rat.e now paid the widows of officers of corresponding rank in the TheCHAIRMAN. ThatcannotbedoneinCommitteeoftheWholo. United States Army. .Mr. JOYCE. Then this bill can be reported to the House favorably, Mr. VANCE. I move to strike out "Army" and insert· "Navy." and the House can make the substitution. The amendment was agreed to. The bill was laid aside to be reported to the House with a rccom­ The bill as amended was laid aside to be reported to the House with menda.tion that it do pass. the recommendation that it do pa-ss. ELIZABETH 8. M. FINLEY. OPHELIA E. SIMMONiJ. The next business on the Private Calendar was the bill (H. R. No. The next business on the Private Calendar was the bftl. (H. R. No. .K6 7) granting a pension to Elizabeth S. M. Finley. 709) granting a pension to Ophelia E. Simmons . The bill was read, as follows : The bill was !ead, as follows : Be itena.cted, ~c. , That the Secretary of the Interior be, and he is hereby, author­ Be it enacttd, ~c. , That the Secretary of the Interior be, and he is hereb;y, author­ ized and directed to pL'tce on the pens10n-roll the name of Elizabeth S. M. Finley, ized and directed to place the name of Ophelia E. Simmons, witlow of Vavid .A. widow of Clement .A: Finley, late Surgeon-General of the United States Army, and Simmons, who was a master's mate in the Navy during the late war, on the pen,sion­ ~~[ her a pension at the rate of $50 per month from and after the passage of this roll, subject to the provisions and limitations of the pension 1..-l.ws. The bill was laid aside to be reported to the House with the recom­ The blll was laid aside to be reported to the House with a recom­ mendation that it do pass. rn ond!ttion that it do pass. STEPHE~ GARDNER. WIDOWS OF JOH...~ R. GALE AND OTHERS. The next busines on the Private Calendar was the bill (H. R. No. l'he next business on the Private Calendar was the bill (H. R. No. 794) granting a pension to Stephen Gardner. 1218) for the relief ofthe widows of John R. Gale, Spencer D. Gray, The bill wa-s read, as follows: Lemuel Griggs, Malachi J. Brumsey, I. Mundin, Lewis White, and Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ George W. Wilson, of North C¥olina. ized and directed to place on the pension-roll, subject to the provisions and limita­ tions of the pension laws, the name of Stephen Gardner, late a private in Company The bill was read, as follows: D, Tenth Regiment .Michigan Volunteer Infantry. B e it enacted, &c., That the Secret.vy of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and The bill was laid aside to be reported to the House with the recom­ limitations of the pension laws, the names of the widow of John R. Gale, widow mendation that it do pass. of Spencer D. Gray, widow of Lemuel Griggs, widow of Malachi J. Brumsey, widow of I. Mundin, widow of Lewis White, and widow of George W. Wilson, GEQRGE ANDREWS. and in the event of no widow of said persons then the minor children of ~id p:a-­ The next business on the Private Calendar was the bill (H. R. No. ties be placed on said pension-roll, and that they be paid re.'lpectivcly the same 642) gra,nting a pension to George Andr~ws. pension that is by law allowed to sailors in the United States Navy; the said John B. GaJe, Spencer D. Gray, Lemuel Griggs, Malachi J. Brumsey, L Mundin, Lewis The bill was read, as follows: "White, and George W. Wilson having lost their live near life-saving station No. Be it enact&d, ~c., That the Secretary of the Interior be, and he is hereby, author­ ~~ coast of North Carolina, in ende..worin&:!o save the crew of the ~tallim bark ized and directed to place on the pens10n-roll, subject to the provisions and limita­ ~uora Ottavia, wrecked on the 1st day of .M.arch, 1876. tions of the pension laws, the name of George Andrews, late a private in the Soixt.h Maine Battery of .Artillery in the late wa.r of the rebellion; this act to take eflect Mr. ATHERTON. I should like to ask a single question in regard and be in force from and after its passage. to this bill. The bill was laid aside to be reported to the House with<~the recom­ Mr. 1\IcMJLLIN. I desire to make a motion which will I think mendation that it do pass. bring out the necessary explanation of the facts. This bill proposes to put on the pension-rolls the widows of persons who were never in SARAH A. HOOPER. the military service of the United States. It proposes also to pen.:. The next business on the Private Calendar was the bill (H. R. No. sion the widow of one man who was never in any service of the 4182) granting a pension to Sarah A. Hooper. United States. I therefore call for the reading of the report. The bill was read, as follows: Mr. CALKINS. Let me ask that this bill be laid aside tempo­ Be it enacted, ~c., That the Secretary of the Interior is hereby directed to place rarily, not to lose its place on the Calendar. on the pension-roll the name of Sarah A. Hooper, mother of Ransom W. Hooper, Mr. ATHERTON. I suggest that if any children are to be pen­ late a private in Company D, Ninth Tennessee Cavalry, subject to the restrictions sioned they ought to be those under sixteen years of age, so as to of the pension laws. make tkis bill correspond with the ge:qeral provision of our pensjon The bill wa-s laid aside to be reported to the House with the recom­ laws. mendation that it do pass. 1\Ir . .McMILLIN. I have no objection to the adoption of the sug­ JULIA A. ROSS. gestion made by the gentleman from Indiana, [1\Ir. CALKINS,] for I The next business on the Private Calendar was the bill (H. R. No. should not consent to the passage of the bill without the presence 307 4) granting a pension to Julia A. Ross. of a quorum. The bill was read, as follows: The CHAIRMAN. If there be no objection, the bill will be laid Be it enacted, ~c., That the Secretarr of the Interior be\~d he is, hereby, author­ aside informally. ized and directed to place on the pension-roll, subject to we provtsions a.Bd limita- 1814 CONGRESSIONAL RECORD- HOUSE. MARcH 10, tions of the p~sion laws, the name of Julia A. Ross, widow of Michael M. Ross~ THOMAS J. COFER. late a private in Company I, First United States Artillery, and who died in saiu service August 10, 1852. The next business on the Private Calenclar was the bill (H. R. No. The bill was laid aside to be reported totheHouso with the recom­ 2260) granting a pension to ThomM J. Cofer. · mendation that it do pass. The bill is as follows : Be it enacted fie., That the Secretary of the Interior be, and he is hereby~ n.uthor­ SARA.H LUPKIN l!IERCiiA:NT. ized and directed to place on the pension-roll, subject to the provisions anu limita­ Th~ next business on the Private Calendar was the bill (H. R. No. tions of the :J,>ension laws the name of Thomas J. Cofer, late captain of Company I, Ninth Indiana Ca>alry, at the rate of $18 per month, to begin on the 9th day ol 1435) granting a pension to Sarah Lupkin Merchant. June, 1862. The bill was read, as follows : The committee recommend t,he following amendmont : Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ ized and directed to place on the pension-roll the name of Mrs. Sarah Lupkin Mer­ Strike out the words "at the rate of $18 per month, to begin on the 9th day o-f chant, widow of General Charles L. Merchant, late of the United States Army, June, 1862," and insert " at the rate allowod a private soldier for a like disability.'· deceased, at $50 per month. The amendment was agreed to. The committee recommend an amendment striking out " 50" and The bill as amended was laid aside to be reported to the House witlt inserting in lieu thereof "$30." the recommendation that it do pass. Mr. WHEELER. Mr. Chairman, I hope the amendment proposed CAROLINE CHASE. IJy the committee to strike out $50 and insert $30 will n"ut be insisted upon. The next business on the Private Calendar was the bill (H. R. No. Mrs. Merchant is the widow of an officer who served his country 2088) granting a pension to Caroline Chase. with honor and distinction for the continuous period of sixty-nine The bill is as fol).ows : years. She is now a lady of eighty to eighty-five years, and wa-sthe Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, author­ ized and directed to place on the pension-roll the name of Caroline Chase, foster wif~ of a valuable public servant for the period of over sixty years. mother of Charles Gildersleeve, late a private in the Fortieth R~giment New York Like all officers of the Army, the yearly pay was consumed, and Volunteers, who was killed in the service of the United States, subject to the pro­ this excellent old lady is left entirely dependent upon her children visions and limitations of the pension laws. for support. The committee recommend that the bill b~ amended by illserting It seems to me it must have been an inadvertence and a want of at the end of the bill the following words: knowledge of the facts which caused the committee to propose Except that said Caroline Chase shall stand in the place and stoad of the oow­ changing the pension from $50 to $30. In actual money it would ral mother of said Charles Gildersleeve. make !Jut little difference. to the Government to leave this at $50, an The amendment was agreed to. amount, which is frequently granted in the House to widows of an The bill as amended was laid aside to be reported to the House with. age and. ~:>tieugtL which enables them in a measure to provide for the I'ecomme.ndation that it do pa s. themselve:,1 ;~! . d WlH) at le a.'lt are able to do something toward their WILLIAM J. LEE. own support. 'fh11:~ 1auy can do nothing. The next business on the Prlvate Calendar was the bill (H. R. No. I am in favor 01 rules regulating penswns, but it does seem that 20S9) granting a pension to William J. Lee. I this case has marked exceptionable features. A feeble old lady, who though we hope may live and enjoy a long ripe old age, yet the The bill is as follows : Be it enacted., &c., That the Secretary of the Interior be and he is hereby, author­ natural course of events admonishes us that she mnst soon follow to ized and directed to place on the pens1on-roll the name ot1 William J. Lee, late oon­ the grave her husband and, I will add, two noble sons, whose lives :fi.dential scout and guide, headquarters Army of the Potoma.,, at the rate of $12 were sacrificed in the service of our country. per month, to date from the 18th of December, 1865 J or, in lieu thereof, a sum n&t Where have we instances like this t It could never be a precedent. to exceed $10,000, which sum shall be in full liquiuation of any and all claim the Where will we find such a case of honorable, distinguished, and con­ said Lee may have against the United States for services as above alleged. tinuous service 1 '£he history of our country, and I can add the his­ The committee recommend the following amendment: tory of few countries, can cite us to many such periods of service Strike out all after the words, in the sixth line, beginning "at the rate of $12 per month," to the end of the bill, and insert in lieu thereof'' subject to the provisions during this or even durin~ past centuries. and limitations of the pension laws." I hope t.he House will g1ve favorable consideration to these views, and pass the bill allowing this lady the proposed pension for the The amendment was agrf\ed to. short time they will IJe able to give any recognition to her for the The bill as amended was laid aside to be reported to the House with services rendered to our country by her husband and children. the recommendation that it do pass. Mr. MATSON. Mr. Chairman, this matter was fully considered WILLIA.M A. GARDNER. in the Committee 011 Invalid Pensions, and the very views stated by The next business on the Private Calendar was the bill (H. R. No. the gentleman from Alabama I attempted to urge upon that com­ 662) authorizing a duplicate check in payment of pension to William mittee. The committee in undertaking to dispose of a large number A. Gardner, of Frederick County, Maryland, in lieu of one lost. of pension cases have fixed, as far as they can, certain rules by which The bill is as follows : they propose to be governed. The widow of General Merchant, who B'l it enacted, &c., That the Secretary of the Treasury be, and he is hereby, was a general by b1·evet, is allowed by this bill the full pension of a authorized to cause to be issued to William A. Gardner, of Frederick Countr colonei,which was his real rankin the Army at the time of his retire­ Maryland, a duplicate check for the sum of $1,440.80, in lieu of a oheck for Bal~ ment. It appears by the Army Register that Colonel Merchant was amount numbered 190351, dated July 9, 1880, drawn by John S. Witcher, United States pension agent, upon the assidtant treasurer at New York, and heretofoEe retired from active service sixteen years ago, and because of the fact lost in transmission through the mails: ProrJided, That the Secretary of the bebad drawn from the Government pay for sixteen years prior to his Treasury shall be satisfied, by proof, of the loss of said original cheok, and tb9 death, and had rendered no service therefor, the committee thought eaid William A. Gardner shall execute and deliver a bond, with security~!~~ the full pension to his widow given to him as of his real rank was proved by the said Sooretary, for double the amount of said check, to ind · all to which he was entitled. Therefore they determined to strike the United States. out "$50" and insert" $30.'' I hope the committee will be sustained, The bill was laid aside to be reported to the House with the recom- although I took the contrary view in committee. mendation that it do pass. · JO~ F. CHASE. Mr. BRO~~- 1 hope it will be sustained because it is both right and l'iberal. The next business on the Private Calendar was the bill (H. R. No. The amendment was agreed to. 420'2) granting an increase of pension to John F. Chase. Mr. MATSON. 1 want to move a formal amendment, if it be neces­ The bill is as follows : sary. I understand from the reading of the bill that it proposes to Be it enacted, &c., That the pension of $24 a. month now paid to John F. Chase, grant a pension to adifferentperRon. It is spelled in the bill, I under­ late a private in the Fifth Maine Battery, be inoreased to $36 a. month, such increase stand, "Lupkiu." It should be Lumpkin. to commence from and after the passage of this act. The CHAIRMAN. The correction will be made. The bill was laid aside to be reported to the House with the recom­ The bill as amended was laid aside to be reported to the House with mendation that it do pass. the recommendation that it do pass. BURTON ARMSTROXG.

~XA. :\f. MARSHALL. The next business on the Private Calendar was the bill (H. R. No. The next business on the Private Calendar was the bill (H. R. No. 2559) granting an increase ofpension to Burton Armstrong. 2491) for the relief of .Anna .M. Marshall. The bill was read, as follows : The bill is as follows : Be it enacted, &c. , That the pension now allowed by law to Burton Armstrong late a private in Company G, Forty-first Regiment Ohio Volunteer Infantrv, . B e it en~cted, c!--c., That the Oommi.ssioner of P ensions be, ll?d is hereby, author­ oo: Ized and directed to place the name of Anna. M. Marshall, mdow of Captain P. S. and the same is hereby, increased to the sum of $50 per month from the ti.ID.e he Marshall, on the pension-roll as a pensioner, and that she be entitled to draw her was entitled to receive a pension under the eruting la.ws of the United Stat~. pension from the date of the death of her husband, and at the rate of $20 per month. The committee recommend the following amendment: The committee recolllilleud Lhe following amendment: Strike out, in line 6, the word "fifty" and insert in lieu thereof tb e word "thir­ Strike out in the sixth, seventh, and eight lines the words " and that she be t,een ;" and also strike out aJl after the words ''per month,'' in line 6, and insert ill. entitled to draw her pension from the date of the death of her husband, and at the lieu thereof ' ' to date from the passage of the bill;'' so that as amended the bill will rate of $20 per month," and insert at the end of the bill "subject to the provisions read: and limitations of the pension laws .. , " That the pension now allowed by law to Burton Armstrong, late a private m Company G, Forty-:fi.ratRegiment Ohio Volunteer Infantry, be, and the same ill The amendment was agreed to. ~~~y, mcreased to the sum of $13 per month, to date from. the P&a.!l9.&6 of th6 The bill as amended was laid aside to be reported to the House with the ncommendation that it do pass. · The amendments were agreed to. 1882. OON-GR~SSIONAL REOORD- HOUSE. 1815

The bill as amended was laid aside to be reported to the House with pany H, Thirty-third Re~ent Ohio Volunteers: Elihu A. Mason, late of Com- ,.,b d ti th t "t .:1 ~ pany· K, Twe~~-first Ohio Volunteers; and ·l,Ulchael Slavens, widow of Samuel "' e recommen a on a 1 uv pass. Slavens, a soldier executed at Atlanta, Georgia, by the confederate authorities, BOSE'ITA L. M'KAY. June 18,1862: Pr01Jided, That the pensions hereby ~nted shall be in lieu of aJl iness on the Private Calendar was the bill (H. R. N • other pensions that have been granted to or are clamied b,Y any of the above-named The next bus 0 persons under the provisions and limitations of the pens1onlil.ws. '1225) granting a penaion to Mrs. Rosetta L. 'Mc.Kay. Mr. DAWES. I should like unanimous con~nt to make a verba] The bill is as follows: amendme,nt by inserting the words "Company E, Thirty-third Regi- B"- it enacted, cl:c., That the Secretary of the Interior be, and he is hereby, author- ment 0 hio Volunteers," after the name '' Samuel Slavens," in line 17. •tzed and directed to place on the pension-roll, to date from December 6, 1871, sub- Th CH.Affi""~" A 1\.T will .:1 ject to the provisions and limitations of the pension laws, the name of Rosetta L. e .l.l.Lii.l..'i. The amendment . be considered as auopted .McKay, moth~ of Fred A. McKay, who was second lieutenant of Company E, if there be no objection. J.t'orty-first Regiment Ohio Volunteers, and who died December 6, 1871, from dis- There was no objection. . ·ease contracted in the line of duty in the military service of the United States. lli. McCOID. I desire to amend the bill further by inRerting the The committee recommend the following amendment : words "William Reddick, late of Company B, Thirty-third Regiment Amend by striking out, in lines 4 and 5, the words "to date from December 6, Ohio Volunteers," after the word "volunteers," in line 6. 1871." Mr. McMILLIN. Has the claim of the individual been before the The amendment was agreed to. committee t The bill as amended was laid aside to be reported to the House with Mr. McCOID. I am not informed. ·the recommendation that it do pass. Mr. DAWES. I have received such evidence as satisfies me that ELIJAH w. pru,~-y. he was one of this party. h p · c 1 d h bill (H Mr. McMILLIN. I am inclined to think this bill oughttotakethe The next business on t e nvate a en ar wast e · R. No. same course as that pensioning the parties in North Carolina, which ·2005) to increase the pension of Elijah W. Penny. we have passed over informally. The bill is as follows: Mr. BROWNE. Let the Clerk report the amendment. Be it enacted, cf:c. , That the Secretary of the Interior be, and he is hereby, author- The Clerk read the amendment. ized and directed to increase the pension of Elijah W. Penny, late lieutenant-colonel •of the One hundred and thirtieth RegimentofindianaVolunteers, so that he shall Mr. :McCOID. I wish to say to the committee that the name of be entitled to receive the rate allowed to persons of the rank of lieutenant-colonel William Reddick has been omitted. He was one of these men and lby existing laws to those wholly dis.'l.bled while in the service of the United States. acted with them all through. The omission of his name is a mistake. The committee recommend the following amendment: It is bnt justice to him he should be included in the same bill. Strike out all nfter the word " volunteers," in the sixth line, and insert in lieu Mr. McMILLIN. I think this bill should take the same course as rthereof " to $36 per month." the bill for the relief of parties from North Carolina has done; and The amendment was agreed to. I give my reason fol" it. I do not desire to obstruct the businesa The bill as amended was laid a ide to be reported to the House with here and have not made any captious fight upon any small claim rthe recommendation that it do pass. that is pending here. But this violates what has been the rule of HENRY BINN.A..'UOY. this House in a number of cases heretofore in this respect. Anum- ber of these parties had already been pensioned at a certain rate; at The next business on the Private Calendar was the bill (H. R. No. the rate :fixed for the disability that they have contracted in the "243)'to increase the pension of Henry Binnamon. service they have rendered. The cases of others are still before the The committee recommend the following amendment: Pension Office, and Congress is asked to do in these cases what it has Strike out the word "five "in line 4 and insert "four·" also strike out" fifty" :f: d t 0 d 0 h t ~ It 18· t · 1 1-~- 1"ts If urt 0 f "in line 4, and insert " thirty-~ix" in li~u thereof; so that' the bill as amendorl. will re use ere o~ore. no sunp Y maiU.llg e a co ·read: appeal from the Pension Office, but it is absolutely taking out of the "That the pension of Henry Binnamon be, and the same hereby is, increased hands of the Pension Office the cases of a number of those who are !from $24 to $36 per month; and the Secretary of the Interior is hereby authorized app\1~9/or pensions there before receiving final disposition. I do 'to place his name on the rolls at snch increased sum." not · it is right. Th~ committee have enough to do if they sim- The amendments were agreed to. ply take the cases when they have been finally disposed of in the Pen- 'rhe bill as amended was laid a.f:!ide to be reported to the House with sion Office. I hope there will be no objection to this bill going over. lthe recommendation that it do pass. Mr. DUNNELL. Let it be passed over informally. WILLIAM H. H. ANDERSON. Mr. HUMPHREY. Why should we not lay the bill aside to here- The next business on the Private Calendar was the bill ('H. R. No. ported favorably to the House and have a yea-and-nay vote in the !louse 'f =3248)-granting a pension to William H. H. Anderson. Mr. McMILLIN. Because if the truth must be stated we have not The bill is as follows: a quorum or anything like a quorum present. Let the bill be passed Be it enacted, cf:c., That the Secretary of the Interior be, and he is hereby, author- over informally. •lzed and directed to place on the pension-roll, subject to the provisions and limita.- Mr. PRESCOTT. If necessary, I move that the bill be passed over 'tiona of the pension laws, the name of William H. H. Anderson, late a. private in •Company B; Twenty-first Regiment Indiana Volunteers. informally. The bill was laid .aside to be reported to the House with the recom- There was no objection, and the bill was passed over. 'menda.tion that it do pass. MARGARET M'CORMICK. REBECCA REYNOLDS. The next business on the Private Calendar was the bill (H. R. No. The next business on the Private Calendar was the bill (H. R. No. 3776) granting a pension to Margaret McCormick. 4217) granting an increase of pension to Rebecca. Reynolds. The bill was read, as follows: The bill is as follows: Be it enacted, cf:c., Th.a.t the Secretary of the Interior be, and he is hereby, a.u- Beitenacted., cf:c., ThattheSecretaryoftheinteriorbe, and he is hereby, author- thorized and directed to place on the pension-roll, subject to the conditions and ized and directed to place the name of Rebecca Reynolds, widow of the late Rear- limitations of tb.e pension laws, the name of .Margaret McCormick, widow of Rob­ Admiral William Reynolds, upon the pension-roll, and pay her a pension at the rate ert McCormick and mother of James McCormick, deceased, late of Company B. of $50 per month, instead of the pens1on now paid her under the law; the said in- Seventy-eighth Regiment Pennsylvania Volunteers. -creased pension to commence from the date of tlle passage of this act. The bill was laid aside to be reported to the House with the recom- The bill was laid aside to be reported to the House with the recom- mendation that it do pass. .:mendation that it do pass. SPENCER W. TRYON. MARY P. THOMPSON. The next business on the Private Calendar was the bill (H. R. No. 'The next business on the Private Calendar was the bill (H. R. No. 389) granting a pension to Spencer W. Tryon. ;'}.519) granting a pension to 1\Iary P. Thompson.. The bill was read, as follows: The bill was read, as follows : Be it enacted, cf:c. , That the Secretary of the Interior be, and he is hereby, author- ized and directed to place on the pension-roll, subject to the provisions and limita.­ Be it enacted, cl:c. , That the Secretary of the Interior be, and he is hereby, author- tiona of the pension laws, the name of Spencer W. Tryon, late of Compa.By E, Four­ 'ized and directed to place on the pension-roll the name of Mary P. Thompson, teenth lllinois Regiment. wi'low of James B. Thompson, late captain of Company F, One hundred and nine- -tieth Regiment of Pennsylvania Volunteers. The bill was laid aside to be reported to the House with the recom- The bill was laid aside to be r eported to t he Hou e with t he recom- mendation that it do pass. >mendation that it do pass. :NICHOLAS W. BARNETT. WILSOY w. BROWN AND OTHERS. The next business on the Private Calendar was the bill (H. R. No. The n ext business on the Private Calendar was the bill (H. R. No. 2335) granting an increase of pension to Nicholas W. Barnett. -4444) granting pensions to Wilson W. Brown and others. The bill was r ead, as follows: The bill was read, as follows : Be it en acted, d:C. , That the Secretary of the Interior beJ... and he is hereby, author- ized and directed to increase the pension of Nicholas W . ..t:Sa.rnett, formerly of Com- B e it en.acted, cf:c. , That the Secretary of the Interior is authorized and directed pa.ny I, Twenty-fifth Regiment Indiana State Volunteers, to $36 per month from io plaee on the pension-roll, at the rate of $20 per month, the names of Wilson W. the date of this act. Brown, late second lieutenant of Compa.ny F, Twenty-first Regiment Ohio Volun- T'l.. 'tt d d h :£ ll · d teers ; John R. Porter, late second lieutenant of Company C, Twenty-first Regi- u:e COIDml ee recommen e t e o OWlllg amen ment: men t Ohio Volunteers ; William Bensinger, late ca.ptain of Company C', Thirteenth In line 6 strike out "thirty-six," and insert "twenty-four." Regiment United States Colored Infantry:; John .A. Wilson, late of Company C, The amendment was adopted, and the bill as amended was laid Twenty-first Regiment Ohio Volunteers ; William Pittenger late of Company C, 'd b 'r "th · SeoomlRegiment Ohio Volunteers; MartinJ. Hawkins,lateofCompany A, Thirty- aS1 e to e eport~ d, 'tg th§ Hou e Wl the recommendation that it third Regiment Ohio Volunteers; Daniel A. Dorsey, late second lieutenant ofQC!I!!-· .· d,o pass, - 1816 CONGRESSIONAL RECORD-HOUSE. MARcH 10~

ANNA A. PROBERT. The bill was read, as follows: The next business on the Private Calendar was the bill (H. R. No. Be it enacted, ~c., That the Secretary of the Interior be, and he is hereby, author- 3398) granting a pension to Anna .A. Probert. ized and directed to place on the peD.aion-roll, subject to the provisions of th~ pen­ sion laws, the name of Mrs. Maria Worthington, widow of Nicholas B. Worthington, The bill was read, as follows : of Ma-son County, Kentucky. Beitenacted,~c., ThattheSecretaryofthelnteriorbeJandheherebyis,author- There being no objection, the bill was laid aside to be reported ized and directed to place on the pension-roll the name or .Anna. A. Probert widow f: bl t h H of George C. Probert, late a first lieutenant in the Third Ohio Cavalry, and to pay avera Y ·O t e ouse. her a pension at the rate of $20 per month from and after September 1, 1878. C. A. DmTRICH. The committee recommended the following amendment: The next pension bill on the Private Calendar was the bill (H. R. In linea 7 and 8 strikeout the words "from and after September 1, 1878." No. 509) granting a pension to C . .A. Dietrich. ' The bill was read, as follows: The CHAIRMAN. The question is on agreein~ to the amendment. Be it enacted, dlc., That the Secretary of the Interior be, and he is hereby, author­ Mr. CONVERSE. I hope that amendment will not be agreed to. ized and directed to place on the pension-roll, subject to the provisions anu limi­ This lady in 1878 lost her husband, who was then drawing a pen­ tations of the pension laws, the name of C. A. Dietrich, of Bath County, Kentucky. sion. She has two little children to support. Her husband lost his There being no objection, the bill was laid aside to be reported life under very peculiar circumstances. Being a very generous­ favorably to the House. hearted man, although he had contracted disease in the .Army while GE~"TERAL D. C. THOMAS. serving his country, yet when the fever broke out at Memphis he The next pension bill on the Private Calendar wa-s the bill (H. R. was one of the first who volunteered to go there as nurses, and he No. 2012) to increase the pension of General D. C. Thomas. fell a victim to the disease. I hope this lady will be allowed to draw The bill was read, $ follows: the pension from the elate of her husband's death. It is not large, Be it enacted. ~c., That the Secretary of the Interior be, and be is hereby, directed only 20 a month. to pay to De Witt Clinton Thomas, late a colonel and brevet brigadier-general of Mr. 1\icMILLIN. It will not be improper for me to make a state­ volunteers in the Army of the United States, a pension a.t the rate of $50 per month. ment concernin~ this case. While there may be some equity in what in lien of the pension heretofore granted to him under the provisions of tho gen­ the gentleman from Ohio [Mr. CONVERSE] states, I will say that we eral pension laws. have and have had before the Committee on Invalid Pensions n,bout There being no objection, the bill was laid aside to be reported eighteen hundred cases. I believe I do not overstate the matter favorably to the House. when I say that hundreds of these bills provided for the payment of WILLIAM THOMAS. arrearages of pensions. Yet it has been the uniform custom of that The next pension bill on the Private Calendar was the bill (H. R. committee-! believe there has not been more than one, if any, excep­ No. 2433) granting a pension to William Thomas. tion-to report no bill containing the arrearages features. That was The bill was read, as follows : also the custom, I may state, during the last Congress. I think that Be it enacted, ~c., That the Secretary of the Interior be, and he is hereby, author­ whatever rule the House may adopt in a.ny one ca.se should be ad­ ized and directed to place on the pension-roll, subject to the provisions and li-nit:l.­ hered to in all. It will be better to adhere to the rule than to break tions of the -pension laws, the name of William Thomas, late a sergeant of Company over, and I hope the amendment will be adopted. B, Ninety-mnth Regiment Tennessee Volunteers, and pay him a pension for the loss of an eye in addition to the pension now allowed him for the loss of a limb. Mr. CONVERSE. I think my friend from Tennessee [Mr.l\fcMI:L­ LIN] is the last gentleman in the world who ought to object to pal­ There being no objection, the bill was laid aside to be reported ing the arrearages of pensions in this case. This man lost his life m favorably to the House. , the service of the people of my friend from Tennessee. MARY T. l\1 CAWLEY. Mr. McMILLIN. Permit me to say here and now that in the dis­ The next pension bill on the Private Calendar was the bill (H. R. charge of my duty on this floor I know no line of Tennessee or any No. 1769) granting a pension to Mary T. McCawley. · other Stat-e, but the whole country. [.Applause.] The bill was read, a.s follows : Mr. CONVERSE. But my friend ought to know the sufferings of Be it enacted, ~- . That the Secretary of the Int-erior be, and he is hereby'-author­ his own people, who called upon all to go there and assist them. He ized and directed to place on the penSlon·roll, subject to the provisions ana limita­ tions of the pension laws, the name of~ T. MCCawley, Widow of First Lieuten­ certainly ought to appreciate the spirit of generosity which led this ant Henry M. McCawley, late of the Thirteenth Regiment of Infantry, United man to go down into his State in that hour of peril and trouble. Sta,tes Army, to date from the death of said Henry M . .McCawley. Mr. McMILLIN. I do realize t.he sacriftce which he made, and I Mr. BROWN. The Committee on Invalid Pensions directed me to would not be wanting in that liberality which should characterize report that bill back with an amendment. If I failed to do so it was any man if the money were to come out of my own pocket. But I am by mistake on my part. I move to amend the bill by strilqnF out here not to bestow favors for favors received in Tennessee, but to the words "date from the death of said Henry M. :McCawley' and protect the interests of the entire country. That shall be my ex­ insertin9: in lieu thereof the words ''take effect from the passage of cuse for the seeming want of liberality in this behalf. I know no this act.' · favoritism and will swerve to none. · The amendment was agreed to. The question was taken upon agreeing to the amendment ; and The bill as amended was laid aside to be reported favorably to the upon a division there were-ayes 41, noes 10. House. So (no further conn t being called for) the amendment was agreed to. FLORA C. M 7CASLIN. The bill as amended was then laid aside to be reported favorably to the House. The next pension bill on the Private Calendar was the bill (H. R. CHARLES H . ORDWAY. No. 1619) granting a pension to Flora C. McCaslin. The n ext business on the Private Calendar was the bill (H. R. No. The bill was read, as follows : Be it enacted, ~c., That the Secretary of the Interior is authorized aud directed 1017) granting an increase of pension to Charles H. Ordway. to place on the pension-roll the name of Flora C. McCaslin, widow of William Mc­ The bill was read, as follows : Caslin, late a private in the Seventh Tennessee Volunteer Regiment of Cavalrv, Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, q,uthor­ United States Army, subject to all the requirements of statutes applicable to suCh ized and directed to place on the pension-roll, subject to the provisions and lim­ cases. itations of the pension laws, the name of CharlP.s H. Ordway, late a private in The committee 1·ecommend that the bill be amended by striking Company H, Seventh Regiment New Hampshire Volunteer I:ri.fantr_y, at the ra.te of thirty-six dollars and fifty cents per month, in lieu of the pension he is now out the words '' :ill the requirements of statutes applicable to such receiving. cases!' and inserting in lieu thereof the WQrds "the provisions and The committee recommend that the bill be amended by striking out limitations of the pension laws." the words "and fifty cents;" so that it will read ''at the rate of $36 The amendment was agreed to. per month." The bill as amended was laid aside to be reported favorably to the The amendment was agreed to. House. The bill as amended was laid aside to be reported favombly to the FRANCIS REICHERT. House. The next pension bill on the Private Calendar was the bill (H. R. GEORGE H. BLACKMA....~. No. 12:39) granting a pension to Francis Reichert. The next business on the Private Calendar was tl;le bill (H. R. No. The bill was read, as follows : 1180) increasing the pension ofGeorge H. Blackman. Be it enacted,

GODFREY DRAYER. Mr. McMILLIN. I desire to make the same motion in this case The next pension bill on the Private Calendar was the bill (H. R. that was adopted in the other cases-that the bill be pa-ssed over No. 2093) granting a pension to Godfrey Drayer. informally. The bill read, as follows : Mr. BROWNE. I understand that the report is adverse. Be it enact.ed, tbJ., That the Secretary of the Interior be, and he is hereby, author­ The CHAIRMAN. The recommendation seems to be favorable. ized and directed to place on the pension-roll, subject to the provisions and limita­ Mr. RAY. I desire to suggest in view of the action just taken by tions of the pension laws, the name of Godfrey Drayer, late of the One hundred the committee in the case of the minor children of Catharine Yoder, and fifteenth Ohio Volunteer Infantry. that the only difference between that case and this one is, in the There being no objection, the bill was laid aside to be reported Yoder case the mother and her infant child were burned to death, favorably to the House. while here both parents and an infant child were drowneti in Lake CATHARINE YODER. Michigan, leaving five orphan children under sixteen years of age The next business on the Private Calendar was the bill (H. R. No. without property or relatives able to support them. The report 1357) granting a pension to Catharine Yoder. shows what the bill does not show, that the father, having been The bill was read; as follows : wounded in battle during the late civil war, was drawing a pension Be it enacted, ~c. , ThattheSecretaryoftheinterior be, and he is hereby, author­ at the rate of$18 per month at the time he was drowned. ized and directed to place on the pens10n·roll. subject to the provisions and limita­ Now, if it was proper to grant a pension to the minor children of tions of the ;pension laws, the name of Catharine Yoder, widow of N. W. Yoder, Catharine Yoder by reason of the fact that their fatlter had been a late second lieutenant of the Fifty-first Regiment Ohio Volunteer Infantry. soldier, or was a pensioner of the United States, and because the Mr. ATHERTON. Since the introduction of this bill Mrs. Catha­ mother is dead, why should not a pension be also granted to these minor rine Yoder, while attempting to save heryoungist child ina disaster children of Aaron Sheridan, who are without means and who will at Zanesville, Ohio, by which a nnmber of persons were burned, was draw only $4 a month until they become sixteen years of age, respect­ eonsumed in the flames together with her child. She has left several ively. minor children. I have an affidavit at my room stating who they Mr. Mcl\llLLIN. l\Iy attention was not called to the facts in the are. I move to amend this bill by inserting at the appropriate place Catharine Yoder case, or I certainly should have made some objection the words, "the minor children of." if the circumstances were such as the gentleman states. Mr. McMILLIN. Will it not be necessary to designate those Mr. RAY. That bill has been acted on right here in the gentle­ under the age of sixteen t · man's presence. I certainlythinkthatifthe Yoder ca-se is to be laid Mr. ATHERTON. Probably it will. aside with a favorable report this case of the Sheridan children should 1\Ir. BROWNE. I think there will be no objection to amending be disposed of in the same way. the bil1 in the way suggested. Mr. McMILLIN. I am willin~tohave bothlaid aside informally. Mr. ATHERTON. I move to amend so as make the bill read "to The CHAIRMAN. The bill will be passed over informally ifthere the miD. or children of Catharine Yoder under the age of sixteen years, be no objection. and until they reach that age." :Mr. RAY. Oh, no; let us pass it in the ordinary way and take a Mr. BROWNE. I think it would be best (if the gentleman from vote on it in the House. Ohio will allow the suggestion) to provide that this pension be paid to 1\Ir. BROWNE. If the committee will indulge me fur a sin~le the mmor children of the deceased, subject to the provisions and lim­ moment. I do not remember the circumstances of the Cathanne itations of the pension laws. Then the Commissioner will ascertain the Yoder case, although I was present when the report was made. This ages of those children and they will draw their pensions in accord­ case I remember. Gentlemen of the committee will bear witness to ance with the provisions of the general law. the fact that the gentleman from Tennessee and myself, and others Mr. ATHERTON. I accept that suggestion. perhaps of the committee, opposed a favorable report in this case. Mr. McMILLIN. I ask that the bill, as proposed to be amended, The facts are that the deceased father was a soldier in the service bP reau. during the war of the rebellion. He had become disabled and was The Clerk read as follows : receiving a pemion. He was a light-house keeper on one of the A bill granting a pension to the minor children of Ca-tharine Yoder, deceased. northern bkes, residing with his family in the light-house. It B e it enacted, &c. , That the Secreta.ry of the Interior be, and he is hereby, author­ seemed to have been a part of his duty to carry the mail from the lzed and directed to place on the pensiOn-roll, subject· to the provisions and limita.­ light-house to the shore and from the shore back to the light-house on tionR of the -pension laws, the n.ames of the minor children, under sixteen years, of Manitou Island in the lake. In passing from the shore to the island Catharine Yoder, deceased, mte widow of N. W. Yoder, late secon.d lieutenant of the Fifty-first Regiment Ohio Volunteer Infantry. · in an insufficient boat it was capsized in a squall and the mother and The amendment was a.greed to. father were drowned, and this bill is to put the surviving infant chil­ The lJill as amended was laid aside to be reporteu to the Honse dren upon the pension-roll. with a recommendation that it pass. The ground of opposition to this bill was that this husband and father was in no sense in the military service of the United States. E. L. HUSTED. This man had no connection, directly or indirectly, with the military The next business on the Private Calenda,r wa-s the bill (H. R. No. service of the United States. It was as much a civil service as is the 3399) granting a pension to E. L. Husted. carryiug of the mails by the letter-carriers through tho streets of the The bill was read, as follows : city of Washington, as much civil employment as if he had been . Be it enacted, &c., That the Secretary of the Interior is hereby authorized and engaged in a navy-yard in assisting in the construction of vessels. In clirected to place on the pension-roll, subject to the provisions and limitations of the other, words, it was purely and wholly a civil service; and I simply -pension laws, the name ofE.L. Husted, lateofCompanyB oftheOnehundredand twenty-third Regiment of Ohio Volunteer Infantry. put the question to the gentlemen of the committee whether or not we are prepared now to set the precedent of putting upon the pen­ The bill was laid aside to be reported to the House with a recom­ sion-roll the unfortunate children of those who may be accidentally mendation that it pass. killed in the civil service of the country. That is the question. We ELIZABETH BAUER. have already paid, as gentlemen know, $506,000,000 of pensions. The next business on the Private Calendar was the bill (H. R. No. There are $1,300,000,000 before us. Do we wish to increase the same 1332) granting a pension to Elizabeth Bauer. or ought it to be confined on every principle to those who were in The bill was read, as follows: some way connected with the military service 'l Be it enacted, etc., That the Secretary of the Interior be, and he is hereby author­ Mr. CONVERSE. I wish to inquire whether the father who lost ized and directed to place on the pens10n-roll, subject to the provisions and limita­ his life was at that time drawing an invalid pension for disability tions of the pension laws, the name of Eliza.beth Bauer, widow of Michael Bauer, late a private in Company C, One hundred and sixth Regiment Ohio Volunteer incurred by him in the military service of the country! Infantry. Mr. BROWNE. Unquestionably he wa-s. The bill was laid aside to be reported to the House with a recom­ Mr. CONVERSE. If so, I submit to my friend whether it is not mendation that it pass. ri~ht, inasmuch as the father has lost his life by this accident, which if ne had not lost the Government would have continued to pay him CmLDREN OF .A..A.RO:Y SHERIDAN, DECEASED. the pension, to tra.n.sfer that little pension to these little children The next business on the Private Calendar was the bill (H. R. No. until they are sixteen yeard of age 'l 1976) granting a pe-nsion to the minor children of Aaron Sheridan, deceased. Mr. BROWNE. So far as the sum is concerned it is insignificant. The Government can afford to pay it. There can be no question The bill was read, as follows : about that. If it were the payment of this little pittance this de­ B e it enacted, &c., Tha.t the Secretary of the Interior be, and he is hereby author­ ceased father was receiving from the Government, if it ended there, ized and directed to place on the pension-roll. subject to the provisions a~d limit­ ations of the pension laws, the names of Levi F. Sheridan, Goor~e H. Sheridan no gentleman in this committee would be more willing to see it Ja.!Des Edward Sberi~an , AlfreC! A.. Sheridan, and Charles A. Sheridan, (mino; transferred to these unfortunate children than the gentleman from ehildren ofA aron Shendan, late li!'!:ht-honse keeper on Manitou Island. inNorthern Tennessee and myself. Lake Michigan, and who was drowned by the capsizing of the Go>~rnment boat while carrying papers and the United States mails from the mainland to the island True, the father was a pensioner, but the children are no more en­ a. distance of twelve miles, on or a. bout the-day of March, 1878,) at the rate of $8 titled to this pension by law or by principle than if he had died by per month ea.~h while they are under sixteen years of age. typhoid fever while a pensioner, or had met his death in any other The amendment recommendetl by the CommHtee on Invalid P en­ way. While I have mane this point, I wish to say to the committee sions was read, as follows: I am willing the vote shall be taken, so far as I am concerned, here Fill the blank, before the word " day," by inserting " fift.eent.h. " in the committee, and if the bill as recommended is passed by a ma­ At the end of the bill strike out the words ,., at the rat-e of $8 per month each jority of those present I will not raise the question of a quorum. I while they are under sixteen years of age." will take the majority of those present as a fair representative of the- 1.818 CONGRESSIONAL RECORD-HOUSE. MARcH 10,

whole House. If the majority see proper to pass it, then I believe would have been compelled to :pay out more money than it will pay ;;a majority of the House would. In this proposition I believe the under this bill, if passed, if this unfortunate father had not lost his ,gentleman from Tennessee will join me. We put our protest against life. this idea upon record, and I am willing to stand there. Now, inasmuch as these children are the wards of the nation, inas­ Mr. McMILLIN. I diBlike, Mr. Chairman. to discriminate between much as the father was a pensioner of the Government, I submit that .this and the other case to which I objected, an objection 1 have not without question we ought to pay this little pension to the childrell ..as yet seen any reason to withdraw. until they become sixteen years of age• Mr. ATHERTON. Let me call attention to the fact in the other Mr. DAWES. My colleague has stated exactly the ground upon ..case. which the majority of the committee acted in this ca-se, after having Mr. McMILLIN. On account of the two cases bein~ very similar, once determined to vote adversely upon the simple proposition stated both growin~ out of the civil service~ both establi.shing the prece­ by the gentleman from Indiana. -dent of pens1oning men who die(! in tne dvil service of the United Mr. O'NEILL. I thought that case had been passed over. States, I think in all candor, while I do not wish to be captious, that The CHAIRMAN. The gentleman from New York has made a the majority of this House ought to establish that precedent if it is motion to that effect. ~o be established at all. Mr. CULLEN. I do not understand, Mr. Chairman, that the case Mr. ATHERTON. I want to correct the gentleman in respect to has been informally passed over. I understand that gentlemen the Catharine Yoder case. Dr. Yoder was a surgeon in the volunteer will object to the passage of this bill unless there be a quorum pres­ ..army. He served in that capacity during the war. He lost a limb ent. Ifthat be true I have no argument to make . in that war, aud died by reason of wounds and disability incurred in Mr. BROWNE. I have not demanded a quorum. the service. His widow asks a pension because he was in that service Mr. CULLEN. I want to say in justification of my action in the .and because he was drowned by rea on of his condition which dis- matter that I know these persons. They reside in my district and it abled him from protecting himself. He really died of disability is a meritorious case so far as the equities are concerned. There is •Contracted in the service of the United States. no stronger case on the Calendar. These little orphan children are Mr. McMILLIN. I beg to correct my friend from Ohio by stat­ left entirely destitute by the death of their father. They have been ing that we are not now on the Catharine Yoder case. taken by their grandparents and are subjects of charity, supported Mr. ATHERTON. I know that, but the gentleman was only stat­ by the neighbors, and all of them, grandparents and all, are on the ing that they were similar in character. Now, I wanted to show verge of the poor-house. If this House can exercise any discretion lrim that the Catharine Yoder case was of an entirely different char­ at all.in a ca e of this kind, this is certainly a oa e calling for its ..acter. That it is a case involving an entirely different principle, exerCise. has no connection whatever with the case now under consideration, Mr. BROWNE. I hope the gentleman from Illinois did not under- :aRd should not be referred to as a parallel case. stand me as saying that I should demand the presence of a quorum. Mr; McMILLIN. I do not wish to go back, as far as I am con­ Mr. CULLEN. I did not so understand the gentleman. ·

The committee tecommend the following amendment: Mr. VAN AERNAM. I think the bill should be amended so that In line 5 strike out the word "fifty" and insert the word •• thirty-six." the pension shall date from the passage of the act. The amendment was adopted. .Mr. McMILLIN. I think there must be some mistake here. So far The bill as amended was laid aside to be reporlied to the House wjth as I am aware no bill has passed the committee recommending arrear­ the recommendation that it do pass. ages. Let the bill be again read. The bill was again read. ~"'NAH M. WRIGHT. Mr. McMILLIN. I offer the following amendment: Thenext business on the Private Calendar wa~the bill (H. R. No. Strike out the words ''to date from death of said Hannibal B. Dans." 4213) granting a pension to Hannah M. Wright. The amendment was adopted. ' The bill was rean, a~ follows : The bill as amended was laid aside to be reported to the House with Be it enacted, d:c. , That the Secretary of the Interior be, and he is hereby, author­ the recommendation that it do pass. ized and directed to place on the pension-roll, subject to the ~rovisions and limita­ tions of the pension laws, the name of Hannah M:. Wright, Widow of Bre-vet Briga­ BERNARD BRADY. dier-General Joseph J. B. Wright, late a colonel and surgeon in the United States The next pension bill on the Private Calendar was the bill (H. R. t:f!~'r 'h! t.?s::~t.f:i:l~~ at the rate of $30 per month from May 14, 1878, the No. 1048) granting an increase of pension to Bernard Brady. The committee recommend the following amendments: The bill wa.s read, as follows : In lines 4 and 5 strike out the words " subject to the provisions :md limita­ JJe it enacted, d':c., That the Secretary of the Interior be, and he is hereby, author· tions of the pension laws." ized and directed to increase the J?ension of Bern:u-d Brady, formerly a private in And in lines 9 and 10 strike out the words "May 14, 1878, the date of her hns· Company I, Fourth Regiment Uruted States Infu.nt:ry, to the sum of $50 per month, band''8 death," and insert in lien the1-eof "the passage of this act." for the loss ofleft leg and part of right foot. The amendments were agreed to. Mr. McMILLIN. My memory is that that bill was amended so as The bill as amended was laid aside to be reported to the House with to make the pension either $30 or $36 per month. the recommendation that it do pass. Mr. PARKER. The report will show. C. K. HUGIIES. Mr. McMILLIN. Let the report be read. The report was read, as follows : The next business &n the Private Calendar waa the bill (H. R. No. The Committee on Invalid Pensions, to whom was referred the bill (H. R. No. 1489) granting a pension to C. K. Hughes. 1048) granting an increase of pension to Bernard Brady, having ha.d the same un­ The bill was read, as follows: der consideration, would respectfully report: Be it enacted, d:c., That the Secretary of the Interior be, and he hereby is, author­ That Bernard Brady was a private in Company I, Fourth Unitod States Jnf:~,n. i.zed and directed to place on the pension-roll the name of C. K. Hughes, late major try. ]'rom wounds received in the service and in the line of duty he now draws :1: of the One hundred and forty-third Regiment Pennsylvania Volunteers, a.t the pension of $24 per month. He applied for an inorease of pension October 13, 1879 rate of $15 per month, commencing on the 12th day of June, 1865, the dat~ of his alleging ~be loss of left foot and the toes and heel of his right foot, rendering~ discharge. totally disabled, and requiring the attendance of an attendant all the time. His application for inorea.se of pension was fiUected because his right foot was not The commit tee recommend the following amendment: amputa~d above the ankle. ~e it is true that he has a piece of a foot-that is, In lines 6, 7, and 8,strike out the words ''at the rate of$15permontb, commenc­ a foot Without toes or heel- 1t IS equally true that, so far as locomotion is con­ ing on the 12th day of J nne, 1865, the date of his discharge," and insert in lieu cerned, he is worse off th:m if the foot was ampn+-.ated. This is the view of the thereof '' subject to the provisions and limitations of the pension laws." board of medical examiners at the Pension Office, and they so certify. He is a man virtually without feet, and in the opinion of your committee is entitled to the same The amendment was adopted. pen.'!ion now paid to men who have lost both feet in the service. Your committee The bill as amended was laid aside to be reported to the House with therefore report bac.k the a{)companying bill and recommend that it do pas11. the recommendation that it do pass. Mr. BRqWNE. I think the gentleman from Tennessee [.Mr. Mc­ !\l.ARY E. MURRAY. MILLIN] will agree with me that the Committee on Invalid Pensions The next business on the Private Calendar was the bill (H. R. No. unanimously considered the case of this man as if he had lost both 2592) granting a pension to Mary E. Murray. legs. The bill was read, as follows: The bill was laid aside to be reported favorably to the House. B e it enacted, d:c., That the Secretarr of the Interior be, and he is hereby, author­ ISABEL l\:11DOWELL. ized and directed to place on the pensiOn-roll the name of Mary E. Murray, daugh­ ter of the late Colonel Willianl G. Murray, of the Eighty-fourth Regiment Penn­ The next pension bill on the Private Calendar was the bill (H. R. sylvania Volunteers, and pay her a pension at the rate of $30 per month from and No. 1329) granting arrears ofpension to Isabel McDowelL after the passage of this aot. The bill was read, as follows : The bill was laid aside to be reported to the House with the recom­ Be it enacted, d':c., That the Secretary of the Interior be, and he is hereby author­ mendation that it do pass. ized and directed to place on the pension-roll, to date from Marek 26, 1860.' subject to th~ provisions and limitations of the pension laws, the name of Isabel McDow­ HORACE S. SPEAR. ell, Widow of J oseyh McDowell, late a corporal of Company I, Fifteenth Regiment The next business on the Private Calendar was the bill (H. R. No. United States Infantry: during the Mexican war, and to pay her the arrears ofpen­ sion accruing between March ~6, 1860, the date of her said husband's death and the 173B) granting a pension to Horace S. Spear. 22d day of May, 1879, the date of her present pension certificate. ' The bill was read. Mr. MATSON. There are some facts in connection with this case The Committee on Invalid Pensions recommend that the bill be which ought to invite the very careful scrutiny of the House. My amended by striking out the words "March 26, lt!60, the date of her friend from Vermont, [Mr. JOYCE,] who made the report, agrees with husband's death, and May 2'2, 1879, the date of her present pension me in that proposition. I ask that the bill be passed over inform­ certificate," and inserting in lieu thereof the words "October 21, ally. 1864, and May 2'2, 1879." There being no objection, the bill was passed over informally. The amendment was agreed to. The question was upon ordering the bill to be laid aside to be JAMES NEWBERRY. reported favorably to the House. · The next business on the Private Calendar was the bill (H. R. No. Mr. BROWNE. This case is rather a remarkable one. The lim­ 40!::!0) granting a pension to James Newberry. itation within which the original application should have been mado The bill was read, as follows: was three years. The application was made and the proof wa..s com­ Be it enacted, d:c., That the Secretary of the Interior be, and he is hereby, author­ plet.ed at the date which the committee. agree the pension should ized and directed to place on the pension-roll, subject to the provisions and limi· begm. The proof was complete at that time, and the Pension Office tations of tlie pension laws, the name of James Newberry, late a pri-vate in Com­ pany H, Eighty-fourth Regiment-of Pennsylvania Volunteers. should have granted the pension then. The applic~tion lay in the pi~eon-hole from the one date to the The hill was laid aside to be reported to the House with the recom­ o~her, by the madvertence, negligence, or something e1'le of the Pen­ mendation that it do pass. sion Bureau. It was then taken up and allowed upon the evidence WILLIAM R. MILLER. completed at the :first date mentioned. The next busines on the Private Calendar was the bill (H. R. No. The commi;ttee think that this unfm;tunate :woman ought not to 34) for the relief of William R. 1\Iiller. lose p.er penswn by _reason of the negh~ence, madvertence, or inat­ The bill was read, as follows: .. tentiOn of the PensiOn Bureau. That lB the whole case. It is the B e it enacted, d:c., That the Secretary of the Interior be, and h.e hereby is di­ only .case in which the committee have agreed to grant a retroactive r~ted to place upon the pension-roll1 subject to the provisions and limitation~ of pe~s~on. If there ever was a ca e in which it ought to be granted, the p ension laws, the name of William R. Miller, late a ~ide to scouts under this IS one. M3jor James M. Moore, of the Fifteenth Regiment Missour1 Cavalry, and pay him a pension from and after the passage of this act. 1\Ir. NEAL. Why did not this woman get a pension under the arreara~TeS act Y The hill was laid aside to be reported to the House with the recom­ Mr. BROWNE. Because that act does not cover cases of this char- mendation that it do pass. acter. • ELIZABETH DAVIS. .Mr. :NEAL. That is a very good answer. The next business on the Priva te Calendar was the bill (H. R. No. Mr. BRO'_VNE. This is. the wido":" of a. soldier who died before, 315 )'granting a pension to Elizabeth Davis. and not durmg, the rebellion-a soldier of the Mexican war. The bill was read, as follows : The bill as amended was then laid aside to be reported favorably B e i t enacted, &c. , '!'hat the Secretary of the Interior be, and he is hereby author­ to the House. ized and directed to place on the pension-roll, subject to the provisions and limita­ WILLIAJ\.1 T. ?t11COY. Hons of the pension laws, the name of Elizabeth Davia, widow of Hannibal B. The next pensilm bil'l on the Private Calendar was the bill (H. R. ~:~~~~~ted=lh~~n~d 1t~!nilirl ~: fi~~ Regiment Missouri State Militia, to No. 4783) granting ~ pension to William T. McCoy. , 1820 CONGRESSIONAL RECORD-HOUSE. MARCH 10',

The bill was read, as follows : filed his claim and it was immediately granted. He wont into the Be it ena{;ted, cfc., That the Sec~et.'\l'Y of the In~J:!or be, an~ h~ is J;lereby, directed war when a mere youth, and came out entirely disabled. He has to place on the pension-roll, snbJect to the provlSlons and limitations of the pen­ been disabled ever since. These are the facts upon which the com­ sion laws the name of William T. McCoy, late of Company B, One hundred and mittee decided without any hesitation that this application sho.uld tenth Pe~nsylvania Volunteer Infantry. be granted. · There beinc:r no objection, the hill was laid aside to be reported Mr. ATHERTON. I think the gentleman's explanation is satis­ favorably to the House. factory. I have a case very much like it. DANIEL D. LO:NG. The bill was laid aside to be reported to tho House with a recom­ The next pension bill on the Private Calendar was the bill (H. R. mendation that it do pass. No. 4784) granting a pension to Daniel D. Long. MARY WADE. Tbe bill was read, as follows : The next business on tho Private Calendar was the bill (H. R. No. Be it enacted, cfc., That the Secretary ofth~ Interior be, and he i~ here?y, directed 142'2) granting a pension to Mary Wade. to place on the pension-roll the nameofDamel D. Long, late apnvatem Company The bill was read, as follows : D, Fifty-fourth ~egim~nt Pennsylvania Volunteers, subject to the provisions and Be it enacUd, cfc., Tlmt the Secretary of the Interior be, and he is hereby, author­ limitations of the pension laws. ized and directed to place on the pens1on-roll, subject to the provisions and limita­ There being no objection, the bill was L'1id aside to be reported tions of the pension laws, the name of Mary Wade, of Gettysburgh, Peunsylvani.,, favorably to the House. . who wAA the mother of Jennie Wade, who was killed while baking bread for the THOMAS S. HOPKINS. Union soldiers, and pay the said Mary Wade a. pension at the rate of $8 per month from the 3d day of July, 1863, the date of her said daughter's death, to continue The next pension bill on the Private Calendar was the bill (H. R. during the widowhood of the said Mary Wade, she having been dependent for No. 4785) for the relief of Thomas S. Hopkins. support on her said danghrer. The bill was reacl, as follows: Mr. BROWNE. I believe there is an amendment reported with Be it enacted, &c., That Thomas S. Hopkins, late a .Private in Comp~y C, Six­ that bill. teenth Regiment of Maine Volunteers, now on the pension-roll, be, and he IS hereby, The CHAIRMAN. The Clerks inform the Chair that no amendment exempted from the limitation prescribed in section 2 of the a{lt of Congress ap­ appears either on the bill or in the report. proved March 3 1879, entitled ' .An act making appropriations for the payment of the arrears of p~nsion granted b:y act of Con~ess approved January 25, 1879, and Mr. BROWNE. My recollection is quite distinct (though I may for other purposes;" and the said Thomas S. Hopkins sh.'lll be entitled to the same be mistaken) that this bill was amended by the committee SG as to­ arrears of pension as if his application for a pension bad boon filed in the Pension put the mother on the pension-roll from and after the passage of Office prior to Jnly 1, 1880. the act. If that amendment is not embraced in the report, the mis­ Mr. D.A. WES. The arrea,nt>ges bill exempts insane persons from take is mine ; for I made the report. I move, therefore, to amend the t.ll.e limitations that are referred to in this bill, and by which this bill so that the pension shall take effect from and after the passage petitioner is exempted. The reason he is exempted is beca.usehewas of the act. in a condition simila.r to insanity. He wa,s a:ffiicted with a nervous Mr. O'NEILL. Why does the gentleman move that amendment f affection that made it impossible fo1· him to make application at the Mr. CONVERSE. I would like to hoar my friend froiJl Indiana proper time. As soon as he became physically able to make his appli­ [Mr. BROWNE] state the distinction which he draws between this case cation ho did so. For that reason the bill was favorably recommended and the case wo passed awhile ago. l)y the committee. Mr. BROWNE. That is a pertinent inquiry, and I hope my answer ·_The bill was lrud aside to be reported favorably to the Houso. will satisfy my distinguished friend from Ohio. Mr. O'NEILL. The gentleman from Indiana [Mr. BROWNE] stated DENNIS SULLIVAN. awhile ago that the case then before the House was a very remark­ The next pension bill on the Private Calembr was the bill (H. R. able one. Is not this a remarkable case f AB I learn from the read­ No. 4786) granting an increase of pension to Dennis Sullivan. ing of the bill, it provides to pension a woman whose daughter was The bill was read, a.s follows : killed, I believe, at the battle of Gettysburgh. Be it enacted, cfc., That the Secretary of the Interior be, and he is hereby, autbor­ Mr. BROWNE. The gentleman is correct. ne(l and directed to increase the pension now allowed to Dennis Sulliv:m, of Man· Mr. O'NEILL. Does not the gentleman think that Congress hould chester, New Hampshire, from $50 to $75 per month, subject in other respecta to the provisions and limitations of the goneral pension laws. give this widow arrears of pension for the loss of a claughter nuder such circumstances, insteacl of providing merely that the pension :Mr. ATHERTON. I think that ra.t-e of pension is too high; $72 por shall take effect from the passage of the actY I think this is a very month is the highest rato allowed. extraordinary case-the most so, perhaps, of any wo have aoted on Mr. RAY. It should be 72 per month. This is the case of the to-night. sa-ilor who fell one hundred ancl eighty feet from the masthead of the Mr. BROWNE. This is a bill for the relief of a mother dependent srup Colorado, and i to-day dying slowly from spinal concussion, upon the services of a daughter who was killed under the circum­ being totally paralyzed from his hips d_?wn, and re_quiring the at~n­ stances mentioned. There are to-day on the pension-rolls over tion of some per on to take care of ~ all the time. The pensiOn 60,000 persons whose husbands or sons were killed in the forefront surgeons inNew Hampshire recommend an. increase of pension in this of the battle by the bullets of the enemy. I propose to return the case. inquiry, in what sense is this woman entitled to a pension beyond Mr. ATHERTON. I move to amend so as t.o make it $72 per month. the pension allowed to dependent parents in these other cases t The amendment was agreed to. 1\:lr. O'NEILL. It struck me that this was a very e~--traordinary The bill as amended wos laid asi(le to be reported favorably to the case, a woman having been killed on or ncar the battle-field-doing House. perhaps some act of kindness for the soldiers on that bloody field. CATHERINE SILVEY. Mr. BROWNE. I am not willing to voto upon a. mere sentiment. The next business on the Privn.te Calendar was the bill (H. R. No. I recognize that the daughter wa.s, so far as concerns the purpose of 2148) granting a pension to Catherine SHvey. this case, killed in battle; that the mother was dependent i and I The bill was read, as follows: am willing to put this dependent mother in exactly the position of a Be it enacted, cfc., That the Secretary of the Interior be, and he is horebyt.a.uthor­ mother whose son was killed in battle. If we do this, we do all, in ized an

I will detain them but for a moment. Now it is asked whether the A bill (H. R. No. 864) granting a pension to Amanda J. McFadden; .Committee on Invalid Pensions have determined to grant a pen­ A bill (H. R. No. 1241) granting an increase of pension to Augns- sion to any one who was wounded or killed outside of the military tusLempp; -service. That matter having been referred to, I wish to say that A bill (H. R. No. 1430) granting a pension to Cornelia A. Schultz; there are extraordinary cases which so commend themselves to the A bill (H. R. No. 2258) granting a pension to Richard M. Baker; -sense of justice of the committee that they an~ willing~? grant a P.en­ A bill (H. R. No. 3106) restoring the name of Mary J. Stover to the mon, although the person was not engaged m the military serVIce. pension-roll; They are exceptions to the rule, however. I put the question if some A bill (H. R. No. 2559) granting an increase of pension to Burton. philanthropic man or woman is engaged in the midst of battle in Armstrong; -carrying a canteen of cold water for the parched lips of the wounded A bill (H. R. No. 1225) granting a pension to Mrs. Rosetta L. McKay; men on the :field, and while so employed in that Christian duty is A bill (H. R. No. 2005) to increase the pension of Elijah W. Penny; killed or wounded, will any gentleman in the House say he ought A bill (H. R. No. 243) to increase the pension of Henry Binnamon; not pension such a man if wounded, or those dependent upon him if A bill (H. R. No. 3071) for the relief of Charles H. Frank; he should be killed 7 I think it will strike the sense of justice of A bill (H. R. No. 4213) granting a pension to Hannah M. Wright; every man in the .American Congress a pension should be granted in A bill (H. R. No. 14R9) granting a pension to C. K. Hughes; 'fSUch a case. A bill (H. R. No. 1435) granting a pension to Sarah Lumpkin Mer- We found here a woman who was engaged in baking bread for the chant; - wounded soldiers and others, and her aanghter while carrying that A bill (H. R. No. 2491) for the relief of Anna M. Marshall1 bread to the wounded upon the field was killed. That is the way we A bill (H. R. No. 2260) granting a pension to Thomas J. cofer; understood it. While so engaged she was killed by a shot. I do not A bill (H. R. No. 1769) granting a pension to Mary T. McCawley; -care whet:her from our own side or the other. The mother was de­ A bill (H. R. No. 1619) granting a pension to Flora C. McCaslin; pendent upon her for support. She has a small property which is A bill (H. R. No. 1329) granting arrears of pension to I-aabel Mc- ~ncumbered and val-ued at less than 300. Under the circumstances Dowell; we thought it was a proper case for a pension. A bill (H. R. No. 4786) granting an increase of pension to Dennis Mr. ATHERTON. As this is likely to be the subject of discussion, Sullivan; .and as there is some difference of opinion in regard to it, I ask whether A bill (H. R. No. 1357) granting a pension to Catharine Yoder; it is not better for the geneml good it should be passed over inform­ A bill (H. R. No.1337) granting a pension to Sylvador Jackson; .ally for the present f A bill (H. R. No. 1206) granting a pension to Mrs. Kate L. Usher; Mr. BROWNE. I am willing to do that. axrd Mr. ATHERTON. Let that be done so we may pass the remaining A bill (H. R. No. 315) granting a pension to Elizabeth Davis. bills to which there is no objection. The following bills reported from the Committee of thtl Whole Mr. BROWNE. Let the amendment be agreed to first. House on the Private Calendar without amendment were severally :Mr. ATHERTON. Very well. ordered to be engrossed for a third reading ; and were read the third Mr. BROWNE'S amenilment wa.s apeed to. time, and passed: The bill was then pm;sed over informally. A bill (H. R. No. 985) granting a pension to J'l.mes O'Connor; JOHN TAYLOR. A bill (H. R. No. 365) granting increase of pension to Levi Ander­ son; The next bl1Siness on the Private Calendar was the bill (H. R. No. A bill (H. R. No. 2268) for the relief ofN. H. Richter; 1166) granting a pension to Jolm Taylor. A bill (H. R. No. 1359) granting a pension to Mrs. Cltroline Hilge- The bill was road, as follows: mann; BB it e'TUUted, cfc., That the Secretary of the Interior be, and he is hereby, author· .ized and directed to place on the pension-roll, subject to the provisions and limita­ A bill (H. R. No. 1303) granting a pension to Mary Joyce ; -tions of the pension laws, the name of John Taylor, late of Battery M, Third New A bill (H. R. No. 3277) for the relief of Josephus Hawley; York Light Artillery, and pay him a pension at the rate of $12, in lieu of the pen­ A bill (H. R. No. 244) for the relief of Mrs. Almira FarnswQ.rth; sion he is now receiving. A bill (H. R. No. 1288) granting a pension to Mary Blowers· The bill was laid a-aide to be reported to the Honse with the recom­ A blli (H. R. No. 3866) gra.nting a pension~ Elizabeth Wirt Golds­ mendation th[l.t it do pa-as. borough; Mr. BROWNE. We have reached the end of the cases in which A bill (H. R. No. 3867) granting a pension to Mrs. Elizabeth S.M. reports have been printed. I move, therefore, the committee rise. Finley; The motion was agreed to. A bill (H. R. No. 709) granting a pension to Ophelia E. Simmons; The committee accordingly rose ; and the Speaker having resumed A bill (H. R. No. 794) granting a pension to Stephen Gardner; the chair, Mr. BRIGGS reported that the Committee of the Whole A bill (H. R. No. 642) granting a pension to George Andrew~:~; House had, accordin~ to order, had under consideration the pension A bill (H. R. No. 4182) granting a pension to Sarah A. Hooper; -cases on the Private calendar, and had directed him to report sundry A bill (H. R. No. 3074) grantin~ a pension to Julia A. Ross; bills to the Honse with sundry recommendations. A bill (H. R. No. 662) authorizmg a duplicate check in payment of ANDROS GUILLE. pension to William A. Gardner, of Frederick County, Maryland, in The SPEAKER. The bill (H. R. No.1a40) granting an increase of lieu of one lost • pension to Andreas Guille is reported back with amendments, to A bill (H. R. No. 4202) granting an increase of pension to John F. .strike out "Andreas " and in lieu thereof to insert "Andros," and to Chase· strike out "$50" and insert in lieu thereof" 36." A bill (H. R. No. ~48) granting a pension. to William H. H. An­ The first amendment was agreed to. d-erson l Mr. ATHERTON. I wa-a not here wheR this bill was taken up, A bill (H. R. No. 4217) granting an increase of pension to Rebecca .and I should like to have the indulgence to say this m:m Andros Reynolds; Guillc was not enly wounded in his hand, for which he gets a pension A bill (H. R. No. 1519) granting a pension to Mary P. Thompson; ·of 18 a month, but the same shell injured his arm and shoulder and A bill (H. R. No. 3776) granting a pension to MJtrga.ret McCor­ took off his nose, upper lip, and upper teeth, so that he is a. miserable mick; object, and it does seem to me that $50 a month is a sum small enough A bill (H. R. No. 389) granting a pension to Spencer W. Tryon; -to pay for the disabilities under whichhe labors. !hope, therefore, A bill (H. R. No. 2335) granting an increase of p@nsion to Nicholas .the amendment of the committee will not be agreed to. W. Barnett; The amendment reducing the amount from $50 to $36 was dis­ A bill (H. R. No. 507) granding a pension to Mrs. Maria Worth­ .agreed to. ington; The bill as amended by changing the name from "Andreas" to A bill (H. R. No. 509) granting a pension to C. A. Dietrich; "Andros" was ordered to be engrossed and read a third time ; and, A bill (H. R. No. 2012) to increase the pension of General D. C. 'being engrossed, it was accordingly read the third time, and passed. Thomas; A bill (H. R. No. 2433). granting a pension to William Thomas; PENSION BILLS PASSED. · A bill (H. R. No. 1239) granting a pension to Francis Reichert; The following pension bills, reported from the Oommittee of the A bill (H. R. No. 1290) granting a pension to Modena Smith; Whole Hol1Se on the Private Calendar, with amendments, were con­ A bill (H. R. No. 2093) granting a pension to Godfrey Drayer; ·sidered, the amendments agreed to, and the bills as amended sever­ A bill (H. R. No. 3399) granting a pension to E. L. Husted; ally ordered to be engrossed for a third reading, read the third time, A bill (H. R. No. 1332) granting a pension to Elizabeth Bauer; .and passed: A bill (H. R. No. 3539) to increase the pension of Mrs. Laur~ A bill (H. R. No. 2100) granting an increase of pension to Simon Hentig; .J. Fought; A bill (H. R. No. 4661) granting a pension to Edmund Eastman; A bill (H. R. No. 2031) for the relief of Eli D. Watkins· A bill (H.·R. No. 4662) granting a pension to Noah Caton; A bill (H. R. No. 2088) granting a pension to Caroline Chase; A bill (H. R. No. 3390) granting a pension to Sally C. :Mulligan; A bill (H. R. No. 2089) granting a pension te William J. Lee; A bill (H. R. No. 2592) granting a pension to Mary E. Murray; A bill (H. R. No. 3398) granting a pension to Anna A. Probert; A bill (H. R. No. 4080) granting a pension t.o James Newberry; A bill (H. R. No. 1017) granting an increa-ae of pension to Charles A bill (H. R. No. 34) for the relief of William R. Miller; H. Ordway; A bill (H. R. No. 1048) granting an increase of pension to Bernard A bill (H. R. No. 1180) increasing the pension ef George H. Black­ Brady; man; A bill (H. R. No. 4783) granting a pension to William T. McCoy;

' I 1822 CONGRESSIONAL RECORD-HOUSE. MARon 10,

A bill (H. R. No. 4784) granting n. pension to Daniel D. Long; Also, the petition of 54 citizens of Covington, Kentuc1.-y, for the A biJil (H. R. No. 4785) for the relief of Thomas S. Hopkins; passage of the McKinley bill, :fixing the rates of duty on manufacture A bill (H. R. No. 2148) wanting a pension to Catherine Silvey; of iron, steel, &c.-to the Corumittee on Ways and Means. A bill (H. R. No. 4787) for the relief of Benjamin F. Dobson; and By Mr. CLARDY: Papers relating to the claim of Charles Gordon­ A bill (H. R. No. 1166) granting a pension to John Taylor. to the Committee on Claims. Mr. BROWNE moved to recoDSider the vote by which the several By :Mr. CONVERSE: Memorial of GeorNew Orleans, praying for an appropriation for­ Also, three petitions of citizens of Ohio, urging the passage of the the improvement of the port and harbor of Vicksburgh, :Mississippi, McKinley bill fixing the rates of duty on manufactures of iron, steel, in accordance with the recommendations of the Engineer Depart­ &c.-severally to the Committee on Ways and Means. ment; which was referred to the Committee on"Commerce. By Mr. TOWNSEND: The petition of the Maimed Soldiers' Asso­ :Mr. KELLOGG. I present the petition of the New Orleans Cotton ciation, for increase of pension to soldiers and sailors of the late war Exchange, the New Orleans Chamber of Commerce, the Mecha.nics. who lost an arm or leg while in the line of duty-to the Committee and Traders and Lumbermen's Exchange, the Sugar Planter ' .Asso-­ on Invalid Pensions. ciation, of Louisiana, and the Produce Exchange, in favor of the By Mr. TOWNSHEND, of Illinois: Copies of papers from Nathaniel abrogation of the reciprocity treaty concluded with the Hawaiian.. McKay, of Philadelphia, Pennsylvania, mak:i.J:ig statements relative Islands in the year 1875. As this is a very important document and_ to consul at Demerara exacting commissions-to the Committee on not very long, I ask that it be read. :Foreign Affairs. . The PRESIDENT pro tentpore. Does the Senator wish to have it; By Mr. W .A.IT: The resolutions of tb.e General Assembly of Con­ read, or printed in the RECORD simply t necticut concernin~ the navy-yard in theriverThames-to the Com­ Mr. KELLOGG. Let it be printed in the REco.RD. mittee on .Appropnations. The petition was referred to the Committee on Foreign Relations,. By Mr. WATSON: The petition of ministers ofthe Gospel ofthe and ordered to be printed in the RECORD, a.s follows: State of Pennsylvania, for legislation for the suppression of polyg­ To the honorable the Smate and HOUBe of Representatives of the United States: amy-to the Committee· on the Judiciary. The memorial of the Chamber of Commerce, Cotton Exchange, rroduce Ex­ By :ur. WHEELE:i{.: Memorial of William M. Lowe, asking Con­ change, ldechanics and Dealers and Lumbermen's Exchange, commercial bodies gress to relieve the distress that prevails among the inhabitants of the of the city of New Orleans, to the honorable House of Representatives and Senate­ counties bordering on the Tennessee River-to the Committee on of the United States: R~spectfully represents that they have had under co-nsideration, through spe­ .Appropriations. cial committees and by general inquiry and discussion, the commercial relations oi By Mr. WILLIS: The petition of IsaacS. Hyatt, for pay for loss Mexico, Central and South America, and find th&t in the large and valuable trade of wharf-boat-to the Committee on War Claims. of these countries the United States enjoys a very small proportion, estimated not By Mr. GEORGE D. WI~E : Two petitions of tobacco manufact­ to exceed eight per cent. It appears to us that an effort should be made to remove all impediments which.. urei·s of Virrrinia, asking that inspectors of tobacco be made salaried e:rist, and afford every facility for the fair interchange of the commodities and pro·· officers and be paid as other internal-revenue officers are paid-sev­ ducts of our own and these countries. It may be stated that, because of the su· erally to the Committee on Ways and Means. perior commercial facilities posse sed by European merchants, even the corre­ .Also, th,e petition of J. S. Moss, of B. W. Pickrell, and of Robert J. spondence and travel between the United Stat~s and some of the continental states is conducted via European ports, while merchandise manufactured from American Satterwhite, for relief-severally to the Committee on War Claims. material, and even bread baked in Europe, of .American flour, is consumed in con­ The petition and papers relating to the claim of J. H. Estes were tinental markets in our immediate vicimty. neported from the Committee on the Post-Office and Post-Roads under Wo believe, should the United States adopt a commercial policy with regard to this continent, and commit the commercial relations for adjustment to ministers. clause 2 of Rule XXII, and referred to the Committee on Claims. familiar with the business and character of the S\)anish-American states and colo­ nies, and offer reasonable compensation for re~ar, safe, and Rpeedy transporta­ tion of our mails, we may, With reason, antiCipate that not only will our flag ap· pear in all the tropical ports, but our products will be distributed and preferred m all the ports and markets of the continent. While thus advocating a general SENA·TE. policy for our Government we would further present the immediat~ interests of our own port and ci~. MONDAY 13, 1882. Wehave:n.o hesitation in saying that New Orleans, now connected by coast, river, -lfarch and railroad, as well as by daily mail service 1,1.nd telegraph with every point of· any commercial importance in the Union, havin~ a deep water channel adequate Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. to the navigation of the largest class of vessels, With a fortified! port of refuge from The Journal of the proceedings of Friday last was read and ap­ war and storms sufficient !or the shelter of all the fleets in the world, affords the proved. best point for the organization of this postal mail service. - It may be added that New Orleans has a business and labor class acclimated to the tropical and semi· EXECUTIVE COMMUNICATIONS. tropical climates, and familiar with the languages and mercantile cust()ms of all The PRESIDENT pro tentpore laid before the Senate a communica­ Spanish .America. - It also presents attractions of climate, with educational and social customs which tion from the Secretary of War, transmitting reports from Major the Latin races of the continent can find nowhere else in the Union. W. R. King, C~ps of Engineers, of examinatioBs and surveys of cer­ In view, therefore, of these considerations, we wonld respectfully recommend : tain localities in Kentucky and Georgia, made in compliance with That the Government of the United States should seek by a proper commercial the river and harbor act of March 3, 1881 ; which was referred to policy to acquire an adequate market in Spanish America for our product-s, and_ thus establish successful and legitimate influence in the affairs of the American the Committee on Commerce, and ordered to be printed. continent. He also laid before the Senate a communication from the Post­ 1. By organizing such commercial relations with the several powers as wonld master-General transmitting, in answer to a resolution of March 9, facilitate the interchange of commodities between the United States and those-­ the names of places producin~ a postal revenue of at least $20,000 countries respectively. 2. That to give effect to this policy it will be necessary that Congress should for the fiscal year, where the tree-delivery system of the Post-Office organize a system of postal mail service, which will conduct the correspondence-­ has been established; which was referred to the Committee on Post­ ana commerce between and among these countries. Offices and Post-Roads, and ordered to be printed. 3. That the appropriation for establishing a. line of steamers between New Orleans and the port of Aspinwall, in Central .America, and a line of steamers be­ PETITIONS AND MEMORIALS. tween New Orleans and Rio .Taneiro, according to the terms of bills now pending­ Mr. JACKSON presented a petition of citizens of Tennessee pray­ before Congress, will tend to give immediate and permanent effect and success to­ 1 the continental :policy herein recommended. ing for an appropriation to relieve their sufferings and destitution And your petitioners will, as in duty bound, ever pray, &c. caused by the drought of 1881; which was referred to the Commit­ R. S. HOW.A.RD, tee on .Appropriations. Pr~t Ohamber oj Oommerce. Mr. GORMAN presented a petition of the North German Lloyd THOMAS L. AIREY, President New Orleans Ootton Exchange. Steamship Company, praying to be refunded a sum of money paid a.s H. Q. HIESTER, Secretary. import duty on a shaft of the machinery of the steamship Strassburg; W. M. SMALLWOOD, which was referred to the Committee on Finance. Sec1·etary Produce Exchange. He also presented the petition of Joseph H. Ma.ddox, of Maryland, WM. M. BURWELL, praying for the passage of a bill referring his claim for certain Secretary New Orleans Ohamber of Oommerce. property seized by the United States duringthewarofthe rebellion 11Ir. F .ARLEY presented a memorial of citizens of Yosemite Valley, to the Court of Claims; which was referred to the Committee on California, remonstrating against the passage of the bill known as. Claims. the Yosemite bill, providing for the extension of the Yosemite grant; l1r. CONGER. I present a concurrenl resolution of the Legisla­ which was referred to the Committee on Public Lands. ture of Michi~an. I ask that it be read. Mr. SLATER presented the petition of W. S. Ladd and others,_ The resolutiOn was read, and referred to the Committee o:ra. th~ citizens of Portland, Oregon, praying for the passage of a bill secur­ J uiliciary, as follows : ing to a bridge company the right to complete and maintain a bridge· Whereas the system of polygamy e:risting in certain sections of our country is at Morrison street, across the Willamette River,. in that cit:y.; whiclli t1egrading to the individuals and demoralizing to the communities ailopting it, and· was referred to the Committee on Commerce -~

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