4604 CONGRESSIONAL RECORD-HOUSE. JUNE 14,

tion shall hereafter be considered I shall take occasion to present my A bill (H. R. No. 1897) to remove the political disabilities of W. E. reasons to the Senate. Evans, a citizen of Louisiana; Mr. DAVIS, of Illinois. The Judiciary Committee, with tbe excep­ A bill (H. R. No. 3276) to remove the political disabilities of Will­ tion of the Senator from Indiana, were unanimous about it. iam C. Whittle, of Virginia; The report was ordered to be printed. A bill (H. R. No. 3314) to remove the political disabilities of John Mr. DAVIS, of Illinois, from the Committee on the Judiciary, to T. Mean, of Maryland; whom were referred the bill (S. No. 98) to divide tbe State of Ne­ A bill (H. R. No. 4550) to remove the political disabilities of Thomas braska into two judicial districts, and the "bill (H. R. No. 5067) to L. Moore, of the State of Virginia; and divide the western district of Missouri into two divisions, and to pre­ A bill (H. R. No. 4568) to r~move the political disabilities of Robert scribe tbe times and places for holding courts therein and for other T. Chapman, of Wharton County, Texas. purposes, reported adversely thereon; and the bills were postponed The message further announced that the Senate had passed bills indefinitely. of tbe following titles; in which he was directed to ask the concur­ He also, from tbe same committee, tow born the snbject was referred, rence of the House : reported a bill (S. No. 1404) to provide for the holding of a term of A bill (S. No. 2) releasing Frank Soule, late collector of internal t-he district and circuit courts of the United States at Lincoln, Ne­ revenue of the first district of California, and his sureties, from lia­ braska; which was read twice by its title. bility on his official bond; Mr. McMILLAN. The Committee on Claims have considered the A bill (S. No. 1052) to remove the political disabilities of William bill (S. No. 672) to protect the United States against fraudulent claims, W. Loring; and have instructed me to report it back and recommend its indefi­ A bill (8. No.1283) for the relief of James A. Barr; nite postponement. The provisions of the bill are incorporated in A bill (S. No.1352) to restore the property known as the State Mil­ another bill reported by the committee. itary Academy or Citadel, in the city of Charleston, 8onth Carolina, The bill was postponed indefinitely. to the State of South Carolina; . Mr. McMILLAN, from the Committee on Commerce, to whom was A bill (S. No. 1362) for the removal of the political disabilities of referred the bill (S. No. 835) to provide for tbe construction of a H. A. Edmonston, of Salem, Virginia; bridge across the Missouri River at Decatur, Nebraska, reported it A bill (S. No. 1363) for t.he removal of the political disabilities of with an amendment. E. Kirby Smith, of Tennessee; Mr. GROVER, from tbe Committee on Public Lands, to whom was A bill (S. No. 1364) to remove the political disabilities of William referred the bill ( S. No. 825) for the relief of William L. White, reported S. Smith; it without. amendment. A bill (S. No. 1365) to place Lewis Le:ffman, ordnance sergeant Mr. OGLESBY. The Committee on Public Lands, to whom was United States Army, on tbe retired list ; referred the memorial of William McGarrahan, praying the passage A bill (S. No. 1366) for the relief of Robert Spaugh ; of a law to authorize the perfecting of a patent claimed to have been A bill (S. No. 1367) to aid in the protection of public buildings and issued to him by the United States for certain lands in California, property against loss or damage by .fire; and have had the same under consideration and have instructed me to A bill (S. No. 1396) to remove the political disabilities of A. D. report the same back with the recommendation that the prayer of Whart-?n, of the State of Tennessee. the memorialist be denied and that the memorial be indefinitely ORDER OF BUSINESS. postponed. Tbe committee ask leave to prepare and present a more Mr. EDEN. I call for the regular order. complete report on the subject, to be submitted to the Senate here­ Mr. REAGAN. I ask unanimous consent to take from tbe Speak­ after. er's table the river and harbor bill with a view of non-concurring in The PRESIDING OFFICER. Is there objection to this order Y the Senate amendments, and asking a committee of conference on The Chair bears none. the disagreeing vo~s of the two Houses thereon. EXECUTIVE SESSION. Mr. EDEN. I object. Mr. SAUNDERS. I move that we lay aside the regular order and Mr. REAGAN. 'l'hen I move to suspend the rules and take the bill take np Senate bill No.1284, creating the Utah and Northern Rail­ from the Speaker's table. · way Company, a corporation in the Territories of Utah, Idaho, and Mr. EDEN. Is that the regular order of business 7 Montana, and granting the right of way to said company through The SPEAKER. The regular order is the unfinished business. the public lands. It is a matter that will take no time. Mr. WAD DELL. I want to get a committee of conference ap­ llr. SARGENT. I move that the Senate proceed to the considera­ pointed on the post-route bill. tion of executive business. The SPEAKER. The gentleman from Texas [Mr. REAGAN] is in Mr. SAUNDERS. I h~pe the Senator will not insist on that mo­ charge of the river and harbor bill. tion now. Mr. WADDELL. And I am in charge of the post-route bill, and The PRESIDING OFFICER. The question is on the motion of the have beeri trying for a week to get a committee of conference upon it. Senator from California. Mr. EDEN. The best way to avoid all this difficulty is to go on The motion was a~reed to ; and the Senate proceeded to the con­ with the rAgular order. sideration of executive business. After fifty minutes spent in ex­ Mr. REAGAN. My motion is to suspend the rules and take th.e ecutive session the doors wer~ reopened, and (at five o'clock and river and harbor bill from the Speaker's table, non-concur in the forty five minutes p.m.) the Senate adjourned. Senate amendments, and ask a committee of conference. Mr. WAD DELL. And I want the same in regard to the post-route bill. I have been trying for a week to get in a motion to go to the Spe~ker's table for the purpose of taking up the post-route bill, which has been sent back from the Senate with amendments; and I think, if the Speaker recognizes anybody now, he should recognize me. HOUSE OF REPRESENTATIVES. The SPEAKER. The Chair differs with the gentleman. The gen­ tleman from Texas [Mr. REAGAN] has charge of a bill in nature an FRIDAY, June 14, 1878. appropriation bill, and the Chair has always given preference to such The Honse met at eleven o'clock a. m. Prayer by tbe Chaplain, bills when he could do so. In regard to the regular order, which the Rev. W. P. HAR.rusoN. gentleman from illinois [Mr. EDEN] calls for, the Chair would state The Journal of yesterday was read and approved. that the unfinished business is the bill for the relief of the heirs of the late Rear-Admiral Dahlgren. MESSAGE FROM THE SENATE. Mr. BURCHARD. And pending that, I am on the :floor for the A message from the Senate, by Mr. SYMPSON, one of its clerks, an­ purpose of moving a suspension of the rules. nounced that the President pro tempore had appointed Mr. SARGENT, The SPEAKER. The Chair will recognize tbe gentleman in due on the part of the Senate, a manager at the conference on the disa­ time. greeing votes of the two Houses on the bill (H. R ..No. 4867) making Mr. EDEN. Have I not tbe right to call for the regular order 7 appropriations for the support of the Army for the fiscal year ending The SPEAKER. The gentleman has a right to call for the regular J nne 30, 1879, and for other purposes, in place of Mr. BLAINE, ex- order and the regular order is the bill (H. R. No. 5049) authorizing a cused. · settlement of the claim of the estate of the late Rear-Admiral John The message further announced that the Senate had passed, with A. Dahlgren, which comes over from the session of Tuesday evening an amendment, the bill (H. R. No. 805) to repeal that part of the act last with the previous question ordered upon it.""' approved January 14, 1875, known as the resumption act, which au­ Mr. BRAGG. I rise to a parliamentary inquiry. thorized the Secretary of the Treasury to dispose of United States The SPEAKER. The gentleman will state it. . bonds and rerleem and cancel the greenback currency; in which he Mr. BRAGG. Was not the previous question exhausted upon the was directed to ask the concurrence of the House. third reading and engrossment of the bill t The message further announced that the Senate had passed bills of The SPEAKER. It was, and the question was then on the passage the House of the following titles: of the bill. A bill (H. R. No. 739) for the relief of Henry Plowman; Mr. REAGAN. I ufiderstood that I was recognized to ·submit my A bill (H. R. No. 977) to remove the political disabilities of John motion to suspend the rules. Green, sr., of Alabama; The SPEAKER. Tho CLair wm recognize tbe gentleman immedi­ A bill (H. R. No. 1638) to remove the political disabilities of Albert ately after the disposition of the bill on which the previous question Miller Lea, of Navarro County, Texas; has been ordered. 1878. CONGRESSIONAL RECORD-HOUSE. 4605

Mr. RICE, of Ohio. Is not tho morning hour the regular order of in a conference with tho Speaker on this subject ho said that he business T would do me justice-- The SPEAKER. A suspension of the rules wonld dispense with The SPEAKER. And the Chair says so yet. If the House chooses the morning hour, and otller mot.ions can inteiTnpt a morning hour. to vote down the proposition of the gentleman from Texas [Mr. Mr. EDEN. I call for the regulax order. MILLS] the Chair will then recognize the gentleman from North Carolina, [Mr. W .ADDELL.] ESTATE OF REAR-.ADl\fl.RAL JOHN A. DAHLGREN. 1\fr. WAD DELL. That is all I want. The SPEAKER. The regular order being called for, the question The SPEAKER. This being Friday and private-bill day, the Chair is on the passage of the bill (H. R. No. 5049) a.u~horizing a settlement is bound under the rules to recognize motions in relation to pri va.te of the claim of the estate of the late Rear-Admual John A. Dahlgren. bills. The Clerk will now read the resolution submitted by the gen­ The question was taken upon the passage of the bill, and it was tleman from Texas, [Mr. MILLS.] passed. The Clerk read a-s follows: Mr. HARRIS, of Massachusetts, moved to reconsider. the vote by Resolved, That the Honse will take up the Private Calendar as in Committee of the which the bill was passed; and also moved that the motiOn to recon­ Whole, beginning at the first bill on the Calendar, and proceed regnla.rly through sider be laid on the table. tho same, and when each bill is called there may be five minntea' debate for and The latter motion was agreed to. five minutes against, and no more. RIVER AND HARBOR APPROPRIATION BILL. Mr. TUCKER. Does that require a suspension of the rules 7 The SPEAKER. It does. . Mr. REAGAN. I now move to suspend the rules and take from the Mr. TUCKER. If it is voted down, then I wish to submit a mo­ Speaker's table the bill (H. R. No. 4326) making appropriations for tion in reference to the internal-revenue bill. the construction, repair, preservation, and completion of certain pub­ The question being taken on the resolution of Mr. MILLS, there lic works on rivers and harbors, and for other purposes. The bill has were-ayes 103, noes 72. been returned from the Senate with sundry amendments, and my 1\fr. MJLLS called for tellers. ]Jlotion is to suspend the rules, non-concur in the amendments of the Tellers were ordered; and Mr. MILLS and Mr. WADDELL were Senate, and a-sk a committee of conference. appointed. Mr. EDEN. I rise to a parliamentary inquiry. Mr. CABELL. I rise to a. parliamentary inquiry. If this proposi-. The SPEAKER. The gentleman will state it. tion is voted down I would like to know whether or not the unfin­ Mr. EDEN. I desire to inquire how much has been added to this ished business will then come up. bill by the Senate. The SPEAKER. It will, unless the suspension of the rules by a two- Mr. REAGAN. A little less than a million of dollars; seven hun­ third vote supersedes it. dred and odd thousand dollars. The House divided; and the tellers reported-ayes 8.1, noes 98. 1\1r. SAYLER. That is not a parliamentary inquiry; it is a discus- Mr. BURCHARD and Mr. HALE called for the yeas and nays. sion of the bill, and I object to it. · The yeas and nays were ordered. The SPEAKER. The question is on the motion to suspend the The question was taken; and there were-yeas 102, nays 135, not rules. voting 54; as follows: Mr. COX, of New York. Is it in order now to move to refer this YEAS-102. bill to the Committee on Commerce T · Aldrich, Eden, Kimmel, Ross, The SPEAKER. It is not, for the pending motion is to suspend the Bacon, Ellsworth, Lapham, Shallen berger, rnles, non-concur in the Senate amendments, and ask a committee of Baker, John H. Errett, Lathrop, Sinnickson, conference. Baker, W.H. Evans, L Newfun Lindsey, Smalls, Bayne, Ewing. Lockwood, Southard, The question was taken; and upon a division there were-ayes 142, Beebe, Maish, Starin, . noes 25. Bouck, ~~::i;iin, McCook, Stenger, Before the result of the vote was announced, Brewer, Garfield, McGowan, St()ne, John W. Mr. EDEN called for the yeas and nays on the motion to suspend Briggs, Hale, McKinley, Stone, Joseph C. Bright, Hamilton, Mills, Strait, the rules. . Browne, Hanna., Mitchell, Swann, The question was taken upon ordering the yeas and nays, and there Bundy, Hart, Monroe, Townsend, M. L were 29 in the affirmative; not one-fifth of the last vote. Calkins, Hartzell, Neal, Townshend, R. w·. Before the result of this vote was announced, Cannon, Hayes, Oliver, Veeder, / Clark, Rush Hendee, Overton,­ Wait, Mr. EDEN called for tellers on ordering the yeas and nays. Clymer, Henclerson, Patterson, G. W. Warner, The question was taken upon ordering tellers; and there were 30 in Conger, Henkle, Patterson, T. M. Watson, the affirmative, one-fifth of a quorum. Crapo, Henry, Petldie, White, Ila.rry Cummjngs, Humphrey Phelps, ·Williams, A. S. So tellers were ordered; and Mr. EDEN and Mr. REAGAN were Danfonl, Hungerford, Phillips, Williams, C. G. appointed. Davis, Ilorace Hunter, Powers, Williams, James The House again divided; and the tellers reported that there were­ Deering, James. Price, Williams, Richard ayes 32, noes 149. Dickey, Jones, ·John S. Rainey, Willits, Dunnell, Joyoo, Randolph, Wright. So (one-fifth not voting in the affirmative) the yeas and nays were Dwight, Keifer, Rice, Americus V. not ordered. Eames, Keightley, Robinson, G. D. Accordingly, tellers were not ordered ; and the motion to suspend the rules, non-concur in the Se:Q.ate amendments, and ask a commit­ NAYS-135. Acklen, Collins, Hn.tcber, Riddle, t-ee of conference was agreed to. Aiken, Cook, Herbert, Robbins, The SPEAKERsnbsequently announced as the conferees on the part Atkins, Cravens, Hewitt,G.W. Roberts, of the House 1\1r. REAGAN, 1\1r. KENNA, and Mr. DUN~'ELL. Bagley, Crittenden, Hooker, Robertson, Banning, Culberson, House, Ryan, ORDER OF BUSINESS. Bell, Davidson, Hubbell, Sampson, 1\Ir. 1\'llLLS. Mr. Speaker, I move to suspend the rules and Benedict, Davis, Joseph J. Jones, Frank Sapp, Bicknell, Dean, Jones, James T. Sayler, adopt- Bisbee, Deruson, Jorgensen, Scales, Mr. WAD DELL. The Chair said the other day that he would stick Blackburn, Dibrell, Kelley, Schlcicbor, to his list for motions to suspend the rules ; but this morning he recog­ Blair, Douglas, Kenna, Sexton, nized the gentleman from Texas [Mr. REAGAN] who was not on the Bliss, Durham, Ketcham, Shelley, list at all. Now I claim the same privilege. Blount, Eickhoff, Killinger, Smith, A. HeiT Boone, Elam, Landers, Smith, William E. The SPEAKER. 'l'be gentleman shall receive it. The Chair bas Boyd, Ellis, Ligon, Steele, recognized the gentleman from Texas [Mr. 111ILLS] who moves a sus­ Bragg, Evans, James L. Luttrell, Stephens, pension of the rules in order to proceed to business on the Private Brentano, Evins, John H. Mackey, Stewart, Bridges, Felton, Marsh, Thompson, Calendar, which business is in order on Friday. · Brogden, Forney, May ham, Townsend, Amos Mr. WAD DELL. Does the Chair refer to the gentleman from Burchard, Fuller, McKenzie, Tucker, Texas, Mr. REAGAN! • Cabell, Gardner, Metcalfe, Turney, The SPEAKER. The gentleman from Te~as, Mr. MILLS. Cain, Garth, Morgan, Vance, Caldwell, John W. Gause, Morse, Waddell, Mr. WADDELL. I am asking of the Chair the same privilege Caldwell, W. P. Gibson, Muldrow, Walker, which the gentleman from Texas [1\Ir. REAGAL~] bas had. Candler, Giddings, Muller, Ward, The SPEAKER. The gentleman from North Carolina [1\1r. WAD­ Carlisle, Goode, Norcross, Whitthorne, DELL] will be recognized in due time. Caswell, Gunter, O'Neill, Wiaginton, Chalmers, Hardenbergh, Pa~e, wilfiams, Andrew 1\fr. WADDELL. Congress adjourns on Monday next, and we Chittenden, Harmer, Pollilrd, Willis, Benj. A. have but a short time to do the necessary business of this session. I Claflin, Harris, B. W. Pound, Wood, insist that the Chair has not treated me with the justice tllat he has Clark, Alrah A. Harris, Henry R. Pridemore, Wren, promised to me. Clark of Missouri, Harris, John T. Boo., Yeates, Clarke of Kentucky, Harrison, Reagan, Young. The SPEAKER. The Clerk will read the resolution submitted by Cole, Haskell, Rice, William W. the gentlema.n from Texas, [Mr. MILLs.] Mr. WADDELL. I rise to a personal explanation, and I am very NOT VOTING-54. Ballou, Burdick, Cobb, Cutler, sorry to be forced to do it. Banks, Butler, Covert, Finley, The SPEAKER. The gentleman will state it. , Bland, Camp Cox, Jacob D. Fort, Mr. W AUDELL. I want to state on the :floor of this House that Buckner, Campbell, Cox, Samuel S. Freeman, 4606 CONGRESSIONAL RECORD-HOUSE. JUNE_ 14,

Frye, Loring, R eed, Turner, Mr. WAD DELL. The gentleman is going to raise a question of Glover, Lynde, Reilly, Van Vorhes, Hartridge, Manning, Robinson, M. S. Walsh, order, and I move to suspend the rules, which suspends all points of Hazelton, . Martin, Singleton, W elch, order. Hewitt, AbramS. McMahon, Slemons, White, Michael D. The SPEAKER. The gentleman rises to a question of constitutional Hiscock, Money, Sparks, W illiamR, J ere N. privilege, and it is for the House to determine. H unton, Morrison, Sprin~er, Willis, AlbertS. I tt.ner, Potter, Thornburgh, Wilson. Mr. BLOUNT. I do not see how the House can determine until we Knapp, Pu ~h , Throckmorton, bear the gentleman. Knott, Qumn, Tipton, Mr. CANNON, of Illinois. Certainly not. In the Thirty-fifth Con­ So (two-.thirds not voting in favor thereof) the resolution of Mr. gress, :Mr. Orr at that time being Speaker of the House, a question MILLs was not agreed to. . . identical with this was raised on a resolution offered by Mr. Grow. During the roll-call the followmg announcements were made: The House had passed the general post-office appropriation bill and Mr. LIGON. My colleague from Alabama, Mr. WILLIAMS, is absent the Senate placed upon it certain amendments, among others one by leave of the House. raising the rate of postage from three cents to five cents. Mr. Grow Mr. MULDROW. 1\Iy colleague, Mr. MANNING, is paired with the offered the following resolution, (I read from the House Journal of gentleman from illinois, Mr. FORT. that Congress :) Mr. CARLISLE. My colleague, Mr. Tum.-·En, is paired with the Mr. Grow submitted the following: " Resolved, That Honse bill No. 872, making appropriations to defray the ~nses gentleman from Indiana, Mr. ROBINSON. of the Post-Office Department for the year endiD~t the 30th of June, 1 60 W:J.th the Mr. PUGH. I am paired with the gentleman from West Virginia, Senate amendments thereto, be returned to the Senate, as section 13 of sa1d1 amenll­ Mr. MARTIN. If he were present, I should vote in the affirmative. ment is in the nature of a revenue bill." Mr. FRYE. The gentleman from Kentucky, Mr. KNOTT, is still It beiug ruled as a question of privilege, as is here shown, by Speaker coufined to his house by sickness ; and I feel obliged to continue my Orr, the House adopted the resolution offered by Mr. Grow. pair with him. In 1871, in the Forty-second Congress, this question was again before Mr. TIPTON. I am paired with my colleague, Mr. KNAPP. the House for consideration on a bill which originated in the Senate, The result of the vote waa announced as above stated. repealing the income-tax law. POST-ROUTE BILL. Mr. Hooper, of Massachusetts, moved a resolution reciting it was the privilege of the House to originate revenue bills, and the Hou e Mr. WADDELL. I move to suspend the rules and take from the adopted that resolution, Spe~ker BLAINE specially ruling that it was Speaker's tabl.e the post-route bill for the purpose of non-concurring a question of privilege. That ruling of Speaker BLAINE I send to the in the amendments of the Senate and as}ring a conference thereon. Clerk's desk to be read. Mr. BURCHARD. Has not this bill a subsidy in it¥ The Clerk read as follows: Mr. EDEN. I rise to a parliamentary inquiry. This bill, as I un­ The SPEAKER. In the opinion of the Chair the question presented by the gentle. derstand, contains thirty different sections-- man from Massachusetts is one of privile~ e. The Chair is not left to his own Mr. WADDELL. I object to debate. judgment merely in coming to this conclusiOn, but would call the attention of the Mr. EDEN. I am making this statement as a preliminary-to my House to a precedent estab1ished in the Thirty.fifth Congress. On that occasion the Senate amended the post-office appropriation bill by adilin~ a clause increas. parliamentary inquiry. I understand that the bill involves very im­ ing the rates of postage. On the return of the bill to the House, Mr. Grow, of Penn­ portant principles of legislation and embraces also the Brazilian sub­ sylvania, made the motion, as one of prhilege, that it be r eturned to the Senate be­ sidy. cause it contained a revenue measure. Speaker Orr sustained the motion as priv­ Mr. WADDELL. I submit that under the form of a parliamentary ilep;ed, and the llouse by a decisive majority adopted it. The bill was lost in con­ sequence of the disa;pose or concur with amendments as on other bills. Senate haa a right to originate one or four revenue bills as in this Mr. GAR~'IELD. Let us have the resolution read before the debate case by insertion in a post-route bill. · is entered upon. Mr. WADDELL. If a question of constitutional privilege is in­ ,The resolution was again read. volved the right of the House can be asserted at the proper time. I The SPEAKER. The House must determine whether it is a ques­ do not think this is that time. tion of constitutional privilege in the assertion of the rights of the The SPEAKER. The Chair thinks it is, and that the question ·can Honse. It does not belong to the Chair. If it were a question in be raised in the manner it has been by the resolution. reference to the rules the Chair would determine it. Mr. MILLS. I desire to make a parliamentary inquiry. As I under­ Mr. CANNON, of lllinois. I offer the resolution for that purpose, stand the point raised by the gentleman from Illinois aa to the con­ and desire to be beard touching the question of privilege purely. stitutional privilege involved, it is one for this llouse to determine. Mr. THOMPSON. I suggest to the gentleman-­ The SPEAKER. It is for the Honse to determine whether that Mr. CANNON, of Tilinois. I do not yield. question is_involved here or not. 1878. CONGRESSIONAL RECORD-HOUSE. 4607

Mr. MILLS. Now, can the gentleman discuss that question on a Mr. MILLS. Certainly the House can determine its privilege by motion to suspend the rnles T This is a matter which has to be de­ its vote. cided by a vote of the House and not by argument. The SPEAKER. The gentleman from Illinois rose to a question of The SPEAKER. The motion of the gentleman from North Carolina privilege, and he has a right to discuss it. is to suspend the rnles; but the gentleman from Illinois raises the Mr. WOOD. The gentleman from illinois has risen to a question question of constitutional privilege of the House. of the highest privilege; the privileges of the House, which it is Mr. MILLS. It is a question of constitutional privilege of the alleged have been infringed upon by the Senate by the passage of a House-not of his own. bill to change the revenue laws under the guise of amendments to The SPEAKER. When the Honse d

further with the citation of precedents, although there are many of both as to the amount and nature of all taxes of every sort wbic!! arc to bo le-vied, there seems a. peculiar fitness in giving to the Senate a power to alter and amend, them since the adoption of the Constitution. I will close by saying as well as to concur with or reject all money bills. that. the longer I am permitted to be a member of this House the bet­ ter I am satisfied that tho best interests of the Government are to be Now, let me read further a paragraph from section 877: subserved by the direct representatives of the people asserting all There would also be no small inconvenience in excluding the Senate from the their rights under the Constitution and defending them against the exercise of this power of amendment and alteration, since, if any, the slightest modification were required in such a. bill to make it eitl..ter palatable or ju8t, the / Senate or any other power. Senate would be compelled to reject it, although an amendment of a single line Gentlemen may say that this section or that is a small matter, and might make it entirely acceptable to both Houses. Such a. practical obstruction to that we can afford to overlook it. I call the attention of gentlemen the legislation of a free government would fa.r outweip:h any supposed theoretical to the fact that a principle is involved, and to the further fact that advantages from the possession or exercise of an exclusive :power by the Houso of Representatives. Infinite perplexiti£s and misunderstandings and delays would the gentleman from Ohio, [Mr. GARFmLD,] in summing up his argu­ clo~ the most wholesome legif;lation. Even the annu!!.l appropriation bills might ment on this question, said that never from the foundation of the be m danger of a miscarriage on these accounts, and the most painful dissensions Government to the present time had the attention of the House been might be introduced. called to this question but what it had with unvarying practice Mr. Speaker, this question haa been sprung suddenly upon the asserted its · ri~ht as against the encroachments of the Senate. House without time for investigation ; hence I cannot refer to par­ The Senate 1s made up of two representatives from each State. The ticular cases; but every one familiar with the course of legislation little State of Delaware sends two and the State of Nevada with her here knows that through the whole history of our Government the twenty tlwusand voters sends two. The great State of New York, Senate has claimed and exercised the right to ameud and alter bills with thirty-five Representatives in this House, and the great State of of this kind. It seems to mf\ that unless the Senate has attempted Dlinois, with nineteen Representatives, each send but two members to originate a -revenue bill strictly in the sense of the Constitution, to the Senate. as stated by Mr. Justice Story, we shall go too far if we send this bill Now shall it be said that, in view of these fact and in view of the back to the Senate with the notice that it has transcended the limits to further fact that the Senate, with its power confirm appointments, of its constitutional power. It is a grave thing to send such a mes~ very largely exercises the power of controlling them, is reaching sage to the Senate. It ought not to be done wit.hout due delibera.­ out and grasping greater power than was contemplated by the Con­ tion and a clear conviction that we are in the right. My own judg­ stitution, we will consent to its exercising a power conferred exclu­ ment is that none of the sections of the bill as read and commP.nted sively upon t.hisHouse, and which practically controls the purse-strings upon by the gentleman from Illinois are obnoxious to the provision of the people, and thrusts upon the country ill-digested revenue meas­ of the Constitution to which he has referred. Hence I doubt t-he ures and in effect demands their passage as the price of the passage of propriety of sending, inneed I oppose sending such a message to the a bill establishing post.-l'Outes that are sought to be established f In Senate accompanying the return of this bill. view of the rights of the House under the Constitution and in view In support of the views I have ex1>ressed I append to my remarks of the importance of this question to the country, I ask the House to a report on this subject made in the Senate of the United States vindicate its privileges, and with due courtesy to send this bill back March 2, 1871 : to the Senate with the information that that body has no right to Mr. Scott, from the committee of conference appointed by tlle two Houses to trench upon the prerogatives of the House in regard to revenue meas­ consider the question as to the power of the Senate to m·iginate the bill (8 . .r o. ures. 1083) to repeal so much of the act approved July 14, 1870, entitled "An act tore­ If no other gentleman desires to be heard upon this question I will duce internal taxes, and for other purposes," as continues the income tax after the 3Lst day of December, 1869, submitted the following report: move the previous question. The manai!ers on the part of the Senate of the conference committee appointed :Mr. REAGAN. I desire to be heard on this question. by the two llouses of Congress to consider the question raised by the resolution of Mr. CANNON, of Illinois. How much time does the gentleman the House. adopted on tho 27th of January, 1871, directing the return to the Sen. want! ate of "Se.nato bill No. 10B3, to refeal so much of the act approved July 14, 1870, l\Ir. REAGAN. I do not know that I shall want over five minutes. entitled '.An act to reduce interna taxes, and for other purposes,' as continues the income tax after the 31~ day of December, 1869, with the suggestion that section Mr. CANNON, of Illinois. I will yield to the gentleman for five 7 of article 1 of the Constitution vests in the House of Representatives the sole minutes. power to originate such measures: and by the resolution of the Senate of February Mr. REAGAN. I do not want to be limited as to timo; I will not 1, 1871, rdurning said btll to the House," report: That, having met, after full and free conference, the joint committee have been occupy more time than is needed. unable to agree. · There can be no question of the right of the Honse to originate The managE"rs upon the part of the House of Representatives, Messrs. Hooner, revenue bills. The question· which arises is, what is a revenue bill T ALLisoN, ana VOORHEES, maintained "that accordin~ to the true intent and mean­ I read from section SclO of the Commentaries on the Constitution of ing of the Constitution it is the rip:ht of the House of Representatives to originate all bills relating directly to taxation, including all bills imposing or remittin"' the United States, by Chief-Justice Story: taxes; and that in the exercise of that right the House of Representatives shall What bills are properly "bills for ra1sm~ the revenue," in the sense of the Con­ decide the manner and time of the imposition and remission of all taxes, subject stitution, has been matter of some discussiOn. A learned commentator supposes to the right of the Senate to amend any of such bills originating in the House be­ that every bill which indirectly or consequentially may raise revenue is, within fore such bills have become a law." the sense of the Constitution. a revenue bill. He therefore thinks that the bills The managers upon the part of the Senate maintained " that, according to the for establishing the post-office and the mint and regulating the value of foreign true intent and meaning of the seventh section of the first article of the Constitu­ coin belong to this class, and ought not to have originated (as in fact they did) in tion, • bills for rai in!! revenue' are those bills only the direct purpose of which is the Senate. But the practical construction of the Constitution bas been against to raise revenue by laying and collecting taxes, duties, imposts, or excises, aml his opinion. And, indeed, the history of tho origin of the power already suggested that a bill may originate in the Senate to repeal a law or portion of a law which abtmdantly proves that it bas been confined to bills to levy taxes in the strict imposes taxes, duties, imposts, or excises." sense of tile words, and bas not been understood to extend to bills for other pur· In advising adherence to the position taken by the managers upon the part of the poses, which mav incidentally create re-venue. No one supposes that a bill to sell Senate they deem it a proper occasion to present the reasons which, in their opin­ a.nyofthepublio'land'l, or to sell public stocks, is a bill to raise revenue, in the sense ion. justify them in that advice. of the Constitution. Much less would a bill be so deemed which merely re~ulated the The words of the Constitution which are viewed in these opposite senses are as value of foreign or domestic coins, or authOJized a. discharge of insolvent debtors follows: upon assignments of their estates to the United States, giving a priority of pay­ "All bills for raising revenue shall originate in the Honse of Representatives; ment to the Unit~d States in cases of insolvency, alt.hough all of them might inci­ but the Senate may propose or concur with amendments as on other bills." dentally bring revenue into tho Treasury. In seeking for the meaning of this provision, we naturally look at the history­ and circumstances which preceded and attended its adoption; at the practice of The point is, what is a revenue bill within the meaning of the Con­ Congress in its legislation rmder it ; and at the construction which bas been put stitution f This commentator says that it is a bill for the raising of npon it by commentators. revenue. In a chapter which is devoted to a discussion of this sub­ The men who framed our Constitution were students of the unwritten const:tu­ ject reference is made to the practice of the British Parliament, and tion of England, and there can be no doubt that this provision is such a modifica­ tion of the practice of the House of Commons, as to money bills, as they believed it is shown that the practice there was much more rigidly in favor of suited to the new government they were then forming. the House of Commons than it has ever been in regard to the House That we may see clearly what that ;practice was and the reasons which are as­ of Representatives of the Congress of the Uuited States. It is in­ signed for it, we quote the words of S1r William Blackstone: "The peculiar laws and customs of the House of Commons relate principally to sisted that practically and of necessity the Senate must have the the raising of taxes and the election of members to serve in Parliament. power to alter and amen~ revenue bills. Otherwise it would be of no "First, with regard to t-axe!<, it is the ancient indisputable privilege and rip:ht of use to have a Senate, so far as questions of this kind are concerned, the House of Commons th&t all grants of subsidies or parliamentary aids do begin but the Senate would be obliged to accept or reject such bills as they in their bouse, and are first bestowed by them ; although their grants are not effect. came from the House, aud there would be no.alternative if the Senate ual, to all intents and purposes, until they have the assent of the other two branches of the le~lature. The general reason given for this exclusive privilege of the was not permitted to amend revenue bills. House of vommons is that the supplies are raised upon the body of the people, and The object of no one of the sections to which the gentleman from therefore it is proper that they alone should have the right of taxing themselves. Illinois [Mr. CANNON] has referred, as I understand it, is to raise This reason would be unanswerable if the Commons taxed none but themselves; but it is notorious that a very large share of property is in the possession of the revenue in the sense of the Constitution. The amendment of an House of Lords; that this property is equally taxable, and taxed as the property existing Jaw, which law in some way incidenta1ly affects revenue, is of the Commons ; and therefore the Commons not being the sole persons taxed, .this not, as Chief-Justice Story saysJ within the prohibition of the Con­ cannot be the reason of their having the sole right of raising and modeling the stitution. supply. The true rea.sdn, arising from the spirit of onr constitution, see1Il8 to be this: The Lords being a. permanent, hereditary body, created at pleasure by the The gentleman from lllinois has referred to the fact of two small King, are supposed more liable to be influenced bytheCrown, and when once in1ln­ States h:tving power in the Senate aa great as two of the larger States; enceo. to continue so, than the Commons, who area temporary, elective body, ft eely and presents that as an objection to giving the Senate power over nominated by the people. It would therefore be extremely dangerous to give the questions of this kind. I will read from section 876 what Chief-Justice Lords any power of framing new taxes for the subject; it is sufficient that they have a power of rejecting, if they think the Commons too lavish or improvident in Story says in answer to that: their grants. But so unreasonably jealous are the Commons of this valuable priv­ And above all as direct taxes are and muRt be appo;tioned amon~ the States ilege, that herein the.v will not suffer the other house to exert any power but that according to their Federal population, and as all the States have a distinct interest, of rejecting; they will not permit the least altel'ation or amendment to be male 1878. CONGRESSIONAL RECORD-HOUSE. 4609

by the Lords to the mode of taxing the people by a money bill; under which appel­ as we desire by this history, and referring to tho debates as given in the Madison lation are included all bills by which money is oirected to be raised upon the sub­ Papers, but which we have not quoted, to show- ' ject for any purpose or in any shape whatsoever ; either for the exigencies of the First. That the convention started with the two OP\)<>Site ideas before it, namely: gov~rnment, and collected from the kingdom ·in geneml, as the land-tax; or for "That each House ought to· possess the right of onginating avernm.ent, submitted, on the same day, by ChArles officers of the Government, shall origi­ but the Senate may propose or concur Pinckney, is thls provision in article 3: nate in the House of Representatives, with amendments as on other bills. . No "All mone:y bills of every kind shall originate in the House of Thlleg:1tes, and shall and shall not be altered or amended by money sh:ill be drawn from the Treas­ not be altered by the Senate." (lb., page 146.) the Senate. No money shall be drawn ury but in consequence of appropria­ On the 31st of May the sixth resolution of Mr. Randolph was adopted. (lb., page ft-om the public Treasury but in pursu­ tions made by law. w~ . ance of appropriations, which shall orig­ On the 13th of June Mr. Gerry moved to add the following words t~ the fifth inate in the House of Representatives. resolution reported by the committee, being the sixth offered by Mr. Randolph, The first clause of the section as adopted is now the seventh section of the first (see page 181,) namely, "Excepting money bills, which shall originate in the first art-icle, the second clause being transferred by the revising committee to section 9. branch of the National Legislature." This was negatived-yeas 3, ru~oys 8. (Ib., Before commenting upon the meaning of the clause as adopted, it is proper also t~ paJ!e 174.) insert here the form of words which Mr. R.'Uldolph desired to use in re-inserting On the 19th of June the Committee of the Whole reported on the resolutions sub­ tho rejected clause: mitted by Mr. Randolph, and the fifth resolution as reported by them is, " That ".Article 4, section 5, being reconsidered- each branch ougi.Jt to possess the right of originating nets." (lb., page 181.) " Mr. Randolph moved that the claut!e be altered so as to read : ' Bills for raising On the 26th of June this passed unanimously. (lb., page 191.) • money for the purpose of revenue, or for appropriating tho same, shall otiginate m It was at this stage tho convention reached the question of representation in the the House of Representatives.' "-(Madison Papers, pages 1305, 1306.) ·two branches of Congress, and as this is alleged to have entered into the final set­ The object of this amendment was declared to be to exclude the idea that the tlement of tho question we are considering, it is proper it should bo noticed. section extended to all bills which might incidentally affect the revenue. With On the 2d of July a committee was elected by ballot, consisting of one member all this in remembrance, the committee of revision reported the words as they now :from each State, to whom the resototions (the seventh and eighth) pro>iding for stand in section 7, article 1. rt~presentation were referred. Now, recuning to the section stricken out and looking at the parts omitt-ed, On the 5th of July that committee recommended to the convention tho foll'lwiug which are placed iu Italics, it will be apparent that the omission of the proposed propositions : restrictions upon the power of the Senate is equal to an express affirmation that · 1. That, in the first branch of the Legislature, each of the States now in the the Senate has the power- Union bo allowed one member for every forty thousand inhabitants of the descrip- First To originate appropriation bills ; • tion reported in the seventh resolution of the Committee of the Whole Hoose; thut Second. To originate bills for fixing the salaries of the officers of the Gi>vern­ each State not contaiiiin~ that number shall be allowed one member; that all bills ment; and, by way of emphasizing the fact, a reassertion ; for raising or appropriatmg money, and for fixing the salaries of the officers of the Third. That money may be drawn from the Treasury upon appropri 'lotions which Government of the United States, shall originate in the first branch of the Legisla. do not originate in the House of Representatives. • ture, and shall not be altered or amended by the second branch; and that no money Iu view of this clear decbration of the intent of the framers of the Constitution, shall be drawn fi-om the publio treasury but in pursuan~ of appropriations to be which would seem to leave no room for question as to the only power intended to 01iginated by the first branch. be vested in the House to the exclusion of the Senate, let us see what lills been the 2. That, in the second branch of the Legislature, each State sh..U have 5Ul equal practice of Congress under it. vote. (lb., page 194.) And first, as to appropriation bills. It is true that the power to originate them · On the Gth of July the first part of the first proposition was referred to a select is not in question uow; but having shown, aa we think, clearly, that the Senate has oommittee, and that part providing for" billsforraisingor appropriating money," that power, it is well to look at the extent to which this claim of exclusi>e right is &c., being subruitted to a vot~ was declared adopted, tho votes standing thus: yeas, pushed, how unfounded it is, and in what inconsistent positions the House has 5 States; nays, 3 States; diviaed, 3 States. (lb., pages 195, 196.] placed its own claim by its action. When we find it asserted in one instance and ' On the 16th of JulytLe whole subject of representation and money bills was em­ expressly repudiated in another, and when it is a claim made in derogation of the bodied in a report which fixed the number of Representatives, provided that rep­ power of the Senate, this double construction should certainly excuse some doubt resentation ought t~ be proportioned according to direct taxation and for a census, as to whether the claim is well established. And yet it is easy t~ demonstrate that gave each St.ate equal r('presentation in the Senate, and contained this provision: the House has both asserted and denied that ''bills for raising revenue" include .Resolved, That all bills for raising or appropriating money, and for fixing the appropriation bills.. Without enumerating the precedents to which. we arc referred, salaries of the officers of the Gonrnment of the United States shall originate in it lS·snfficient to say that the acts of the House upon amendments to its own bills, the first branch of the Legislature of the United States1:md shill not be altered or and upon those originating in the Senate, come in direct antagonism with each amended by tho second branch; and that no money shau be drawn from the public other. The claim has been that appropriation bills are revenue bills within the 'l.'reasnry but in pursuance of 'l.ppi-opriations to be originated by the first branch. meaning of the Constitution. If an appropriation bill is one of that class, then no (lb., pages 205, 2C6.) amendment which the Senate could 'ldd to it would be liable to objection, because On the 26th of July all the propm~itions previously adopted were referred to the the same clause of the Constitut-ion which requires them to originate in tbe House, committee of detaiL (lb., pages 2'20, 221, 22'2.) expt·essly empowers the Senate to amen

' 1lifferent opinion ; but neither of these cases is at all plirallel to the case in hand. to money bills in the British Parliament a.nd the history of the clause in our Con·. It will also be noted that the Senate, which was favorable to Mr. Clay's bill, re­ stitution, says: ceived it as a proper measure to originate in that body, and that the Senate which " What bills are properly bills for raising revenue, in the sense of the Constitu­ laid Mr. McDUffie's resolution npon the table was opposed to the measure it pro­ tion has been matter of some discussion. A learned commentator supposes that posed. It is probable the precedents lose some of their value from these facts, every bill which indirectly or consequentially may raise revenue is, within tho when quoted upon a question of constitutional law. The loan bill of last session sense of the Constitution a revenue bilL He therefore thinks that the bills for estab­ is sufficient answer to the precedent of the Treasury-note bill, without entering lishing the Post-Office and the Mint and regulating the value of foreign coin be­ into an examination of the power under the Constitution to borrow money. The long to this class, and ought not.to have origiriated, as in fact they did, in the !:lenate. question might well be raised whether the Senate has the power to originate a bill (1 Tucker's .Slack. Com., appendix 261 and note.) But the practical construction of establishing a different mode of taxation, or a. different scale of duties, even if they the Constitution-has been against his opinion. And indeed the history of the origin are reductions of the existing taxes and duties; for, whether it be more or less, a. of the power nlready suggested abundantly proves that it has been confined to bills tax or duty imposed does raise revenue; but it seems t~ be a contradiction in tenns to leyy taxes in the strict sense of the woriiS, and has not been understood to exten-t to say that a bill to repeal a special tax altogether, and thus prevent the collection to bills for other purposes which may incidentally creat~ revenue. No one supposes of revenue from that source, is a. bill for raising revenue. That the repeal may that a bill to sell any of the public lands or to soil the public stock is a bill to raise necessitate the imposition of other taxes is no argument against the power to intro­ revenue in the sense of the Constitution.· Much less would a bill be so deemed duce such a bill. It would be equally good against the power to originate a bill which merely regulated the value of foreign or domestic coins, or authorized a dis­ fixing tho salaries of officers of Government, for every increase in these salaries charge of insolvent debtors upon a.ssignwents of their estates to theJJnited Sr.ates. necessitates a.{Jditional taxation; and yet we think it has been shown that this giving a priority of payment to the United States in cases of insolvency, although power is undoubtedly possessed by the Senate. ill of them mignt incidentally bring revenue into the Treasury." (Section 877.) Besides, the repeal of the tax cannot be accomplished without the concurrence of The same view is taken in Bouvier's Law Dictionary, title "Money bills." Rawle, the representatives of the people, who will then have the determination of whether in his view of the Constitution, (pa~e 60,) questions the policy or necessity of this it does require other taxes to be laid, and if it does, what these taxes shall be. exception, but says: "It was probaoly supposed that the members of the House of Thus no siifeguard of the people is taken away by theexerciseof this power by the Representatives, coming more frequently from the body of the people, and, from Senate. · their numbers, combining greater variety of charaot~r and employment, would be Again, if, as contended, the clause was intended as a. protection to the larger well qualified t~judge not only of the necessity but also of tho methods of raising States aaainst the imposition of taxes by origination in the Senate where each State revenue. On all other subjects a bill may originate in either Honse." has equ:ii representation, bow is this security affected by permitting the Senate to Curtis, in his History of tho Constitution, considers that the adoption of this originate a measure for relief from that taxation which has already originated in clause was influenced by t-he settlement of the mode of electing the President in the House! If the larger States can, by originating tax laws in the House, do in­ case of failure to choose by the electors. He says: ' justice to the smaller ones, which have fewer representatives, may not the smaller "To this great influence [t.ha~ of electing the President by ~h~ Senate] many mem­ States, through tho Senate, where each Stat~ is equal, at least make the effort tQ bers from the larger States desired, natnriilly, to add the pnVllege of conftnina the procure justice from the House, by sending it a measure for repeal 1 origin of revenue bills to the Honse of Representatives. They fonnd in the 'Com­ That no such view aa that now taken has ever heretofore boon seriously urged mittee some members from the smaller States willing to concede this privilen-e, 3.9 may fairly be inferred from the following list of laws upon the statute-books, all the price of an ultimate election of the Executive by the Senate aud of other of which originated in the Senate, and, as will be seen. by their titles, much more arrangements which tended to elevate the tone of the Gi>vernment by increasinn­ nearly approach the character of revenue measures th-an does the bill for the repeal the power and influence of the Senate. They fonnd others, also~ who apvro\"ed of of the income tax. . . it upon principle. The compromise was a.ccordin~ly effected in the committee, and Others of similar character might doubtless be referred to if time permitted a. in t¥s attitude the question concerning revenue bills again came before the con­ more extended examination of the journals, but these, beginning in 1815, and com­ vention. ing down to the session of 1870, will suffice to show the acquiescence of Congress "But there, a scheme that seemed likely to elevate the Senate into a powerful oll­ in the power now questioned: ~chy, and that would certainly put it in the J>OWer of seven Statei!, not contain. 11 First. To repeal so much of the several acts imposing duties on the tonnage of mg a third of the people, to elect the Executive, when there failed to be a choice ships and vessels, and on ~oods, wares, and merchandise imported into the United by the electors, met with strenuous resistance. For these and other reasons, not States, as imposes discriminating duties. (Statutes, vol. 3, p. 224, ch. 77. March necesaary to bo reconnted here the ultimate choice of the Executive was trans­ 3, 1815.) ferred from the Senate to the Honse of Representatives. This change, if coupled " Second. To continue in force the second section of the act supplementary to an with the concession of revenue bills to the Honse, without t-he right to amcnu in act to regulate the duties on imports and tonnage. (Statutes, vol. 3, p. 369, ch. 50. the Senate, would have thrown a large balance of power into the former assembly; March 3, 1tll7.) and in order to prevent this inequality, a provision was wade, in the words used "Third. To continue in force act ~assed 20th of May, 1818, supplementary to the in the constituhon of Massachusetts, that the Senate might propose or concur with act to regulate tho collection of duties on imports and tonnage, passed March 2, amendments, as on other bills. With this addition, the restriction of tho ori¢n 1799. (Statutes, vol. 3, p. 56J, ch. 44. April18, 1820.) of bills for raising revenue to the House of Representatives finally passed, with " .Fourth. To equalize the duties on ve~sels of ,the Republic of ColombiA and but two dissentient votes." (Volume 2, pages 2:U, 222.) their cargoes. (Vol. 4, p. 154, ch. 26. April20, 1826.) Adding as a foot-note: 1 "Fifth. In addition to an act concernmg discriminatina duties of tonna~e and ' The history of this provision shows clearly that a bill for appropriating money imports, and to equalize the duties on Prusaian vessels an8 their cargoes. (Vol. 4, may originate in the Senate." p. :!08, ch. 11. May 24, 1828.) The only authority quoted as directly asserting the view now taken by the "Sixth. To repeal the tonnage duties upon ships and vessels of the United Honse managers is Tucker's Blackstone, (volume 1, page 195,) and note in appendix, States, and upon certain foreign vesaels. (Vol. 4, p. 425, ch. 219. May 31, 1830.) (page 261.) "Seventh. 'l.'o oxplam and amend the eighteenth section of the act of July 14, The first reference we find to be a discussion, not of this clause of the Constitu­ 1832, to alter and amend the several acts imposing duties on imports. (Vol. 4, p. tion, but of the equality of reprt-sentation in tho Senate, and, taken altogether, 635, ch. 58. March 2, 1833.) . does not sustain the posttion for which it is quotevernment in itd poses. (Statutes, vol. 12, p. :H3, chap. 46. August 5, 1846.) early history. Wo gi\"e it in full. Speaking of the bill whichallowedachargofor "Sixteenth. An act to authorize the refundiiig of the national debt. (Statutes coinage at the Mint, he says : of second session Forty-first Congress, p. 272. July 14, 1870.)" "ConsCl)uentl:v, every bill for this purpose, or for any other by whioh a ravenna Having examined the adoption of this clause of the Constitution and the P.rac­ may be raised. should originate in the House of Representatives. Yet I am very tice under it, let us now look at tho construction which has been put upon 1t by much mistaken if a. recurrence to the early journals of the Senate of the United commentators and others of authority. In aiding us to construe it we quote what States would not prove that the several acts for establishing the Post-Office, for G onverneur Morris, one of that committee of revision, says in his remarkable regulating the value of foreign coins, and for establishing a Mint, all originated in letter to Timot-hy Pickering, written in 1814: the Senate. The reason of the acquiescence of the HousQ of Representatives on "What can a histoz-y of the Constitution avail tOward interpreting its provis­ these occasions probably was~ tha-t no revenue was intended to be drawn to the ions 7 This must be done by comparing the plain import of the words Wlth the Government by these laws; wnereas strictly speaking, a revenue is raised by the general U>nor and object of the instrument. That instrument was written by the act establishing· the Mint, (2 Cong. C. 16, sec. 14,) equal to t per cent., as an fingers which write this letter. Having rejected redundant and equivocal tenns, indemnification t~ the Mint for the coinage ; and in tho case of the bill for estab­ I believed it to be as clear as our language would pennit, excepting, nevertheless, lishing the Post-Office, there can be no room to doubt that it operates as a revenue a part of what relates to the judiciary. " law, and that to a very considerable amount." •- If the language had been "all bills for the purpose of raising revenue," it would To show, however, tho same author's view of the clause now under oonside~ hardly be contended that the plain import of these words woUld include not only tion, we q note him on page 215: a bill to ap:propria.te revenue, but also one to repeal an act which had for its pur­ 0 pose the r:using of revenue. .A.nd yet if these words had been inserted, it is sub­ tu~~ ~et!~uu:i~d~fe~~~ w~ta:; G.C:!tttt~i!1'!eb:~ ~tf:n~~~ ~~~ti~ mitted they would have been considered redundant, and stricken out. The words decided advantage and superiority on. the part of tho former. We shall perh.'l,P8 now used convey the same meaning as if Mr. Randolph's amendment had been discover, before we dism•ss tho comparison between them. that all its defects ar1seo adopted, the tenn "revenue " being substituted for money. .A. bill for raising from some degree of aJ,>proximation to tho nature of the British government. revenue, in tho plain import of the words, .means a bill which intends to have and 11 The exclusive priv1leges of the House of Commons, and of our House of Rep. will have the effect of raising revenue; not of raising in the sense of increasing, resentatives, with some small variation, are the same. Tho first relates to mono~ but of producing, yielding revenue, and putting it into the Treasmy. bills1 in which no amendment is permitted to be made by the House of Lords, is George Mason, in assigning his reasons for not signing the Constitution, (1 El- mollified by our Constitutution so as to ~ve the Senate a concurrent right in ovcry liott's Debates, 494,) says: • respect, except in the power of originatina them, .and this upon very proper prin­ "The Senate have tho power of altering all money bills, and of originating appro­ ciples; the Senators not being distinguished from their fellow-citizens by any ex­ priations of money, and the sa1aries of the officers of their own appointment, in clusive privileges, and be~, in fact, the representatives of the people, though conjunction with the President of the United Sta.tes, although they are not the chosen~ a ~erent manner from the members of the other House, no good reason. representatives of the people or amenable to them." could be asa1gned why they should not. have a voice on the several p:y-t.s of a reve­ Story, in his Commentaries on the Constitution, after reviewing the practice llS nue bill, as well as on the whole taken together." · 1878. CONGRESSIONAL RECORD-HOUSE. 4611

Without extending t.hese quotations further, we may safely say, not only that to originate revenue bills as the immediate representative of the peo­ ~he legal authorities sustain the position taken by the mana.::;:ers on the part of the Senate but many of them point out 11-lso the dissimilarity oetween our Govern­ ple, I presume, bas never been questioned frQm the adoption of the ment and that from which this restriction was borrowed, and that tho provision is Constitution in 1789 down to the present time. But the right of the a r!'mnant of ~lish law and custom, not in harmony with our institutions. Senate to amend the bill now before the House is unqr estioned as a · The grant of tlie power of amendment was a surrender of the whole principle, branch of the legislative department of the Government. And if the for the power of the amendment has no limit. If the House propose to tax at one rate the Senate may amend to another-lesser or greater. To any bill for raising Senate possesses no such power of amendment, then, sir, in teference revenue they may add amendments which increase or diminish burdens; which to all questions of revenue the Senate would be simply a concurring select new OQ~ects of taxation, 0:1:" o~t those proposed by the Honse. If they ~­ body with no power to alter, Change, or amend the bill as adopted by crease salaries, or make appropriations, taxation maY: be necessary to pay them .1f the House. tho Hoose concur. So, if they propose to repeal the mcome tax, can more be said than that o-:-her taxes may be necessary, or may not be f Is the power to depend So far as the question of privilege is concerned, then it cannot be upon such a contingency 7 If so, where uoes this limitation stop 7 raised, for the reason that this is not a bill for the raising of rovenne, As Con!!ress can exercise only the powers granted, and such powers aa are neces­ and even if it were t.he power of the Senate to propose alteration or sary to ca'rry them into effect, 1s it not reasonable to say that when one branch of make changes or amendment in such a. bill is secured to the Senate ConEr,ress claims any power to the exclusion of the other branch, that exclusion shoulu be as plllinly written as an express grant of power. Brought to that test, a-s absolutely and unquestionably under the terms of the rule and of it will be hard to find such an exclusion of the power to repeal a law in tho words, parliamentary law on the subject as the power of the Honse solely "all bills for raisin~ revenue shall originate in the Honse of Representatives." and alone to originate the bill. If the Senate undertook to originate Looking at the origin and history of thls cla.nse, at the constant and unques­ a bill on this proposition it would have been an infrin.gement of the tioned practice nuder it in the passage of so many laws which may affect revenue, at the preponderance of legal authority in constructing it, and at the manifest privileges of the Honse, which should be resented by the House re­ difference between the structure and powers of our Government and those of the turning the bill. But this is a case where the Senate simply exercise British government, upon whose practice this distinction is sought to be estab­ the power of amendment, and exercise it, Mr. Speaker, too, under the lished we cannot doubt that the Senate had the power to originate the bill which proviso, for when yon look at the language of the Constitution you has gi~en rise to this question, and, so conaillering, we do not think further con- will see, while the power is secured to t.he Honse to originate, it is ference necessary. JOHN SCOTT. under the proviso by which the Senate is authorized to make amend­ ROSCOE CONKLING. ments. Therefore, so far as the proposition of the gentleman from E. CASSERLY. Dliuois is concerned on the question of privilege, it undoubtedly can­ Mr. CANNON, of Dlinois. I yield three minutes to the gentleman not b~ said to be one of such character as to authorize this House to from Massachusetts, [Mr. BANKs.] treat the co-ordinate branch of the Le~isla.ture with the disrespect of Mr. BANKS. Mr. Speaker, this is n very grave subject and one returning a bill to which they have s1mply made respectful amend- which the House should well consider. I do not propose to speak as ments. . t.o the respective rights of the Senate and the House with regard to Mr. CANNON, of Illinois. I now yield for five minutes to the gen­ revenue bills, but what the gentleman from Texas [Mr. REAGAN] tleman from New York. has said on that subject is substantially correct and ought to be well Mr. WOOD. Mr. Speaker, when the Constitution of the United considered. The Constitution, article 1 section 7, provides that" all States was formed it was desi~ed by its framers to pres~rve the form bills for raising revenue shall originate in the House of Representa­ of the government of Englan~~s ll!l>ve but the Senate may propose or concur with,amendments as on other bills. seen that that sort of legislation is pernicious~ T.Q.ey 4a.ve m;Kle This is not, in the strict sense of the term, a. bill for raising revenue amendments to their constitutions and t4eir parUam!')nt~ry coqes, :to begin with. But if it were absolutely so on its face designed and and it is of the highest interest and importance t.Q.at there f::ll!.ould be intended for that purpose, the power of the Senate to amend it I pre­ simplicity in our bills and that they !3hall not be subject to dem~rrer -sume has never been qnestioned. The power of the Senate to origi­ for multifariousness. All om~ib11s 'QiU-s qnggt to be ~9rqtini?!e4 care,. nate has never been suggested. The exclusive authority of the House fully ; and when they come iq :tier~ oq coqfereqce reports that are 4612 CONGRESSIONAL RECORD-HOUSE: JUNE'" 14;

unamendable we ought of all things guard the Honse of Represent­ sired to kill the bill; and instead of sending it back to the Senate, the atives where all mone~ bills originate. According to all teachings Honse took the other course, but they sent a message to the &nate, of reason and history the right to raise money draws to us the right that by the amendments that the Senate had put upon that bill, in to appropriate it. One is the principal ; the other is the incidental the judgment of the House, the prero~atives of the House had been power; and as a member of the popular branch I would not give up invaded, and therefore they had laid t.ne bill upon the table. the prin

Speaker, tho Senate did originate a general appropriation bill, and it refrained from voting only during that afternoon. I regret the mis-. camo to the House and slept its final slumber upon the table, the understanding. · House vinuicating its rights. Mr. PUGH. I am paired with Mr. MARTIN, of West Virginia. If I now move the previous question. he were present, I would vote" no." Mr. CRITTENDEN. Will the gentleman allow me one question t Mr. BRAGG. My colleague, Mr. LYNDE, is absent by leave of the Mr. CANNON, of lllinois. I cannot yield further. House and paired with Dr. LORING,ofMassachnsetts. If Mr. LYNDE The previous question was seconded and the main question ordered, were present, he would vot.e "fl.y." being upon agreeing to the resolution of Mr. CANNoN, of lllinois. Mr. MULDROW. My colleague, Mr. MANNING, is paired with Mr. Mr. WADDELL. I call for the yeas and nays. FORT, of lllinois. The yeas and nays were ordered, 41 members voting therefor. Mr. McKENZIE. My colleague, Mr. TURNER, is paired with Mr. The question was taken; and there were-yeas 169, nays 68, not ROBINSON, of Indiana. · . voting 54; as follows: The result of the vote was then announced as above stated. YEAS-169. Mr. CANNON, of lllinois, moved to reconsider the vote by which Aiken, Cox, Jaoob D. Hewitt, G. W. Riddle, the resolution was adopted; and also moved that the motion to recon­ Aldrich, Cox, Samuel S. Hiscock, Robbins, sider be laid on the table. Atkins Crapo, House, Roberts, Baker, John H. Crittenden, • Humphrey, Robinson, G. D. The latter motion was agreed to. Bannillg, Cummings, Hungerford, Ross, The SPEAKER. The effect of the adoption of the resolution Bayne, Cutler, Hunter, Ryan, offered by the gentleman from Illinois [Mr. CANNON] is to do away· Beebe, Davidson, Jones, Frank Sapp, [Mr. AD• Bell, Davis, Horace Jones,Ja.mesT. Sayler, with the motion of the gentleman from North Carolina W Benedict, Davis, Joseph J. Jones, JohnS. Scales, DELL] to suspend the rules and take from the Speaker's table the Bicknell, Dean, Keifer, Shallenberger, post-route bill, because the House has directed that bill to be returned Bisbee, Dickey, Keightley, Shelley, to the Senate. Blackburn, Douglas, Kelley, Singleton, Blount, Durliam, Kenna, Sinnickson, Mr. CANNON, of lllinois. I now move to snspend the rules and Boone, Eames, Kimmel, Southard, pass the bill which I hold in my hand, it being a bill containing all Bouck, Eden, Landers, Sparks, the post-routes in the Honse bill as returned from the Senate. Boyd, Evans, James L. Lathrop, 8pringer, The SPEAKER. The Chair will be obliged to ask unanimous con­ Bragg, Evins, John H. Ligon, Starin, Brentano, Ewing, Liiidsey, Steele, sent for that, because otherwise he mnst first recognize the gentleman Brewer, Felton, LockwOOd. . Stenger, from Tennessee [Mr. ATKIN&] on a question of higher privilege. Bridges, Finley, :Maish, Stephens Mr. BANKS. I object. Briggs, Forney, :Marsh, Stone, John W. Mr. WADDELL. There is no such bill before the House; no such Bright, Franklin, :Mayha.m, Stone, Joseph C. Brogden, Fuller, :McCook, Strait, bill has ever been introduced into the Honse. Browne, Gardner, :McKenzie, Swann, The SPEAKER. The gentleman can introduce it under a snspen­ Burchard, Garth, :McKinley, Thompson, sion of the rdies. But the Chair will· first recognize the gentleman Butler, Hamilton, McMahon, Tipton, from Tennessee. Cabell, Hanna, :Mitchell, Townsend, M. L Cain, Hardenbergh, Monroe, Townahend, R. W. Mr. WADDELL. I desire to say that I do not object to the bill so Caldwell, John W. Harmer :Morgan, Turney, much, but would state to the Honse that there is now in the Com-· Caldwell, W. P. Harris, Henry R. Morrison, Vance, mittee on the Post-Office and Post-Roads a sim.i.lar bill with new Ca.lk:ins, Harris, John T. Muller, Veeder, routes added to it. ' Candler, Harrison, NorcroS!I, Warner Cannon, Hartri«!ge, O'Neill, Whi~~ Michael D. The SPEAKER. The Chair will recognize the gentleman after the Carlisle, . Hartzell, Overton, · Whi"t1Ilorne, gentleman from Tennessee [Mr. ATKINs] has disposed of the matter Clark, Alvah A.. Haskell, Patterson, G. W. Williams, C. G. which he desires to bring before the Honse. Clark, Rush Hatcher, Phelps, Williams, James Clarke of Kentucky, Hayes, Phillips, Willits LEGISLATIVE APPROPRIATION BILL. Clymer, Hendee, Potter, Wilson; Cobb, Henderson, Pridemore, Wood, Mr. ATKINS submitted the following report : Collins, Henkle, Randolph, Wright. The committee of conference on the disa2reeing votes of the two Houses on the Conger, Henry, Rea, amendments of the Senate to the bill of the1Iouse No. 4104, making appropriations Cook, Herbert, Reed, for the legislative, executive, and judicial expenses of the Go~ernment for the Covert. Jiewitt, Abram S. Rice, Americua V. fiscal year ending June 30, 1879, and for other purposes, having met, after full and free conference, have beon unable to agree. NAY~8. J. D. C. ATKINS, Acklen, Dunnell, Lapham, Schleicher, M. J. DURHAM, Daoon, ~gbt, Luttrell, Sexton, CHAS. FOSTER, Bagley, ~s, :McGowan, Smalls, Manaaers on the part of the House of Representatives. Elli Metcalfe, Smith, A.. Herr ~W:s, Ellsworth, Mills, Stewart, WILLIAM WINDOM, Burdick~. Errett, :Muldrow, Throckmorton, WILLIA.M B. ALLISON. Campbeu, Evans,LNewton Neal, Tucker, JAMES B. BECK, Caswell, Gause, Oliver, Waddell, Mam.agers on the part of the Senate. Chalmers, Gibson, Patterson, T. M. W't, ATKINS. I would thank th~ Hou8e to bear with me a vecy Claflin, Giddings, Peddie, w:d, Mr. Cole, Goode, Pound, Welch, few minutes while I make an explanation in regard to the report Cravens, Harris, Benj. W. Price, Williams, A. S. which has just been read. Without any cireumlocution, without go­ Culberson, Hooker, Reagan, Williams, Andrew ing into any specialties whatever, I will come to the leading matters Danford, Hunton, Reilfy, Williams, Richard :Peering, Ittner, Rice, Willi.a.m W. Willis, Benj. A. embraced in the report. Denison, Ketcham, Robertson, Yeates, The conferees of the two Houses were enabled to agree upon that DJ'b!ell, Killinger, Sampson, Young. feature of the House bill which graduated the clerical force in the NOT VOTING-54 Departments. Gentlemen will remember that we inserted a new Baker, WilliamH. Garfield, :Mackey, Thornbur_gh, feature in the Honse bill providing for thousand-dollar clerkships, Ballou, Glover, Mannillg, Townsend, Amos which feature ran all through the varions· Departments of the Gov­ Bland,. Gunter, Martin, Turner, ernment. We retained the first, second, third, a.nd fourth class clerks, Bliss, Hale, Money, Van Vorhes, Buckner, Hart, Morse, Walker, and also ingrafted upon the bill the additional feature of thousand­ Bundy, Hazelton, Page, Walsh, dollar clerks, which necessarily reduced the number of the first, sec­ Camp, Hubbell, Pollard, Watson, ond, third, and fourth class clerks. Chittenden, James, Powers, White, Harry The conferees have modified the reduction which the House made Clark of Missouri, Jorgensen, Pugh, Wigw.nton, Eickhoff, Joyce, Quinn, Williams, Jere N. by the introduction of this new feature, and have agreed to a less Fort, Knapp, Rainey, Willis, Albert S. reduction of the number of .fourth and third class clerks, and also a Foster, Kn'?tt, - Robinson, M. S. Wren. slight reduction of the second and first class clerks; and have r~ Freeman, Lormg, Slemons, dnced the number of thousand-dollar clerks which the House pro..: Frye, Lynde, Smith, William E. vided for in the bill. At the same time, however, that feature of the So the resolution was adopted. House bill is retained and will result in a reduction of the amount During the call of the roll the following announcements were made: appropriated for the clerical force of the Government in the last ap.! Mr. FOSTER. On this question I am paired with Mr. HALE, of propriation act. . Maine.- If he were present, he would vote " ay " and I would vote In the second place, the Honse reduced certain salaries; the Sen­ "no." ate restoted those salaries. The conferees on the part of the House Mr. WHITE, of Pennsylvania, (having voted in the affirmative.J i htive teeeded from their disagreement to th~ Senate amendments, desire to Withdraw my vote, not being fully satisfied that this is a and in every single instance we have agreed to the restoration of the revenue bill. salaries. There were not very many of them reduced, but we receded Mr. FRYE. I am paired with Mr. l}NoTr, of Kentucky, who is still. from our disagreement to the Senate amendments in that regard. confined to his room by illness. In the next place1 no single salary has been increased above what · Mr. CUMMINGS. I desire to say that day before yesterday Mr. is now fixed by law. . SPARKS and myself paired. I understood the pair to be only for the Again the Honse dispensed with the Fourth and Fifth Auditors, afternoon. Mr. SPARKS left the Honse sick, and being yesterday con­ abolishing those offic·ers and their deputies, and uniting the offices fined to his bed did not roturu until this morning, he understand­ with those of the ~irst and the Second Auditors. The Senate stt·ucki in~ the pair t.o continue until his return. Not so understanding, I out that provision. The House conferees have receded. 4614 CONGRESSIONAL RECORD-HOUSE. JUNE 14;

Tho House struck out the Third Assistant Secretary of State. The that ours get enough and theirs get too much. I will say as a mem­ Senate concurred. Tho House struck out the office of naval solicitor; ber of the conference committee that on this point I will not yield or the Senate restored it; but the conference committee agreed.to dis­ submit unless under the authority and direction of this House. pense with it. The House struck out .the secretary of the President One other point and I am done. As was stated by my colleague, to sign land patents; the Senate restored him ; but the conference this proposition was made to the gentlemen of the Senate : "You say committee agreed to leave him ont. how many employes you want. If yon want a page for every fonr With regard to the Territories it will be remembered that the Honse members while we have only one page for eleven members, be it so. reduced the number of councilmen and representatives in the terri­ But we want to say your page shall not receive any more pay than torial Legislatures; the councilmen· being reduced, I believe, from is reeeived by our page. If you want to have four more clerks of eighteen to nine, and the representatives from twenty-six or twenty­ committees in your House than we have we want to say they shall eight or thirty or thirty-two, as the case might be in the different not receive any more pay than our clerks do." I will say the differ­ Territories, to eighteen. The Senate restored the original number. ence in the pay of the employes upon the principle we wish adopted The conference coJiliilittee has agreed to leave the councilmen at and the pay they demand, and say they will not yieldt simply in ref­ twelve and the representatives at twenty-four in every instance, thus erence to the pay of employes, amounts to $27,803. 1 put it to the making a reduction. fairness and candor of this House. and I have made the calculation The great point of difference (and I may say that we have agreed since the committee of conference adjourned, are you willing as a upon this legislative bill as to all other matters) was in regard to the House that their clerks, their employes, and their pages shall receive equalization of numbers and salaries of the employes of the two Houses. $27,803 more than the employ6s on this side of the Capitol f I am After we had agreed upon every other portion of this bill in a spirit satisfied on reflection that you are bound to stand by this committee, of conciliation upon the part of the conferees of both Houses, this and that you cannot yield. single question remained. The House conferees ma.Ue this proposi­ Mr. HAYES. Is that the only point of difference f tion: " You say that you need more clerical force in proportion to the Mr. DURHAM. It is only in reference to pay and number of em­ number of your members than the Honse does; that seventy-six of ployes. We have reconciled all other differences. I have been work­ yon represent all the people who are represented by all the members mg day and night since Monday to reconcile the difference between of the Honse of Representatives. Very well; we will not undertake the two Houses. to say what you need. You say you require this force. Already yon Mr. FRYE. I wish to ask the gentleman a question. have one page for every four Senators, while we have only one page Mr. HAYES. The only point, then, is in reference to pay and em­ for every eleven members. Already yon have more clerks than we ploy6s. have. Still you say you need this force. We do not undertake to Mr. DURHAM. Yes, sir; in reference to employes of the Senate and Ba.y what you need in this respect; but we make this proposition: you Honse. • can say what force you want i only allow the salaries of the employes Mr. RICE, of Ohio. And that also includes clerks of committees. of the House to be equal with those of the Senate employes." And Mr. DURHAM. Yes, sir; it includes clerks of committees. · upon that proposition we split. I was not willing to come back to Mr. HAYES. I understood the gentleman to say there was another this House and say that I did not believe the clerks and other em­ point of difference in regard to one-thousand-dollar clerks. ployes of the House are entitled to as much compensation as the clerks Mr. DURHAM. That has been reconciled all through the bill. I and employes of the Senate. [Cries of "That's right I"] I was not say now, and I wish the House to understand it-1 thou~ht it was willing to admit that our clerks do less work than theirs. I will not made plain by my colleague the chairman of the comiD.Ittee [Mr. say they do more; but I will say they do not do less. Nor am I willing ATKINS]-! wish it to be understood now that the only point of dif­ to admit that they are less deserving than the employes of the Sen­ ference between the two Houses is in reference to the number of em­ ate. Upon that rock we split. ployes of the Senate and the House and the pay they shall receive. Now, Mr. Speaker, without detaining the House further, I believe I wish to impress it on the House again that on the calculation I hold I have presented the point of difference. I might add that at this in my hand the defference between the pay of the Senate employes time our force of employes numbers one hund.red and thirty-nine, and the pay of the House employes on the same number is $27,B03 while that of the Senate numbers one hundred and twenty-one; and more for the Senate employes than for the House. the snm appropriated annually for the support of the clerical force Mr. FRYE. Suppose the Senate of the United States should under­ of the Senate is $209,23.">, while the amount appropriated for the same take to cut down the pay of the employ6s of the House7 would you purpose in this House is only $225,16!5, the difference being merely a counsel the House to submit to that interference f bagatelle of $16,000. Mr. DURHAM. If I thought it was too low, I would not. Mr. DURHAM. Mr. Speaker, as a member of the ~onference com­ Mr. FRYE. You would notf ·· mittee I was called upon to do more of this work than my colleague, Mr. DURHAM. I would not. [Mr. .ATKINs,] l1ecause he wa~ occupied here in the House in connec­ Mr. FRYE. What right has the House iu your judgment to dic­ tion with the sundry civil appropriation bill. He has stated the gen­ tate to the Senate of the United States as to the number of its em­ eral outline of the disagreements and agreements very accurately, ployes! except in one particular. I want to relieve the minds of my friends Mr. DURHAM. We propose to yield that point as to the number, representing the Territories. While my friend from Tennessee has but we could not yield as to the pay. 'Vhy, have we not the right stated the matter in part, he has not given the whole of it. It was to indicate to the Senate as to their own salaries! Does not this veryobjectionabletotheDelegates from the Territories ijlat the gov­ House say they shall have but $5,000 a year each f Have we not the ernors should redistrict the Territories. The conference committee right to say their -clerks and their employes shall not have more pay have agreed that the redistricting shall not take effect until after the than ours receive f Unquestionably we have. adjournment of their next several Legislatures ; so that this puts it Mr. FRYE. One more question. within the power of the several territorial Legislatures to redistrict Mr. DURHAM. In addition to that, we have the right to originate their own Territories, the number of representatives and council­ bills of this sort. men being limited, however, as stated by my colleague on the com­ Mr. FRYE. I do not know where you get the right to fix the mittee. salaries of the Senate employes. But suppose in a spirit suddenly Mr. MAGINNIS. The reduction does not take place until after the inspired for some particular purpose of economy, as it is called, you next meeting of the Legislature f should undertake to cut down the salary of the House employes 50 Mr. DURHAM. It does not; and thus the territorial Legislatures per cent. below what justice required it should be, must the Senate will have power to make the redistricting themselves. I believe that follow in your mistaken spirit of economy and cut theirs down, too f this will be satisfactory to the Delegates from the Territories. Mr. DURHAM. I will answer that. I thought the gentleman was In regard to the relative amount of work of the clerks and other going to ask me a question. employes of the two Houses, I will go a little further than my col­ Mr. FRYE. It was a question. league on the committee has gone. I think I am authorized in say­ Mr. DURHAM. I shall answer. We have the right to regulate ing that the clerks and other employes of this Hous& do more work their salaries, and they ought to be equal. I do not (lare how low than those of the Senate. For instance, take our journal clerk; I we cut down ours, theirs should be as low as ours. refer to him especially. Does any man doubt that he does 25 per cent. Mr. FRYE. In my judgment it belongs to the Senate, and not to more work than the journal clerk of the Senate 7 Or does any man the House. doubt that your enrolling clerk does 2S per cent. more work than the Mr. FRANKLIN. Does the Senate refuse to allow the House em- enrolling clerk of the Senate f Certainly this will not be donbted; for ployes to have the same salaries their employes have! the enrolling clerk of this House is obliged to prepare all the appro­ Mr. DURHAM. They do. priation billS-a very large item. I believe I am justified in saying 1\Ir. FRANKLIN rose. that the enrolling clerk of this House does nearly SO per cent. more ?vir. DURHAM. Wait until I get throu(J'h. work than the enrolling clerk of the Senate f Yet the enrolling clerk Mr. FRANKLIN. Do they not object to having the salaries of their of the Senate gets $500 a year more than our enrolling clerk. employes reduced to those of the House employes f ' Mr. CHALMERS. I would like to ask the gentleman one question Mr. DURHAM. They do. pn this point. Would not the Senate be willing that the salaries of Mr. FRANKLIN. And that is the difference f the House employes should be raised to the same amount as those of. Mr. DURHAM. They refuse to reduce the salaries of their em­ the Senate f ployes to what the House employes receive. Mr. DURHAM. Oh, yes, they will let us raise the salaries of our Mr. FRANKLIN. And they are right if the salaries of the Houso ~mployes just as high a~ we please. Hut that is not the point. We say employes are too low. ~· 1878. CONGRESSIONAL RECORD-HOUSE. 4615

Mr. DURHAM. They are not too low. how far the House can go in controlling the compensation of the em­ Mr. ATKINS. I now:. yield to my colleague on the committee of ployes of tho Senate without interfering materially or immaterially conference, the gentleman from Ohio, [Mr. FosTER.] with its independence f . 1\lr. PAGE. Before the gentleman from Kentucky takes his seat Mr. ATKINS. So far as I could hear the inquiry of the gentleman will he allow me to ask him one question f from Massachusetts, it was to this effect how far the House could go The SPEAKER pro tempore, (Mr. BANNING.) The gentleman from in reducing the number of clerks and employes of the Senate which Ohio [Mr. FosTER] is recognized. that body requires for the discharge of its business. I say to tho gen­ Mr. PAGE. 1 wish to ask tho gentleman from Kentucky, does the tleman from Massachusetts we have not undertaken to pass judg­ Senate object to the Honse fixing the salaries of their own employes ment upon that at all. The only point of difference is as to the salaries in a manner to snit themselves f or compensation of these employes. It!r. DURHAM. Oh, not at all. Mr. BANKS. My question was, if it had been considered by the Mr. ITTNER. In reply to the inquiry of the gentleman from Ken­ committee of conference, how far the House could go in the control tucky, [Mr. DURHAM,] if it has become necessary to appoint a guar­ of the number and compensation of the employes of the Senate with­ dian to control the action of the Senate I would suggest that it would out interfering with the independence of that body in its legislative be more appropriate to appoint some other body to perform that capacity. · function than this Honse. Mr. ATKINS. The question was very fully discussed on the part 1\lr. DURHAM. I want to say that this is not the first time this of the Senate conferees and the House conferees. We differed radi­ difference has arisen. The honorable gent.leman. who is now Speaker cally upon the point that the House has not the ri~ht to say even how of the House had a long struggle two years a~o in reference to this many employes the. Senate shall have and that tne Senate shall say same matter. This is not by any means the first occasion on which how many the House shall have. But we conceded that point ; we this question has arisen. did not insist upon it, but we did differ with the Senate conferees as Mr. FOSTER. As a. member of the conference committee I have a to the compensation of these clerks and employes. word to say on this subject. It has been correctly stated by the two Now, Mr. Speaker, I move that the Honse insist upon its disagree­ gentlemen of the conference committee who have spoken before me, ment to the amendments of the Senate, and I call the previous ques­ that all differences upon this bill between the two Houses have been tion. reconciled except simply as to the pay of the Senate employes. The Mr. CHALMERS. I rise to a. parliamentary inquiry. Would a Honse conferees yielded to the demand of the Senate as to numbers. motion to recede take precedence of the motion of the gentleman Now, the point is raised here, as on the part of the Senate conferees, from Tennessee f that we have no right in this matter at all to undertake to say what The SPEAKER pro tempore. It would. the Senate employes shall have. I undertake to say that this House Mr. CHALMERS. .Then I make the motion that we recede from has as much right over these salaries in regard to the Senate of the our disagreement. United States as in regard to any bureau officer of the Government. Mr. ATKINS. Is that motion debatable f I made a motion that It is a notorious fact that even the House employes here are paid infi­ the Honse insist on its disagreement and ask for a further conference. nitely better than clerks in the bureaus, and the Senate employes are Mr. CHALMERS. I have moved that the House recede from its paid 33 per cent. better than those of the Honse. Suppose these Sena­ disagreement. tors should say that they wanted $100,000 apiece for the Senate em­ Mr. EDEN. Would not that motion, if carried, make the House )ployes, must this House yield to that demand f Would any gentle- · recede from its disagreement to all the amendments f man say that they had the right alone to regulate the salaries of their Mr. CHALMERS. I understand that the managers of the confer- own employes. I do not believe any gentleman will take that posi­ ence report a perfect agreement upon all subjects but this. · tion. The SPEAKER. They did not report that; they merely state the Now here is the fact. The Senate employes are paid 50 per cent. fact. more than they ought to be ; 25 per oen~ more than the House em­ Mr. CHALMERS. If the House will allow me I will offer a resolu­ ployes. Is it the business of this House to undertake to regulate that tion of instructions to the committee which will reach the point I matterf I say it is clearly as much within the province of this Honse have in view. to do that as it is to cut down the· pay of the laborers from $720 to Mr. ATKINS. I stated in IIiY speech that we had agreed upon all $600, and yet no man in this House has made a fuss about that. questions but this, but that does not appear upon the report, and I I grant, perhaps, that these gentlemen over there are more gouty demand the previotis qttestion. a-nd older, and need more employes to help them about than we do. Mr. CHALMERS. If the effect of my motion is to recede from our We have conceded that; but we do insist and we ask this House to disagreement t(j e"'ery amendment I desirE5 to withdraw it. stand by us when we say they shall not have a greater salary than we The SPEAKER. The Chair thinks it might be so construed. allow our own employes. We allow our own employes, let it be re­ Mr. CHALMERS. If that is so it doos not express my views, and membered, 25 per cent. more than we allow the clerks in the Depart­ I withdraw it. ments to-day ; and these people want 25 per cent. more than that. Mr. FOSTER. The disagreement to the amendments of the Senate Tho Senators say they must be the judgeso.f what is the value of the is general. . . services of their employes and that they honestly believe these people The SPEAKER. The disagrooment1so far as the record shows, is are worth the price they propose to pay them. I say in answer to general. that, I give thorn credit for honesty and sincerity, but there is not Mr. CHALMERS. Then I withdraw my motion. in this country another man outside the Senate who believes these The SPEAKER. The Chair would suggest that the way to get a people are entitled to the pay the Senate proposes to pay them. vote of the House as to whether the House will recede as to what is Now, Mr. Speaker, it is no great matter; there is not $20,000 be­ the real difference between tho two Houses would be lor .the com­ tween us. mittee of conference to report in any future report they may make Mr. DURHAM. Twenty-seven thousand dollars. the differences, so that the Honse may get at what is the difference Mr. l!"'OSTER. My colleague on the conference committee says and reconcile the disagreeing views about the bill. $27,000. But the Honse conferees thought they might as well test It!r. ATKINS. But the committee of conference on the part of the this question, and I say and I maintain here as we have the right to Senate refused to do that this morning, and this is the only report originate appropriation bills and bills in relation to all matters of that they would agree to. I stated in my speech what is the fact, salary in all Department-s of the Government, I cannot understand and I feel authorized to state it by consent given, that we had agreed what logic it is that will take Senate employes out from under this npon every single point of difference in the bill except in this smglo ·rule. I do not understand what particular charm there is about a instance. Senator or the Senate of the United States that they should be allowed Mr. BURCHARD. Let us vote. to set their salaries up upon stilts infinitely higher than the salaries Mr. FOSTER. They agreed upon other points, as they stated, ten­ of any other employes of the Government. . tatively. I ask my friends to tell me why this should be, and what there is Mr. ATKINS. They said that they would agree to everything else about a Senator or the Senate of the United States that they should if we would agree upon this proposition, and therefore I was justified be accorded this privilege above that of all other Departments of the in making the statement which I did. Government. Mr. SAYLER. I rise to a point of order, and it is that this matter Mr. HANNA. I desire to ask the gentleman from Ohio a 9.uestion. may be brought before the House, as I understand it-and I hope the If tho House will sustain the House conferees in the positwn they Chair will correct me if I am wrong-if the motion of the gentleman have assumed, is it his judgment if the conferees make another earnest from Tennessee is agreed to. It will result simply in a second report effort they can settle this matter. to the House, which may embody the facts as t.hey may be reported Mr. FOSTER. My judgment is we can. I want to say another by the conference committees. It would not, in other words, affect word, and I think it is due to my party friends to say it. The Senate the question one way or the ot)ler. If we leave it to further confer­ is a republican 'body to-day and the odium of this thing may possibly ence we shall have a further report to come before the House. be cast upon them. But this appropriation is for a democratic Senate The SPEAKER. The Chair thinks that the proper procedure in and I understand that this thing is done at the request of the demo­ this case would be for the conferees on the part of the Honse and the cratic members of the Senate and not of the republicans alone. conferees on the part of the Senate to state to their respective Houses Mr. BANKS. I desire t9 ask the gentleman a question. The Sen-· in their report what are the real differences between the two Houses, ate being an independent body, has the conference committee consid­ so that one or the other of the two Houses may have an opportunity ered how far it can go in the control of the number of persons that to recede. shall be employed by that independent body called the Senate, and Mr. FOSTER. That is the purpose of this report. 4616 CONGRESSIONAL RECORD-HOUSE. JmTE 14;

The SPEAKER. This report is a disagreement on the entire bill. The Clerk read the resolution of Mr. CHALMERS, as follows: Mr. BURCHARD. The bill is now brought by the conference com­ Resolved, That the manauers on the part of the House be instrncted to agree with mittee before the Honse and a motion to recede from the amendment the managers on the ~art o¥ the Senate, so as to give the employ6s of the Honse the would be in order, and I hope one of the gentlemen who have charge same amount for similar services as is now paid to the employes of the Senate: pf the bill will make it. Mr. ATKINS. Is this in order. ~ Mr. SAYLER. By a motion to recede we should recede from our The SPEAKER. The Chair thinks not. The salaries of Honse disagreements ~o all the amendments. employes, as the 'Chair is advised, are not in controversy. Mr. ATKINS. I repeat again that it was impossible to make any :Mr. BEEBE. As a test proposition, I move to lay the motion of other report than the one which we have made. The ery sugges­ the chairman of the committee on the table. tion the Chair baa made was made upon the part of the Honse con­ Mr. ATKINS. Does that take precedence of the motion I madef ferees to the Senate conferees; and when they found that we were The SPEAKER. It does not. The gentleman from TenneBSee has unwilling to yield upon the question of the equalization of salaries, demanded the previous question. _ after 'they had agreed to every other proposition of the bill, they Mr. BEEBE. Well, I want to reach in some way an expreBSi.on of threw themselves back and said that they had agreed to them ten­ the sentiment of the House. tatively, and only as an experiment, using that parliamentary device; The SPEAKER. After the appointment of conferees for the new but they conceded the right to make a statement of the facts to the conference the Chair win entertain a. motion which will test that Honse. question. If the Honse is willing to recede, it surely ought to have Mr. PAGE. Will a motion be in order that the Honse recede from an opportunity t.o express its opinion. · its disagreement to the amendments of the Senate so far as they affect Mr. BEEBE. I think so. the pay of Senate employ6s T . Mr. FOSTER. The chairman of the committe moves that the House The SPEAKER. The Chair thinks it would be in order. The insist on its disagreement. Why is not the vote on that motion an Chair thinks, however, that the proper and courteous way would be expression of opinion f to let the conferees go back under the action of the Honse, and then Mr. GARFIELD. The trouble is that the motion embraces all the they will probably be able to so arrange that they will report to amendments between the two Houses. their respective Houses the exact disagreement, and then the Honse, The SPEAKER. The House might desire to insist upon its differ­ on t.he report of the conferees, would have a right to recede or the ence with the Senate as regards the amendments generally, and yet right to insist. might wish to pick out particular amendments in which it would Mr. FRYE. Allow me one moment. Is there not some way in which concur. the conferees on the part of the Honse, if they desire it, can receive . Mr. FOSTER. Of course the general disagreement is only tech· instructions from the Honse in reference to one particular subject meal. · referroo to them T · • The SPEAKER. Whatever will tend to bring the two Houses to The SPEAKER. The Chair believes that under the practice of the an agreement the House should have an opportunity to do. House all conferences must be free and unrestrained, and that a com­ Mr. BANKS. There is one mode of reaching a solution of this ques­ mittee of conference should not be instructed; although there is a tion which will satisfy all parties and is in accord with custom. If the paragraph in the Manual that states that it is competent for the conference committee have any doubt what to do upon a particular House to instruct a conference committee, and it baa been done. question they can come to the House and ask whether the Honse will Mr. ATKINS. I trust the Honse will recognize the fact that by consent to a certain proposition. We can then say " yes" or " no." whatever vote it may now give it will pass judgment as to its views The SPEAKER. That is what the Chair suggested some time ago. upon the classification of these salaries. Mr. BANKS. I hope that course will be adopted. Mr. BEEBE. That is precisely what I desire to address myself to. Mr. CHALMERS. I rise to a parliamentary inquiry. Would it be I believe for one that it is the opinion of a large majority of this in order to move that the House recede with an amendment! House that the highest branch of the legislative department of this The SPEAKER. The Chair is advised that there is no difference Government ought, in justice to itself and to its own dignity, upon between the two Houses as to the salaries of Hoose employ6s ; on that its own responsibility, to reserve to itself the right to fix the salary subject both Houses have agreed. and compensation of its own employes. If the Senate of the United Mr. CHALMERS. I think the members of this Honse desire to put States cannot be trusted to do that under its responsibility to those the salaries of our employes as high as those of the Senate. [Cries it represents, then we had better abolish the Senate of the United of "Oh, no!"] States. I believe this House, by a large majority, will concede to the Mr. FRANKLIN. If we recede the salaries of our employes are at Senate the right to fix and establish the compensation and salary of a lower standard. Its own employes. The SPEAKER. The salaries of House employ6s are not in contro­ Mr. ATKINS. I call for a vote on my motion. versy, both Houses having agreed on that subject. Mr. CASWELL. Will the gentleman allow me to ask him one ques­ The previous question -was seconded and the main question ordered, tion! which was upon the motion of Mr. ATKINS that the Honse insist on . Mr. ATKINS. Certainly. its non-concurrence in the amendments of the Senate and ask a fur­ Mr. CASWELL. Is the House trying to reduce the salaries of the ther conference. employ6s of the Senate, or is the Senate trying to raise the salaries The motion was agreed to. of its employ6s T Mr. ATKINS moved to reconsider the vote just taken; and also Mr. ATKINS. The Honse desires to reduce the salaries of the em­ moved that the motion to reconsider be laid on the table. ploy6s of the Senate to the level of its own employes. The latter motion was agreed to. The SPEAKER. The Chair desires to state that the question be­ The SPEAKER announced the 9.ppointment of Mr. ATKINs, Mr. fore the Honse is upon the motion of the gentleman from TenneBSee DuRIIAM, and Mr. FosTER as managers on the part of the House at the [Mr. ATKINs] that the report of the committee of conference be ac­ further conference on the legislative appropriation bill. cepted and a further conference asked. Mr. GARFIELD. Now, Mr. Speaker, I hope the committee will Mr. PAGE. Is that motion amendable f take the opinion of the House on this subject. - The SPEAKER. The Chair thinks it is not. The Chair however Mr. BEEBE. Is it competent now to move to instruct the com- thinks that it is competent for the House to say that it will recede mittee of conference to recede! · from its disagreement to particular amendments of the Senate. The SPEAKER. The Chair thinks it is hardly necessary. Mr. PAGE. Then, if the Speaker will entertain it, I will make that MESSAGE FROM THE SENATE. motion, with all due respect to the chairman of the Committee on A meBBage from the Senate, by Mr. SYMPSON, one of its clerks, in­ Appropriations, [Mr. ATKINS.] I will not make it unless he will con­ formed the House that the Senate had passed and requested the con­ sent to it, for I wish to treat that oommittee with entire respect. currence of the House in a. resolution to print the first annual report Mr. BURCHARD. I suggest that ihe motion be that the House o_f the United States commiBSion in relation to the Rooky Mountain recede from its disagreement to and concur in certain amendments of !o?ns~, and the best method of preventing and guarding agaimt its the Senate, to be specifically named, and then let us take a vote on lDJUTieS. that. If it is not the sense of the Honse to do soJ then another con­ The m.essa(J'e further announced that the Sen·ate had paBSed, without ference committee can be appointed. amendment,bills and a joint resolution of the House of the following Mr. PAGE. At the request of the chairman of the Committee: on titles: A:{>propriations [Mr. ATKINS] and in behalf of the conference com­ A bill (H. R. No. 2242) for the relief of William T. Malster, of Bal­ mlttee on the part of the House, I will withdraw my motion to recede timore Maryland; from our disagreement to certain amendments of the Senate. I wish A bill (H. R. No. 3978) to authorize the Barataria Ship-Canal Com­ to treat the committee with perfect fairness. pany to construct and operate a ship-canal from New Orleans to the . The SPEAKER. The Chair bas always held that the House should Gulf of Mexico, through the lands and waters of the United States, have an opportunity to reach a conclusion in reference to an appro­ and to grant to said company the right of way for that purpose ; priation bill; and that while the motion indicated by the gentleman . A bill (H. R. No. 4802) .for the construction of a public building for from California [Mr. PAGE] would not be in the nature of instruc­ use by the United States Government in the city of New York; tions to the committee of conference, it would be an expression of A bill (H. R. No. 5137) to legalize the collection of bead-moneys1 opinion oil the part of the House. . already paid; and . . . Mr. CHALMERS. I offer the resolution which I send to the Clerk's A joint resolution (H. R. No. 81) asking for intervention in t.he case desk. of Edward O'M. Condon. : 1878. CONGRESSIONAL RECORD-HOUSE. 4617

The message further announced that the Senate insisted npon its Mr. MILLS. It is the understanding that we are to commence the amendments, disagreed to by the House, to tho bill (H. R. No. 42:l6) Private Calendar at the beginning when we go into the Committee mjj.king appropriations for the construction, repair, preservn.tion, and of the Whole. completion of certain public works on rivers and harbors, and for Mr. PRANKLIN. No, we are to begin where we left off. other purposes, and agreed to the conferenQe asked by the House on Mr. MILLS. I insist that we shall begin at the beginning and go the disagreeing votes of the two _Houses thereon, and had appointed through the Private Calendar regularly. ~r. SPENCER, Mr. McMILLAN, and Mr. RANSOM as the conferees on The SPEAKER. Is there objection t the part of the Senate. Mr. TUCKER. !'have no doubt it will be agreeable to gentlemen Ttle message also,. announced that the Senate had passed, and re­ to take up their bills in preference to the one I have referred to; quested the concurrence of the :J!ouse in, a joint resolution of the but if this bill in reference to the internal revenue is to be disposed following title: · of this se88iop, it should be considered and disposed of to-day. [Cries A joint re"SOlution (S. No. 39) authorizing the Secretary of War to of" Regular order !"1 · turn over w the governor of Alabama such tents, poles, and pins as he The SPEAKER.' The gentleman in charge of the bill to which may require for the use of the volunteers of the Sta~ at their sum­ the gentleman from Virginia has referred has made a motion to sus­ mer encampment. pend the rules. WAR CLAIMS. Mr. TUCKER. Who made the motion to suspend the rules T The SPEAKER. The gentleman from illinois. Mr. EDEN. I ask unanimous consent to have taken from the Mr. TUCKER. I did not hear him. Speaker's table and concurred in the amendments of the Senate to a The SPEAKER. He haa stated the fact that he rose for the pur­ bill in which a great many persons are interested and about which pose of moving a suspension of the rules, and the Chair is now trying there will be no controversy. I refer to the bill (H. R. No. 3548) mak­ to secure some arrangement on the part of the House at the sugges­ ing appropriations for the payment of claims reported allowed by the tion of the gentleman from Ohio in reference to the business to be commissipners of claims under the act of Congress of March 3, 1871. There being no objection,-the amendments of the Senate were taken transacted at the session of the House this evening. from the Speaker's table and concurred in. Mr. TUCKER. I hope the House will do nothing to interfere with the consideration of the internal-revenu~ bill. . Mr. EDEN. It is properfor metoexplain in one moment the effect Mr. RICE, of Ohio. A-session for this evening has already been of the amendments of the· Senate. [Cries of "Oh, no! " "All" right!" fixed, and the only arrangement that is now being proposed is what " We take your word for it 1") character of business shall be considered at that session. Mr. EDEN moved to reconsider the vote just taken; and also The SPEAKER. Is there objection that the session this evening moved that the motion to reconsider be laid on the table. shall be devoted to reports of the Committee on Invalid Pensions, to The latter motion was agreed to. pension bills on the Private Calendar, and to pension bills on the ORDER OF BUSINESS, Speaker's table f Mr. RICE, of Ohio. I ask unanimous consent that the session of Mr. EDEN. I should like to know why other bills for the relief of this evening be set apart for the consideration of pension bills on the soldiers for service in the war should not also be included. I do not Calendar and reports from the Committee on Invalid Pensions. see why they should not be considered as well as bills granting pen­ Mr. MILLS. I must insist on proceeding with the Private Cal- sions. endar. • Mr. MILLS. There is a bill on that Calendar for the widow of a Mr. RICE, of Ohio. I move, then, to suspend the rules to make the soldier, which is a claim, and it is excluded under this arrWJgement. order I have indicated. The SPEAKER. And the Chair will include, at the suggestion of Mr. TUCKER. I am very ready to accommodate my friend from the gentleman, claims of wounded soldiers. Ohio, [Mr. RicE,] but I have been wn.itiug for some time in reference Mr. RICE, of Ohio. As of objection day. t.o a very important bill which is now the unfinished business before Mr. WOOD. I should like to know under the decision of the Chair the House. I must insist upon taking up the internal-revenue bill. how the gentleman from Ohio can move a suspension of the rules for Mr. RICE, of Ohio. I insist on my motion that the rules be sus­ any other purpose than for appropriation bills or in pursuance of his pended to make the order I have indicated. name being on the Speaker's list. The SPEAKER. The gentleman from Ohio moves to suspend the The SPEAKER. Because the Chair thinks public business includes rules so as to order that the session of this evening be devoted to the pension bills. He has never known Congress or the House of Rep­ consideration of pension bills that may be reported from the Com- resentatives to fail at the end of a session to suspend the rules in mit-tee, and afterward those on the Calendar. · favor of pension bills, as otherwise great hardship might result to The motion of Mr. RICE, of Ohio, was agreed to, two-thirds voting that wort.hy cl3.88. in favor thereof. Mr. WOOD. Unquestionably tho Speaker is right in the statement Mr. BURCHARD. I move to suspend the rules and ooopt the res­ of fact, but I suggest there are public bills and public questions and olution I send to the desk. public measures which, under the ruling of the Chair, should have Mr. MILLS. I rise to a parliamentary inquiry. Will pension bills some little consideration. this evening be considered as on objection day or otherwise T Mr. RICE, of Ohio. No one doubts that. Mr. RICE, of Ohio. As on objection day. The SPEAKER. The Chair concurs in that statement. The SPEAKER. The Chair did not so state the motion. Mr. WOOD. I understood the Chair to hold, except for the pur­ ' Mr. RICE, of Ohio. I ask that this be added to the order. pose of appropriation bills or except in pursuance of the right of Mr. MILLS. After we get through with pension bills can we putting your name down on the list upon the Speaker's table, (which return to the Private Calendarf the gentleman from illinois ha.s done,) no other gentleman can be Mr. RICE, of Ohio. Yes, sir. recognized to move to suspend the rules. ~ The SPEAKER. H is moved that the rules be suspended so as to The SPEAKER. The Chair has always reserved to himself the order that after pension bills have been disposed of this evening the right which belongs to the Speaker to recognize gentlemen in the remainder of the evening session, if any, shall be for the considera­ direction of the transaction of public busine88. tion of bills on the Private Calendar. Mr. WOOD. That nullifies all understanding about the list. Mr. RICE, of Ohio. And that the order of proceeding as on objec­ The SPEAKER. The Chair has never known, nor has any gentle­ tion day shall apply to all bills. man who has served in previous Congresses known the Honse to Mr. BURCHARD. What has become of my motion to suspend the refuse, at the end of a session, to suspend the rules for the purpose rulesf of taking up and considering pension bills; because neglect in such The SPEAKER. The Chair will recognize the gentleman when cases would work great hardship to those intereatea. this question is disposed of. . Mr. BANNING. That is true. Mr. MILLS. The Private Calendar is to be commenced at the Mr. WOOD. I demand the regular order of business. be(J'iuning. Mr. WHITE, of Pennsylvania. I want to assist in fixing the ses­ Mr. LUTTRELL. I move to amend the proposition of the gentle­ sion for to-night, and I ask that there be included in the agreement man from Ohio so as to include pension bills on the Speaker's table. the reception of reports from the Committee on Military Affairs con­ Mr. BURCHARD. Does that exclude the reception of reports of cerning wounded soldiers. conference committees f Mr. BANNING. For the reception of reports and the considera­ The SPEAKER. It does not, for reports of con!erence committees tion of bills of soldiers for services rendered. would interrupt even a motion to adjourn or a call of the roll. The SPEAKER. At the end of the evening, after the Committee Mr. RICE, of Ohio. I accept the proposition of the gentleman on Pensions shall have concluded, the House will consider whatever from California. · bills are in order for the relief of soldiers for services rendered. Mr. MILLS. What is it! Mr. WHITE, of Pennsylvania. I do not deaire that the order shall The SPEAKER. The Chair will re-state the agreement. It is pro­ be clogged in that way, Let the Pension Committee report and let posed that the session this evening at seven and a half o'clock shall the Military Committee also report. be devoted first, to the reports of the Committee on Invalid Pen­ Mr. RICE, of Ohio. · No, sir. sions of pension bills. Secondly, that the House shall go to the Mr. WHI:t'E, of Pennsylvania. One has as much claim as the Private Calendar and take up for consideration pension bills in their other. There are many men who are asking relief from the Govern­ order; and, thirdly, that the House shall then go to the business on ment and who ought to have a hearing from this House. the Speaker's table for the purpose of taking np and acting on the The SPEAKER. The Chair has incluOOd those. They are included pension bills which are there. in the proposition. 4618 CONGRESSIONAL RECORD-HOUSE. JUNE 14,

Mr. RICE, of Ohio. That ·is correct; that modification is quite O'NeiTI, Riddle, Sten~er, Watson, Overton, Robbins, Stephens, Welch, right. Pa~!;e, Roberta, Stewart, White, Harry '!'he SPEAKER. And now the Chair desires to submit the motion Patterson, G. W. Robinson, G. D. Stone, Jolm W. White, Michael D. of the gentleman from Texas, which is that if the business of the Patterson,T.M. Ryan, Stone, Joseph C. Whitthome, Pension Committee and the bills for the relief of soldiers for services Peddie, Sampson, Strait, Willi:ams, A. S. Phillips, Sapp, Thompson, Williams, Andrew rendered shall be concluded the House shall then go toihe considera.­ Pollard, Sayler, Throckmorton, Williams, C. G. tion of the Private Calendar as on objection day. Pound, Scilles, Townsend, Amos Williams, Richard Objection was made. Price, Sexton, Townsend, M. I. Willis, Albert S. Mr. BRIGHT. I move that the rules be suspended and that the Po~h, Shal.len berger, Townshend, R. W. Benj. A.. Ramey, Shelley, Tucker, ;oo:.; order just indicated by the Chair be made. Randolph, Sinnickson, Turney, WilsoO: The question being taken, the rules were suspended, (two-thirds Rea, Smalls, Vance, Wood, voting in· favor thereof,) and the order was made. Reagan, Smith, A. Herr Veeder, Wren, Reed, Sparks, ~~dell, Yeates, PRESIDENTIAL TITLE. Reilly, Starin, Young. Mr. BURCHARD. I move to suspend the rules and pass the pre­ Rice, William W. Steele, w:~. amble and resolution which I send to the desk. NAYS-21. Blackburn, Ellis, Hewitt, Abram S. Southard, The Clerk read as follows: Bliss, Fnller, ::Mayham, Springer, Whereas at the joint meeting of the two Houses of the Forty-fourth Congress Boone, Hamilton, Phelps, Warner. convened pursuant to law and the Constitution for the purpose of ascertaining 1\Jld Bra-gg, Hardenbergh, Pridemore, conutin.,. the votes for President and Vice-President for the term commencing Cook, Henkle, Robertson, March f. 1877, upon counting the votes Rutherford B. Hayes was declared to be Cox, Samuel S. Henry, Smith, William E. elected President and William A. Wheeler was declared elected Vice-President for such term : Therofore, NOT VOTING-55. Resolved, That no subsequent Congress and neither Honse has jurisdiction to Acklen, Fort, Luttrell, Singleton, revise the action at such joint meeting, and any attempt by either Honse to annul or Ballou, Frye, Lynd~, Slemons, dist-egard such action or the title to office arism!ot therefrom would be revolutionary Benedict, Glover, Mannmg Swann, and is disapproved by this Honse. Bland, Gunter, Martin, ' Thornburgh, Buckner, Hale, McMahon, Tipton, 1\Ir. BURCHARD. I call for the yeas and nays on the resolution. Butler, Harris, John T. Money, Turner, Mr. FINLEY. I desire to make a parliamentary inquiry. Can Cain, Hartridge, Muldrow, Van Vorhea, there be a division of the preamble and resolution f Camp, Hazelton, Potter, Walker, Candler, Hooker, Powers, Walsh, The SPEAKER. There cannot; the motion is to suspend the rules CL'11'k, Alvah .A. Joyce, Quinn, Wi~ginton, and pass the resolution. Collins, Kimmel, Rice, Americus V. Williams, James Mr. EDEN. I would like to have the resolution again read. Davidson, Knapp, Robinson, M.S. Williams, JereN. Mr. TOWNSHEND, of Illinois. I rise to make a parliamentary Eickhoff, Knott, Ross, Wright. inquiry. Would it be in order to move to strike out the last clause f Elam, Loring, Schleicher, 'l'he SPEAKER: It would not; the motion is to suspend the rules So (two-thirds voting in favor thereof) the rules were suspended, and pass the resolution. and the resolution was adopted. Mr. TOWNSHEND, of Illinois; Would it be in order to move to During the roll~call the following announcements were made : refer it to the Judiciary Committee f , Mr. BRAGG. Mr. Speaker, I cannot indorse the language of this Mr. BURCHARD. It would be ill order to vote it down. resolution, although I agree in the main with it in sentiment, and The SPEAKER. The motion is to suspend the rules and pass. If therefore I vote " no ; '' I also desire to state that my colleague, Mr. the rules are not suspended the proposition is not before the House. LYNDE, is paired with Mr. LORING, of Massacbusetts.- Mr. SOUTHARD: Let the resolution be again read. Mr. CRAVENS. :Mr. GUNTER was suddenly called away to-day The resolution waa again read. because of information of the dangerous illness of a member of his Mr. BEEBE. That is all right. family. Mr. SLEMONS paired with 1\Ir. FREEMAN, of Pennsylvania. Mr. MdiAHON. Is the Ia.ngnage of the resolutioJ;t to "revise" or Mr. WIGGINTON. Mr. Speaker, on all political questions I am " reverse T" paired with the gentleman from Vermont, Mr. JoYCE. While I do The SPEAKER. The word in the resolution is "revise." not consider this a political question, I am informed by Mr. JoYCE's Mr. MILLS. I call for the yeas and nays on the resolution. We colleagues that, if present, he would vote " ay; " It would vote "no." ought to make a record on that. Mr. EICKHOFF. I am paired with Mr. BALLou, of Rhode Island. 'fhe yeas and nays were ordered~ If he were here, I should vote "no." Mr. ATKINS. I waa not in the Hall when tho resolution was reM. Mr. PUGH. I am paired with Mr. MARTIN, of West Virginia. I I ask_tha.t it may be again read. am informed by his friends that he would vote" ay," and I will vote There was no objection, and the resolution was again read. "ay," too. Mr. TOWNSHEND, of Illinois. I ask my colleague [Mr. BURCHARD] :Mr. TIPTON. I am paired with my colle~gue, Mr. KNAPP. If be to allow me to amend the resolution by striking out the word "rev­ were present, I should vote" ay." . olutionary." [Cries of "Regular order I''] Mr. CRAPO. My colleague, Mr. LoRING, is paired with Mr. LYNDE, Mr. SOUTHARD. I ask the gentleman if it is wise to pass such of Wisconsin. an important resolution without consideration. [Cries of "Regular Mr. FRY~. I am paired with the gentleman from Kentucky, Mr. order!"] KNoTI. The question was taken ; and there were--yeas 215, nays 21, not Mr. ROBINSON of Indiana. I am paired with Mr. TURNER. voting 55 ; as follows : Mr. POUND. My colleague, Mr. HAzELTON, is confined to his room YE~ms. by sickness. . If he were here, be would vote ': ay ." Aiken, Chalmers, EVins, J ohlllL lttner, :Mr. CRITT~NDEN. My colleague, Mr. BLAND, has gone home to Aldrich, Uhittenden, Ewing, James, Missouri on account of sickness. Atkins, Claflin, Felton, Jones, Frank The result of the vote was then announced as above stated. Ba.con, . Clark of Missouri, Finley, Jones, James T, Bagley, Clark, Rush :Forney, Jones, John S. Mr. HARTRIDGE. I rise to a question of privilege. Some time Baker, John H. Clarke of Kentucky, Foster, Jotgensen, since the Honse referred to the Committee on the Judiciary a bill Baker, William H. Clymer, Franklin, Keifer, introduced by the .gentleman from Maryland, [Mr. KIMMEL,] num­ Banks, Cobb, Freeman, Keightley1 bered 4315, to provide a mode for trying and determining by the Banning, Cole, Gardner, Kelley, Bayne, Conger, Gameld, Kenna, Supreme Court of the :United States the title of the President and Beebe, Covert, Garth, Ketcham, Vice-President of the United States to their respectivf). offices when Bell, Cox, Jacob D. Gause, Killinger, their election to snch offices is denied by one or more of the States of Bicknell. Crapo, Gibson, Landers, the Union. On the same..ilay the House referred to the same com­ Bisbee, Cravens, Giddings, Lapham, Blair, Crittenden, Goode, Lathrop, mittee a resolution of the"'Legislature of the State of Maryland, in­ Blount, Culberson, Hanna., Ligon, _structing its attorney-general so soon as Congress had passed a law Bouck, Cummings, Harmer, Lindsey, like that offered by the ~entleman from Maryland to cause proceed­ Boyd, Cutler, Harris, Ben,j. W. Lockw0od1 ings to be taken to test the validity and legality of the title of the Brentano Danford, Harris, Henry R. Mackey, Bl'ewer, Davis, Horace Hamson, Maish, present incumbents of the offices. of President and Vice-President. Bridges, Davis, Joseph J. Hart, Marsh, The Committee on the ,Judiciary have considered those measures, Briggs, Dean,. Hartzell, McCook, considered them together1 both the bill and the resolution, and the Bright, Deering, Haskell, McGowan, committee have instructed .me to make a report to this House, and Brogden, Denison, Hatcher, McKenzie, Browne, Dibrell, Hayes, McKinle~, accompanying that report a resolution. . Bundy, Dickey, Hendee, Metcalfe, I desire to say here, as a matter of personal explanation, that this Bm·chard, Douglas, HendertlQJl, :Mills morning I was instructed to make.this ;report, bnt as the chairman Burdick, Dunnell, Herbert, Mitchell, of the Committee on the Judiciary, the gentleman from Kentucky, Cabell, Durham, Hewitt, G. W. Monroe, Caldwell, John W. Dwight, Hiscock, Morgan, [Mr. KNoTr,] was detained in his bed by sickness and had askea me Caldwell, W. P. Eamt~S, House, Morrison, to put off the report until to-morrow, that he might make a dissent­ Calkins, Eden, Hubbell, l'llorse, ing report for himself, I had determined to yield to that request as a Uampboll, El..laworth, Humphrey, Muller, Cannon, Errett, Hnngerford, Neal, matter of courtesy, bot, sir, as this matter has been brought before Cal'lisle, Evans, I. Newton Hunter, Norcross, the Hoose for its coJIBideration I now bring before the House the re­ Caswell, Evans, James L. Hunton, Oliver, port and resolution of the committee. 1878~ · CONGRESSIONAL · RECORD-HOUSE: 4619

The Clerk read the report and resolution, aa follow~:~ : of my vote. [Loud cries of "No!" "No!" "Regular order!" "Reg­ The Committee on the Judiciary, to whom were referred the bill (H. R. No. ular order l "] 43l5) and the resolutions of the Legislature of the State of .Maryland directing jndi· 'l'he question wa.s taken; and there were-yeaa 235, nays 14, not ciaJ proceedings to ~ive effect to the electoral T"ote of that State in the last election voting 42 ; aa follows : of President and Vice-President of tho Unite(l States, report back said bill and YEAS-235. resolutions with a recommendation that the bill do not pass. Your committoo are of the opinion that Congress has no power, under the Con­ Aiken, Davidson, Hunter, Rice, William W. stitution, to confer upon the Supremo Court of the United States the original juris­ Aldrich, Davis, Joseph J. Hunton, Riddle, diction sought for it by this bill. The only clause of the Constitution which llacon, Davis, Horace Ittner, Robbins, conld be plausibly invoked to enable Con~ess to ~rovide the legal machinery for Ba~ley, Dean, James, Roberts, BaKer, John H. Deering, Jones, Frank Robinson, G. D. ~o~ ~§~~:s A>~f.!~~;~;t;.~~t~~!s ~h~ta~!r:nde t~~u~r~~:Jj:~~; Baker, William H. Denison, Jones, James T. Ross, State. The committee are of the opinion that this expression "cases " and " con­ Banks, Dibrell, Jones, John S. Ryan, troversies" was not intended by the framers of the Constitution to embrace an Banning, Dickey, Jor11:ensen, Sampson, original proceeding by a State in the Supreme Court of the United States to oust Bayne, Douglas, Keifer, Sapp, nny incumbent from a political office filled by the declaration and decision of the Beebe, Dunnell, Keightley, Sayler, two Houses of Con~ess clothed with the constitutional power to count the elect­ Bell, Durham, Kelley, Sc.1.les, oral votes and dectde 8.8 a. final tribunal upon the election of President and Vice­ Bicknell, Dwight, Kenna, Sexton, President. The Forty-fourth Congress selected a. commission to count the votes Bisbee, Eames, Ketcham, Shallenberger, for President and Vice-President, reserving to itself the right to ratify or reject Blair, Eden, Killinger, Shelley, suc.h count, in the way prescribed in the act creating such commission. By the Blount, Elam, Landers, Sinnickson, joint action of the two Houses it ratified the count made by the commission, 1\nd Bouck, Ellsworth, Lapham, Smalls, thus made it the expreasion of its own judgment. Boyd, Errett, Lathrop, Smith, A. Herr All tho Departments of the Federal GOvernment, all the State governments in Bragg, Evans, I. Newton Li.2;0D, Southard, their relations to Federal authority, foreign nations, tho people of the United States~ Brentano, Evans, James L. Lindsey, Sparks, all the matetial interests and industries of tho country, have acquiesced in, ana Brewer, Evins, John H. Lockwood, Starin, acted in accordMe& with, the pronounced finding of that Congress. In the opinion Bridges, Ewing, Mackey, Steele, P. If he to-morrow. [Cries of "No!" "No!" from all parts of the Hall.] were present, I would vote "ay." ~ The previous question was seconded and the main question or- Mr. HANNA. My colleague from Indiana, Mr. ROBINSON, is paired dered; which was upon the adoption of the resolution. with Mr. TuRNER, of Kentucky. If Mr. ROBINSON were present, he Mr. BEEBE and others called for the yeas and nays. would vote "ay." • The yeas and nays were ordered. Mr. WTI..LIAMS, of Wisconsin. My colleague Mr. HAzELTON, is Mr. SPRINGER. I ask nnanimonsconsenttoma.keanexplanation detained from the House by sickness. If present, he would vote" ay." 4620 CONGRESSIONAL · RE. CORD-HOUSE~T

· Mr. FRYE. I am paired with the gentleman from. Kentucky, Mr. The SPEAKER. A motion to suspend the rules is not amendaulo. KNoTr. If he were present, he would vote "no" and I would vote Mr. BURCHARD. I ask that tho House concur in the amenu­ "ay." ments of t.he Senate. Can we not reach that question f Mr. HATCHER. My colleague, Mr. GWVER, is detained from the Tho SPEAKER. If this proposition is voted down, of course the House by sicknes_s. Chair will recognize any gentleman to move a suspension of t.he rules Mr. JAMES. My colleague, Mr. CAMP, is absent, attending the for the purpose indicated by the gentleman from Illinois, [Mr. BuK- funeral of his father, and is not paired. CHARD.] · Mr. CRITTENDEN. My colleague, Mr. BLAND, is at his home in The question being taken on the motion of Mr. EWING, there were- ?tfissoori, s_ick. - ayes 90, noes 96. Mr. McKENZIE. My colleague, Mr. TURNER, is paired with Mr. Mr. EWING. I call for the yeas and nays. ROBINSON, of Indiana. The yeas and nays were ordered. Mr. SPRINGER. I desire to vote. I want to say that I am opposed The question was taken; a.nd it was decided in the negative-yeas, to all proceedings in reference to invalidating the President's title 112, nays 122, not voting 67 ; as follows: . which are illegal, nnconstitutional, or revolutionary. [Cries of YEAS-112. "Order l''l Acklen, Cox, Samuel S. Harrison, Pridemore, The SPEAKER. The gentleman desires to accompany his vote by Aiken, Cravens, Hartri~ge, Rea, a statement. · Banning, Crittenden, Hartzell, Reilly, Mt.:. CONGER and others objected. Bayne. Culberson, Hatcher, Rice, Amerlous V. Mr. EDEN. I would like to ask my colleague [Mr. BURCHARD] Bell, Cutler, Henkle, Riddle, Bicknell, Davis, Joseph J. Henry, Robbins, whether he is now satisfied with the" count." Blackburn. Dibrell, Herbert, Roberts, Mr. BURCHARD. Yesj it discharges the Potter committee. Blount, Dickey, Hewitt, G. W. Robertson, Mr. SPRINGER. I wish to add- Boone, Douglas, Hooker, Sapp. Bouck, Durham, House, Sayler, Mr. PRICE. The gentleman has no right to make a statement to Bragg, Eden, Hunton, ScliJ.es, accompany his vote. Let him vote as we do. Bridges, Elam, Jones, James T. Sin~leton, The SPEAKER. On the pas_sage of the resolution-­ Bright, .Evins, John H. Kelley, Sm1th, William E. Hr. SPRINGER. I have not voted. Brogden, Ewing, K enna, Southard, Browne, Felton, Killinger, Springer, The SPEAKER. The gentleman has no ri~ht to make a statement Butler, Finley, Landers, Steele, except by unanimous consent. Cabell, Forney Ligon, Stephens, Mr. SPRINGER. But I have a right to vote. I vote "no." Caldwell, John W. Franklin,1 Mackey, Thompson, Mr. COX, of New York. I want to know whether it is the inten­ Calkins, Gardner, Maish, Throckmorton, Carlisle, Garth, McKenzie, Townshend, R. W. tHm of this House to count in Hayes any more f It has 'counted him Chalmers, Gause, McMahon, Tucker. in now three times; and be does not stay counted in. [Laughter.) Clark, Alvah A. Giddings, Mills, Turney, Mr. SPRINGER. I hope there will be no objection to allowing me Clark of .Missouri, Goode, Morgan, Vance, to put on record an explanation of my vote. [Cries of'' Object.") Clarke ofKentucky,Hamilton, Muldrow, Walker, Clymer, Hanna, Oliver, Whitthorne, The result of the vote was annonnced as above stated. Cobb, Hardenbergh, Patterson, T. M. Willis, AlbertS. Mr. HARTRIDGE moved to reconsider the vote just taken; and Collins, Harris, Henry R. Phelps, Wilson, also moved that the motion to reconsider be laid on the table. Cook, Harris, John T. Phillips, Yeates. The latter motion was agreed to. NAYS-122. MESSAGE FROM THE SENATE. Aldrich, Deerin~, Lockwood, Shallenberger, Baaley, Denison, Marsh, Sinnickson, A mes_sage from the Senate, by Mr. SYMPSON, one of its clerks, B~er, John H. Dwight, Mayham , Smalls, announced that the Senate had passed the following prerunble and Banks, Eames, McCook, Smith, A. Herr resolution: Beebe, Eickhofi; McGowan, Starin, Blair, Evans, I. Newton McKinley, Stenger, Whereas the Senate bas received from the House of Represenmtives a resolution Bliss, Evans, James L. Metcalfe, Stewart, in the following words: . Boyd, Foster, .Mitchell, Stone, John W. FORTY·FIFI'H CONGRESS, SECOND SESSION, Brentano, Harmer, Monroe, Stone, Joseph C. CONGRESS OF THE UNITED S'rATES, Brewer, Harris, Benj. W. Morrison, Strait, lN THR HOUSE OF REPRESENTATIVES, June 14, 1878. Briggs, Hart, Morse, Townsend, Amos .Resolved, That House bill 2486, "to esta.blish post-routes in the several States Bundy, Haskell, Muller, Townsend, M. I. h er ein named," with tho Senate amendments thereto, be returned to the Senate, as Burchard, Hayes, Neal, Veeder, a part of said amendments are in the nature of, and constitute, a revenue bill. Burdick, Hendee, Norcross, Wait~ Attest: Cain, Henderson, O'Neill, Warn, GEO. M. ADAMS, Olerk. Campbell, Hiscock, Overton, Warner, llesolved, That a committee of conference be appointed confer with a like com­ Candler, Hubbell, Pat,!e, Watson, to Cannon, Humphrey, Patterson, G. W. W e1ch, mittee on tho part of the House touchin~ the matters of di1i'erence between tho two Houses indicated by said House resolution, and invite the House to agree to such Caswt ll Hungerlord, Peddie, White, Harry Chittenden, Hunter, Pollard, White, Michael D. conference. Potter, Williams, A. S. Ordered, That Mr. FERRY, Mr. KmKwooo, and Mr. MAxEY be the conferees on Claflin, Ittner, ihe part of the Senate. · Clark, Rush James, Pound, Williams, Andrew Cole, Jones, Frank Powers, Williams, C. G. O:rtDER OF BUSINESS. Conger, Jones, J"ohn S. Price, Williams, James Mr. EWING obtained the :floor. Covert, J orgeiisen. Rainey, Williams, Richard I rise I Cox, Jacob D. Keifer, Randolph, Willis, Benj. A. Mr. WADDELL. to a privileged motion. ask the House Crapo, Keightley, Rice, William W. Willits, to accede to the conference asked by the Senate on the post-route Cummings, Ketcham, Robi.rulon, G. D. Wood, bill. . . Danford, Lapham, Ross, Wren. The SPEAKER. That matter is in charge of the gentleman from Davis, Horace Lathrop, R yan, Illinois, [Mr. CANNON.) Dea.n, Lindsey, sampson, Mr. WADDELL. How did it get there f I reported the bill to the NOT VOTING-57. House; and I called it up to-day. Atkins, Fort, Loring "Sp..'U'ks, The SPEAKER. The gentleman from Illinois, who offered the Bacon · Freeman, Luttrell, Swann, Baker: William H. Frye, Lynde, Thornburgh, resolution in reference to the subject on which the conference is Ballou, Fuller, Manning, Tipton, • asked, will be recol@ized. The Chair has notified him of that fact. Benedict, Garfield, Martin Turner, RESUMPTION OF SPECIE PAYMENTS. Bisbee, Gibson, Money; Van Vorhes, Bland, Glover, Pn~h, Waddell, Mr. EWING. I move that the rules be suspended and to take from Buckner, Gunter, Qumn, Walsh, the Speaker's table Honse bill No. 805, ta non-concur in the amend­ Caldwell, W. P. HBle, Reagan, Wig~ton, Camp, • Hazelton, Reed, Williams, JereN. ments of the Senate, and ask a conference thereon. · Davidson, Hewitt, Abram S. Robinson, M. S. Wright,. The title of the bill was read, as follows: Dunnell, Joyce, Schleicher . Young. A bill (H. R. No. 805) to repeal all that part of the act approved January 14,1875, Ellis, Kimmel, Sexton, known as the resumption act, which authorizes the Secretary of the Treasury to Ellsworth, Knapp, Shelley dispose of United States bonds and redeem and cancel the greenba.ok currency. Errett, Knott, Slemons Mr. BURCHARD. I raise the question of consideration between So the motion was disagreed to; two-thirds not voting in favor this and the internal-revenue bill. thereof. The SPEAKER. This is a motion to suspend the rules. Dnring the vote, The amendments of the Senate were read, as follows: Mr. CALDWELL, of Tennessee, said: I am paired with my col­ Strike out all after the enacting clause and insert the following: league, Mr. THORNBURGH. If he were here, I would vote in the That from and after the passage of this act United States notes shall be re­ affirmative. I do not know how he would vote. ceivable the same as coin in payment for the 4 per cent. bonds now authorized by Mr. BRAGG. My colleague, Mr. LYNDE, is paired with Mr. LORING. law to be issued ; and on ~dafter October 1, 1878, said notes shall be receivable for duties on imports. - If my colleague were present, he would vote in the affirmative. Amend the title so as to read: Mr. ROBERTS. My colleague, Mr. WALSH, is absent on account A bill to make United States notes receiv.a.ble for duties on imports, and for of sickness. other purposes. Mr. McKENZIE. My colleague, Mr. TURNER, is paired with Mr. . Mr. PAGE. I move to amend the motion so as to concur in the ROBINSON, of India~. Senate amendments. Mr. WIGGINTON. I am paired with Mr. JoYCE. If he were pres- . 1878. CONGRESSIONAL- RECORD-· HOUSE. 4621 ent, he would vote in the negative and I would vote in the affirma- CAROLINE STIEF. tive. · Mf. RICE, of Ohio, also, from the same committee reported, as a · Mr. PUGH. I am paired with Jltlr. MARTIN. If he were here, he substitute for House bill No. 815, a bill (H. R. No. 5t96) granting a. would vote in the affirmative and I would vote in the negative. pension to Caroline Stief, widow of Frederick Stief, late a member Mr. TIPTON. I am paired with my colleague, Mr. KNAPP. of the Missouri militia; which was read a first and second time, re­ . Mr. CASWELL. My colleague, Mr. HAZELTON, is confined to his ferred to the Committee of the Whole on the Private Calendar, and, room by illness. If present, he would vote in the negative. with the accompanying report, ordered to be printed. Mr. FREEMAN. I am paired .:with Mr. SLEMONS. Mr. STRAIT. My colleague, Mr. DUNNELL, is paired with Mr. MA.RY E. RYA.N. REAGAN, both gentlemen being absent on the conference on the river Mr. RICE, of Ohio, also, from the same committee, reported, as a and harbor bill. substitute for House bill No. 2717, a bill (H. R. No. 5197) granting ; Mr. EDEN. Mr. BucKNER is absent on account of indisposition. a pension to Mary E. Ryan, widow of George Parker Ryan, com­ · Mr. HANNA. My colleagues, Mr.FULLERandMr.SEXTON, who are mander United States Navy; which was read a first and second time, absent, are paired. referred to the Committee of the Whole on the Private Calendar, and, Mr. KENNA. I have just left Mr. Dum.-·ELL, of Minnesota, and Mr. with the accompanying report, ordered to be printed. REAGAN, of Texas, in the conferenc{'l committee dn the disagreeing ESTHER E. LIEURANCE. votes of the two Houses on the river and harbor bill. I have been Jltlr. RICE, of Ohio, also, from the same committee, reported, as a. requested to announce they Sore paired, and that, if present, Mr. REA.­ substitute for House bill No. 492-2, a bill (H. R. No. 5198) granting GA..bl" would vote in the affirmative and Mr. DPNNELL in the negative. a pension to Esther E. Lieurance, widow of Stephen Lieurance, Com­ The vote was the,n announced as above recorded. pany H, Third Wisconsin Volunteers; which was read a first and PRESIDENTIAL . TITLE. second time, referred to the Committee of the Whole on the Private. ' Mr. STEPHENS, of Georgia, by unanimous consent, was granted Calendar, and, with the accompanying report, ordered to be p.rinted. leave to record his vote in the affirmative on the resolution offered ADVERSE REPORTS. this morning by .Mr. BURCHARD on the subject of the presidential Mr. RICE, of Ohio, also, from the same committee, reported back, title. with an adverse recommendation, bills of .the following titles; and The hour of half past four having arrived, the Honse under previous the same were laid on the table, and the accompaying reports were <_>rder took a recess until half past seven o'clock this eve~g. ordered to be printed: The bill (H. R. No. 4956) granting a pension to John Borden, father EVENING SESSION. of William Borden ; and • The bill (H. R. No. 3350) for the relief of John Mercer. The recess haVing expired, the House reassembled at half past seven Jltlr. RICE, of Ohio, moved to reconsider the votes by which the o'clock p.m. bills reported adversely were laid on the table; and also moved that ENROLLED BILLS AND JOINT RESOLUTIONS. the motion to reconsider be laid on the table. r Mr. RAINEY, from the Committee on Enrolled Bills, reported that The latter motion was agreed to. they bad examined and found truly enrolled bills and joint resolu­ JAMES WOOLSEY. tions of the following titles; when the Speaker signed the same : Mr. RIDDLE, from the Committee on Invalid Pensions, reported An act (H. R. No. 739) for the relief of Henry Plowman; ba{}k, with a favorable recommendation, the bill (H. R. No. 2970) An act (H. R. No .. 977) to relieve the political disabilities of John granting a pension to James Woolsey, First Tennessee Cavalry; which Green, sr., of Alabama; . was referred to the Committee of the Whole on the Private Calendar, An act (H. R. No. 1638) to remove the political disabilities of Albert and the accompanying report ordered to be printed. Miller Lea, of Navarro County, Texas; An act (H. R. No. 1897) to remove the political disabilities of W. MELVINA. INGLE. E. Evans, a citizen of Louisiana ; Mr. RIDDLE also, from the same committee, reported back, with · An act (H. R. No. 2242) for the relief of William T. Malater, of Bal­ a favorable recommendation, the bill (H. R. No. 2969) granting a pen­ timore, Maryland; sion to Melvina Ingle, widow of Joseph H. Ingle, late Second Illinois An act (H. R. No. 3276) to remove the political disabilities of Will­ Light Artillery; which was referred to the Committee ~f the Whole iam C. Whittle, of Virginia; on the Private Calendar, and the accompanying report ordered to be - An act (H. R. No. 3314) to remove the political disabilities of John printed. ',I'. Mason, of Maryland; ELIZABETH FULKS. ' An act (H. R. No. 3548) making appropriations for the payment of Mr. RIDDLE also, from the same committee, reported a bill (H. claims reported allowed by the commissiOners of claims under the act R. No. 5199) granting a pension to Elizabeth Fulks; which was read of Congress of March 3, 1b71 ; · a first and second time, referred to the Committee of the Whole on An act (H. R. No. 3978) to authorize the Barataria Ship-Canal Com­ to pany to construct and operate a ship-canal from New Orleans to the the Private Calendar, and, with the accompanying report, ordered Gulf of Mexico, through the lands and waters of the United States, be printed. and to grant to said company the right of way for that purpose; WILLIAM HORNER. . An. act (H. R. No. 4550) to remove the political disabilities of Mr. RIDDLE also, from the same committee, reported a bill (H• Thomas L. Moore, of the State of Virginia; R. No. 5200) granting a pension to William Horner, late private Com­ . An act (H. R. No. 4568) to remove the political disabilities of Robert pany D, First Tennessee· Light Artillery ; which was read a first and 'J'. Chapman, of Wharton County, Texas; . second time, referred to the Committee of the Whole on the Private An act (H. R. No. 4802) for the construction of a. public building for Calendar, and, with the accompanying report, or~ered to be printed. use by the United StatesGoyernment in the city of New York; JA.MES M, .ALLISON. An act (H. R. No. 5137) to legalize the collection of head-moneys Mr. RIDDLE ·also, nom same committee, reported a bill (H. R. ~eady paid; Joint resolution (H. R. No. 81) asking for investigation in the case No. 5201) restoring the name of James M. Allison, late private Com­ of Edward O'.M. Condon ; pany G, Second Regiment Tennessee Volunteers, Mexican war; which Joint resolution (S. R. No. 36) authorizing the Secretary of War to was read a first and second time, referred to the Committee of the deliver to the city of Winterset, Madison County, Iowa, four cannon Whole on the Private Calendar, and, with the accompanying report, and carriages for the soldiers' monument in said city; ordered to be printed. NA~L HALBERT. Jointresolri.tion (S. R. No. 37) authorizin~ the Secretary of War to turn over to the governor of North Carolina such tents, poles, and Mr. RIDDLE also, from the same committee, reported back, with a pins as he may require for the nse of the militia and volunteer organ­ favorable recommendation, the bill (H. R. No. 5135) granting a pen­ izations of the State at their summer. and fall encampment. sion to Nathaniel Halbert; which was referred to the Committee of the Whole on the Private Calendar, and the accompanying 1eport or­ ORDER OF BUSINESS. dered to be printed. · The SPEAKER. This evening's session is held exclusively for the ADVERSE REPORTS. . following purposes: First, reports from the Committee on Invalid Mr. RIDDLE also, from the same committee, reported adversely Pensions; second, private pension bills on the Private Calendar; on the following bills and petitions ; and the same were severally third, reports from the Committee on .Military Affairs in reference to laid on the table, and theacoompanyingreportsordered to be printed: claims of soldiers for services rendered to the Government; and, fourth, The bill (H. R. No. 1488) granting a pension to Victorine Mott, private pension bills on the Speaker's table. These bills are to be widow of Peter Mott, late private Company I,. }lfteenth Regiment considered the same as of objection day. Ohio Volunteer Infantry; . ELIZA.Bi'rH J. WEMS. The bill (H. R. No. 2137) granting a pension to Theodore H. McCalla, Mr. RICE, of Ohio, from the Committee on Invalid Pensions, re· of Philadelphia, Pennsylvania; ported a bill (H. R. No. 5195) graniing a pension t.o Elizabeth J. The petition of Margaret A. Ward, widow of William H. Ward, de- Wems, widow o~ Willis ·G. Wems, late private of Company I, Ninth ceased, late captain Kentucky Home Guards ; Regiment Kentucky Volunteers; which was read a first and second The petition of A. B. Keele; and time, referred to the Committee of the Whole on the Private Calen­ The petition of Augustine Henn~sy. dar, and, with the accompanying report, qrdered to be printed. Mr. RICE, of Ohio, moved to reconsider the votes by which the. 4622 CONGRESSIONAL RECORD-HOUSE. JUNE 14, bllls and petitions reported adversely were laid on the table; and THO.l\IAS LOWRY. also moved that the motion to reconsider be laid on the table. Mr. METCALFE, from the Committee on Invalid Pensions, reported The latter motion was agreed to. back, with a favorable recommendation, the bill (H. R. No. 1483) CATIIA.RINE B. WILLCOX. granting a pension to Th"bmas Lowry, late sergeant of Company A, Mr. MACKEY, from the Committee on Invalid Pensions, reported One hundred and forty-seventh Regiment Pennsylvania Volnuteers ; back, with a favorable recommendation, the· bill (H. R. No. 3696) which was referred to the Committee of the Whole on the Private granting a pension to Catharine S. Willcox, widow of Lieutenant­ Calendar, and the accompanying report ordered to be printed. Commander William Henry Willcox, late of the United States Navy; SAMUEL J. WILSON. which was read a first and second time, referred to the Committee of the Whole on the Private Calendar, and the accompanying report Mr. METCALFE also, from the same committee, reported back, with a favorable recommendation, the bill (H. R. No. 1960) granting ordered to be printed. a pension to Samuel J. Wilson; which was referred to the Committee CATHARINE B. EDMONSTON. of the Whole on the Private Calendar, and the accompanyingreport Mr. MACKEY also, from the same committee, reported back, with ordered to be printed. a favorable recommendation, the bill (H. R. No. 3412) grantlng a pen­ ROBERT M 1DONALD. sion to Catharine S. Edmonston; which was referred to the Commit­ Mr. METCALFE also, from the same committee, reported back,· tee of the Whole on the Private Calendar, and the accompanying with a favorable recommendation, the bill (H. R. No. 812) granting a report ordered to be printed. pension to Robert McDonald; which was referred to the Committee ADVERSE REPORTS. of the Whole on the Private Calendar, and the accompanying report Mr. MACKEY also, from the same committee, reported back, with ordered to be printed. adverse recommendations, the following bills; which were severally GEORGE A. HARRISON. laid on the table, and the accompanying reports ordered to be Mr. METCALFE also, from the same committee, reported a bill printed: (H. R. No. 5204) granting a pension to George A. Harrison; which A bill (H. R. No. 900) ranting a pension to the widow of E. J. Rus­ was read a first and second time, referred to the Committee of the sell, sergeant Company , First Maryland Veteran Infantry; Whole on the Private Calendar, and, with the accompanying report, A bill (H. R. No. 1205) for the relief of Mary N. De Haven; and ordered to be printed. The petition of John B. Cothran, praying for a pension. E. J. GURLEY. MESSAGE FROM THE SENATE. Mr. RICE, of Ohio. I move that the House now resolve itself A message from the Senate, by Mr. SYMPsoN, one of its cJerks into Committee of the Whole on the Private Calendar. . announced that the Senate further insisted on its amendments and Mr. HANNA. Before that motion is pnt I appeal to the House agreed to the further conference asked for by the House on the that by unanimous consent the bill (H. R. No. 658) for the relief of disa:p-eeing votes of the two Houses on the bill (H. R. No. 4104) E. J. Gorley, of McLennan County, Texas, be taken from the Speak­ making appropriations for the legislative, executive, and judicial ex­ er's table. penses of the Government for the fiscal year ending June 30, 1879, Mr. RICE, of Ohio. If that is one of the bills embraced in the and for other purposes, and had appointed Mr. WINDOM, Mr. ALLI­ order, I have no objection. soN, and Mr. BECK conferees on the part of the Senate. The SPEAKER. The gentleman asks unanimous consent simply The message further announced that the Senate had passed bills of to take it from the Calendar and pass it, so as to take it out of itd the House of the following titles : order from the Calendar. It is within the pro¥ince of the House to A bill (H. R. No. 8-2) for the relief of Alexander Anderson, late first do that. lieutenant Fourteenth New York Volunteer Cavalry; Mr. HAYES. I must object. . A bill (H. R. No. 234) for the relief of John F. Andrews, postmaslier Mr. RICE, of Ohio. It is within the order of the House, and I at Washington, Georgia; hope the gentleman will not object. A bill (H. R. No. 4976) to increase the pension of certain pensioned Mr. HAYES. Let it come up at; the regular time. soldiers and f!ailors who have lost both their hands, or both their feet, Mr. RICE, of Ohio. I hopo the gentleman will withdraw his ob- or the sight of both eyes in the service of the country; jection. · A bill (H. U. No. 1966) for the relief of J. H. Duncan, postmaster ·Mr. HAYES. ·Well, I withdraw my objection. at Elberton, Georgia; and The bill w&a taken from the Speaker's table, ordered to be en· A bill (H. R. No. 5052) to amend s&ction 3835 ef the Revised Stat­ grossed and read a third time ; and it was accordingly read the third utes of the United States. time, and passed. The message further aJmounced that the Senate had passed bills of Mr. HANNA moved to reconsider the vote by which the bill was the following titles; in which he was directed to ask the concurrence passed ; and also moved that the motion to reconsider be laid upon of the House: the table. A bill (S. No. 95) authorizing the construction of a first-class light­ The latter motion was agreed to. house on Tillamook Head, Oregon ; and PRIVATE CALENDAR. A bill (S. No. 1368) in relation to the Kansas Pacific Railway and to Yr. RICE, of Ohio. I now insist upon my motion that the House' alter and amend an act entitled "An act to aid in the construction of resolve itself into Committee of the Whole on the Private Caltmdar a railroad and telegraph line from the Missouri River to the Pacific for the pm:pose of considering the business upon the Private Cll.len­ Ocean and to secure to the Government the use of the same for mili­ dar. tary or other purposes," approved July 1, 1862; and also to alter and The question was put upon the motion of Mr. RICE, of Ohio, and amend an act of Congress approved July 2, 1864, in amendment to it was agreed to; and the House accordingly resolved itself into Com­ said first-named act. mittee of the Whole on the Private Calendar, Mr. MILLS in the Chair. BRIDGET LEAFFY. The CHAffiMAN. The Committee of the Whole on the Private . Mr. SINNICKSON, from the Committee on Invalid Pensions, re­ Calendar resumes the consideration of business upon the Private ported back, with a favorable recommendation, the bill (H. R. No. Calendar where it was last left off, and the Clerk will now read the 1646) granting a pension to Bridget Leaffy, widow of Lawrence W. first bill upon the Calendar. Leaffy; which was referred to the Committee of the Whole on the Mr. RICE, of Ohio. This evening we are here for the consideration Private Calendar, and the accompanyin~ report ordered to be printed. of pension bills as on objection day. LEWIS CHRISTOPHER LIEDERMANN, Mr. TOWNSHEND, of lllinois. Was that included in the order J Mr. SINNICKSON also, from the same committee, reported, as a The CHAIRMAN. It was included, ancl one objection will cause a substitute for House bill No. 2'2&9, a bill (H. R. No. 5202) granting a bill to be laid aside. pension to Lewis Christopher Liedermann; which was read a first The Clerk read the following: and second time, referred to the Committee of the Whole on the .A"bill (H. R. No. 934) for the re1ief of the heirs of Brigadier-General William Private Calendar, and, with the accompanying report, ordered to be Thompson, of the revolutionary aJ.my. printed. Mr. RICE, of Ohio. That bill is not embraced in the order for JAMES RUFFORD WOOD. to-night. The session for to-night is for the consideration first of Mr. SINNICKSON also, from the same committee, reported a bill bills from the Committee on Invalid Pensions. (H. R. No. 5203) granting a pension to James Rufiord Wood; which The CHAffiMAN. The Clerk, then, will report the first pension was read a first and second time, referred to the Committee of the bill on the Calendar. Whole on the Private Calendar, and, with the accompanying report, The Clerk read the following: ordered to be printed. A bill (H. R. No. ;.1) .ltJ"3.Ilting a. pension to Agnes Fairly, widow of David Fairly. SARAH SEARLE. Mr. SINNICKSON. That bill bas been objected to before. . Mr. POWERS, from the Committee on Invalid Pensions, reported The CHAIRMAN. How many times bas that bill been objected toT back, with a favorable recommenaation, the bill (H. R. No. 4657) for Mr. RICE, of Ohio. It has been objected to twice; tho last time the relief of Sarah Searle, widow of Milton Searle, of the One hundred by five members. and seventy-first New York State Volunteers and Seventy-third New The CHAIRMAN. The bill will be passed over. York State Veterans; which was referred to the Committee of the Mr. TOWNSHEND, of Illinois. The next bill on 'the Calentlar is Whole on the Private Calendlll', and the accompanying report ordered the bill (H. R. No. 506) granting a pension to John B. Tucker. I ask to be printed. unanimous consent to consider that bill now. 1878. .CONGRESSIONAL RECORD-HOUSE. 4623

The CHAIRMAN. Unanimous consent cannot be granted in Com­ deuce on file in the office of the Commissioner of Pensions as case No. mit ee of the Whole; the Committee of the Whole is acting under 97881." instructions of the Honse. The amendment was agreed to, and the bill, as amended, laid aside Mr. TOWNSHEND, of lllinois. There is no objection to it. without objection, to be reported favorably to the House. The CHA.IRJ\L\.N. It has been objected to before by five members. The following bills were also laid aside without objection, to be Mr. HUNTER. I object to anything being taken up which is not reported favorably to the House: within the order. A bill (H. R. No. 468.1) granting a pension to Michael O'Brien; Mr. RYAN. Was there not an adverse report in that case f A bill (H. R. No. 4684) granting a pension to Mrs. Catharine Vaughan, Mr. TOWNSHEND, of illinois. There was an adverse report; but widow of Thomas J. Vaughan, late a private in Company F, Third if I can be beard for a moment I am sure there will be no objection. Tennessee Mounted Infantry; The CHAIRUAN. The rule requires that the bill be passed over A bill (S. No. 686) granting a pension to Mary Emma Baptist and after it has been objected to. This bill was objected to on the 15th Daisy Baptist, minor child ; of April by fivo members. . A bill (H. R. No. 1636) granting a pension to Jeptha Rubert; Mr: TOWNSHEND, of Illinois. Suppose it isnotobjected to now; A bill (H. R. No. 2944) granting an increase of pension to Jacob can it not be consideredf Parrott, of Hardin County, Ohio; -- The CHAIRMAN. It cannot bo considered .now if every member A bill (H. R. No. 4685) granting a pension to William N. Tanna­ of the Committee of the Whole should agree to it. hill; Mr. HUNTER. I object to it. A bill (H. R. No. 4686) granting a pension to William J. Baxter; The CHAIRMAN. The Clerk will proceed to report the bills to A bill (H. R. No. 4687) granting a pension to Georgine Thomas, which there have been no objections. widow of General Charles Thomas, deceased; . . The following bills were then ordered to be laid aside, to be reported A bill (H. R. No. 1054) granting a pension to Jefferson Kinder; favorably to the Honse: A bill (H. R. No. 4688) granting a pension to Theodore Arbt; and A bill (H. R. No.1396) granting-a pension to Elizabeth R. Hull; and A bill (H. R. No. 4689) granting a pension to Thomas R. Cross. A bill (H. R. No. 3861) granting an increase of pension to Mary G. The next business on the Calendar was the bill (H. R. No. 4.690) Harris. grantin~ an increase of pension to Abraham Forry. · The next bill on the Calendar was the following: The bill direct.s the Secretary of the Interior to pay to Abram Forry A bill (H. R. No. 4369) granting an increa.se of pension to General a pension of $48 a month in lien of the pension he now receives of James Shields. · $24 per month. Mr. RICE, of Ohio. That bill has already been acted upon. Mr. HAMILTON. I move to amend by striking out "$48" and Mr. HANNA. Is not this tho fact: that we first passed a bill which inserting " 60." went to the Senate, and then when th~y got into a wrangle over it in The amendment was not agreed to. the Senate, a second bill was introduced in the House in order to save Mr. HAMILTON. Then I object to the bill, as he is now receiving timef $50 a month. · The CHAIRMAN. The bill will be passed over. The CHAIRMAN. The ·bill bein~ objected to, it is passed over. Mr. CUMMINGS. On a former evening when we were considering The following bills were then lrud aside, to be reported favorably bills under an order like this the rule was anopted of reading only the to the House : - title of the bill, except when the reading of the whole bill was called A bill (H. R. No. 4691) granting a pension to Hannah Hallam; for. A biJl (H. R. No. 4692) restoring his pension to Michael McGinty; The CHAIRMAN. That will be done to-night if there be no objec­ A bill (H. R. No. 4693) granting a pension to David McComb; tion. A bill (H. R. No. 550) granting a pension to Mary A. Allen; There was no objection. A bill (H. R. No. 2126) granting a pension to Anna Va.shage; Mr. EDEN. 'l'here are two bills on the Calendar, a bill (H. R. No. A bill (H. R. No. 3362) granting a pension to Nathan A. Winters; 1209) for the relief of the logal representatives of John W. Gall, de­ A bill (H. R. No. 394) granting a pension to the heirs of Horace A. ceased, and a bill (H. R. No. 1210) for the relief of Charles Valier, Chambers; reported from tho Committee on War Claims. _A bill (H. R. No. 4694) granting a pension to James Riley, lato 'l'ho CHAIRMAN. The first business in order is t.he consideration private in Company D, Fourth Regiment United States Infantry; of bills from the Committee on Invalid Pensions; next bills for the A bill (H. R. No. 4695) granting a pension to James Buchanan; relief of soldiers. A bill (H. R. No. 4696) granting a pension to Cynthia Spradlin; Mr. MORRISON. They are all in the one order. A bill (H. R. No. 4697) granting a pension to Philip Thoen; Mr. RICE, of Ohio. No; the pension bills come first. A bill (H. R. No. 697) restoring the name of Benjamin Hollings­ The CHAIRMAN. The Speaker of the House stated that the session worth to the pension-roll ; to-night was for pension bills first and bills for the relief of soldiers A bill (H. R. No. 1045) to place George W. Browning on the pension- next. roll; Mr. MORRISON. Let the order be read. A bill (H. R. No. 529) granting a. pension to Daniel Middongh; 'fhe CHAIRMAN. It will take some time to refer to the record· A bill (H. R. No. 2460) granting a pension to George W. Leamy; but that was the statement of the Chair. The Clerk will proce;d A bill (H. R. No. 4698) granting a pension to Helen Crabbe; with the pension bills. - A bill (H. R. No. 4699) granting a pension to William II. Edwards; The following bills were then laid aside, without objection, to be A bill (H. R. No. 4700) granting a pension to Almira Tinney; reported favorably to the Honse : A bill (H. R. No. 4701) granting a pension to George W. Staplin; A bill (H. R. No. 4680) granting a pension to Robert P. Walker, A bill (S. No. 704) granting a pension to Grace Aikins; :ate private Company H, Ninety-fourth Regiment Ohio Volunteer A bill (H. R. No. 837) granting a pension to William R. Browne; Infantry; A bill (H. R. No. 2967)granting a pension toJamesMooreland, late A bill (H. R. No. 3266) granting a pension to Dalton Hinchman, private Company K, Fourteenth Tennessee Volunteers, Mexican war, late a priirate in Company G, Second Michigan Cavalry; of Jackson County, Tennessee ; A bill (H. R. No. 46l:H) ~nting a pension to Joseph Odell, late A bill (H. R. No. 126) for the relief of James R Gordon, of Colum­ private Company I, Sixty-fifth Regiment Indiana Volunteer Infantry; bia Cross-Roads, Bradford County, Pennsylvania;· A bill.(S. No. 871) granting a pension to William Emerson; A bill (H. R. No. 2296) to authorize the Secretary of t.he Interior to A bill (S. No. 712) granting a pension to William London ; place upon the pension-roll the name of John Ward, late sergeant of A biU·(S. No. 76) granting a pension to Mary Ann McFarland; Company K, Second Regiment West Virginia Volunteer Cavalry; A bill (S. No. 221) granting a pension to Mary Kirby Smith Eaton A bill (H. R. No. 4702) granting a pension to Catharine Gemmill during her widowhood; and children; A bill (S. 'No. {hl5) granting an increase of pension to Theodore A bill (H. R. No. 1443) granting a pension to William Gibson; Gardner; A bill (H. R. No. 3397) granting a pension to MaryS. Webster A bill (H. R. No. 1842) a granting pension to Henry Grossmann, A bill (H. R. No. 4703) granting a pension to Wealthy Perkins; Jato a private in Company G of the One hundred and forty-fourth A bill (H. R. No. 3411) granting a pension to George Lawrence; Regiment of Illinois Infantry Volunteers; A bill (H. R. No. 29-27) to restore to the pension-roll the name of A bill (H. R. No. 3196) granting a pension to William H. Garrett, Micha-el S. Corl ; · late private in Company B in the Fifty-sixth Regiment illinois In- A bill (H. R. No. 4792) granting a pension to Calvin Halstead; fantry Volunteers; _ A bill (H. R. No. 698) granting a pension to Nathan Udell; A bill {H. R. No. 592) granting a pension to MarthaA. Williamson; A bill (H. R. No. 4793) granting a pension to James Mahew, late a A bill (H. R. No. 3925) granting a pension to James H. -Hayes, private in Twenty-third Batteij' of Indiana Volunteers; private in Company B, Thirty-ninth Regiment Illinois Volunteers; A bill (H. R. No. 4794) granting a pension to Peter Yarnell, late a A bill (H. R. No. 4&3~) granting a p~nsion to AdaJine P. Loy, widow private in Company D, Twelfth West Virginia Volunteers; of Joseph F. Loy, deceased. A bill (S. No. 547) granting a pension to Caroline M. Egbert; The following bill was reported from the Committee on Invalid A bill (H. R. No. 1994) granting a pension to Dennis McGinnis; Pensions with an amendment: A bill (H. R. No. 892) granting a pension to Oscar D. Nott, late a A bill (H. R. No. 2975) granting a. pension to William Reynolds, private of Company K, One hundred and sixty-ftrst Regiment Ohio late a private in Company G, Thirteenth Regiment Indiana Volun­ Volunteer Infantry; teers. A bill (H. R. No. 4795) granting a pension to An~ Qonwli~ LaJV The amendment was to strike out the following: " Said pension to man; qe allowed from the 19th day of September, 1865, based on the evi- , A bill (H. R. No. 4796) granting a pension to Jose:pq :Pratton;

• 4624 CONGRESSIONAL RECORD·-· HOUSE. JUNE 14,

• A bill (H. R. No. 3150) granting a pension to Joseph Ward; DEPARTHE..'U OF THE INTERIOR, P&.~SJON OFFICE , A bill (H. R. No. 585) for the relief of Daniel C. Putnam; Washington, D. 0., May 15, 1878. A _bill (H. R. No: 2858) granting a pension to Herman Netterfield; Sm: In reply to your inquiry relative to the case of Abraham Forry, certificate No. 71523, a resident of·Deca.tur, Indiana., I have the honor to state that the pen. A bill (H. R. No. 3500) granting a pension to Helena Fechtels; sioner appeared before the office in person, and upon a personal examination, f the · A hill (H. R. No. 4967) granting a pension to Calvin E. Pratt, late case it was decided that a fair and just construction of the law warranted the brigadier-general of volunteers; office in allowin~ an increase of pension at the rate of $50 per month from July 1~, A bill (H. R. No. 491) granting a pension to Henry Brown, late a 1876; which demsion was carried into effect on the 20th ultimo, and a pension cer• tificate was issued as above indicated. private in Company C, One hundred and twenty-third Regiment Illi- I am, sir, very respectfully, nois Volunteers ; ·. J. A. BENTLEY, .A. bill (H. R. No. 3676) for the relief of Benjamin Sanders; Oommissioner. • .A. bill (H. R. No. 648) for the relief of Asa Morse, of Stanton, Mich­ Hon. A. H. HAMILTOY, igan; House. of Representanvea, Oity. A bill (H. R. No. 309) for the relief of .Andrew F. Higgins, of Brown SOLDIERS' CLAIMS. County, Ohio; - A bill (H. R. No. 4968) granting a pension to Patrick Glackin; The CHAIRMAN. The committee has gone through the Calendar • .A. bill (H. R. No. 1843) granting a pension to Lucinda Barrett, widow so far as private pension bills are concerned, and under the order of of Thomas S. Barrett, late a private in Company M, of the Sixth illi­ the House the next bills to be taken up for consideration are claims nois Cavalry ; of soldiers for services rendered to the Government, and gentlemen .A. hill (H. R. No. 2826) granting a pension to John H. Ferrell, late will call up such cases as ~re upon the Calendar in their order• a pilot on the United States steamer Moose, in the Mississippi squad­ THOMAS F. ALEXANDER, OF I:LL.niOIS. ron; Mr. HARTZELL. I call up the bill (H. R. No. 521) for the relief · .A. bill (H. R. No. 4970) granting a pension to John H. McBruyer; of Thomas F • .Alexander, of illinois, introduced by myself, and reported .A. bill (H R. No. 4971) granting a pension to Mary Frazee; from the Committee on Military Affairs by the gentleman from Wis­ .A. bill (H. R. No. 2767) granting a pension to John M. Stuter, bugler consin [Mr. BRAGG] with an amendment. of Company I, Fourth Regiment Ohio Volunteer Cavalry; The bill, which was read, authorizes the proper accounting officer .A. bill (H. R. No. 4972) restoring the name of Mary J. Stover to the of the Treasnrr to pay to Thomas F . .Alexander, late lieutenant Com­ pension-roll; and · pany F, Eightieth Regiment Illinois Infantry Volunteers, out of any A bill (H. R. No. 4973) granting a pension to Frank Snyder, L'lte money in the Treasury not otherwise appropriated, the pay and al-· private Company B, McLaughlin's Squadron, Ohio Cavalry. lowance of first lieutenant of infantry commanding company, from MRS. ELIZA H. FRAILEY. the 12th day of June, 1864, until the 19th dayof June, 1865, after first . A bill (H. R. ~o. 4975) granting a.n increase qf pension to Mrs. deducting all pay and allowances received by the said Thomas F • Eliza H. Frailey. .Alexander. · Objected to by Mr. HEwiTT, of .A.labam~~o. The CHAIRMAN. The amendment of the committee is to strike out the "12th day of J nne" and insert " 1st day of November." BILLS PASSED. The amendment was agreed to. There being no objection, the following bills were laid aside, to be There being no objection, the bill was laid aside, to be reported to reported to the Honse with the recommendation that they do pass: the House with the recommendation that it do pass as amended. A bill (H. R. No. 2544) granting a pension Melissa Wagner, widow of Ja{lob F. Wagner, late private in Company B, Sixty-seventh Penn­ WILLIAM MILLS. sylvania Volunteers; Mr. BRAGG. I call up the bill (H. R. No. 2374) for the relief of .A. bill (H. R. No. 3598) granting a pension to Alice B. Munroe; William Mills, which I reported from the Committee on Military .A. bill (H. R. No. 4978) granting a pension to James Johnson; Affairs with an amendment. A bill (H. R. No. 846) for the relief of Thomas C. Young, late pri­ The bill was read. It directs the Paymaster-General of the Army vate of Company F, Thirty-ninth Iowa Infantry; to pay to William Mills,nowcaptain in the Second United States In­ t .A. bill (H. R. No. 4494) granting a pension to John Grubbins; fantry, the pay of a second lieutenant of infantry, at the rate of .A. bill (H. R. No. 3408) granting a pension to Samuel V. Adams; 1,400 per annum, as fixed by law, for services rendered as an acting A bill (H. R. No. 2489) grantingapension toJohnGavin,Sixteenth second lieutenant in the Fifth United States Infantry, from the 6th New York Cavalry; day of February, 1862, to the date of his receipt and acceptance of­ .A. bill (H. R. No. 4979) ~anting a pension to George Quarrel, late his commission as lieutenant in the Sixteenth United States Infantry, a private in Company H, Fourth New York Volunteers; which services were performed under an appointment from General .A. bill (H. R . .No. 4980) granting a pension to John Dillinger, late a Edward R. S. Canby, United States_Army, commanding the Depart­ private Fifth Regiment United States .Artillery; ment of New Mexico, as acting second lieutenant Fifth Infantry; .A. bill (H. R. No. 711) granting a pensjon to JohnS. Corlett; provided that there shall be deducted from such pay the amounts .A. bill (H. R. No. 754) granting a pension to James W. Crowley; already received by him during the time above specified . .A. bill (H. R. No. 4982)granting a pension to Valeria C. Penrose; The amendment was read, as follows: .A. bill (H. R. No. 4983) granting a pension to Sarah H. Bradford; In line 9, strike out the words "6th day of Febrna.ry" and insert the words ' · .A. bill (H. R. No. 4984) granting a pension to John L. Taylor; "5th day of January." .A. bill (H. R. No. 4985) granting a pension to George Denney; .A. bill (H. R. No. 4986) granting a pension to H. Louise Gates; and The amendment was agreed to. . .A. bill (H. R. No. 4987) granting a pension to James H. Cook. There being no objection, the bill, as amended, was laid aside, to be reported favorably to the House. ' ABRAHAM FORRY. ' Mr. RICE, of Ohio. I move to go back to bill No. 4690, granting an A. S • . BJ,.OOM. fucrease of pension to Abraham }'orry, which was objected to. Mr. BRAGG. I call up the bill (H. R. No. 12'26) which I reported • Mr. HAMILTON. ·I hopetha.twill be done because themattercer­ from the Committee on Military Affairs with an amendment. tainly was not understood at that time. [Cries of "Regular order I"] The bill was read. It authorizes and directs the Secretary of the The CHAIRMAN. That cannot be done. When the bill was called Treasury t-o pay to A. S. Bloom, late a major in the Seventh Kentucky' up it was objected to and passed over under the order of the House. Volunteer Cavalry, out of any moneys in. the Treasury not otherwise - Mr. HAMILTON. I ask then to put on record a statement in ref- appr-opriated, the pay and allowances of a major of cavalry from J nly erence to the matter. , 4,1864, until November 1,1864, deducting therefrom any moneys paid - Mr. RICE; of Ohio I'hope there will be no objection to that. hi.m for any other position held during that period. The CHAIRMAN The Chair hears no objection. The amendment was to strike out the words "July 4" and insert The statement is as follows : in lien thereof the words " September 2." Abraham Forry now receives a pension of f24 per month, which, on account of The amendment was agreed to. his helpless condition, he avers to be inadequate, and petitions for an increase. Mr. HAYES. I submit w-e should have a little more information Dr. J. B. Hood, t.he medical referee, speaks of the case as follows: as to these bills. -"I find paralysis and marked muscular atrophy and distension of the wholo right arm; total loss of vision of left eye; very great deafness, amounting practically to The CHAIRMAN. These bills are reported unanimously. The chair­ total of both ears; partial paralysis and muscular atrophy of the right leg and a man of the Conlmittee on Military Affairs [Mr. BANNING] stands there small degree of disability of the left arm, all of which it appears resnlt from inju­ and vouches for them. ries incuiTed in service and line of duty. That he requires some aid and attention Mr. PATTERSON, of New York. The bills should be take~ up in hi perfectly obvious, as ho can neither dreBS nor undreBS without some assistance. I cannot, however, gi"\"e it as my opinion that he is entitled to$.')() per month under their order as they stand on the Calendar, instead of our being asked tl,le provisions of the act of June 18, 1874, as he does not require the rego]ar pres­ to go back and forward continually in this wa.y. ence, aid, and attendance of another person. Still, that the sum of his uisabilities There being no objection, the bill, as amended, was laid aside, to mLed under the existing law and practice of this office, taken one by one, wonld considerably exceed e;>o, is certainly true." be reported favorably to the House. WILLIAM G. HALPTh'E. HOUSE OF REPRESENTATIVES, Washington, D. 0., May 13, 1878. ' The next bill called up was the bill (H. R. No. 1015) for tho relief DE-\.R Sm: I have been informed that Mr. Forry's pension has been increased to of William G. Hal pine, for losses sustained while set·ving in the Uniteu $50. Is this true 1 Please let me know at your convenience. States "Army in 1862 and 1863, reported with an amenument by .1\lr. -- Respectfully, · · BRAGG, from the Committee on Military Affaire. A. H. HAMILTON. Hon• .To tiN A, BE~'TLEY, The bill w~s read. It authorizes and directs the Secretary of the Oommisswner of Pensions. Treasury to pay to William G. Halpine, out of any money in the

• i878. CONGRESSIONAL REOORD-liOUSE. 4625

Treasury not otherwise appropriated, the sum of $688, in full for Joss PETER SCOUDEN. of baggage and horse while serving in the Army in 1862 and 1863. The next bill called up was the bill (H. R. No. 461) for tho relief The amendment was to strike out "$688" and insert " $588." of Peter Sconden, late a corporal of Company K, Twelfth Indiana Mr. EDEN. That bill does not come within the order. Volunteer Cavalry, a resident of White County, Indiana, reported The CIIAIRMAN. The bill will be passed over. from the Committee on Military Affairs by Mr. CLARK, of Now Jersey. Subsequently the objection was withdrawn, and there being no The bill was read. It authorizes the Secretary of War to gmnt an. further objection the bill was laid aside, to be reported favorably to honorable discharge to Peter Scouden, late a corporalin Company K, the House. Twelfth Indiana Volunteer Cavalry; and provides that the final mus­ JOITN T. NEALE. ter-out roll of said Company K be so changed that it shnJ.l show that Mr. RICE, of Ohio. I ask the committee to go back to page 12 of said Scourlen was honorably discharged from the United States Army; the bill (H. R. No. 1286) grantingreliefto John T.Neale, an employe and that the Pay department be authorized to audit, settle, and pay of the Provost-Marshal-General's department in 1861, for injuries sus­ said Scouden all arrearages of pay and bounty which may be found tained in the line of his duties, reported by Mr. ROBINSON, of Indiana, to be due him. from the Committee on War Claims. There being no objection, the bill was laid aside, to be reported The bill was read. It authorizes and directs the Secretary of the favorably to the House. Treasury to.pay unto John T. Neale, late an employe of Brigadier­ THOMAS BLAIR. General Andrew Porter, provost-marshal of the District of Columbia, The next bill called up was the bill (H. R. No. 4005) for the relief (by whom said John T. Neale was assi~ed to duty as a special de­ of Thomas Blair, Fifteenth United States Infantry, reported from tective police officer, and sustained an rnjury while engaged in said the Committee on Military .Aifairs by Mr. McCooK. . service which resulted in making him a cripple for life,) out of any Mr. EDEN. I submit that that bill does not come within the rule. moneys in the public Treasury not otherwise appropriated, a sum 'l'he CHAIRMAN. The Chair thinks it does not, and it will be equal in amount to that which he would have been entitled to bad passed over. said John T. Neale been an enlisted man in the Army, for a perma­ nent specific disability, to wit, the loss of one leg below the knee­ WILLIAM HINES. joint; and that said amount be computed in a-ccordance with the The next bill called up was the bill (H. R. No. 4007) for the relief present allowance for such disability, to date from the 11th day of of Private William Hines, Company F, Eighteenth United States In­ September, 1861. fantry, who lost his trousers and blanket by fire at Aiken, South Mr. HEWITT, of Alabama. I submit that this is not a bill for a Carolina, reported from the Committee on Military Affairs by Mr. soldier. , McCooK. The CIIAffiMAN. The Chair decides that it is a bill for the relief Mr. BANNING. The gentleman who reported the bill [Mr. Mc- of a soldier who lost a leg in the service. CooK] is not here, and I would like to have the report read. Mr. HEWITT, of Alabama. Then I object. Mr. McCOOK. I am here, and I ask for the reading of the report. Objection having been made, the bill was passed over. The Clerk read the report, as follows : / JOITN ADAMS AND OTHERS. The Committee on Military Affairs, to whom was referred the bill (H. R. No. 4007) for theraliefofPrivate William Hines Company F. Eighteenth United States Mr. OLIVER. I call up a bill which I reported from the Commit­ Infantry, having bad the same under consideration, submit the following report: tee on War Claims, the bill (H. R. No. 4143) for the relief of John The evidence 18 conclusive that Hines was a member of the company and reur weary warriors; aud others have attempted to of James M. Ruby, reported by Mr. BRAGG from the Committee on account for the catastrophe by calling attention to the dangerous habit of soldiers Military Affairs with an amendment in the nature of a substitute. carrying matches in their trousers' pockets. Both of these theories, although The substitute was read, as follows: plausible, are r~ected by your committee; and after patient investigation they are of the opinion that the fire originated in some unaooountable manner. If, as is Be it enacted, &c., That the Secretary of the Treasury of the United States of altogether probable, Hines was recumbent in his tent, the conclusion is almost America is hereby directed and authonzed. to pay James M. Ruby the pay of an irresistible that he had disrobed and placed his blouse and trousers on the conve­ enlisted man from June 28, 1862, inclusive, to August 18 _l.862, and the pay of ser­ nient and useful cracker-box, the progress of the flames from the top of tho tent, #!eant-major from August 18, 1862, inclusive, to the 26th day of August, 1862, aud where they originated, to his soldierly couch, doubtless aroused him from his also the pay of first lieutenant from August 26, 1862, inclusive, to December 2, 1862. reverie or sleep; and while tho evidence is not entirely satisfactory on this point, The amendment was adopted; and there being no objection the your committ-ee are of the opinion that Hines in his zeal to fight the fire and savo Government property lost both trousers aud blanket. bill, as amended, was laid aside, to be reported favorably to the Honse. With thiB view of the case your committee accept the finding of the board of sur. JOHN GAULT, JR. vey and discharge him from responsibility. No specific recommendations appear in their report, but through some misapprehension a gratuitous issue of trousers The next bill called up was the bill (H. R. No. 4287) for the relief and blanket was made to him. As evenm proved, this was a fatal mistake. His of John Gault, jr., late a major of the Twenty-eighth Regiment of commanding officer, misconstruing a mere su~gestion and perhaps unwilling that Kentucky Volunteer Infantry, reported from the Committee on Mili­ Hines should appear before the people of Aiken tronserless, or, concluding that tary Affairs by Mr. nRAGG. the honor and dignity of the United States would be put in jeopardy b~ his appear· Mr. nANNING. This is a soldier's claim, and it is a claim for the ~~~~ in a pair " damaged to their fnll v11lue," made proper has to rehabil- loss of a horse. From this time Hines vanish~ from the scene. How he disported himself in his Mr. EDEN. I object to it. new trousers nowhere appears. Unconsciously he had performed a ~t service to the Army and the country by causing an authoritative decision on a. matter that Mr. nANNING. He lost his horse in the service. had been involved in doubt. The question of a gratuitous issue of clothing is now Mr. MORRISON. I object to the claim of any man who was not in settled, and while Hines may be indifferent to the trouble he baa given captains, the service. 0 Mr. SINNICKSON. I object. :~~~~~~C~ITr:l~hat~e~~fi~tio~ t~fh:~a n~~~Jfe:S~~~o~ ~~~~~~ sers in vain. ELIAS B. BELL. In conclusion your committee desire to call attention to the fact that they have The next bill called up was the bill (H. R. No. 2472) for the relief devoted much time and thought to this case. The papers are voluminous, con­ taining no less than seven distinct indorsements, commencing with a captain and of Elias B. Bell, late private of Company E, Third Regiment West concluding with the Secretary of War, who in a communication to the Speaker of Virginia Cavalry, reported by Mr. BRAGG from the Committee on the House of Representatives asks for the relief of Hines; or, to use his own well­ Military Affairs. chosen words, "reqnests the sanction of Congress for the issue of said clothing to said Hines." . The bill was read. It authorizes and directs the Secretary of War This communication is marked ".A," and made a part of thiB report. to correct the record of Elia.s B. Bell, late private of Company E, It is in no vainglorious spirit that your committee state that whatever delay there Third Regiment West Virginia Cavalry, as to remove the charge of bas been in this matter the blame does not attach to them. · desertion now standing against his name. The trouble with Hines began nearly eighteen months since, and the papers only reached the hands of your committee a few days ago ; and in placing the tinnJ. clo­ There being no objection, the bill was laid aside, to be reported termina.tion of the question with the Representatives of the people, they feel tha,t favorably to the House. they arc discharged from further responsibility. They cannot, how.ovor, dismiss VII--290 4626 OON.GRESSIONAL RECORD-· ROUSE. JUNE 14, the subject without calling attention to the almost perfe~t system of checks and [Seventh indorsement.] guards thrown around the ISsuing of Government property. 'The thoughtless may call it "red tape," or circumlocution, but without it Hines to-day would be in un­ HEADQUARTERS DIVISIO~ 01'1 Tim ATLANTIC, disputed possession of a pair of trousers and a. blanket to which he would have no Ne:w York, Au[JU8t 24, 1877. legal title. As iii is, t.he system has been vindicated, the right of the United States Respectfully forwarded to the Adjutant-General of the Army asking attention to Hines's trousers fnlly established, and his personal and pecuniary responsibility to the ilJ.dorsements of Captain Lloyd, Eighteenth Infantry, and the commanuino­ uetermined. general of the South thereon, (fifth and sixth.) "' Under all the circumstances, your committee recommend the passage of the bill. WINF'D S. HANCOCK, Major-General Commanding. A. ADJUTANT-GENERAL'S OFFICE, WAR DEP ARTIIENT, February B, 1878- Washington Oity, February 25, 1878. To tho SPEAKER Respectfully submitted to the Secretary of War invitin"' attention to the in­ of the House of Representatives: dorsement of Captain Lloyd, Eighteenth infantry, ~f Augu'St 21, 1877, thereon. E. D. TOWNSEND, ·The Secretary of War has the honor to transmit to tho Honse of Representatives Adjutant-Gmwral. a copy of papers in relation to a gr-atnitouR issue of clothing made on the authority of the department commander to Private William Hines, Company F, Eighteenth [Copy of inclosure No.1 to fourth indorsement.) Infantry, to replace certain articles lost by the burning of his tent at Aiken, South Proceedings of a board of survey convened at Abbeville, South Carolina, by virtue Carolina, and respectfully to request the sanction of Congress for the issue of said of the following order : clothing. ABBEVILLE, Sourn CARO~A, October 11, 187G. GEO. W. McCRARY, Secretary of War. [ORDERS NO.3.] A board of survey is hereby ordered to convene at this camp at ten o'clock a. m. MCPHERBON BARRACKS, to-day, or as soon thereafter M practicable, to report upon anrl fix the responsibility Aaanta, Georgia, August 11, 1877. for the loss by fire of one c~mmon tent, the property of the United Sta,tcs, and one woolen blanket and one pall' of trousers, the property of Private William llinos Sm: I have the honor to state that Private William lines, Company F, Eigh­ Company F, Eighteenth Infantry. ' teenth Infantry, suffered a loss of one pair trousers and one woolen blanket by the Detail for the board.-First Lieutenant C. R. Paul Eirrhteenth Infantry Sec. burning of his tent in Aiken, South Carolina. A gratuitous issue was made to him ond Lieutenant F. H. Barnhart, Eighteenth Infantry.' "' ' of these articles on the authority of the department commander on the recommen­ ' T. J". LLOYD, dation of a board of survey. This issue wa.s ilisallowed by the Quartermaster-Gen­ Captain Eighteenth. Infantry, Commanding Detachment. eral, for waht of the approval of the Secretary of War. These articles have accordingly been charged against him on his clothin~ acconnt. ABBEVILLE, S.C., October 11, 1876. I woula respectfully ask authority of the honorable Secretary of War to credit Tho board mot pursuant to the above order. him with the money value of the sa:me. Present: all tho members. Very respectfully, your obedient servant, The board then proceeded to examine into the condition of one common tent THOS. J". LLOYD, the property of tho United States, and for which Captain T . .r. Lloyd Eighteenth Captain Eighteenth Infantry, Commanding Company Ji'. Infantry, is responsible; also one woolen blanket and one pair. trouse;s the prop­ ADJUTANT-GENERAL, U.S. A., erty !3~ Privat~ WiJ.!.iam Hines, Company F, Eighteenth Infantry, an:d find tho Washimgton, D. C. condition of satd articles to be as stated below. One common tent,, damaged beyond repair; one woolen blanket, ilamaged its full [First indorsement.l value, $4.55; one paar of trousers, damaged to their full value, $4.10. .ADJUT.ANT-GEl.'ERAL'S OFFICE, The board find the damages aforesaid were caused by the tent tak'ing fire. The August 14, 1877. board, however, after careful inquiry are unable to obtain any data as to the origin Respectfully returned to the commandinf!officerCompany F, Eighteenthlnfuntry, of tho fire, but it is believed by the board that aa tho fire began at the top of ti.Jo McPherson Barracks, Atlanta, Georgia.., (through headquarters Department of the tent, near the ridge-pole, and in the day-time, that it was accidentaL 1.'he board South,) inviting attention to paragraph 451, Revised Army Regulations of 1863. therefore, is of the opinio~ that no blame should be attached to any person for th~ There is no authority for a gratuitous issue of clothing, except as provided in d~age stated. There bemg no further business before the board, it adjoumed sine General Orders No. 98 Of 1867, and No. 23 of 1868, from this office. du. E. D. TOWNSEND, C. R. PAUL, Adjutant-General. First Lieuienant Eighteenth Infantry, President. [Second indorsement.) FRANK H. BARNHART, Second Lieutenant Eighteenth InfantnJ, Recorder. HEADQUARTERS DEPARTIIENT OF THE SOUTH, Approved. Atlanta, Georgia, August 17, 1877. THOMAS .T. LLOYD, r-espectfully transmitted to the commanding officer Company F, Eighteenth In­ Captain Eighteenth Injantr-y, Commanding Detachment. fantry, through commanding officer Mc~herson Barracks, Atlanta, Georgia. A true copy. Tho recordS at these headquarters do not show that the Department commander c... C. R. PA.UL, authorized any gratuitous issue of clothin~ to Private William Hines, Company F, .l!trst Lieutenant Eighteenth.Lnfantry. Eighteenth Infantry, on the recommendation of a board of survey. The board of [Copy of inclosure No.2 to fourth indorsement.] survey in question made no recommendations whatever, but simply found the facts Tim of the ca~e, and that no blame should be attached to any one. HEADQUARTERS DEPARTMENT OF SOUTH, By command of Colonel Ruger, brevet brigadier-general, United States Army. Atlanta, G-a., October 21, 1876. C. McKEEVER, COMMANDING OFFICER, United States Troops, Abbeville, S. C. : Assistant Adjutant-General. LThrough the chief quartermaster of the department.) [Third indorsement.] Srn : The department commander instructs me to say that the proceedings of the POST OF MCPHERSON BARRACKS, board of survey convened by order No.3, current series, from your heauquarters, Atlanta, Georgia, August 18, 1877. to fix the responsibility for tho loss of certain clothing, camp and garrison, are approved. Respectfully referred to tbe commallding officer Company F, Eighteenth Infan­ Very respectfnlly, your obedient servant, try, with reference to the second indorsement. This paper to be returned with WM. B. ROCHESTER, remark. By order of Captain T. J". Lloyd. PayrruUJtcr United States Ar-my, Acting Assistant Adjutant-General. C. P. PA.UL, [First indorsement.) First Lieutenant Eighteenth. I11.fantnJ, Post-Adjutant. OFFICE CHIEF QUARTERMASTER, DEPARTMENT OF THE SOUTII, [Fourth indorsement.] Aaanta, Goorgia, October 23, 1876. Respectfully forwarded. ATLANTA, GEORGIA, August 21, 1877. JAMES A. EKIN, Respootfnlly returned, with the explanation that the request to make a gratui­ Deputy Quartermaster-General, U. S. A., tous issue was made in the !otter of transmittal of the proceedings of the board of Chief Quarterma-ster, Department of the South, survey. It was my impression that it had been made in an indorsement approving By WM. H. ROCHESTER, and forwarding the proceedings, in which case it would have been a. part of the Paymaster Vnited,.States Army, Assistant Adjutant-General. proceedings, and the letter of October 1:J, 1876, from headquarters Department of A true copy. the South, approving the proceedings of the board, was, by this misapprehension, C. R.P.AUL, taken as authorizing the ~tnitous issue. General Orders No. 23, of 1869, have no First Lieutenant Eighteenth Infantry, Post Adjutant. reference to the issue of clothing. I would respectfully request that these papers [Copy of inclosure No. 3 to fourth indorsement.l be forwarded to the. honorable Secretary of War, with a view to having the case brought to the attention of the proper committee of Congress, in order that Private CAMP DETACIDIR!\o'"T EIGHTEENTH INFANTRY, Bines, Company F, Eighteenth Infantry, may be reimbursed for the loss of one pair Abbeville, S. C;, October 13, 1876. of trousers and one woolen blanket, total money value $8,65. Copy of proceedings AssiSTANT ADJUTANT-GEm;RAL, of board of survey and letter approving same are forwarded herowith. Department of u~e South, Atlanta, Georgia: THOS. J. LLOYD, Sm : I have the honor to forward proceedings of a board of survey, com·ened at Captain Eighteenth. Infantry, Commanding Company F. this camp October 11, 187G, and respectfnlly rc9.uest authority to make a gratuitous [Fifth indorsement.) issue to Private William Hines, Company F, Eighteenth Infantry, of one (1) woolen blanket and one (1) pair trousers to replace those lost by the fire. POST OF MCPHER.SON BARRACKS, Very respectfully, your obedient servant, Aaanta, Ga., August 21, 1877. THOMAS J". LLOYD, Respectftilly forwarded, and attention is invited to fourth indorsement. Captain Eighteenth I'l1fanf:nJ, Commandi'/1{/ DetachTfllmt. THOS. .r. LLOYD, A true copy. Captain Eighteenth. Infantry, Commanding Post, C.R.PA.UL, [Sixth indorsement.) First Lieutenant Eighteenth. Ir~fantry, PotJt Adjutant. HF.ADQUARTERS DEPARTMENT OF THE SOUTH, Mr. MORRISON.- May I inquire who made this report! Atlanta, Ga., AUf]UBt 22, 1877. The CHAIRMAN. The Committee on Military Affairs. Respectfully forwarded to the Adjutant-General of the Army, throu~h headquar-· Mr. TOWNSHEND, of illinois. Is it a unanimous· report' ters division of the Atlantic, and attention requested to the fourth mdorsement Mr. BRAGG. I move as an amendment to that bill that wo contrib­ with reference to the suggestion that Congress be solicited to pass an act author­ ute a quarter of a dollar apiece, and then the object of the bill will be izing the issue of clothiiig. The statement made by Captain Lloyd in letter of August 4, that the issue of clothing referred to in that letter was made on the au­ attained. [Laughter.] thority of the department commander, on the recommendation of a board of sur­ The CHAIRMAN. Objection being ma-de, the bill will be passed vey, was incorrect. No such authoiity was granted by tho de:partment commander. over. IDs explanation of the misapprehension is contained in the fourth indorsement. ANN .AN:I\'1.8. THOS. H. RUGER, ColGnel Eighteenth Infantry, Brevet Brigadier-General, U. S. A., Commandi'l1g. Tho nex~ bill called up was the bill (H. R. No. 1144) for the relief 1878. CONGRESSIONAL RECORD-HOUSE. 4627 of Ann Annis, widow of Harvey Annis, late second lieutenant Com­ A bill (H. R. No.1842) granting apens.ion to Henry Grossmann, la-t:e panyG, Fifty-first Regiment United States Colored Infantry, reported a private in Company G, of the One hundred and forty-fourth Regi­ from the Committee on Military Affairs by Mr. McCooK. ment of Illinois Infantry Volunteers ; The bill was read. It authorizes and directs the Secretary of the A bill (H. R. No. 3196) granting a pension to William H. Garrett, Treasury to pay to Ann Annis, widow of Harvey Annis, late second lat-e private in Company B in the Fifty-sixth Regiment lllinois In­ lieutenant Company G, Fifty-first Regiment of United States Colored fantry Volunteers; Infantry, the sum of $235 for arrears of pay due said Harvey Annis A bill (H. R. No. 592) granting a pension to Martha A. Williamson; aa said second lieutenant, from February 23, 1865, to April 2i, 1865. A bill (H. R. No. 3925) granting a pension to James H. Hayes, pri­ JOSEPH R. PRATT. vate in Company B, Thirty-ninth Regiment, illinois Volunteers; A bill (H. R. No. 4682) granting a pension toAdalineP.Loy, widow The next bill called up was the bill (H. R. No. 1173) for the relief of of Joseph F. Loy, deceased; Joseph R. Pratt, reported by Mr. STRAIT from the Committee on A bill (H. R. No. 4683) granting a pension to Michael O'Brien; Military Affairs. . Mr. STRAIT. I object to that bill. A bill (H. R. No. 4684) granting a pensio~ to Mr~. Catharine Vauph~1 widow of Thomas J. Vaughan, law a pnvate m Company F, rhll'Cl Objection being mn,do, the bill was passed over. Tennessee Mounted Infantry; ALFRED MULLER. A bill (H. R. No. 1636) granting a pension to Jeptha Rubert; The next bill called up was the bill (H. R. No. 1162) for the relief A bill (H. R. No. ~944) granting an increase of pension to Jacob of Alfred Muller, late acting assistant surgeon United State.s Army, Parrott, of Hardin County, Ohio; reported by :Mr. STRAIT from the Committee on Military Affairs. A bill (H. R. No. 4685) granting. a pension to William N. Tannahill; Mr. EDEN. I do not think that bill comes within the rule. A bill (H. R. N"o. 4CX:!6) granting a pension to William J. Baxter; The CHAIRMAN. It relates to the losses of a soldier. A bill (H. R. No. 468i) granting a pension to Georgine Thomas, Mr. EDEN. It is a claim for the destruction of property. widow of General Charles Thomas, deceased; The CHAIRMAN. The Chair thinks that it is a soldier's bill. A bill (H. R. No. 1054) granting a pension to Jefferson Kinder; :Mr. HEWITT, of .Alabama. I object to that bill. A bill (H. R. No. 4688) granting a pension to Theodore Artzt; CHARLES VALIER. A bill (H. R. No. 4689) granting a pension to Thomas R. Cross; A bill (H. R. No. 4691) granting a pension to Hannah Hallam; The next bill called up was the bill (H. R. No. 1210) for the relief A bill (H. R. No. 4692) restoring his pension to Michael McGinty; of Charles Valier, late of Company M, Seventh Regiment of illinois A bill (H. R. No. 4693) granting a pension to David McComb; Cavalry, reported by Mr. EDEN from the Committee on War Claims. A bill (H. R. No. 550) granting a. pension to Mary A. Allen; Mr. EDEN. This is a unanimous report of the committee. A bill (H. R. No. 2126) granting a pension to Anna Vashage; The bill was read. It authorizes the proper accounting officers of A bill (H. R. No. 3362) granting a pension to Nathan A. Winters ; the 'freasnry Department to recognize the military service of Charles A bill (H. R. No. 394) granting a pension to the heirs of Horace A. Valier, late of Company M, Seventh Regiment of lllinois Cavalry, as Chambers; second lieutenant of said company and regiment, and to pay him the A bill (H. R. No. 4694) granting a pension to James Riley, lat-e pri- pay and allowances of a second lieutenant of cavalry from the 20th vate Company D, Fourth Regiment United States Infantry; day of January, 1864, to the 15th day of April, 1865, deducting there­ A bill (H. R. No. 4695) granting a pension to James Buchanan; from the amount received by him as sergeant of said company and A bill (H. R. No. 4696) granting a pension to Cynthia Spradlin; regiment for the time above specified. A bill (H. R. No. 4697) gra.n~g a pension to Phili~ T~oen; . Mr. SHQHCKSON. I call for the reading of the report. A bill (H. R. No. 697) restormg the name of BenJamm Hollings­ Mr. EDEN. The whole case is stated in the bill it-self. worth to the pension-roll; Mr. SINNICKSON. Then I withdraw the call for the reading of A bill (H. R. No. 1045) to place George W. Browning on the pension- ·the report. · roll·1 There being no objection, the bill was laid aside, to be reported A bill (H. R. No. 529) granting a pension to Daniel Middough; favorably to the House. A bill (H. R. No. 2460) granting a pension to George W. Leamy; Mr. HANNA. If the committee now rise and report to the House A bill (H. R. No. 4698) granting a pension to Helen Crabbe; the bills which have been favorably recommended, the House can act A bill (H. R. No. 4699) granting a pension to William H. Edwards; upon them and then proceed ·to the consideration of bills on the A bill (H. R. No. 4700) gran~ng a pens~on to Almira Tinney; . Speaker's table. A bill (H. R. No. 4701) grantmg a pensiOn to George W. Staplrn; The CHAIRMAN. Does the gentleman make that motion f A bill (H. R. No. 837) granting a pension to 'Villiam R. Browne; l\lr. HANNA. I do. I move the committee now rise and report the A bill (H. R. No. 2967) granting a pension to James Moore~nd, bills to the Honse which have been favorably acted upon. late private Company K, Fourteenth Tennessee Volunteers, MexiCan The motion was agreed to, upon a division-ayes 55, noes 24; no war, of Jackson County, Tennessee; further count being called for. A bill (H. R. No. 126) for the relief of James R. Gordon, of Colnm­ The committee accordingly rose; and the Speaker having resumed bia·cross-Roads, Bradford County, Pennsylvania; the chair, Mr. MILLs reported that, pursuant to the order of the House, A bill (H. R. No. 2296) to authorize the Secretary of the Interior to the Committee of the Whole had had under consideration the Private place upon the pension-roll the name of John Ward, late sergeant of Calendar1 and had directed him to report sundry bills to the Honse, Company K, Second Regiment West Virginia Volunteer Cavalry; some witu and some without amendments. A bill (H. R. No. 4702) granting a pension to Catharine Gemmill The SPEAKER. The bills reported with amendments will be first and children ; considered. A bill (H. R. No. 1443) granting a pension to William Gibson; Bll.LS PASSED. A bill (H. R. No. 3397) granting a pension to MaryS. Webster; The following bills, reported frotn the Committee of the Whole A bill (H. R. No. 4703) granting a pension to Wealthy Perkins; with amendments, wer·e then considered, the amendments agreed to, A bill (H. R. No. 3411) granting a pension to George Lawrence; and the bills, as amended, ordered to be engrossed and read a third A bill (H. R. No. 29'27) to restore to the pension-roll the name of time; and they were accordingly read the third time, and passed : Michael S. Corl ; A bill (H. R. No. 2975) granting a pension to William Reynolds, late A bill (H. R. No. 4792) granting a pension to Calvin Halstead; a pri-vate in Company G, Thirteenth Regiment Indiana Volunteers; A bill (H. R. No. 698) granting a pension to Nathan Udell; A bill (H. R. No. 89'2) granting a pension to Oscar B. Knott, late a A bill (H. R. No. 479:{) granting a pension to James Mahew, late private in Company K, One hundretl and sixty-first Regiment Ohio a private in Twenty-third Battery of Indiana Volunteers; - Volunteer Infantry; A bill (H. R. No. 4794) granting a pension to Peter Yarnell, late a A bill (H. R. No. 3150) granting a pension to Joseph Ward; private in Company D, Twelfth West Virginia Voluntee~ A bill (H. R. No. 585) for the relief of Daniel C. Putnam; A bill (H. R. No. 1994) granting a pension to Dennis Mcuinnis; A bill (H. R. No. 521) for the relief of Thomas H. Alexander, of A bill (H. R. No. 892) granting a pension. to Oscar B. ~ott, late_ a Illinois; private of Company K, One hundred and siXty-first Regtment Ohio A bill (H. R. No. 1226) for the relief of A. S. Bloom, late a major in Volunteer Infantry; the Seventh Kentucky Volunteer Infantry; and A bill (H. R. No. 4795) granting a pension to Ann Cornelia Lanman; A bill (H. R. No. 2852) for the relief of James :M. Ruby. A bill (H. R. No. 4796) granting a pension to Joseph Bratton; The following bills, reported from the Committee of the Whole A bill (H. R. No. 3150) granting a pension to Joseph Ward; without amendment, were then considered, ordered to be engrossed A bill (H. R. No. 2858) granting a pension to Herman Netterfield; and read a third time; and they were accordingly rea-d the third time, A bill (H. R. No. 3500) granting a pension to Helena Fechtels; and passed : . A bill (H. R. No. 4967) granting a pension to Calvin E. Pratt, late A bill (H. R. No. 1396) granting a pension to Elizabeth R. Hull; brigadier-general of volunteers; A bill (H. R. No. 3816) granting an increase of pension to :Mary G. A bill (H. R. No. 4!H) granting a pension to Henry Brown, lat-e a Harris; private in Company C, One hundred and twenty-third Regiment illi­ A bill (H. R. No. 4680) granting a pension to RobertP. Walker, late nois Volunteers; private Company H, Ninety-fourth Regiment Ohio Volunteer In­ A bill (H. R. No. 3676) for the relief of Benjamin Sanders; fantry; A bill (H. R. No. 648) for the relief of Asa Morse, of Stanton, :rtfich­ A bill (H. R. No. 3266) granting a pension to Dalton Hinchman, late igan; a private in Company G, Second Michigan Calvary; A bill (H. R. No. 309) for the relief of Andrew F. Higgins, of Brown A bill (II. R. No. 4681) granting a pension to .Joseph Odell, ]ate pri­ County, Ohio; . . . . vate Company I, Sixty-fifth Regiment Indiana 'Volunteer Infantry; A bill (H. R. No. 4968) grantmg a pens10n to Patrick Clackin; 4628 CONGRESSION.A.L RECORD-HOUSEo JUNE 14,

A bill (H. R. No. 1843) granting n. pension to Lucinda Barrett, widow tenant of volunteers in the war of the rebellion from any moneys in of Thomas S. Barrett, late a private in Company 1\I of the Sixth Illi­ the Treasury nqt otherwise appropriated, from the 20th day of Octo­ nois Cavalry; ber, 1865, until June 12, 1866, after deducting therefrom the pay he A bill (H. R. No. 2826) granting a pension to John H. Ferrell, late received as sergeant of said company. a pilot on the Unit-ed States steamer Moose, in the Mississippi squadron; The bill was ordered to be engrossed and read a third time ; and A bill (II. R. No. 4970) granting a pension to John H. McBrnyer; being engrossed, it was accordingly read the third time, and passed. A bill (H. R. No. 4971) granting a pension to Mary Frazee; Mr. KEIFER moved to reconsider the vote by which the bill was A bill (H. R. No.2767) grantingapension to JolmM.Stnter, bugler passed; and also moved to lay the motion to reconsider on the table. of Company I, Fourth Regiment Ohio Volunteer Cavalry; The latter motion was agreed to. A bill (H. R. No. 4972) restoring the name of Mary J. Stover to the pension-roll; SPEAKER'S TABLE. A bill (H. R. No. 4973) granting a pension to Frank Snyder, late The SPEAKER. The Chair now presents private pension bills private Company B, McLaughlin's Squadron, Ohio Cavalry; from the Senate on the Speaker's table for action, under the order of A bill (H. R. No. 2544) granting a pension to Melissa Wagner, the House made this morning. . widow of Jacob F. Wagner, late private in Company B, Sixty-seventh Mr. RICE, of Ohio. Are they for consideration or reference 'f Pennsylvania Volunteers; The SPEAKER. Of c_onrse, if the point of Qrder is mado against A bill (H. R. No. 3598) granting a pension to Alice B. Munroe; them they will have to be referred. A bill (H. R. No. 397R), granting a pension to James Johnston; Mr. RICE, of Ohio. I ask that the bills be taken up in regular A bill (H. R. No. 846) for the relief of Thomas C. Young, late pri- order, and I will indicate the bills which have been considered by the vate of Cowpany F, Thirty-ninth Ohio Infantry; Committee on Invalid Pensions, and those bills I will ask be put A bill (H. R. No. 4494) granting a pension to John Grubbins; upon their passage at this time. A bill (H. R. No. 3408) granting a pension to Samuel V. Adams; The SPEAKER. The bills will be taken up in their regular order, A bill"(H. R. No. 2489) granting a pension to John Gavin, Sixteenth and the gentleman can state, as he suggests, which bills have been New York Cavalry; · considered by the Committee on Invalid Pensions and reported favor­ A bill (H. R. No. 4979) granting a pension to George Quarrel, late ably and which bills have not been considered, so that they may be a private in Company H, Fourth New York Volunteers; referred to that committee. A bill (H. R. No. 4980) granting a pension to John Dillinger, late a A. G. EGE. private Fifth Regiment United States Artillery; The first pension case upon the Speaker's table from the Senate waa A bill (H. R. No. 711) granting a pension to JohnS. Corlett; the bill (S. No. 362) granting a pension to A. G. Ege; which was read A bill (H. R. No. 754) granting a pension to Jamel!l W. Crowley; a first and second time. · A bill (H. R. No. 4982) granting a pension to Valeria C. Penrose; Mr. HEWITT, of Alabama. That bill should be referred to tho A bill (H. R. No. 4983) granting a pension to Sarah H. Bradford; Committee on Invalid Pensions. It should be inquired int() before A bill (H. R. No. 4984) granting a pension to John L. Taylor; · we pass it. A bill (H. R. No. 4985) granting a pension to George Denney; The SPEAKER. Does the gentleman make that motion Y A bill (H. R. No. 4986) granting a pension to H. Louise Gates; and Mr. HEWITT, of Alabama. I do. A bill (H. R. No. 4987) granting a pension to James H. Cook. The bill wa.s referred to the Committee on Invalid Pensions. Mr. RICE, of Ohio, moved to reconsider the vote by which the 1 various bills had been passed; and also moved that the motion to JAMES M DONALD. reconsider be laid on the table. The next pension ca.se upon the Speaker's table from the Senate wa.s The latter motion was agreed to. the bill (S. No. 526) granting a pension to James McDonald; which Senate bills of the following titles, reported from the Committee of was read a first and second time. . • the Whole with a favorable recommendation, were severaly taken up, Mr. HEWITT, of Alabama. I make the same motion in reference ordered to a third reading, read the third time, and passed: to that bill, as it does not seem to have been considered by any com­ A bill (S. No. 547) granting a pension to Caroline M. Egbert; mittee of this House. I move its reference to the Committee on A bill (S. No. 686) granting a pension to Mary Emma Baptist and Invalid Pensions. Daisy Baptist, minor child; The motion was agreed to. A bill (S. No. 704) granting a pension to Grace Aikins; SARAH COOVEY. A bill (S. No. 871) granting a pension to William Emerson; A bill (S. No. 712) granting a pension to William Loudon; The SPEAKER. The titles of the bills will be read by the Clerk, A bill (S. No. 76) granting a pension to Mary Ann McFarland; and as they are read gentlemen can suggest what action shall be taken A bill (S. No. 221) granting a pension to Mary Kirby Smith Eaton in reference to them. during her widowhood; and The Clerk read as follows: A bill (S. No. 535) granting an increase of pension to Theodore A bill (S. No. 744) granti?g a pension to Sarah Coovey. Gardner. . Mr. RICE, of Ohio. That bill, Mr. Speaker, ha.s been considered by The following House bills for the relief of soldiers, reported from the Committee on Invalid Pensions and favorably acted on, and I the Committee of the Whole with a favorable recommendation, were therefore move that it be put upon its passage at this time. severally taken. up, ordered to be engrossed for a third reading, read Mr. HEWITT, of Alabama. Does the gentleman state this bill has the third time, and passed : · been examined by the committee. A bill (H. R. No. 461) for the relief of Peter Sconden, late a cor­ Mr. RICE, of Ohio. It has been examined by the Committee on poral of Company K, Twelfth Indiana Volunteer Cavalry, a resident Invalid Pensions and favorably acted on. · of White County, Indiana; The bill was read a first and second time, ordered to a third read­ A bill (H. R. No.l144)for the relief of AnnAnnis, widow of Harvey ing, read the third time, and passed. Annis, late second lieutenant Company G, Fifty-first Regiment United . States Colored Infantry ; JAMES C. DOWNER• A bill (H. R. No. 1209) for the relief of the. legal representatives of The Clerk read as follows : John W. Gall, deceased, late of Company A, One Hundred and Thir­ A bill (S. No. 849) granting a pension to James C. Downer. tieth Regiment Illinois Volunteers; Mr. RICE, of Ohio. That bill also, Mr. Speaker, has been examined A bill (H. R. No. 1210) for the relief of Charles Valier, late of Com­ by the Committee on Invalid Pensions. It is for the relief of a poor pany M, Seventh Regiment of illinois Cavalry ; old blind man, and I hope it will be passed at once. A bill (H. R. No. 2374) for the relief of William Mills; The bill was read' a first and second time, ordered to a third read­ A bill (H. R. No. 2472) for the relief of Elias B. Bell, late private of ing, read the third time, and passed. Company E, Third Regiment West Virginia Cavalry; A bill (H. R. No. 4287) for the relief of John Gault,jr., late a major BILLS REFERRED. of the Twenty-eighth Regiment of Kentucky Volunteer Infantry; Senate bills of the following titles were taken from the Speaker's A bill (H. R. No. 4288) for the relief of Henry Beckman; and table, severally read a first and second time, and referred to the Com­ A bill (H. R. No. 4289) for the relief of Thomas W. Segar.· mittee on Invalid Pensions: A bill (S. No. 852) granting a pension to Mary E. Pauley; MOSES F. CARLETON. A bill (S. No. 932) granting a pension to Cornelius LeRoy; 1\fr. CONGER. I ask unanimous consent that the gentleman from A bill (S. No. 962) granting a pension to William Criddle; Ohio [Mr. KEIFER] be permitted to report from the Committee on A bill (S. No. 969) granting a pension to Mrs. A. E. Belrichards; War Claims a bill similar in character to those that have just been A bill (S. No. 996) granting a pension to Edmund Woorr; acted on. A bill (S. No. 1040) granting a pension to Richard Middleton; There being no objection, A bill (S. No. 1163) granting a pension to Mary E. Parker; Mr. KEIFER, from the Committee on War Claims, reported back, A biJl (S. No. 1164) granting a pension to David Dimmick; with a favorable recommendation, the bill (H. R. No. 635) for the A bill (S. No. 1188) granting a pension to Harmon Vaun; relief of Moses F. Carleton, late second lieutenant of Company I, A bill (S. No. 1189) granting a pension to Ellen Devlin; Fourth Michigan Infantry Volunteers. A bill (S. No. 971) granting a pension to William Leibig; Tho bill was read. It directs that there be paid to Moses F. Carle­ A bill (S. No. 1309) granting an increase of pension to Isabella H. ton, of Saint. Clair, 1\Iichigan, late second lieutenant of Company I, Silvey; and Fourth Michigan Infantry Volunteers, the regular pay of second lieu- A bill (S. No. 1310) granting a pension to Edmund H . Nims. 1878. CONGRESfSIONAL RECORD-HOUSE. 4629

1\IARY M7ADAMS. Mr. BRAGG moved to reconsider the votes by which the bill and The next business on the Speaker's table was the bill (S. No. 1165) petitions were laid on the table; and also moved that the motion granting a pension to Mary McAdams; which was read a first and to reconsider be laid upon the table. second time. The latter motion was agreed to. Mr. RICE, of Ohio. That bill has been considered by the Commit­ ?lffiS. ELIZA II. FRAILEY. tee on Invalid Pensions, and I ask that it be put on its pa-ssage. Mr. HEWITT, of Alabama. Did the committee act upon the bill Mr. HEWITT, of Alabama. I move that the Committee of the favorably f Whole be dischar~ed from the further consideration of the bill (H. Mr. RICE, of Ohio. The committee reported favorably on this case. R. No. 4975) grantmg an increa-se of pension to Mrs. Eliza H. Frailey, The bill was ordered to a third reading; and it was accordingly read in order that the bill may now be put upon its passage. In Com­ the third time, aud passed. mittee of the Whole I objected to this bill. I now withdraw the objection. CAPTAIN JAME.S M. BEEBER. The motion was agreed to; and the bill was ordered to be eno-rossed On motion of Mr. RICE, of Ohio, the bill (S. No. 19) for the relief and read a third time; and being engrossed, it was accordingly read of Captain James M. Beeber was taken from the Speaker's table, read the third time, and passed. a first and second time, and referred to the Committee on Invalid Mr. RICE, of Ohio, moved to reconsider the vote by which the bill Pensions. was passed; and also moved that the motion to reconsider be laid on JOHN G. MERRITT. the table. On motion of Mr. RICE, of Ohio, the bill (S. No. 1332) granting a The latter motion was agreed to. pension to John G. Merritt was taken from the Speaker's table, read ALFRED MULLER. three times, and passed. Mr. HEWITT, of Alabama. I also move to discharge the Commit­ JOHN M. LORD. tee of the Whole from the further consideration of the bill (H. R. No. On motion of Mr. RICE, of Ohio, the bill (S. No.1029) for the relief 1162) for the relief of Alfred Muller, late acting assistant surgeon of John ;M. Lord was taken from the Speaker's table and read a first United States Army. and second time. The motion was agreed to ; and the bill was ordered to be engrossed Mr. HANNA. That bill ought to pass. I know the facts. and read a third time; and being engrossed, it was accordingly read The bill was ordered to be read a third time; and it was accordingly the third time, and passed. read the third time, and passed. Mr. HEWITT, of Alabama, moved to reconsider the vote by which Mr. RICE, of Ohio, moved to reconsider the various votes by which the bill was passed; and also moved that the motion to-reconsider be the bills taken from the Speaker's table had been passed; and also laid on the table. . moved that the motion to reconsider be laid on the table. The latter motion was agreed to. The latter motion was agreed to. ANN HENSLEY. DJ\1\~L H. KELLY. :Mr. DIBRELL, from the Committee on Military Affairs, reported Mr. RICE, of Ohio,from the Committee on Invalid Pensions, reported back, with a favorable recommendation, the bill (S. No. 394) to place back with a favorable recommendation the bill (H. R. No. 1913) to the name of Daniel H. Kelly upon the muster-roll of Company F, Sec­ amend an act granting a pension to Ann Hensley, approved March 3, ond Tennessee Infantry. 1873. The question was on ordering the bill to be read a third time. The bill was read. It provides that tho act approved March 3, 1873, Mr. DIBRE.LL. This is the unanimous report of the Committee granting a·pension to "Ann Hensley, mother of William Hensley, late on Military Affairs. a sergeant of the First Provisional Regiment of Missouri Volunteers," The bill was ordered to be read a third time ; it was accordingly shall read, "Ann Hensley, mother of William Hensley, late a sergeant read the third time, and passed. in Company C, First Provisional Regiment Enrolled Missouri Militia." Mr. DIBRELL moved to reconsider the vote by which the bill was The bill was ordered to be engrossed and read a third time; and passed ; and also moved that the motion to reconsider be laid on the being engrossed, it was accordingly read the third time, and passed. table. ANNIE W. OSBO!Th"E. The latter motion was agreed to. Mr. RICE, of Ohio, also frotn the Committee on Invalid Pensions, T, B. KELLY. reported back with a favorable recommendation the bill (H. R. No. :Mr. BRAGG, from the Committee on Military Affairs, reported back, 3012) granting a pension to Annie W. Osborne, widow of John W. with a favorable recommendation, the bill (S. No. 1068) for the relief Osborne, late hospital steward United States Army; which was re­ of T. B. Kelly. ferred to the Committee of the Whole on the Private Calendar, and The bill was ordered to be read a third time ; and it was accordingly the accompanying report ordered to be printed. read the third time, and passed. EMILY IIUGHES. JOHN H. AND ROBERT F. SHUGART. Mr. RAINEY, from the Committee on Invalid Pensions, reported Mr. BRAGG also, from the same committee, reported back, with a back, with a recommendation that it do pass, the bill.(S. No. 1206) favorable recommendation, the bill (H. R. No. 2982) for the relief of granting a pension to Emily Hughes, alias Burch. John H. Shugart and Robert F. Shugart; and the same was referred The bill was ordered to be read a third time; and it was accordingly to the Committee of the Whole on the Private Calendar, and the ac­ read the third time, and passed. companying report ordered to be printed. Mr. RAINEY moved to reconsider the vote by which the bill was pa-ssed ; and also moved that the motion to reconsider be laid on the HEIRS OF EPHRAL'l J. AMMONS. table. Mr. BRAGG also, from the same committee, reported back, with a The latter motion was agreed to. favorable recommendation, the bill (H. R. No. 2005) for the relief of the heirs of Ephraim J. Ammons; and the same was referred to the JOHN BYCEL. Committee of the Whole on the Private Calendar, and the a.ccom­ Mr. RAINEY also, from the same committee, reported back, with panying report ordered to be printed. a recommendation that it do pass, the bill (H. R. No. 2909) authoriz­ ing the Secretary of the Interior to place upon the pension-roll the WESLEY HENSLEY. name of John Bycel, late private in Company H, Sixth Regiment Mr. BRAGG also, from the same committee, reported back, with a Ohio Volunteer Cavalry. , favorable recommendation, the bill (H. R. No. 2006) for the relief of The bill was ordered to be engrossed and read a third time; and it W es1ey Hensley; and the same waii referred to the Committee of the was accordingly read the third time, and passed. Whole on the Private Calendar, and the accompanying report ordered Mr. RAINEY moved to reconsider the vote by which the bill was to be printed. passed ; and also moved that the motion to reconsider be laid on the ADVERSE REPORTS. table. Mr. BRAGG also, from the same committee reported back, with The latter motion was agreed to. adverse recommendations, the following bill and petitions; and the CARL JUSSEN. same were severally laid on the table, and the accompanying reports ordered be printed. - Mr. STRAIT, from theCommitteeonMilitary Affairs, reported back, to with a recommendation that it do pass, the bill (H. R. No. 2303) for The bill (H. R. No. 2823) to authorize the restoration of John W. the relief of Carl Jussen. Chickenny to the rank of first lieutenant; The bill was ordered to be engrossed and read a third time ; and it The petition of Moses J. Kelly, post-chaplain United States Army, was accordingly read the third time, and passed. for relief; 1\fr. STRAIT moved to reconsider the vote by which the bill was The petition of Thompson P. McCoy, late private Sixth Ohio Cav­ passed; and also moved that the motion to reconsider be laid on the alry, praying to be relieved from the sentence of a court-martial; table. The petition of. Charles S. Roberts, first lieutenant Seventeenth The latter motion was agreed to. Infan~y; Tho petition of John C. McConnell, claiming $7,261 for services WILLIAM H. SPEAR. rendered by him in recruiting three hundred men from the State of Mr. STRAIT also, from the same committee, reported back, with a Massachusetts to serve in a Maryland regiment; and recommendation that it do pass, the bill (H. R. No. 594) for the relief The petition of Captain D. C. Stone, of lllinois. of William H. Spear, late assistant-surgeon United States Army. 4630 CONGRESSIONAL RECORD-HOUSE. JUNE 14,

The bill was ordered to be engrossed and read a third time; and it No. 1800) for the relief of the sureties of Samuel M. Reynolds, late ad­ was accordingly read the third time, and passed. ditional paymaster of United States volunteers; which wu,s referred Mr. STRAIT moved to reconsider the vote by which the bill was to the Committ-ee of the Whole on the Private Calendar, aud tho ac­ passed; and also moved t·hat the motion to reconsider be laid on the companying report ordered to be printed. table. llEIRS OF WILLIAM :r.I. LANDRETH. The latter motion was agreed to. Mr. DIBRELL, from the Committee on Military Affairs, reported WI.LLIAM H. BALDWIN. back, with a recommendation that it do pass, the bill (II. R. No. 3465) Mr. STRAIT also, from the same committee, reported back, with a for the relief of the heirs of William M. Landreth. recommendation that it do pass, the bill (H. R. No. 4190) for the The bill was ordered to be engrossed and read. a third time; and it relief of William H. Bald win, with an amendment. was accordingly read the third time, and passed. The amendment wa~ read, as follows: Mr. DIBRELL moved to reconsider the vote by which the bill Insert in each place in the bill where the words occur between the words was passed; and also moved that the motion to reconsider be laid ••wnlirun'' and ''Baldwin" the letter "H;" so as to make it read "William rr. n. on the table. Baldwin." The latter motion was agreed to. The amend,ment was agreed to. The bill, as amended, was ordered to be engrossed and read a third ROBERT C. WALKER. time; and being engrossed, it was accordingly read the third time, Mr. DIBRELL also, from the same committee, reported back, with a and passed. . favorable recommendation, the bill (H. R. No. 2441) for the relief of Mr. STRAIT. moved to reconsider the vote by which the bill was Robert C. Walker; which was ordered to be engrossed and read a passed; and also moved to lay the motion to reconsider on the table. third time; and it was accordingly read the third timo, and passed. The latter motion was agreed to. DAVID W. STOCKSTILL. JAMES H. liTLE. lir. DIBRELL also, from the same committee, reported back, with an Mr. STRAIT also, from the same committee, reported back, with a amendment, the bill (H. R. No. 2'284) for the relief of David W. Stock­ recommendation that it pass, the bill (H. R. No. 556) for the relief of still, of Sidney, Ohio. James H. Hile, of Lewis County, :Missouri. The amendment was to strike out the words " with interest from The bill was ordered to be engrossed and read a third time; and it date of payment." was accordingly read the third time, and passed. The amendment was agreed to; and the bill, as amended, was or­ Mr. STRAIT moved to reconsider the vote by which the bill was dered to be engrossed and read a third time ; and it was accordingly passed; apd also moved that the motion to reconsider be laid on the read the third time, and passed. table. A.i."''DERSON n. GOSE. The latter motion was agreed to. Mr. DIBRELL also, from tho same committee, reported back, with a W. L. UMBLES AND G. W. FREl\IONT. favorable recommendation, the bill (H. R. No. 3338) for the relief of Mr. CLARK, of New Jersey, from the Committ-ee on Military Af­ Anderson B. Gose, of Morgan County, Kentucky, late private Com­ fairs, made an adverse report on the petition of William L. Umbles pany B, Twenty-fourth Regiment Kentucky Infantry Volunteers; and George 'N. Fremont, late non-commissioned officers of the Tenth which was ordered to be engrossed and read a third time; and it was Cavalry, praying that the finding and sontence of the court-martial accordingly read the third time, and passed. by which they were degraded, be subject to a review before a com­ JA.l.'f:ES A. PRICE. mittee of Congress; which was laid on the table, and the accom­ Mr. DIBRELL also, from the same committee, reported back, with a panying report ordered to be printed. favorable recommendation, the bill (H. R. No. 2353) for the relief of HENRY SIMONS. James A. Price, late second lieutenant and recruiting officer Sixteenth Mr. CLARK, of New Jersey, also, from the same committee, re­ Kansas Cavalry Volunteers; which was ordered to be engrossed and ported back, with a recommendation that it do pass, the bill (H. R. read a third time; and it was accorclingly read the third time, and No. 696) for the relief of Henry Simons, late a private Company D, passed. Fourth Regiment Iowa Infantry Volunteers. WILLIAM BOWLIN. The bill was ordered to be engrossed and read a third time; and Mr. DIBRELL also, from the same committee, reported back, with a it was accordingly read the third time, and passed. favorable recommendation, the bill (S. No. 334) for the relief of \Vill­ Mr. CLARK, of New Jersey, moved to reconsider the vote by which iam Bowlin, late of Company L, Second Arkansas Cavalry; which the bill was passed; and also movod that the motion to reconsider be was ordered to a third reading, read the third time, and passed. laid on the table. MISSOURI CAVALRY VOLUNTEERS. The latter motion was agreed to. · Mr. DIBRELL also, from the same committee, reported back, with a AMOS B. FERGUSON. favorable recommendation, the bill (H. R. No. 1590) for the 1·elief of 1\Ir. McCOOK, fro~the same committee, reported back, with the the Fifteenth and Sixteenth Missouri Cavalry Volunteers; which was recommendation that it do pass, the bill (S. No. 27) for the relief of referred to the Committee of the Whole on the Private Calendar, and Amos B. Ferguson. the accompanying report ordered to be printed. The bill was ordered to a third reading ; and was accordingly read ADVERSE REPORTS. the third time, and passed. Mr. DIBRELL also, from the same committee, reported adverse]y Mr. McCOOK moved to reconsider the vote by which the bill was upon: the following; which were laid upon tho table, and the accom­ passed; and also moved that the motion to reconsider be laid on the panying reports ordered to be printed: table. A bill (H. R. No. 925) for the relief of Charles G. Somers, late second The latter motion was agreed to. lieutenant Seventy-first Regiment New York Volunteers; PAYMENT FOR LOSS OF HORSES. A bill (H. R. No. 1643) for the relief of Charles G. Somers, of New lir. BANNING. I move that the Committee of the Whole be dis­ York; charged from the further consideration of the bill (H. R. No. 2443) A bill (H. R. No. 1961) for the relief of Wesley Wood; for the relief of citizens of Montana who served with the United A bill (H. R. No. 2505) for the relief of Francis Armstrong; States troops in the war with the Nez Perces, and for the relief for A bill (H. R. No. 3753) for the relief of certain officers and soldiers the loss of horses, such as were killed in such service, and that the of the Ninth Regiment United States Infantry; and same be passed. A communication from the chief clerk of the War Department, The motion was agreed to. transmitting the petition of J. E. Quentin·for correction of his record The bill was ordered to be engrossed and read a third time; and it in the volunteer service. was accordingly read the third time, and passed. llENRY II. NEFF. Mr. BANNING moved to reconsider the vote by which the bill was Mr. KEIFER. I a.sk unanimous consent to report from the Com­ passed ; and also moved to lay the motion to reconsider on the table. mittee on War Claims a. substitute for the bill (H. R. No. 3644) for the The latter motion was agreed to. relief of Henry II. Neff, of Winchester, Indiana. It is a unanimous Al'ITDREW A VERY. report of the committee. The SPEAKER. The bill will be read, after which objections will Mr. WHITE, of Pennsylvania, from the Committee on Military be in order. Affairs, reported back, with a recommendation that it do pass, the bill The bill directs the Secretary of the Treasury to pay to Henry H. (H. R. No. 440) for the relief of Andrew Avery. Neff, late captain Company G, One hundred and twenty-fourth Regi­ The bill was ordered to be engrossed and read a third time; and it ment Indiana Volunteer Infantry, a sum equal to the pay and allow­ was accordingly read the third time, and passed. ances of a captain of volunteer infantry at the rate then allowed by Mr. WHITE, of Pennsylvania, moved to reconsider the vote by law for services in the Army as such captain, from December 15, 1863, which the bill wa~ passed; and also moved to lay the motion to to March 19, 1864. reconsider on the table. ' There being no objection, the bill (H. R. No. 5205) was received, The latter motion was agreed to. rea{} a first and second time, ordered to be engrossed and read a third SAMUEL :M:. REYNOLDS. time; and it was accorflingly read the third time, and passed. Mr. WHITE, of Pennsylvania, also, from the same committee, re­ Mr. CONGER. I move to reconsider all the various votes to-night; ported back, with a recommendation that it do pass, the bill (II. R. and I also move to lay the motion to reconsider on the table. . . 1878. CONGRESSIONAL RECORD-HOUSE. 4631

The latter motion was agreed to. 4102) to provide for the relief of persons in the county of Taos, New ESTHER E. J,A WRENCE. Mexico. . The bill was read. Mr. RICE, of Ohio, by unanimous consent, from the Committee on Objection being made by :Mr. ELLSWORTH, the bill was passed over. Invalid Pensions, reported a bill (H. R. No. 5206) granting a pension to Esther E. Lawrence; which was read three several times and POTTAWATOMIE INDIANS. p~ed. The next business on the Private Calendar was the bill (H. R. No. JOHN T. NEALE. 316) to carry into effect the tenth article of the treaty with the Pot­ Mr. RICE, of .Ohio. While in Committee of the Whole to-night tawatomie Indians of February Z7, 1867. objection was made to the consideration of the bill (H. R. No. 1286) The bill was read. ' granting relief to John T. Neale, an employe, of the Provost-Marshal­ Objection being made by Mr. LocKwooD, the bill was passed over. General's department in 1861, for injuries received in the line of his PATRICK P. MANION. ' duty. That objection is now withdrawn, and I therefore ask unani­ The next business on the Private Calendar was the bill (H. R. No. mous consent that the Committee of the Whole be discharged from 4132) for the relief of Patrick P. Manion, of Saint Louis, Missouri. the further consideration of that bill, and that it be now considered The bill was read. It directs the Secretary of the Treasury to re­ and passed by the House. ceive $5 as a full settlement with Patrick P. Manion, of Saint Louis, There being no objection, tho Committee of the Whole was dis­ Missouri, of all claim of the United States against him upon the two charged from the further consideration of the bill, and the same was judgments rendered in its favor, in cases numbered Z"/48 and Z"/50, in ordered to be engrossed and read a third time; and it was accordingly the district court of the United States for tbe eastern district of read the third time, and passed. Missouri ; said sum to be in full of all claims against him upon the ORDER OF BUSINESS. judgments or bonds described in said cases. Mr. MILLS. I now move that the Honse resolve itself into Com­ There being no objection, the bill was laid aside to be reported mittee of the Whole on the Private Calendar. favorably to the House. The motion was agreed to. WILLIAM B. ISAACS & CO. The House accordingly resolved itself into Committee of the Whole, The next business on the Private Calendar was the joint resolution (Mr. MILLs in the chair.) (H. R. No. 145) for the relief of William B. Isaacs & Co. The CHAIRMAN. The House is in Committee of the Whole for The joint resolution was read. the purpose of considering the Private Calendar as on objection day, Objection being made by Mr. HANN~, the bill was passed over. and the business on the Calendar will be resumed where it was left off on the last objection day. E. A. WILLIAMS. Mr. DUNNELL. Wa~ it not understood that we should begin at The next business on the Private Calender was the bill (ll. R. No. . the beginning of the Calendar! 1875) for the relie.f of E. A. Williams . The CHAIRMAN. I made that motion in the House, but it was The bill wa~ read. It directs the Secretary of the Treasury to pay objected to. If there be no objection, the call will commence at the E. A. Williams, of Bismarck, in the Territory of Dakota, the sum of beginning of the Calendar. $160, out of any money in the Treasury not otherwise appropriated, Mr. CONGER. I raise the point of order that the committee cannot in full satisfaction for his services as assistant United States district change the order of the House. attorney in said Territory. The CHAIRMAN. Then the call will begin where it was left off There being no objection, the bill was laid. aside to be reported on last objection day. favorably to the House. HE~'"RY GEE. CHARLES A. PE.RRY & CO. The first business on the Calendar not objected to was the bill (H. The next business on the Private Calendar was the bill (H. R. No. R. No. 3623) for the relief of Henry Gee, reported from the Commit­ 4133) to authorize the Court of Claims to hear and de'SerJnine the tee on Public Lands by Mr. SMITH, of Georgia. case of Charles A. Perry & Co. The bill authorizes Henry Gee, of Florida, or his legal representa.­ The bill was read. tives, to relocate the special certificate issued to him on any public Objection being made by Mr. ELLSWORTH, the bill was passed over. lands in the State of Florida, any law to the contrary notwithstand­ WILLIAM BATTERSBY. ing. The amendment was to add to the bill the words "subject to home­ The next business on the Private Calendar was the bill (H. R. No. stead and pre-emption entry." 41:W) for the relief of William Battersby. The amendment was agreed to ; and the bill, as amended, was laid The bill was read. aside, to be reported favorably to the House. Objection being made by Mr. BRAGG, the bill was passed over. KINSEY B. CECIL. SCHOONER DON PEDRO. The next Jmsiness on the Private Calendar was the bill (H. R. No. The next business on the Private Calendar was the bill (H. R. No. G64) to confirm the title to certain lands in Platte County, :Missouri, 2518) granting jurisdiction and authority to the Court of Claims in and authorize patents to be issued therefor to Kinsey B. CeciL the case of the schooner Don Pedro. The bill was read, as follows : The bill was read. It provides that the claim or claims of the legal Whereas Georj!;e Smith did, on the 9th day of April, A. D. 1862 make entry at or equitable owners or claimants of the schooner Don Pedro, her the United States land office at Boonville, in the State of .Missoun,1 of the follow­ cargo, freight, and personal effects contained in her, alleged to have ing described land situated in the county of Platte, in said State of .Missouri, to been damaged, injured, and sunk by collision with the United States wit the northeast fractional quart-er and the southeast fractional quarter, (west of revenue-cutter U. S. Grant, on or about the 18th day of July, 1877, Boo Creek,) 6ection 31, township 53, range 35, containing 19.52 acres, per cash cer­ tificate nnmbored 383713, dated April 9, 1862 ; and be referred to the Court of Claims, with jurisdiction and authority to Whereas Joseph Meyer did, on the said 9th day of April, 1862, make entry at hear and determine the same to judgment, with right of appeal, as in the said United States land office at Boonville, Missouri, of the following described other cases; but no suit is to be brought under the provisions of this land, to wit, the northwest fractional quarter of the northeast fractional quarter, act after six months from the date of the passage thereof. (west of Bee Creek,) section 31, township 5.1, range 35, containing 1.73 acres, per cash certificate numbered 38377, dated April9, A. D. 1862; and • There being no objection, the bill was laid aside, to be reported Whereas the purchase-money for said fractions of land is still retained by the favorably to the House. Go>ernment of the United States, and said lands ha.ve long since passed into the hands of innocent purchasers, who ha>e occupied the same, paid taxes, and made JOSEPH R. SHANNO~. valuable improvements thereon, having had no notice that aaiu entries had boon The next business on the Private Calendar was the bill•(H. R. No. canceleu until recently: Therefore, 4135) for the relief of Joseph R. Shannon. Be. it enacted by the Senate and House of Representatives of the United States of A Tnerica in 00'Tigress assembled, That the above-described entries be, and the same The bill was read. are confirmed; and that patents are hereby authorized to be issued for said de­ Objection being made by Mr. BREWER, the bill was passed over. son1 bed lands to Kinsey B. Cecil, the assignee of said George Smith and Joseph LUCIE A. JAMESON. Meyer. There being no objection, the bill was laid aside to be reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 4136) for the relief of Lucie A. Jameson, of Shelby County, Tennes- JOHN R. NICHOLS. see. The bill was read. The next business on the Private Calendar was the bill (H. R. No. Objection being made by Mr. BRAGG, the bill was passed over. 246) for the relief of John R. Nichols, late postmaster at Athens, Georgia. E. P. M7NEAL. The bill was read. It requires the Secretary of the Treasury to • The next business on the Private Calendar was the bill (H. R. No. pay to John R. Nichols, late postmaster at Athens, Georgia, $82, being 4137) for the relief of E. P. McNeal, of Hardeman County, Tennessee. the amount transmitted by him from .Athens to Atlanta, belonging The bill was read. to the post-office money-order fond, which was destroyed by the burn- · Objection being mad~ by Mr. BRAGG, the bill was passed over. ing of the cars on the Georgia Railroad on the 24th day of JuJy, 1877. JOHN f. STRATTON AND OTHERS. There being no objection, the bill was ordered to be laid aside to The next business on the Private Calendar was the bill (H. R. No. bo reported favorably to the House. 4138) for the relief of John T. Stratton, Edgar McDavitt, and Samuel COUNTY OF TAOS, NEW MEXICO. H. Dnnscomb, of the city of Memphis. The next business on the Private Calendar was the bill (H. R. No. The bill waa read. CONGRESSIONAL RECORD-SENATE. JUNE 15,

Objection being made by Mr. BRAGG, the bill was passed over. ACTION ON APPROPRIATION BILLS. Mr. ATKINS. I move that the committee rise. Mr. MORGAN. I ask leave to introduce a joint resolution which I The motion was agreed to. desire to have read at length for information. The committee accordingly rose ; and the Speaker having resumed By unanimous consent, leave was granted to introduce a joint reso­ the chair, Mr. MILLs reported sundry bills with and without amend­ lution (S. R. No. 40) proposing an amendment to the Constitution in ments, and with a recommendation that they be passed. relation to appropriations; which was read the first time at length, Bills of the following titles, reported from the Committee of the as follows: Whole without amendments, were severally taken up and ordered to Resolved by the Senate and House of Representatives of the United States of America be eng:rossed for a third reading, read the third time, and passed : in Omgress a.Bsembled, (two-thirds of each H01./..8e concurring theretn,) That the follow­ A bill (H. R. No. 564) to confirm the title to certain lands in Platte ing be proposed as an amendment to the Constitution of the United States, which, wlien ratified by three-fourths of the Legislo.tur.es of the several States, sha.ll. bo Conn ty, Missouri, and authorize patents to be issued therefor to Kin­ valid to all intent-s and purposes aa part. of said Constitution, to wit: sey B. Cecil; A bill (II. R. No. 246) for the relief of John R. Nichols, late post­ ARTICLE-. The President of the United States may approve any appropriation in any bill master at Athens, Georgia ; passed by the two Houses of Congress, and the President may disappro\e any other A bill (H. R. No. 4132) for the relief of Patrick P. Manion, of Saint appropriation in the same bill, and in such case he shall designate in writing tho Louis, Missouri; appropriations which be shall disapprove, and bo shall return a copy of cacli and evcr:v appropriation so disapproved, with his objections, to that House in which A bill (H. R. No. 1875) for the relief of E. A. Williams; and said Dill shall have originated, and the same proceedings shall then be had on each A bill (H. R. No. 2518) granting jurisdiction and authority to the appropriation so disapproved as is reqnir~l in section 7 of Article 1 of the Consti· Court of Claims in the case of the schooner Don Pedro. tution of the United States of .America in case of bills disapproved by tho PI'CSi· ELLA P. MURPHY. dent. Mr. MILLS. I a-sk unanimous consent that the Committee of the The joint resolution was read the second time by its title, and re­ Whole on the P1ivate Calendar be discharged from the further con­ ferred to the Committee on the Judiciary. sideration of the bill (H. R. No.1502) for the relief of Ella P. Murphy. DISTRICT SPECIAL IMPROVEMENT TAXES. This lady is the widow of a Federal soldier and is very poor. The Mr. BAYARD. I find by looking at the RECORD of the 12th of bill has been unanimously reported from the Committee on Indian June that the bill (S. No.1088) providing for the correction and re­ Affairs. vision of assessments for special improvements in the District of Mr. RICE, of Ohio. I hope the request of the gentleman from Texas Columbia, and for other purposes, was passed in the form of a substi­ [Mr. MILLs] will be granted. tute without examination, without debate or question. I move that Mr. MILLS. It is a very meritorious ca-se. the bill be recalled from the House of Representatives and that a The bill was read. It directs the Secretary of the Treasury of the message to that effect be sent to the House. United States to pay to Mrs. Elli P. Murphy, widow of Patrick Mur­ The motion was agreed to. phy, out of any money in the Treasury not otherwise appropriated, llEN ALSOP. the sum of $3,875, as full compensation for depredations committed Mr. McCREERY. I ask the present consideration of Senate bill by the Mescalero Apache Indians upon the property of said Patrick No. 1026, which will not occupy one minute, I think. Murphv. Mr. WINDOM. I desire to call up the resolution extending the 1\tlr. SPARKS. I object. time of adjournment; but as the Senate is very thin I prefer to wait 1\Ir. MILLS. The bill is reported unanimously from the Committee a few moments, and therefore I shall not make any opposition to the on Indian Affairs. request of the Senator from Kentucky. Mr. SPARKS. The Committee on Indian Affairs of the last House The PRESIDENT pro tempm·e. The question is on the motion of reported it adversely. the Senator from Kentucky, that the Senate proceed to the consider­ Mr. MILLS. It is a very meritorious case. ation of the bill (S. No. 1026) granting a pension to Ben Alsop. , Mr. SPARKS. I examined the bill once as a member of a com­ The motion was agreed to ; and the Senate, as in Committee of the mittee, and, in my judgment, it is not meritorious. Whole, proceeded to consider the bill. It places on the pension-roll Mr. MILLS. Well, the Committee on Indian Affairs differ very the name of Ben Alsop, of Owensborough, Kentucky, a soldier in the materially with the gentleman. war of 11:!12. - Mr. SPARKS. Notonlywithme, but with the Committee on Indian The bill was reported to the Senate without amendment; ordered Affairs of the last Congress. to be engrossed for a third reading, read the third time, and passed 1\Ir. MILLS. Will the Chair recognize me to move to suspend the rules and pass that bill for the benefit of the widow of a soldier. DR. P. F. REUSS. Mr. CONGER. There is a report in this case ; let it be read. Mr. KERNAN. I move that the Senate proceed to the considera­ The report of the committee wa.s read. tion of the bill (H. R. No. 3565) granting a pension to Dr. P. F. Rouss, Mr. LATHROP. I object. late surgeon Seventh New York Volunteers. Mr. MILLS. I hope objection will be withdrawn. The motion was agreed to; and the Senate, as in_Committee of the , Mr. HANNA. If the bill is amended so as to correspond with the Whole, proceeded to consider the bill. - report, which has been rea.d, and this money is to come out of the The bill waa reported to the Senate without amendment, ordered Indian funds, and there has been this depredation on the part of this to a third reading, read the third time, and passed. t1·ibe, I do not see why we should make fish of one and flesh of ORDER OF BUSINESS. another. Mr. SPARKS. All the money the Indians get is what we give them, Mr. SAUNDERS. I ask the Senate to take up the bill (S. No. and if you take this we will have to give them more if we act on the 1284) creating the Utah and Northern Railway Company a corpora­ principle of feeding ru.tber than fighting them. tion in the Territories of Utah, Idaho, and Montana, and granting The SPEAKER. Objection is made, and the bill is not before the the right of way to said company through the public lands. House. Mr. WITHERS. That is not a bill to be passed in the morning LEGISLATIVE APPROPRIATION BILL. hour. M:r. KERNAN. I think the Senator from Michigan [Mr. CHRis­ Mr. ATKINS. I move, by tmanimous consent, that whatever print­ TIANCY] takes some interest in that bill, and he is not in his seat. ing is necessary to facilitate the making of conference report on the Mr. SAUNDERS. This bill was called up the other day in regular legislative appropriation bill be ordered. order on the Calendar, and it was objected to by the Senator from The S;I>EAKER. Tho Chair hears no objection, and it is ordered Michigan. I have shown the bill in its amended form to the Senator accordingly. from Michigan, and he is satisfied to vote for it. I also showed it to the WillTEWOOD FLmm COMPANY. Senator from Ohio, [Mr. TnURMAN,] who objected to the bill being Mr. PRICE. I move, by unanimoua consent, to discharge the Com­ taken up the other day, and be is satisfied. It is merely to grant tho mittee of the Whole on the Private Ca1endar from the further con­ right of way to this corporation. They find no laws there by which sideration of the bill (H. R. No. 3669) incorporating the Whitewood they can get their rights. In order to meet all the objections that Flume Company. have been raised both outside and in the Senate a substitute to take Objection was ma.de. the place of the former bill was prepared by the committee, and it is And then, on motion of Mr. WHITE, of Pennsylvania, (at ten o'clock unanimously recommended. It is very short, and I should like to and thirty-five minutes p. m.,) the House adjourned. have it read for information. The PRESIDENT pro tempm·e. The Secretary will report the bill for information, subject to objection. Mr. WITHERS. I do not think it would be judicious to consume the time of the Senate now in so important a matter as that, particu­ IN SENATE. larly when, if we proceed with the call of the Calendar, the bill will SATURDAY, June 15, 1878. be reached in its order. Mr. SAUNDERS. If the Senator will allow me, this bill was called The Senate met at eleven o'clock a. m. up in its regularorderon the Calendar, and it was objected to by the Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Senatorfrom Michigan, who thought it was another bill. vvt.en the bill The Secretary proceeded to read the Journal of yesterday's pro­ was shown to him he said it was perfectly satisfactory. It was also ceedings, when, on motion of Mr. McCREERY and by unanimous con­ shown to the Senator from Ohio, who had taken the same viow of sent, the furtlier reading was dispensed with. the matter, and he also was satisfied with it.