1836 CONGRESSIONAL RECORD-HOUSE. :1\IARcn 13,

Mr. HARRIS. By no means is the Senate ready for that question, The SPEAKER. The objection ismadetoolate. Someothergen­ I am sure, at this time. tlemen have like resolutions to present. The PRESIDING OFFICER. The Senator from Tennessee moves Mr. TOWNSHEND, of Illinois. Let them all come in under the that the Senate proceed to the consideration of executive business. regular call of States. Mr. SHERMAN. Before the question is put, if there is no special The concurrent resolution presented by Mr. LORD is as follows : occasion to go into executive session, I suggest that we take up the Concurrent resolution. Ca:lendar under the Anthony rule. Whereas the system of polgam.y existin~ in certain sections of our country Mr. MORRILL. Why not allow the Senator from Florida to go on is degrading to the individuals and demoralizing to the communities adopting it, with his speech 'f and is both repugnant to the Christian sentimenta of the age and is a national disgrace: Therefore, Mr. BAYARD. He does not desire to speak now. Resolved, (the senate concurring,) That our Senators and Representatives in Mr. SHERMAN. Why not go on with the Calendar under the Congress be respectfully requested to use nJ1. reasonable and honorable means to Anthony rnle f ~!~b.U:es~~~~:i~~!£fation which shall promptly and effectually extirpa.~ Mr. HARRIS. When we have got through with the executive busi­ Resolved, That the be requested to forward copies of these resolutions ness, if it is desirable that the Senate shall sit longer, we can take to each of our Senators and Representatives in Congress. up the Calendar of General Orders or the Calendar under the Anthony MOREAU S. CROSBY, rnle. President of the Senate. Mr. SHERMAN. As a matter of course the business in executive SETH. C. MOFFATT, Speaker of the Hou.~e of Representatives. session will not occupy much time. .Approved March 9, 1882. Mr. BAYARD. I apprehend there is no displacement of the regu­ D.AVID H. JEROME, lar order before the Senate except the informal displacement for the Goverrwr. purpose of allowing the Senator from Florida to submit his remarks. MESSAGE FROM THE SENATE. The PRESIDING OFFICER. The tariff-commission bill was in­ A message from the Senate, by Mr. SYMPSON, one of its clerks, in­ formally laid aside. formed the House that the Senate had adopt-ed a resolution in which Mr. HARRIS. The tariff-commission bill was informally laid aside the concurrence of the House was desired, requesting the President for the purpose of allowing the Senator from Florida to submit some to bring to the attention of the Government of Nicaragua the neces­ remarks upon his resolution, and whether they be submitted to-day sity of arranging for a convention for the :final settlement of all un­ or to-morrow, the nnanimous consent of the Senate is that that bill adjusted claims existing between the Government of the United is laid aside only for that purpose, and it continues the unfinished ·States and the Government of Nicaragua and claims of citizens of business. the United States against the Government of Nicaragua. Mr. ROLLINS. Does not the Senator from Florida desire to pro­ The message further announced that the Senate had passed bills ceed to-day f of the following titles; in which the concurrence of the House was Mr. HARRIS. He prefers to speak to-morrow. requested: The PRESIDING OFFICER. It is moved that the Senate proceed A bill (S. No. 861) to provide for a commission on thf\ s'ubject of to the consideration of executive business. the alcoholic liquor traffic ; The motion was agreed to A bill (S. No. 1361) to provide for additional accommodations for MESSAGE FROM THE HOUSE. the Department of the Interior; and A bill (S. No. 1415) to provide for the closing of an alley in square A message from the House of Representatives, by Mr. McPHERSON, 195 in the city of Washington, District of Columbia. its Clerk, announced that the House had passed the bill (S. No. 74~) granting a pension to Elizabeth Wirt Goldsborough. ADDITIONAL LAND DISTRICTS IN DAKOTA. The message also announced that the House had passed a bill (H. l\Ir. PETTIGREW. I ask that by unanimous consent the Com­ R. No. 4440) to es·"ablish a railway bridge across the Mississippi mittee of the Whole House on the state of the Union be discharged River extending from a point between, Wabasha and Read's Land­ from the further consideration of the bill (H. R. No. 4698) to create ing, in Minnesota, to a point below the month of the Chippewa River, two additional land districts, and to change the boundaries of the in Wisconsin; in which it requested the concurrence of the Senate. Watertown land district, in the Territory of Dakota, and that the same be now brought before the House for consideration and passage. EXECUTIVE SESSION. Mr. SPRINGER. I object. · The Senate proceeded to the consideration of executive business. ENVOY TO SOUTH AMERICAN GOVERNMENTS. After three hours and nine minutes spent in executive session, the doors were reopened; and (at :five o'clock and :fifty-five minutes Mr. BELMONT. I ask unanimous consent for the consideration p. m:) the Senate adjourned. at this time of the resolution which I send to the desk. Mr. TOWNSHEND, of Illinois. Let it come in under the call of States. • The SPEAKER. This is a resolution of inquiry, which it is desired to have considered at this time. The Clerk will read the resolution, HOUSE OF REPRESENTATIVES. after which objections, if any, will be in order. The Clerk read as follows : MONDAY, March 13, 1882. Resolved, That the Secretary of State be requested to inform the Honse what com­ pensation has been paid or is to be paid by the Department of State to :Mr. Tres­ The House met at twelve o'clock m. Prayer by the Chaplain, Rev. cot as envoy to the South .Ame1.ican governm.enta ; also out of what appropriatioD D. POWER. any money has been paid or is to be paid to him as such envoy; also by what law F. lli. Trescot has been appointed or employed in the Department of State since or The J onrnal of Friday was read and approved. at any time after March 4, 1877, and what com~ensation since that date has been SELECT COMMITTEE ON WOMAN SUFFRAGE. paid to Mr. Trescot and out of what appropriation. The SPEAKER. The Chair announces the appointment of the fol­ The SPEAKER Is there objection to the present consideration of lowing geil.trlemen as the Select Committee on Woman Suffrage the resolution Y authorized by the House: Mr. CAMP, of New Yorkf· Mr. WmTE, of l\Ir. WILLIAMS, of Wisconsin. [object. Kentucky; Mr. SHERWIN, of Illinois; Mr. STONE. u Massachusetts; Mr. BELMONT. Then I a.sk that the resolution be referred to the Mr. HEPBURN, of Iowa; Mr. SPRINGER, of Illin-:>is; Mr. VANCE, of Committee on Foreign Affairs. North Carolina i Mr. MULDROW, of Mississippi, and Mr. STOCKSLA­ The resolution was referred to the Committee on Foreign Affairs. GER, of Indiana. ELIZABETH WIRT GOLDSBOROUGH. POLYGAMY. l\Ir. JOYCE. I ask unanimous consent to take a bill from the The SPEAKER, by unanimous consent, laid before the House a Speaker's table for present consideration. memorial of the Legislative Assemblyofthe Territory of , ask­ l\Ir. RANDALL. I call for the regnlar order. ing Congress to suspend action upon Utah affairs until by a commit­ l\Ir. JOYCE. I ask the gentleman from Pennsylvania to wait a. tee of investigation the facts are learned, and a tangible foundation moment before insisting on the regnlar order. The Senate ha-s passed is laid for rational proceedings in which no violence will be done to this bill, and the House the other evening passed a similar bill. I the institutions of that Territory; which was referred to the Com­ desire to take the Senate bill from the Speaker's table and substitute mittee on the Judiciary. it for the House bill and pass it. It is for the widow of Admiral The SPEAKER. The Chair is informed that there are several Goldsborough. gentlemen who desire to present resolutions on the subject of polyg­ l\Ir. RANDALL. Is it a pension bill amy. Mr. JOYCE. It is. Mr. LORD. I present a concurrent resolution of the Michigan Mr. RANDALL. Then I do not object. Legislature, relating to polygamy, and ask that it be referred to the There being no objection, the bill (S. No. 743) granting a pension Committee on the Judiciary, and that it be printed in the RECORD. to Elizabeth Wirt Goldsborough was taken from the Speaker's table The SPEAKER. Is there objection to the request of the gentle­ and rea-d a first and second time. man from Michigan Y [After a pause.] The Chair hears no objec­ The bill was read, as follows : tion1 and the res6lution will be referred to the Committee on the Be it enacted, &c., That the Secretary of the Interior be, and ho is hereby, au­ Judiciary, and will be printed in the RECORD. thorized and directed to place on the pension-roll, suhject to the provisions and limitations of the pension laws, the name of Eliza,beth Wirt Goldsborough, widow . Mr. TOWNSHEND, of lliinois. I object for this reason, that all of the late Rear-Admiral Goldsborough, and pay her a pension of $50 per month tb.~ mep}otials can be introduced under the regnlar call. from and after the passage of this act. 1882. CONGRESSIONAL RECORD-HOUSE. 1837

The bill was ordered to be read a. third time; and it was accord­ poration shall submit to the Secretary of W a.r for his examination and approval a design and drawings of said bridge, and a map of the location, giving for the space ingly read the third time, and passed. of one mile above and one mile below the proposed location the topography of the :Mr. JOYCE moved to reconsider the vote by which the bill was banks of the river, the shore-lines at high and low water, the directiOn and strength pa~sed; and also moved that the motion to reconsider be laid on the of the current at all stages, and the soundings, accurately showing the bed of the stream, the location of any other bridge or bridges, and shall furnish such- other table. information as may be required for a full and satisfactm·y understanding of the The latter motion wa~ agreed to. subject; and until the said plan and location of the bridge are approvecf by the ORDER OF BUSINESS. Secretary of War the bridge shall not be built; and should any change be made in the plan of said bridge during the process of construction, such change shall be sub­ The SPEAKER. The Chair understands the call for the regular iect to the approval of the Secretary of War. And the said structure shall be at order is renewed. all times so kept and managed as to offer rea ouable and proper means for the pas· Mr. RANDALL. I withdraw the call for the regular order. sage of vessels through or under said structure ; and to Recure the safe passage of vessels at ni~ht there shall be displayed on said bridge, from the hour of sunset to Mr. :MURCH. I ask the present consideration of the resolution that of suur1se, such lights as may be prescribed by the Secretary of War; and the which I send to the desk. said structure shall be changed, at the cost and expense of the owners thereof, Mr. YOUNG. I desire to submit a. resolution for consideration a.t from time to time, as Congress ma;y direct, so as to preserve the free and conven­ ient navigation of said river; and the authority to erect and continue said bridge this time. shall be subject to revocation and modification by law, whenever the public good 1\fr. MILLER. I call for the regular order. shall in the judgment of Congress so require, without any expense or charge to the MARTHA A. LACHMAN. United States. SEc. 6. That the right to alter, amend, or repeal. this act ¥ hereby expressly Mr. ATHERTON. I desire to be recognized fora moment to make reserved. a request to which I think there will be no objection. On Friday last SEc. 7. That this act shall take effect and be in force from and after its passage. a bill (H. R. No. 4393) for the relief of Martha A. Lachman was re­ Mr. SINGLETON, of lllinois. I do not rise for the purpose of ob­ porteti from the Committee on War Claims with an adverse :recom­ jecting at this time to this bill, but I wish to inquire whether it has mendation, and was ordered to lie on the table. I desire the case been submitted to any of the engineer corps upon the Mississippi shall go to the Calendar. River. The SPEAKER. The Chair thinks that it is the ri~ht of the gen­ Mr. STRAIT. It has been; and it is also the unanimous report of tleman to have the report go on the Calendar, and it IS so ordered. the Committee on Commerce of this House. RAILWAY BRIDGE ACROSS MISSISSIPPI RIVER. Mr. SINGLETON, of Illinois. I have no objection to the bill. Mr. STRAIT. I ask that by unanimous consent the bill (H. RC Mr. WASHBURN. Iwillsayto thegentlem_a.n from Illinois [Mr. No. 4440) to establish a railway bridge acrossthe Mississippi River, SINGLETON] that this bill was reported unanimously from the Com­ extending from a point between Wabasha and Read's Landing, in mittee on Commerce. It bas every safeguard so far as the protec­ Minnesota, to a point below the mouth of the Chippewa River, in tion of the navigation ofthe river is concerned, and there is no pos­ Wisconsin, be taken from the House Calendar for present considera­ sible reason why it should not pass. tion. I will say that this is reported unanimously by the Committee Mr. HOLl\IAN. Let the fourth section of the bill be again read; on Commerce. The material is on the ground for the building of the it was not heard distinctly. bridge, and the parties are anxious that it should be proceeded with The SPEAKER. The fourth section will be again read. at once. The Clerk read the fourth section of the bill. The SPEAKER. Is there objection to the present consideration The SPEAKER. ·Is there objection to the present consideration of the billY of this billY [After a pause.] The Chair hears none. Mr. SPRINGER. Let it be read, subject to objectian. The bill wa~ accordingly taken from the House Calendar, the 1\fr. WASHBURN. I think I can satisfy the gentleman from llli- amendments reported from the Committee on Commerce agreed to, nois by a. brief statement. and the bill as amended ordered to be engrossed for a third reading, Mr. SPRINGER. Let the bill be read. read the third time, and passed. The bill was then read, as follows : 1\fr. STRAIT moved to reconsider the vote by which the bill was Be it enacted, &c., That the Chippewa Valley and Superior Railway Company, passed; and also moved that the motion to reconsider be laid on the its successors and assigns, are hereby authorized and empowered to erect, estab­ table. lish, and maintain a. railway bridge across the Mississippi River, extending from a. The latter motion was agreed to. point to be by them selected in the State of Minnesota, between Read's Landing and a. point in the State of Minnesota. opposite the foot of Crat's Island, about two ORDER OF BUSINESS. miles below Wabasha, across the said river to a point in the State of Wisconsin Mr. KASSON. I call for the regular order. to be by them selected, below the mouth of the Chippewa River; that said bridge shall not interfere with the free navigation of said river beyond what is necessary The SPEAKER. The regular order is the call of States for the in order to carry into effect the rights and privileges hereby granted; and in case introduction of bills and joint resolutions. of any litigation arising from any obstruction or aJleged obstruction to the free ?!fr. WILSON. I hope the ~entleman from Iowa [1\fr. KAssoN] navigation of sa4l river, the cause may be tried before the district court of the will withdraw for a moment h1s call for the regular order. United States of any State in which any portion of said obstruction or bridge touches. 1\fr. KASSON. For what purpose Y SEc. 2. That any bridge built under the provisions of this act may, at the Mr. WILSON. It is for the purpose of considering a concurrent option of the company building the same, be built as a draw-bridge, with a pivot re olution from the Senate which should be passed. or other form of draw, or with unbroken or continuous spans, or as a pile or Mr. MILLER. What has become of my call forthere_gularorder, ponton bridge, similar to .Tohn Lawler's railway ponton bridge at Prairie du Chien, Wisconsin : P·rovided, That if the said bridge shall be made with un­ which I made ten minutes ago and have not withdrawn l broken and continuous spans, it shall not be of less elevation in any ca.se than The SPEAKER. The Chair understood that after business had fifty feet above extreme high-water mark, as understood at the :point of location, intervened it was withdrawn, not being renewed. to the bottom chord of the bridge, nor shall the spans of said bndge be less than Mr. MILLER. I again renew it. two hundred and fifty feet in length, and the piers of said bridge snail be parallel with the current of said river, and the main span shall be over the main channel The SPEAKER. Then the regular order is the call of States. of tbe river and not less than three hundred feet in length: And pro-vided Mr. WILSON. If the gentleman across the way will yieldforone also, Th'a.t if any bridge built under this act shall be constructed as a draw­ moment, I simply desire to take from the Speaker's table and pass a bridge, the same shall be constructed as a pivot-draw bridge, with a draw over concurrent resolution of the Senate, which will not take more than the main channel of the river at an accessible and navi~able point, and with spans of not less than one hundred and sixty feet in length m the clear on each side of two minutes' time, and it is very important that it should bepassed the central or pivot pier of the draw, and the next adjoining spans to the draw now. shall not be less than two hundred and fifty feet, and said spans shall not be less The SPEAKER. Does the gentleman withdraw his call for the tnan thirty feet above low-water mark antl not less than ten feet above extreme high-water ma.rk, measuring to the bottom chord of the bridge, and the piers of regular order 7 said bridge shall be parallef with the current of the river where said bridge may Mr. MILLER. Yes; and I will not insist upon it again to-day. be erected: And povidedfurther, That if said com;pany shall elect to construct a. [Laughter.] pile or ponton bndge, the Secretary of War may, if he deem it advisable and not The SPEAKER. 'rhe Clerk will read the concurrent resolution, inconsistent with the free navigation of said river, authorize said company to construct such bridge as a pile or ponton bridge, subject to the restrictions and after which objections to its consideration will be in order. requirements relating to the construction thereol contained in an act entitled " An The Clerk read as follows: act to legalize and establish a ponton bridge across the Mississippi River at Resolved by the Senate, (the House of Representatives concurring,) That the Presi­ Prairie du Chien," approved .rune 6, -1874, except that in the bridge herein author­ dent be requested to bring to the attention of the Government of Nicaragua. the ized one draw only shall be required, which shall not be less than three hundred necessity of arranging by a convention for the final settlement of all unadjusted and fifty feet in width in the clear: And provided also, That said draw shaH. be claims existing between the Government of the United States and the Government opened promptly upon reasonable signal for the passage of boats. of Nicaragua, and claims of citizens of the United States against the Government SEc. 3. That any bridge constructed under this act and a-ccording to its limita­ of Nicaragua. uons shall he a lawful structure, and shall be known and recognized as a. post. route, and the same is hereby declared to be a post-route, upon which also no The SPEAKER. Is there objection to considering this concurrent higher charge shall be made for the transmission over the same of the mails, the resolution at this time Y troo~s, and the munitions of war of the United States, or for passengers or freight Mr. SINGLETON, of Illinois. I object. passmg over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to the said bridge; and the United Mr. KASSON. I call for the regular order. States shall have the right of way for a postal telegraph across said bridge. 1\fr. WILSON. Let it go the Committee on Foreign Affairs. SEC. 4. That all railway companies desiring to use said bridge shall have and be The SPEAKER. The regular order is called for. entitled to equal rights and privileges in the passage of the same, and in the use Mr. BUTTERWORTH. I rise to submit a privileged report. of the machinery and fixtures thereof and of all the approaches thereto, under and upon such terms and conditions as shall be prescribed by the Secretary of War The SPEAKER. The gentleman will present it. up~~~ta~lli~~~~h::ef:~~~~~d~~ebe~~~~~i~c~~:!i!~~d ARMY APPROPRIATI0N BILL. subject to such reJtU].ations for the security of navigation of said river as the Sec­ Mr. BUTIERWORTH, from the Committee on Appropriations, re­ retary of War sh3ll prescribe; and to secure that object the said company or cor- ported a bill (H. R. No. 5040) making appropriations for the support 1838 CONGRESSIONAL . RECORD-HOUSE. of the Army for the fiscal year ending June 30, 1883, and for other SOLOMON BROTHERS. purposes; which was read a first and second time, I'eferred to the Mr. BELFORl> also introduced a bill (H. R. No. 5053) for the relief Committee of the Whole House on the state of the Union, and, with of Solomon Brothers; which was read a .first and econd time, referred the accompanying report, ordered to be printed. to the Committee on Claims, and ordered to be printed. Mr. Mc~llLLIN. I reserve all points of order on that bill. Mr. RANDALL. Will the gentleman reporting the bill be kind JERE HA.RA.LSON. enough to state on what day he proposes to call it up f Mr. WAIT introduced a bill (H. R. No. 5054) for the relief of Jere Mr. BUTTERWORTH. At an early day. Haralson; which was read a first and second time, referred to the Mr. RANDALL. We want time to examine the bill before it is Committee on Elections, and ordered to be printed. called up. WILLIAM R. BENNETT. Mr. BUTTERWORTH. Well, I will say on Thursday or Friday next. Mr. WAIT also introduced a bill (H. R. No. 5055) for the relief of ORDER OF BUSINESS. William R. Bennett, Jo.lm Eldredge, and William C. Dewey; which was read a first and second time, referred to the Committee on Claims, The SPEAKER. This being Monday the first business in order is and ordered to be printed. · the call of States and Territories for the introduction of bills and joint resolutions for reference to their appropriate committees. PATENTS, TRADE-MARKS, ETC. Under this call memorials and re olutions of State and TerritoriaJ. Mr. BUCK introduced a bill (H. R. No. 5056) amending an act to Legislatures and resolutions calling for Executive information are in amend the law relating to patents, trade-marks, and copyrights; order for referePce. which was_read a first and second time, referred to the Committee EVALINA P. LOW. on Patents, and ordered to be printed. Mr. WHEELER introduced a bill (H. R. No. 5041) for the relief of Mr. BUCK also introduced. a bill (II. R. No. 5057) amending an act Eva.lina P. Low; which was read a first and second time, referred to entitled "An act to authorize the r egistration of trade-marks and the Committee on Invalid Pensions, and ordered to be printed. p1·otect the same;" which was read a first and second time, referred A.ID TO SUFFERERS BY THE FLOODS. to the Committee on Patents, and ordered to be printed. Mr. WHEELER also introduced a bill (H. R. No. 5042) to authorize PAY OF WORKMEN IN DISTRICT OF COLUMBIA.. the Secretary of War to direct the officer in charge of the Mussel Mr. PHELPS introduced a bill (H. R. No. 5058) to amend and ex­ Shoals improvement to furnish necessary corll and meat to persons t.end the provisions of a certain clause in the act of Congress approved represented to be in a destitute condition ; which was read a first June 20, 1878, making appropriations for sundry civil xpen e of the and second time, referred to the Committee on Appropriations, and Government and to provide for the payment of workmen under the ordered to be printed. late board of public works in the District of Columbia; which was HOMESTEAD ENTRIES BY FEMALES. read a :first ani seco•d time, referred to the Committee on the Dis­ Mr. WHEELER also introduced a bill (H. R. No. 5043) to authorize trict of Columbia, and ordered to be printed. females to enter lauds nuder the homestead law; which was read a OFFICERS AND CREW OF STEAMSHIP BIENVILLE. first and second time, referred to the Committee on the Public Lands, Mr. PHELPS also introduced a bill (H. R. No. 5059) making an and ordered to be printed. appropriation to pay the officer and crew of the United States steam­ MISSISSIPPI LEVEES. ship Bienvi.llf' the amounts severaJly due them as prize-money for l\1.r. DUNN introduced a bill (H. R. No. 5044) providing for the con­ captures made during the war of the rebellion; which was read a :first struction, completion, repairing, and preservation of levees on the and second time, referred to the Committee on Appropriation..;, and Mississippi River; which was read a first and second time, refeued ordered to be printed. to the Committee on Levees and ImprovementoftheMississippiRiver, LEMUEL MORRIS. and ordered to be printed. Mr. MARTIN introduced a bill (H. R. No. 50GO) for the relief of FLORA ADAMS DARLING. Lemuel Morris; which was read a first and second time, referred to Mr. DUNN also introduced a bill (H. R. No. 5045) to authorize the the Committee on Claims, and ordered to be printed. Court of Claims of the United States, at Washington, District of Co­ JOHN S. APPLETON. lumbia, to hear and determine the case of the claim of Flora Adams Mr. MARTIN also introduced a bill (H. R. No. 5061) for the relief Darling for property taken and uamages sustained under a flag of of JohnS. Appleton ; which was read a :first and second time, referred truce; wkich was read a :first and second time, referred to the Com­ to the Committee on Military Affairs, and ordered to be printed. mittee on the Judiciary, and ordered to be printed. "' ABOLITION OF MARINE CORPS. MARY ELIZA PILLOW. !tfi·. MARTIN a.lso submitted the following re olution; which was Mr. DUNN also introduced a bill (H. R. No. 5046) to authorize the referred to the Committee on Naval Affairs: Court of Claims to reinstate the suit of Mary Eliza Pillow, numbered Resolved, That the President of the United States be requested to communicate 7151, on the docket of said court, a,nd to determine said snit on its t() this House llis yjews a-s to the expediency and economy of ime early abolition of merits, without regard to the statute of limitations; which was read the Marine Corps of the United States Navy, and the transfer of the officers thereof a :first and second time, referred to the Committee on the Judiciary, to the ATIDy, to be assigned rank M:cording to the result of exam.i.rlation by a board and ordered to be printed. appointed for that purpose. DR. EDWIN M. BENTLEY. INDIAN RIVER AND MOSQUITO LA.GOO~ PASSAGE. Mr. JONES, of Arkansas, introduced a bill (H. R. No. 5047) for the Mr. FINLEY introduced a bill (H. R. No. 5062) to authorize the relief of Dr. Edwin M. Bentley; which was read a first and second opening of a passage between the north end of Indian River and 1\Ios­ time, referred to the Committee on Claims, and ordered to be printed. quit.o , in the State of Florida; which was read a :first and second time, referred to the Committee on Commerce, and ordered ATLANTIC AND PACIFIC RAILROAD COMPANY. to be printed. Mr. PACHECO introduced a bill (H. R. No. 5048) to repeal the PETER PHILLIPS. land-grant of the Atlantic and Pacific Railroad Company extending through and within the limits of the State of California; which wa-s Mr. TOWNSHEND, of Illinois, introduced a bill (H. R. No. 5063) read a first aud second time, referred to the Committee on Pacific for the relief of Peter Phillips; which was read a first and second Railroads, and ordered to be printed. time, referred to the Committee on War Claims, and ordered to be printed. EZRA. B. STRONG. TEMPERANCE J. O'NEAL. Mr. PACHECO also introduced a bill (H. R. No. 5049) to increase Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. 5064) the pension of Ezra B. Strong; which was read a :first and second granting a pension to Temperance J. O'Neal; which was read a :first time, referred to the Committee on Invalid Pensions, and ordered to and second time, referred to the Committee on Invalid Pensions, and be printed. ordered to be printed. · DA1HEL CONNOR. DANIEL WILLBERG. Mr. ROSECRANS (by request) introduced a bill (H. R. No. 5050) granting a pension to Daniel Connor; which was read a. first and Mr. FARWELL, of Illinois, introduced a bill (H. R. No. 5065) grant­ second time, referred to the Committee on Pensions, and ordered to ing a pension to Daniel Willberg; which was read a :first and second be printed. time, referred to the Committee on Invalid Pensions, and ordered to be printed. · SAN FRANCISCO AND OCEAN SHORE RAILROAD COMPANY. CHRISTIAN RICE. Mr. PACHECO introduced a bill (H. R. No. 5051) granting a cer­ Mr. DE MOTTE introduced a bill (H. R. No. 5066) to increase the tain right of way to the San Francisco and Ocean Shore Railroad pension of Christian Rice; which was read a first and second time, Company; which was read a :first and second time, referred to the reforred to the Committee on Invalid Pensions, and ordered to be Committee on Commerce, and ordered to be printed. printed. MORRIS APPEL. MARY FRANCE. Mr. BELFORD introduced a bill (H. R. No. 5052) for the relief of Mr. CALKINS introduced a bill (H. R. No. 5067) for the relief of Morris Appel; which was read a first and second time, referred to the Mary France; which was read a first and second time, referred to Committee on Claims, and ordered to be printed. the Committee en Claims, and ordered to be printed. 1882. CONGRESSIONAL RECORD-HOUSE. 1839

MA'IT AND SAMUEL FRANCE. DRAFTED MEN, PENDLETON COUNTY, KENTUCKY. Mr. CALKINS also introduced a bill (H. R. No. 5068) for the relief Mr. . CARLISLE introduced a bill (H. R. No. 5U81) for the relief of of Matt and Samuel France; which was read a first and second time, certain drafted men in Pendleton County, Kentucky; which was read referred to the Committee on Claims, and ordereu to be printed. a first and second time, referred to the Committee on War Claims, JOHN F. DAVIS. and o1·dered to be printed. Mr. STOCKSLAGER introduced a bill (H. R. No. 5069) for the relief ALCOHOL, ETC., FOR USE IN INDUSTRIAL PURSUITS. of John F . Davis; which was read a first and second time, referred Mr. WILLIS introduced a bill (H. R. No. 508'2) to authorize the to tile Committee on Claims, and ordered to be printed. withdrawal from distillery warehou e, without tax, of alcohol and GEORGE M. D. BLACKER. other spirits to be used in industrial pursuits; which was read a first Mr. ORTH iutrodnced n. bill (H. R. No. 5070) for the relief of George and second time, referred to the Committee on Ways and Means, and M. D. Blacker; which was read a first and second time, referred to ordered to be printed. the Committee _on Military Affair , and ordered to be printed. GEORGE W. MORSE. JANE WILLIAMS. 1\Ir. KING introduced a bill(H. R. No. 5083)for the relief of George W. Morse ; which was read a first and second time, referred to the Mr. llOLUAN introuuced a bill (H. R. No. 5071) granting a pt)n­ Committee on Patents, and ordered to be printed. sion to J ane Williams; which was read a first and ~:;econd time, referred to the Committee on Invalid Pensions, and ordered to be G. ALEXANDER RAMSAY. printed. l\Ir. ELLIS introduced a bill (H. R. No. 5084) providing for there­ HARRIET M 7LEASTER. lief of G. Alexander Ramsay; which was read a first and second time, Mr. HOLMAN also introduced a bill (H. R. No. 5072) granting a referred to the Committee on Claims, and ordered to be printed. pension to Harriet McLeaster; which was read a first and second FLOODS IN MISSISSIPPI VALLEY. time, referred to the Committee on Invalid Pensions, and ordered to Mr. ROBERTSON introduced a bill (H. R. No. 5085) to authorize . be printetl. 1 the Secretary of War to aid the civil authorities to protect the lives BARNARD M NALLY. and property endangered by the present floods of the Mississippi Mr. FARWELL, of Iowa, introduced a bill (H. R. No. 5073) to au­ River. thorize p:1ymont of the claim ·of Barnard MeN ally for services in the The SPEAKER. What reference does the gentleman desire t Mexican war; which was read a first and second time, referred to Mr. ROBERTSON. Woulditbeinorder atthistime,Mr. Speaker, the Committee on War Claims, and ordered to be printed. to ask unanimous consent for the immedi.ate consideration of this IlVIPROVEl\iE TT OF MISSOURI RIVER. bill' l\Ir. CARPENTER presented memorial and joint resolution of the The SPEAKER. The Chair will recognize the gentleman to ask General As~embly of the State of Iowa, asking for an appropriation unanimous consent at any time hereafter. If unanimous consent can for the improvement of the Missouri River from Sioux City to its be obtained it will enable the gentleman to call the bill up and in­ ·ontlnence with the l\lissi sippi River; which was referred to the troduce and pass it at once without introduction now, if he so prefers. Conlllllttee on Commerce. Mr. ROBERTSON. Let the bill be referred at this time, and I will a.sk consent to call it up for action hereafter. DES l\10INES RIVER LANDS. The bill wa-s read a first and second time, referred to the Commit­ .Mr. CARPENTER al o presented joint resolution of the General tee on Levees and Improvement of the Mississippi River, and ordered Assembly of the State of Iowa, in reference to the Des :Moines River to be printed. lands; which was referred to the Committee on the Public Lands. GEORGE W. GRAFFAM. FIRST LIEUTENANT El.'GENE GRIFFIN, UNITED STATES ARMY. Mr. DINGLEY introduced a bill (H. R. No. 5086) for the relief of MI·. DEERING introuuced a bill (H. R. No. 5074) for the relief of George W. Graffam ; which was read a first and second time, raferred First Lieutenant Eugene Griffin; which was read a first and seco:Qd to the Committee on Military Affairs, and ordered to be printed. time, referred to the Committee on War Claims, and ordered to be NANCY LEONARD. printeu. Mr. LADD introduced a bill (H. R. No. 5087) restoring to the pen­ PERSONS KILLED BY NEGLECT OF OTHERS, ETC. sion-roll the name of Nancy Leonard; which wa-s read a first and Mr. DEERING also introduced a bill (H. R. No. 5075) to compen- second time, .referred to the Committee on Invalid Pensions, and a te the families of persons killed by the wrongful act, neglect, or ordered to be printed. default of another person; wliich was read a first and second time, referred to the Committee on the Judiciary, and ordered to be PUBLIC SCHOOLS, DISTRICT OF COLUMBIA. printed. Mr. MURCH introduced a bill (H. R. No. 5088) to secure equal HEIRS OF PHILIP FRANCIS RENAULT. school rights in the District of Colurn bia; which wa.s read a first and Mr. DEERING (by reque t) also introduced a bill (H. R. No. 5076) second time, referred to the Committee on the District of Columbia, forthe relief of the heirs ofPhilip Francis Renault; which wasread and ordered to be printed. a first and second time, referred to the Committee on Private Land LABOR '!'ROUBLES, NEBRASKA. Claims, and ordered to be printed. l\Ir. MURCH also submitted the following resolution of inquiry; CAPTAIN HENRY A. CLEGHORN. which was read and referred to the Committee on Military Affairs: l\Ir. UPDEGRAFF, of Iowa, introduced a bill (H. R. No. 5077) for Whereas it is reported that the President of the United States has authorized the use of United States troops to l'epress or overawe certain alleged labor move­ t.be relief of Captain Henry A. Cle~horn; which was read a first and ments in the State of Nebraska: Therefore second time, referred to the Committee on War Claims, and ordered .Resolved, That the President be request;i to furnish to this House, at the earliest to be printed. • practicable moment, all the facts before him at the time he auth01ized the send­ BEAUFORT C. LEE. mg or employment of troops or military forces of the United States in the State of Nebraska. during the present month, together with his reasons therefor. 1\Ir. UPDEGRAFF, ef Iowa, (by request,) also submitted a resolu­ tjon for the relief of Beaufort C. Lee; which was referred to the Com­ JOHN JOSEPH BRADSHAW. mittee on Accounts. Mr. URNER introduced a bill (H. R. No. 5089) for the relief of ACTING ASSISTANT SURGEONS. John Joseph Bradshaw; which was read a first and second time, l\fr. THOMPSON, of Iowa, (by request,) introduced a bill (H. R. referred to the Committee on Military Affairs, and ordered to be No. 5078) for the relief of acting assistant surgeons in the late war; printed. which was read a first and second time, referred to the Committee CHARLES L. COLE. on War Claims, and ordered to be printed. Mr. URNER also introduced a bill (H. R. No. 5090) for the" relief of Charles L. Cole; which was read a first and second time, referred DRY-DOCK, DES MOINES RAPIDS CANAL. to the Committee on Military Affairs, and ordered to be printed. l\Ir. McCOID submitted the following resolution of inquiry; which was referred to the Committee on Commerce: HARRIET EDELIN. Resolved, That the Secretary of War be requested to furnish the House with Mr. URNER also introduced a bill (H. R. No. 5091) to grant a pen­ any information in his :possession concerning the need of a Government dry-dock sion to Harriet Edelin; which was read a first and second time, re­ at the Des Moines Rap1ds Canal in the Missouri River, together with the views of ferred to the Committee on Invalid Pensions, and ordered to be tho Department upon the subject. printed. THOMAS RUNDLE. C. V. ENGLISH. l\fr. PAYSON introduced a bill (H. R. No. 5079) for the relief of Mr. URNER also introduced a bill (H. R. No. 5092) granting an Thomas Rundle; which was read a first and second time, referred increase of pension to C. V. English; which was read a first and to the Committee on Invalid Pensions, and ordered to be printed. second time, referred to the Committee on Invalid Pensions, and EQUAL RIGHTS OF CITIZENS. ordered to be printed. Mr. HASKELL introduced a bill (H. R. No. 5080) to declare the TILGHMAN HILLEARY. equal rights of citizens of the United States without reference to Mr. URNER also introduced a bill (H. R. No. 5093) for the relief race or color; which was read a first and second time, referred to the of Tilghman Hilleary ; which was read a first and second time, re­ Committee on the Judiciary; and ordered to be printed. ferred to the Committee on War Claims, and ordered to be printed. 1840 CONGRESSIONAL RECORD-HOUSE. MARCH 13,

LLOYD STEAMSHIP COMPANY. The SPEAKER. That request could not be submitted under this Mr. HOBLITZELL introduced a bill (H. R .. No. 5094) for the relief call. of the North German Lloyd Steamship Company; which was read Mr. HOOKER. Then I a.sk that the joint resolution be referred te a first and second time, referred to the Committee on Ways and the Committee on Appropriations, and I ~xpress the hope they will Means, and ordered to be printed. make an immediate report. SOPHIA A. MELSON. • The joint resolution was ~eferred to the Committee on Appropria- Mr. COVINGTON introduced a bill (H. R. No. 5095) for the relief of . tiona, and ordered to be prmted. Sophia A. Melson ; which was read a first and second time, referred MISSISSIPPI LEVEES. to the Committee on Invalid Pensions, and ordered to be printed. Mr. CHALMERS introduced a bill (H. R. No. 5107) providing for LIGHT-HOUSE ON GREAT SHOALS, MARYLAND. the construction, completion, repairing, and preservation of levees Mr. COVINGTON also presented aJ'oint resolution of the General on the Mississippi River; which was read a first and second time, referred to the Committee on Levees and Improvement of the Mis­ Assembly of Maryland, urging the erection of a light-house on the sissippi River, and ordered to be printed. Great Shoals in Dorchester County, Maryland; which was referred to the Committee on Commerce. ROCK ISLAND BRIDGE, ETC. Mr. CHALMERS also introduced a bill (H. R. No. 5198) for the SURVEY OF WICOMICO RIVER, MARYLAND. preservation and regulation of the Government bridges and read­ Mr. COVINGTON also presented a joint resolution of the General ways between the city of Rock Island, illinois, and the city ofDaven­ Assembly of Maryland, asking the survey, under the War Depart­ port, Iowa; which was read a first and second time, referred to the ment~ of Wicomico River, in Wicomico County, Maryland, from its Committee on Commerce, and ordered to be printed. moutn to the town of Salisbury, in said county; which was referred to the Committee on Commerce. POLYGAMY. Mr. LACEY presented a concurrent resolution of the Legislature NAVAL PRIZE-MONEY AND PENSIONS. of the State of Michigan, in favor of the extirpation of polygamy; Mr. MORSE introduced a bill (H. R. No. 5096) to abolish prize­ which was referred to the Committee on the Judiciary, and ordered money and to regulate pensions in the Navy; which was read a first to be printed. and second time, referred to the Committee on Naval Affairs, and OFFICERS OF THE NAVY. ordered to be printed. Mr.FORD(byrequest)introduceda bill(H. R. No. 5109) to equalize COLLECTION OF CUSTOMS. the pay of the officers of the Navy; which was read a first and second Mr. MORSE also introduced a bill (H. R. No. 5097) to amend the time, referred to the Committee on Naval Affairs, ..-and ordered to be laws regulating the collection of customs; which was read a :first printed. • and second time, referred to the Committee on Ways and Means, and LEVI KOONTZ. ordered to be printed. Mr. HASEL-TINE introduced a bill (H. R. No. 5110) for the relief WINNIFRED B. COFFIN. of Levi Koontz; which was read a first and second time, referred to Mr. CRAPO introduced a bill (H. R. No. 5098) granting a pension to the Committee on Invalid Pensions, and ordered to be printed. Winnifred B. Coffin; which w&.s read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. LEGAL-TENDER NOTES FOR CUSTOMS DUES. - ISABELLA J. RAMSDELL. 1\Ir. HASELTINE also introduced a joint resolution (H. R. No. 164) to make legal-tender notes receivable for customs dues; which was Mr. RICE, of Massachusetts, introduced a bill (H. R. No. 5099) read a first and second time, referred to the Committee on Ways and granting a pension to Isabella J. Ramsdell; which was read a first Means, and ordered to be printed. and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. SILVER CERTIFICATES. CATHARINE JOHNSON. :l!Ir. CASSIDY introduced a bill (H. R. No. 5111) to authorize th.e Mr. HEILMAN introduced a bill (H. R. No. 5100) for the relief of issuing of silver certificates of certain denominations; which was Catharine Johnson; which was read a first and second time, referred read a first and second time, referred to the Committee on Banking to the Committee on Invalid Pensions, and ordered to be printed. and Currency, and ordered to be printed. ' FRANCIS T. NICHOLS. JAMES ARKELL, BENJAMIN SMITH, AND ADAM SMITH. Mr. RICH (by request) introduced a bill (H. R. No. 5101) granting 1\Ir. WEST introduced a bill (H. R. No. 5112) for the relief of a pension to Francis T. Nichols; which was rea.d. a first and second James Arkell, Benjamin Smith, and Adam Smith; which wa-s read time, referred to the Committee on Invalid Pensions, and ordered to a first and second time, referred to the Committee on Patents, and be printed. ordered to be printed. POLYGAMY. JAMES ARKELL .llo."'D BENJAMIN SMITH, Mr. WILLITS presented a concurrent resolution of the Legisl:l.ture Mr. WEST also introduced a bill (H. R. No. 5113) for the relief of of the State of Michigan relative to polygamy in the Territories; James Arkell and Benjamin Smith; which was read a first and sec­ which was referred to the Committee on the Judiciary. ond time, referred to the Committee on Patents, and ordered to be JACOB NIX. printed. Mr. STRAIT introduced a bill (H. R. No. 5102) granting a pension ARMY BADGES. to Jacob Nix; which was read a first and second time, referred to the Mr. McCOOK introduced a. bill (H. R. No. 5114) to amend section Committee on Pensions, and ordered to be printed. 1:l27 of the Revised Statutes; which was read a first and second time, MARGERY NIGHTENGALE. referred to the Committee on Military Affairs, and ordered to be printed. 1\Ir. STRAIT also introduced a bill (H. R. No. 5103) granting a pen­ sion to Margery Nightengale; which was read a fiist and second IMMIGRATION. ,. time, referred to the Committee on Invalid Pensions, and ordered to Mr. VAN VOORIDS introduced a bill (H. R.No. 5115) to regulate be printed. immigration; w hlch was read a first and second time, referred to the REGULATION OF STEAM-VESSELS. Committee on Foreign Affairs, and ordered to be printed. Mr. WASHBURN introduced a bill (H. R. No. 5104) to amend sec­ FISH-HATCHING PATENTS. tion 4414, chapter 1, title 52, Revised Statutes, concerning the regu­ Mr. VAN VOORHIS also introduced a bill (H. R. No. 5116) to ex­ lation of steam-vessels; which was read a first and second time, tinguish Seth Green's patJSnts relating to fish-hatching, for the benefit referred to the Committee on Commerce, and ordered to be printed. of the people of the United States; which was read a. first and sec­ I • JAMES E. SANBORN. ond time, referred to the Committee on Patents, and ordered to bo Mr. DUNNELL introduced a bill (H. R. No. 5105) to rerate the printed. pension of James E. Sanborn; which was read a first and second MANAGER.S OF NATIONAL HOMES FOR DISABI.JID SOLDIERS. time, referred to the Committee on Invalid Pensions, and ordered to Mr. V ANVOORHISalsointroducedajoiiltresolution(H.R. No.165) be printed. appointing Lewis B. Gunckel, James S. Negley, and John A. Martin EMORY WILLIAMS. managers of theNational Military Homes for Disa bled Soldiers; which 1\Ir. DuNNELL also introduced a bill (H. R. No. 5106) to restore was read a first and second time, referred to the Committee on Military to the pension-roll the name of Emory Williams; which was read a Affairs, and ordered to be printed. first and second time, referred to the Committee on Invalid Pensions, WILLIAM SHELLEY. and ordered to be printed. Mr. BLISS (by request) introduced a bill (H. R. No. 5117) granting SUFFERERS BY MISSISSIPPI OVERFLOW. an increa-se of pension to William Shelley; which was read a first Mr. HOOKER introduced a joint resolution (H. R. No.163) for the and second time, referred to the Committee on Invalid Pensions, and relief of sufferers by the overflow in the Mississippi Valley ; which ordered to !Je printed. was ren,d a first and second time. ELIZABETH WEINSTEIN. 1\fr. HOOKER. I ask that the joint resolution be read at length. . Mr. KETCHAM introduced a bill (H. R. No. 5118) granting a. pen­ The joint resolution was read. sion to Elizabeth Weinstein; which was rean a first and second time, Mr. HOOKER. I desire to inquire oftheChairwhether I can ask referred to the Committee on Invalid Pensions, and ordered to bo for an immediate consideration of the resolution at this time. printed. ·

) I 1882. CONGRESSIONAL RECORD-HOUSE. 1841

JOSIAH l\1. WHIT1\"'EY1 JR. CHARLES H. LIGHT. Mr. BELMONT introduced a bill (H. R. No. 5119) for the relief of Mr. TAYLOR also iutroduceda bill (H. R. No. 5126) grauting a pen­ the family of Josiah :M. Whitney, jr., deceased; which was read a sion to Charles H. Light; which was read a first and second time, fir t and second time, referred to the Committee on claims, and referred to the Comnuttee on Invalid Pensions, and ordered to ue i:>rclered to be printed. printed. NATURALIZATION. 1\IO:NUMEXI' AT WY~"'DOT MISSION, OHIO. Mr. BELMONT also submitted the following resolut ion; which was Mr. GEDDES introduced a joint resolution (H. R. No. 167) relative referred to the Committee on the Judiciary: to the erection of a monument atWyandot Mission, Upper Sandusky, Resolved, That the Committee on the Judiciary be directed to inquire andre· Ohio· which was read a first and second time, referred to the Com­ port, by bill or otherwise, what legislation, if any, is needed to encourage and mittee on the Library, and ordered to be printed. protect the naturalization of aliens who desire to become in good faith American ciloli zens ; also what legislation, if any, is needed to secure in naturalization pro· l\lASOXIC RELIEF ASSOCIATIO~. ceeclings a due and careful judicial ascertainment and record of all the fa.cts on Mr. NEAL (by request) introduced a bill (H. R. No. 5127) to amend tile e ~-istence of which naturalization is or may by law be permitted; also what legislation, if any, is needed to Frevent improper interference by election officers an act entitled "An act to incorporate the Masonic Mutual Relief or otllor persons in any State o the Union with the right of a naturalized citizen Association of the District of Columbia;" which was read a first and to Yote. being entitled thereto by a judgment of natur-alization that has not been second time, referred to the Committee on the District of Columbia, ,-acatod or set aside, or otherwise impeached by a competent court. and ordered to be printed. ESTATE OF JOSEPH L. LEWIS, DECEASED. CHARLES EWL'\'G. Mr. ROBINSON, of New York, submitted the following re olution; Mr. !\TEAL also presented a resolution of inquiry relative to the which was referred to the Committee on the Judiciary: claim of Charles Ewing upon the 0 age Indians to the Secretary of Wbereas Joseph L. Lewis, deceased, formerly of the city of Hoboken, State of the Treasury ; which was referred to the Committee on Indian Affairs. New Jersey, by his will dated 1st October, 1873, and a coOJcil thereto dated 5th • June, 1875, beqneatlled certain legacies amounting in all to about forty thousand ROBERT PATTERSON. dollars, nml devise«l and bequeathed the residue of his estate, real and personal, now estimated to be of the value of one million of dollars and upwards, unto his l\Ir. LEEDO)f introduced a bill (H. R. No. 5128) to reimburse executors therein named, in trust to apply the same a~rlling to their discretion Robert Patterson, postmaster at Adelphi, Ross County, Ohio; which in reducinf! pa.rt. of the national debt of the United States, they personally super­ was read afirstandsecontl time, referred to the Committee on Claim.~, intending such application in order to prevent waste by dishonest o~cialS; and and ordered to be printed. Wilereas tlle said will and codicil are now the subject of conteStation in the courts of the State of New Jersey by Frances Grace and Catharine G. Ward, claim­ MARTITA ALLE :N LACKl\IAt"'i. ing as tlle Rnrnving sisters, aml J obn S. Cathcart as the nephew of Joseph L. Lewis, in which the Go,·ernment of the United States has been, and is, represented by l\fr. ATHERTON introduced a bill (H. R. No. 5129) granting a pen­ legal co.usel; and it is further claimed that said bequest is void, and that the tes­ sion to Martha Allen Lackman; which was read a fhst and second tator had no power to dispose of his said property by his said will in derogation of time, referred to the Committee on Invalid Pensions, and ordered to a. prior deed of tluRt; and be printed. Whereas it was thereupon enacted by the Senate and Rouse of Representa­ tives of the United States of America in Congress assembled that the Attorney­ J. S. WINDSOR. General and Secretary of tile Treasury are hereby authorized, if they see fit, to Mr. MOREY introduced a bill (H. R. No. 5130) granting a pension adjust or compromise the claims of the United States under the said devise or to J. S. ·windsor; which was read a first and second time, referred bequest, upon such terms and conditiona as shall be deemed by them fair and rea­ sonable: Therefore, to the Committee on Invalid Pension~:~, and ordered to be printed. Resolved, That tile Attorney-General be directed to report to this House whether LOUISA BODDY. any compromise has been made or recommended in the said case, and what recom­ mendations ha.>e been made, and by whom; and, if any compromise has been made Mr. GEORGE introduced a uill (H. R. No. 5131) for the relief of or recommend ell tilerein, what the terms and conditions of said compromise were, Louisa Boddy; which was read a fir t and second time, referred to and how the said estate was, or was recommended to be, divided, and what charges the Committee on Indian Affairs, and ordered to be printed. or expenses have been or were agreed or recommended to be paid, and to whom and for what services or reasons, and generally all other matters of record in his SDIS J. ELY. office in relation to said suit and its compromise. 1\Ir. GEORGE also introduced a bill (H. R. No. 5132) for the relief PUBLIC BUILDING AT TROY, NEW YORK. of Sims J. Ely; wruch was read a first and second time, referred to Mr. 'V.A.L TER A. WOOD introduced a bill (H. R. No. 5120) for the the Committee on Claims, and ordered to be printed. e1·ection of a public building at Troy, New York; which was read a LEAVITT LETTER-CANCELING MACHINE. first and second time, referred to the Committee on Public Buildings and Grounds, and ordered be printed. Mr.BINGH.Al\1 (by request) introduced a bill(H. R. No. 5133) author­ to izing the Postmaster-General to purchase and adopt the Leavitt let­ ELIZABETH PROVOST. ter-canceling and postmarking machine; which was read a first and :Ur. HUTCHINS introduced a bill (H. R. No. 5121) granting a pen­ second time, referred to the Committee on the Post-Office and Post­ sion to Elizabeth P1·ovost; which was read a first and second time, Roads, and ordered to be printed. referred to the Committee on Invalid Pensions, and ordered to be SA.RAH E. BROOKS. printed. l\Ir. W .ARD introduced a bill (H. R. No. 5134) granting a pension l\!O~UMENT TO CAPTORS OF ANDRE. to Sarah E. Brooks; which was read a first and second time, referred l\fr. HUTCHINS also introduced a bill (H. R. No. 5122) for amon­ to the Committee on Invalid Pensions, and ordered to be printed. ument in honor of the captors of Andr6; which was read a first and second time, referred to the Committee on the Library, and orclere(l JOSEPH A. COONS. to be printed. Mr. CAMPBELL introduced a bill (H. R. No. 5135) O'ranting a pen­ POLYGAMY. sion to Joseph A. Coons; which was read a first and second time, Mr. COX, of North Carolina, introduced a joint resolution (H. R. referred to the Committee on Invalid Pensions, and ordered to be No. 166) to amend the Constitution of the United States to prevent printed. polygamy or bigamy within the United States; which was read a l\IARY R. YEAGER. first and second time, referred to the Committee on the Judiciary, Mr. CAMPBELL also introduced a bill (H. R. No. 5136) granting a and ordered to be printed. pension to Mary R. Yeager; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be NAVAL OFFICF..RS O:N DUTY AT ALASKA. printed. l\Ir. YOUNG submitted the following resolution; which was re­ PAUL WALKER. ferred to Jle Committee on Naval Affairs: Mr. CilfPBELL al o introduced a bill (H. R. No. 5137) granting Resolved, That the Secretary of the Navy be directed to communicate to this House, as far a.

.AIUIY PERMITS, ETC. relief of Jes e Humphreys; which was read a first and second time., Mr. SPOONER alsg introduced a bill (H. R. No. 5141) authorizing referred to t!1e Committee on War Claims, and ordered to be 11ri ntecl. reeruits in the .A:rmy to purchase on credit certain articles necessary B. F. YOE. for their cleanliness and comfort; which was read a first and second 1\Ir. PETTIBONE also introduced a bill (H. R. No. !l160) for the time, referred to the Committee on Military Affairs, and ordered to relief of B. F. Yoe; which was read a first and second time, referred be printed. to the Committee on War Claims, and ordered to be printed. ?.ULLIA STAPLES. JOHN D. RILEY. Mr. HOUK introduced a bill (H. R. No. 5142) for the relief of Millia 1\Jr. PETTIBONE ul o introduced a bill (H. R. No. 5161) for the Staples; which was read a first and second time, referred to the Com­ relief of the estate of John D. Riley, deceased ; which was read a mittee on Invalid Pensions, and ordered to be printed. first and second time, referred to the Committee on War Cla.ims, and JONITHAN TOBEY. ordered to be printed. Mr. HOUK also introduced a bill (H. R. No. 5143) for the relief of SARAH S. HE~"DERSON. J ouithan Tobey; which was read a first and second time, referred to Mr. PETTIBONE also introduced a bill (H. R. No. 5162) for tho the Committee on \Var Claims, and ordered to be printed. relief of Mrs. Sarah S. Henderson, formerly Samh S. Cox; which was read a .first and second time, referred to the Committee on \V ar JO~ GAMBLE. Claims, and ordered to be printed. Mr. HOUK also introduced a bill (H. R. No. 5144) for the relief of John Gamble; which was read a first and second time, referred to the JA..,IES WHITE. .Committee on War Claims, ann ordered to be printed. 1\Ir. PETTIBONE also introduced a bill (H. R. No. 5163) for the relief of Jame White; which was read a first and econd time, re- LA FAYETTE HUDDLESTO~. ferred to the Committee on \Var Claims, and ordered to be printed. Mr. HOUK al1:1o introduced a bill (H. R. No. 5145) for the relief of La Fayette Huddleston; which was read a first and second time, re­ MARY L. P. HAl\IILTON. ferred to the Committee on War Claims, and ordored to be printed. Mr. PETTIBONE also introduced a bill (H. R. No. 5164) for the relief of Mary L. P. Hamilton; which was read a first and second JOHNS. SPANGLER. time, referred to the Committee on Invalid Pen ions, and ordered to Mr. HOUK also introduced a bill (H. R. No. 5146) for the relief of be printed. • John S. Spangler; which was read a first and second time, referred WILLIAM STU,Z. to the Committee on War Claims, and ordered to be printed. 1\lr. PETTIDO~ also introduced a bill (H. R. No. 5165) to remove THOMAS J. POWELL. the charge of de ertion against William Stilz; which was read a fir t 1\!r. HOUR also introduced a bill (H. R. No. 5147) to pay Thomas and second time, referred to the Committee on Military Affairs, and J. Powell for property taken at Knoxville, Tennessee; which was ordered to be printed. read a first and second time, referred to the Committee on War Claims, BARBARA A. SHORT. and ordered to be printed. 1\Ir. PETTIBONE also introduced a bill (H. R. No. 5166) grantinO' ELIZABETH MOSS. a pension to Barbara A. Short; which was read a first and second Mr. HOUK also introduced a bill (H. R. No. 5148) for the relief time, referred to the Committee on Invalid Pensions, and ordered to of Elizabeth Moss; which was read a first and second time, referred be printed. to the Committee on War Claims, and ordered to be printed. JOHN D. IARSHAJ,L. G. S. DAVIS. Mr. PETTIBONE also introduced a bill (H. R. No. 5167) for the relief of John D. Marshall; which was read a first and second time, 1\ir. HOUK also introduced a bill (H. R. No. 5149) for the relief of referred to the Committee on Invalid Pensions, and ordered to be G. S. Davis; which was read a first and second time, referred to the printed. Committee on War Claims, and ordered to be printed. R. R. ROBINSON. WILLIAM P. LOWERY. Mr. PETTI.BONE also introduced a bill (H. R. No. 5168) for the Mr. HOUK also introduced a bill (H. R. No. 5150) for the relief of relief of R. It. Robinson; which was read a first and second time, William P. Lowery; which was read a first and second time, re­ referr d to the Committee on Ways and Means, a.nd ordered to be ferred to the Committee on Claims, and ordered to be printed. printed. THOliAS J. PROSISE. TESTDIONY L~ CO:NTESTED ELECTIO)l' CASES. . 1\lr. HOUK also introduced a bill (H. R. No. 5151) for the relief of Mr. PETTIBONE also introduced a bill (H. R. No. 5169) author­ Thoma-s J. Prosise ; which was read a first and second time, referred izing commis ione.rs of the circuit courts of the United States to take to the Commi"";tee on \Var Claims, and ordered to be printed. te timony in the cases of contested elections of members to the House MARTHA TURNER. of Representatives; which was read a first and second time, referred to the Committee on Elections, and ordered to be printed. Mr. HOUK also introduced a bill (H. R. No. 5152) for the relief of Martha Turner; which was read a first and second time, referred to JOSEPH R. GIBSON. the Committee on War Claims, and ordered to be printed. 1\lr. PETTIBONE also introduced a bill (II. R. No. 5170) grantin~ REPRESENTATIVES OF SARAH L. M'FARLAND. a bounty to Joseph R. Gibson; which was read a first and second time, referred to the Committee on War Claims, and ordered to be Mr. HOUK also introduced a bill (H. R. No. 5H>3) for the relief of printed. the personal representatives of Mrs. Sarah L. McFarland, deceased; lliPROVE~IENTS OF J\IE~IPHIS IIARBOR. which was read a first and second time, referred to the Committee on War Claims, and ordered to be printed. 1\Ir. MOORE introduced a bill (H. R. No. 5171) making an appro­ priation for continuing the improvements of Memphis Harbor, State LEWIS KE};'~DY. of Tennessee; which was read a first and second t.ime, referred to Mr. HOUK also introduced a bill (H. R. No. 51fi4) for the relief of the Committee on Commerce, and ordered to be printed. Lewis Kennedy; which was read a first and second time, referred to JACKSON COUNTY,TE~~TESSEE. the Committee on Invalid Pensions, and ordered to be printed. Mr. Mc~llLLIN introduced a bill (H. R. No. 5172) for the relief of 1ADISON TRENT. Jackson County Tennessee; which was read a first and second time, Mr. PETTIBONE introduced a bill (H. R. No. 5155) for the relief referred to the Committee on War Clnims, and ordered to be printed. of Madison Trent; which was read a first and second time, referred MAGGIE A.. ELLIOTT. to the Committee on War Claims, and ordered to be printe«l. 1\Ir. McMILLIN also introduced a bill (H. R. No. 5173)fort.herelief JAMES O'BRIE~. of Mrs. Maggie A. Elliott; which was read a .first and second time, Mr. PETTIBONE also introduced a bill (H. R. No. 5156) for the referred to the Committee on \Var Claims, and ordered to be printed. relief of James O'Brien; which was read a first and second time, referred to the Committee -on Claims, and ordered to be printed. THAD BUTLER. 1\lr. STEELE introduced a bill (H. R. No. 5174) authorizing the l\1INTER P. KEY. Secretary of the Treasury to settle tb~ accounts of Thad ButJer; Mr. PETTIBONE also introduced a bill (H. R. No. 5157) making which was read a first and second time, referred to the Committee an appropriation to test a Rystem of fortification devised by Minter on Inclian Affairs, and ordered to be printed. P. Key; which was read a first and second time, referred to the Com­ HE~Y W. MARTL.~. mittee on Military Aft'a.irs, and ordered to be printed. Mr. UPSON (for Mr. DAVIS, of :Missouri) introduced a bm (H. R. JAMES F. CULLE~. No. 5175) for the relief of Henry \V. Martin, late of Company B, 1rlr. PETTIBONE also introduced a bill (H. R. No. 5158) for the Twelfth Michigan Infantry; which was read a first and second time, relief of James F. Cullen; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be referred to the Committee on Invalid Pensions, and ordered to be printed. prjnted. LAND TITLES IN 1\.IISSISSIPPI. JESSE HUMPHREYS. Mr. \VELLBORN (by request) introduced a bill (H. R. No. 5176) 1\Ir. PETTIBONE also introduced a bill (H. R. No. 5159) for the to qniet land titles in the State of Mississippi; which was read a :first 1882. CONGRESSIONAL RECORD-HOUSE. 1843 and second time, referred to the Committee on the Judiciary, and J. MADISON WELLS. ordered to be printed. Mr. FORD (by request) introduced a bill (H. R. No. 5191) for the CLERKSHIPS IN PENSION BUREAU. relief of J. Madison Wells; which was read a first and second time, Mr. JOYCE submitted the following resolution; which was read referred to the Committee on War Claims, and ordered to be printed. and referred to the Select Cemmittee on the Payment of Pensions, ELIZABETH WARD. Bonn ty, and Back Pay : Mr. BLAND introduced a bill (H. R. No. 5192) granting a. pension R~olved, That the Secretary of the Interior be, and he is hereby, requested t.o fnrnish this House the names of all persons appointed to clerkships in the Pension to Elizabeth Ward; which was read a first :md second time, referred Bureau since April 1, 1881, with the names of person or persons by whom they to the Uommittee on Invalid Pensions, and ordered to be printed. were recommended, and from where appointed; also to which class or classes of clerksbips said persons so appointed we1·e assigned in said Pension Bureau. PRIVATE LA~"'D CLAIM IN NEW MEXICO. A.l.'IELIA R. WEBSTER. Mr. VALENTINE introduced a bill (H. R. No. 5193) to confirm a certain private land-claim in the Territory of New Mexico; which Mr. HUMPHREY (for Mr. PoUND) introduced a bill (H. R. No. was read a first and second time, referred to the Committee on Pri­ 5177) granting a pension to Mrs. AmeliaR. Webster; whieb was read vate Land Claims, and ordered to be printed. a first and second time, referred to the Committee on Invalid P en­ t~ions, aud ordered to be printed. POLYGAMY. STOCKBRIDGE INDIANS IN WISCONSIN. Mr. HISCOCK. I ask nnanimous consent to have printed in the Mr. DEUSTER introduced a bill (H. R. No. 5178) to repeal the act RECORD a communication which I have received upon the Mormon of March 3, 1843 ; which was read a first and second time, referred question, and that it be referred to the Committee on the Judiciary. to the Committee on Indian Affairs, and ordered to be printed. There was no objection, and it was ordered accordingly. The communication is as follows: LAFAYETTE BROCKWAY. SYRACUSE, February 22, 1882. Mr. DEUSTER (by reqoest) also introduced a bill (H. R. No. 5179) DEAR Sm: .A large and earnest citizens' meeting was hold last Monday evening in Shakspearo Hall, of this city, to give expre sion to the public sentiment of this to increase the pension of Lafayette Brockway; which was read a community against polygamy in Utah. Resolutions were unanimously passed, first and second time, referred to the Committee on Invalid Pensions, which are apponded, and, in accordance with a vote of the meeting, are h01·eby an.d ordered to be printed. forwarded to you. DAVID SEUTZ. Yours, respectfully. CHAS. ANDREWS. Mr. TALBOTT introduced a bill (H. R. No. 5180) granting a pen­ Ohairman of meeting. sion to David Sentz; which was read a first and second time, referred NELSON MILLARD, to ihe Committee on Invalid Pensions, and ordered to be printed. GEO.· N. KENNEDY, J. G. K. TON.AIR, ALEXANDER M. TEMPLETON. Oom.mittee on .Resoluticns. Hon. FRAXK HiscocK. Mr. TALBOTT also introduced a bill (H. B. No. 5181) for the relief of Alexander M. Templeton; which was read a first and second timo, Whereas a community known as Mormons have long lived in one of the Terri. tories of the United States in the open practice of polygamy; and referred to the Committee on War Claims, and orderedJio be printed. Whereas they have resisted the measures institutoa by the United States au. TRANSFER OF GOVERNMENT PROPERTY. thorities for the suppression of this nnbwful and immoral practice, and still main­ tain .1n attitude of insubordination and defiance that is utterly incompatible with Mr. OURY introduced a bill (H. R. No. 5182) to provide for tbe good order and with the supremacy of tbe General Ge PRIVATE LAND CLAIMS IN NEW MEXICO. in Congress at Washington. Mr. LUNA introduced a bill (H. R. No. 5184) to confirm certain :Mr. COX, of North C!l.rolina. I ask unanimous consent that the private laud claims in the Territory of New Mexico; which was read joint resolution introduced by me this morning be printed in the a first and second time, referred to the Committee on Private Land RECORD. Claims, and ordered to be printed. There was no objection, and it was so ordered. LAND GRANTS IN NEW MEXICO. The joint resolution is as follows : Mr. LUNA also introduced a bill (H. R. No. 5185) to confirm certain Whereas our civilization is distinguishe.d by its respectforthepurity of woman and the preservation of the sacred boncls of matrimony; and land-grants in the Territory of New Mexico; which was read a first Whereas the evils of polyj!:amy cannot be!revented in the States except by an and second time, referred to the Committee on Private Land Claims, amendment of the Constitution of the Unite States: Therefore, and ordered to be printed. Be it resolved, That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, F. W. POSTHOFF. when ratified by three.fourths of said Legislatures, shall be valid to all intents and Mr. LUNA also introduced a bill (H. R. No. 5186) for the relief of purposes as a pa~·t of said Constitution: F. W. Posthoff; which wa.a read a first and second time, referred to ARTICLE XVI. the Committee on War Claims, and ordered to be printed. SECTIO::-< 1. Neither polygamy nor bigamy shill exist within the United States or any place subject t.o the .fudsdiction of the same; and no person convicted of ARTMIAN WELLS L.~ NEW MEXICO. the crime of polygamy or bigamy shall be eligible to any office under the United Mr. LUNA also introduced a bill (H. R. No. 5187) to provide for States or any State, or be qualified as a voter in any State, Tenitory, or other the boring of artesian wells in tho Territory of New Mexico; which place within the jurisdiction of the United St.1.tes. SEc. 2. Congress shall have power t.o enforce the provisions of this article by all was read a first and second time, referred to the Committee on appropxiate legislation. Appropriations, and ordered to be printed. OFFICERS OF THE NAVY. LOSSES BY INDIAN DEPREDATIONS. :Mr. HENDERSO:N introduced a bill (H. R. No. 5194) to equalize Mr. BRENTS introduced a. bill (H. R. No. 5188) to provide for the the pay of the officers of theNa vy; w hicb was read a first and second appointment of commissioners to ascertain and report losses sustained time, referred to the Committee ou Naval Affairs, aud ordered to be by citizens of the United States and by Indians by reason of depre­ printed. dations ; which was read a first and second time, referred to the Com­ SUFFERERS BY THE ~IISSISSIPPI OVERFLOW. mittee on Indian Affairs, and ordered to be printed. Mr. YOUNG. It will be remembered that a short time since the WEST WASHINGTON IMPROVEMENT COMPA..~Y. gentleman from Mississippi [Mr. HOOKER] introduced a. joint reso­ Mr. BRENTS also introduced a bill (H. R. No. 5189) granting the lution to appropriate money for the relief of the peopl~ rendered des­ right of way over the public lands to the Eastern Wa.ahington Devel­ titute by the devastatjon of the floo

Ri~er below the mouth of the Ohio, occasioned by the unprecedented floods now the construction of a light-house on Ram I!:!lanu, Booth Bay Harbor, devastating that territory; and Whereas common humanity demands that such terrible suffering should be alle­ on the coast of l\faine; which was read a first and second time, viated as far as possible: Therefore, 1·eferred to the Committee on Appropriations~ anu, with the accom­ Resolved by the Oincinnati Oham1Jer of Oommerce, That the Senators and Repre­ panying report, ordered to be printed. sentatives in Congress from the State of Ohio be requested to favor appropria­ tions by the Government immediately, for the purpose of supplying the inhabi­ PETER CAMPBELL. tants ot' the inundated territory with such rations as may be nece sary to supply Mr. MURCH, by 1manimons consent, introduced a bill (II. R. No. immediate needs; the same to be distributed under the directions of the Secretary 51!J7) granting a pen~:~ion to Peter Campbell; which was read a first of War. Resolved, That a copy of this_preamble and re olutions be transmitted to each and second time, referred to the Committee on Invalid Pensions, antl Senator and Representative in Congress from this State. oruered to Le printed. HENRY C. URNER, President. • JOHN H. LONG, Secretary. . REPORT OF BOARD OF MEDICAL EXPERTS. :hh'. YOUNG. If it is in order I would respectfully request this :htr. HERNDON, by unanimous· consent, introduced a joint re o­ House to take up the resolution introduced by the gentleman from lution (H. R. No. 168) to print the report of the board of medical Mississippi and act upon it at this time. If it is to be of any service experts, and appropriating money therefor; which was read a. first to these people it should be acted on at once. and second time, refeiTed to the Committ-ee en Printing, and onleretl Mr. CHALMERS. If the gentleman will allow me a moment, I to be printed. would suggest to him to ask consent that the Committee on Military TREASURY RECEIPTS AND EXPKl\'"DITURES, 1 75. Affairs, to which, I believe, the joint resolution was referred, be dis­ 1\Ir. KELLEY. I a k unanimous consent to report from the Com­ charged from its further consideration and that it be at once pa sed. mittee on Ways ancll\Ieans a resolution for the printing of the stat-e­ Mr. YOUNG. I do not know to what committee the joint reo­ ment of receipts and expenditures of the Gov-ernment for the fi cal lution was referred. I presume it would go to the Committee on year ending June 30, 1875. Gentlemen, by looking at la-st Tuesday's Appropriations. . RECORD, will see that the Treasury Department has called the atten­ Mr. CHALMERS. It was introduced this morning by my colleague, twn of the Hou e to the neglect to print this valuable paper. [Mr. HOOKER.] There being no objection, the following resolution, reported by The SPEAKER. That joint resolution was referred to the Com­ :htr. KELLEY from the Committee ou Wa.ys and Means, was read, mittee on Appropriations. considered, and agreed to : 1\tr. HISCOCK. A resolution was referred the other day to the · Resolved, That the statement of receipts anti expenditures of tho Government Committee on Appropriations, anu the one introduce

bill (H. R. No. 2355) in relation to vessels operated by steam navi- have been rendered as local mail agent at Meridian, Mississippi, in gating the Ohio River; which was placed on the House Calendar, and 1872; ancl the same was refo~ eli l;o the Committ,ee on Claims. the accompanying report ordered to be printed. l\IAUl\IEE LIGHT-HOUSE. HARBOR OF NEW YORK. Mr. TOWNSEND, of Ohio, from the Committee on Commerce, re- Mr. RICHARDSON, of New York, from the Committee on Com- ported back the bill (H. R. No. 4068) making an appropriation for ruerce, reported back the bill (II. R. No. 1132) inrelation totheport the erectionofalightandrange beaconsat theturn ofthechanneliu and harbor of New York and the waters near the same; which was Maumee Bay, in the State of Ohio; which was referred to the Com­ referred to the House Calendar, and, with the accompanying report, mittee on Appropriations, and the accompanying report ordered to ordered to be printed. be printed. HRIDGE ACROSS THE 11ITSSOURI RIVER. JA:MES ROGERS. Mr. 'VASHBURN, from the Committee on Commerce, reported l\fr. SPRINGER, by unammous consent, introduced a bill (H. R. back the bill (S. No. 308) to authorize the construction of a bridge No. 5202) granting a pension to James Rogers; which was read a ttcross the Missouri River at the most accessible point within five first and second time, referred to the Committee on Invalid Pensions, miles above the city of Saint Charles, Missouri; which was referred to and ordered to be printed. the Committee of the Whole on the state of the Union, and, with the ' SPEAKER's TABLE. accompanying report, ordered to be printed. Mr. HASKELL. I now move, 1\Ir. Speaker, the House proceed to ASSAY OFFICE AT DEADWOOD. the consideration of the business upon the Speaker's table for the Mr. ROSECRANS, from the Committee on Coinage, Weights, and pm·pose of reaching and -taking up the Senate polygamy bill. Measures, reported back the bill (H. R. No. 1887) to establish an The motion was agreed to. assay office at Deadwood, in the Territory of Dakota.; which was ~TRODUCTIO~ OF CO~AGIOUS A.t~D Th"'FECTIOCS DISEASES. referred to the Committee of the Whole on the state of the Union, The SPEAKER, by unanimous consent, laid before the House the and, wit.h the accompanying report, ordered to be printed. following message from the President of the United States; which HEJ\TRY o. WAGGOJ\"'ER. was read, and, with the accompanying papers, referred to the Com­ mittee on the Public Health, and ordered to be printed: Mr. 'VALKER, ft·om the Committee on Foreign Affairs, reported To the Senate and House of Representatives: _, back the bill (H. R. No. 4246) to pay the creditors of the late Henry I transmit herewith a communication from the President of the National Board 0. Waggoner, late consular clerk at Lyons, France; which was of Health, calling attention to the necessity for additional legislation to prevent referred to the Committee of the Whole House on the Private Cal- the introduction of contagious and infectious diseases int.o the United States from endar, and, with the accompanying report, ordered to be printed. foreign countries. The subject is commended to the careful consideration of Con- gress. SCHOOL LANDS, CALIFOR~""IA. CHESTER A. ARTHUR. EXECUTIVE MA..~SJON, March 13, 1882. lir. SPOONER, from the Committee on Military Affairs, reported back with an amendment the bill (H. R. No. 77) to donate certain CL.All:l OF MRS. VAN ZA.t~DT. military lands and possessions in the county of Inyo, State of Cali­ The SPEAKER also, by unanimous consent, laid before the House fornia, for school purposes; which was referred to the Committee of a letter from the Secretary of the Treasury, transmitting, in re ponse tke Whole on the state of the Union, and, with the accompanying to a House resolution of the 14th ultimo, the reports of the Second report, ordered to be printed. Comptroller in the claim of Mrs. Van Zandt ; which was referred to the Committee on War Claims. CAMP INDEPEND~CE, CALIFORJ\"'"IA. POL YGA.3:1Y ETC. Mr. SPOONER also, from the same committee, reported back the 1 bill (H. R. No. 78) for the relief of certain citizens of the United The SPEAKER. The Chair will state that on the 8th of March St.ates and occupants of lands within one mile of the military post the House was considering business on the Speaker's table. When of Camp Independence, lnyo County, California, with the recom­ Senate bill No. 353, to amend section 5352 of the Revised Statutes of mendation that it be laid on the table, as it is covered by the pre­ the United States, in reference to bigamy, and for other purposes, ceding report. was reached, a point of order was made against it by the gentleman The bill was laid on the table. from Ohio, [.Mr. CONVERSE,] which point of urder is still pending. Mr. CONVERSE. I desire to call the attention of the Chair to a POSTM~TERS' SALARIES. decision embracing the same point which I understand to ue em­ Mr. MOREY, from th~ Committee on the Post-Office and Post­ braced in this. I find it in volume 3 of the RECORD of 187~P74, parre Roads, reported~ as a substitute for House bill No. 853, a bill (H. 1961, and I will ask the Clerk to read the statements made by~£.. R. No. 5200) authorizing and directing the Postmaster-General to McKee, l\Ir. GEORGE F. HoAR, and others in relation to the subject, readjust the salaries of certain postmasters in accordance with the and the rulings of Speaker Blaine upon the same point. provision of section 8 of the act of June 12, 1866; which was read a I desire a.lso m that connection to call the attention of the Speaker first and second time, referred to the Committee of the Whole on the to the language of the present rule as compared wjth that in force state of the Union, and, with the accompanying report, ordered to :tt the time the decision tow hich I refer wat> made by Speaker Blain , be printed. to show the fact that the language of the present rule is even broader INDIAN RESERVATIONS TIMBER. than that upon which the decision was ba-sed. .Mr. BLANCHARD, from the Committee on Indian Affairs, reported I desire also to call attention to the fact that the bill now before a bill (H. R. No. 5201) authorizing the cutting and sale of dead and the House on the Speaker's table provides for the appoinj;ment of fallen timber upon India» reserv~ions under the direction of the five commissioneriS, who are to l>e appointed by the President of the Department of the Interior; which was read a first and second t.ime, United States, with t.he advice and consent of the Senate. Their referred to the Committee of the Whole on the state of the Union, salary is fixed in the bill at $3,000 each per annum. 'fhe bill pro­ and, with the accompanying report, ordered to be printed. vides what dnties they are to perform. They are to register the voters in that Territory, to conduct the election there, to count the votes, P. B. PERRY, SR. and to give certificates of election, which certificates a.re to be final. Mr. STEELE, from the Committee on Invalid Pensions, reported It was snggeRted by some one the other day, when this subject was back the bill (S. No. 228) granting a pension to P. B. Perry, sr.; up, that this bill did not provide for the payment of these colDlllis­ which was referred to the Committee of the Whole Honse on the sioners out of the Treasmy of the United States, hut it was intimated Private Calendar, and, with the accompanying report, ordered to that the salaries were to be left to be paid out of the treasuries f the be printed. Territories. I hardly think, sir, that such a position will be seriously DICEY BOBBITT. maintained, or such a claim seriously advocated, for the rea on that Mr. STEEL! also, from the same committee, reported back the bill the Government of the United States cert:tinly cannot appoint offi­ (II. R. No. 2481) for the relief of Dicey Bobbitt; which was referred to cers and fix their salaries unless the Government itself expects to pay the Committee of the Whole House on the Private Calendar, and, the salaries. with the accompanying report, ordered to be printed. -This commission is created and its duties are prescribed by a law of Congress ; the salaries are fixed by ala w of Congress, and of course ANDREW J. HOOPER. the Government has no power to authorize or require theirpaymeut Mr. FULKERSON, from the Committee on Pensions, reported back out of the treasury of the Territory. adversely the bill (H. R. No. 1638) to restore the name of Andrew J. The Speaker will notice also, in connection with the case I ask to Hooper to the pension-roll; which was laid on the table, and the have read from the Clerk's desk, that Speaker Blaine held that the accompanying report ordered to be printed. bill was Rnbject to the point of order, wherever an amendment would PERRY P. WILSON. be germane to the bill, fixing the salary of the appointee of the United States. Mr. MASON, from the Committee on Claims, reported back the I now ask the Clerk to read from the RECORD the rulinfl's and argu- bill (H. R. No. 91) for the relief of Perry P. \Vilson; which was re­ ments to which I have referred. o ferred to the Committee of the Whole House on the Private Calen­ The Clerk read as follvws: dar, and, with the accompanying report, ordered to be printed. EXECUTION OF LAWS nJ UTAH. W. W. WELSH. Mr. McKEE, from the Committee on the Territories, reported back th~ bill (H, R. No. 2204) concerning the execution of laws in the Territory of l tah, and fot Mr. HOUK, from the Committee on War Claims, reported back the other purposes. · Jletition o~ W. W. Welsh, asking compensation for services alleged to The merk proceeded to read the bill, b.ut was interrupted by M::. G. F. HoAU 1846 CONGRESSIONAL REOORD-0 ROUSE. MABen 1H, who said: I~ Mr. MCKEE. Right hse of the rnle is supposed to be violat,ed by it wonlll lle 11erfectly germane to move as an amendment to the bill an appropria­ the point raised by the gentleman from Ohio : tion of a sum of money S1Jecilicall.v fixin~ their sa !aries. The rule which the House i::> 11ow acting tmder, adopted at the begmning of tlili; ::~ession, was intended to en­ All motions or propositions involving a tax or charge upon the people- tirely tlo a wa.\~ with any indirect appropriation from the Treasury; and the Chair Says the first clauseofthisparagraphofRule XXIIL That we brush ~~~!; !~~~1;~1~~ t~~~~~(~ ~=~~irTt~e c~~;etm~~e~l~=~~ ~~~~'S:~~~a~o0 ~h~!· aside without further consideration, merely asserting that that ap­ bill, s'twuld it be consicler'.ld in the House, fl.xiug a specific salary for the officers plies to revenue bills and other bills coming from the Ways and Means autbol'izetl in this bill, woulJ~AKRU. But these offices hall appoint in certain <'ases. It is about to assert itself, as it has the ri~ht to do, as the Legisla­ Mr. GARFIELD. The Committee on ~ppropriations now I'eports appropriations ture of the Territory of Utah. It proposes oy this bill to go into tho 1882. CONGRESSIONAL RECORD-liOUSE. 1847

Territory of Utah (no place else) and to make in Utah (no place receive a salary at the rate of $3,000 per annum, and to continue· in eL<~e) a system of election laws-that is all it proposes-to create office for a certain time here mentioned, be entitled to that salary there an election system, a local election system, an election system from the Treasury of the United States Y so Lroad and comprehensive and so local that you can elect road­ Mr. HASKELL. No, sir; that is just the point I make. overseers under it, and under it you can elect every local municipal Mr. SPRINGER. If we do not make an appropriation to pay thsm officer in the Territory of Utah. There is not an idea of government would not they be entitled to sue in the Court of Claims and recover about it. There is not a Federal idea a Lout it. It is a local election the amount¥ law for the Tenitory of Utah. It repeals a portion of the existing :Mr. HASKELL. Not until the United States by law has adopted laws of Utah and injects into the sta~te that remains these lo~al them as Federal officers. provisions. And in the st~tute that rem:uns ~ep~aled, ~n~ towhich 1\fr. SPRINGER. Are they not adopted as public officers by the 1 desire to call the attentwn of the Speaker, IS th1s provlSlon: creation of their offices by act of Congress f All officers acting in elections- Mr. HASKELL. No. This is a pait of the law of Utah, enacted by the Legislature of ~fr. SPRINGER. The act of Congress alone gives them any legal Utah, not repealed by the proceedings of this body- existence. Mr. HASKELL. Ah! All officers acting in elections in Utah shall be allowed a. reasonable compensa­ 1\fr. SPRINGER. And the President of the United States appoints tion. them, by and with the udvice and consent of the Senate. Now I Now, then, there is the provision distinct and clear for the pay­ wish to ask the gentleman whether these officers have any other ment by the Legislature of Utah of every election officer. T~is bill legal status than that which is dArivecl from the law of Congress simply provides five election officers there, by whose authonty the and from their appointment by the President of the United States; other election officers shall be appointed; and over them and includ­ and whether there is any other body-politic in existence that can be ing fhem all, including our. a-rpointees, ~ thi~ prov;i_sion already i~ required to pay them for their services f existence, unrepealed, providing for therr bemg prud by the Terri­ 1\lr. HASKELL. Certainly. The gentleman seems to be some­ tory of Utah. what confused in his mind as to what the power of Congress in this Now, the case quoted, l\!r. Speaker, is for officers of the Territory bill really is and what the bill really does. appointC(l on behalf of the General Government, officers t.bat are ap­ So far as this bill goes Congress is not legislating for the people of poin tecl in all the Territories, Federal officers, whose teimre of office the United States; Congre sis not muking a general law for the peo­ is subject to the will of the President, whose duty it is to execute ple of the United States; Congre s is not providing for the appoint­ ll1w, Federallaw, in Utah. But this bill does not provide any such set ment of general officer , such as are appointed in all the Tenitories of officers. This bill, unlike the provisions which send there a marshal of the United States. Congre 'S by this bill is taking upon itself its or a o-overnor or a secretary, provides for the execution of the local constitutional power to be the Legislature of Utah. That i-3 what it law gf the Territory. If thesfi five men were duly appointed United is doing in this bill. States officers, if they held their office BUbject to the will of the Pres­ Congress by this bill is within the Territory of Utah reaching down ident, if they were there merely to execute the general Federal law even to municipal corporations and making a law for their action; of all the Territories and all the United States, there would be no acting as its own local authority in that Territory, which it has the other place for them to go except to the Treasury of the United States right to do. Congress has the power to designate any officer in that to get their money. Territory, audit also has the power to provide that that officer shall But there is here this provision making it utterly impossible to be paid out of the funds of the Territory. contemplate these men as Federal officers. What is it 7 It is the pro­ I desire to call the attention of the Speaker to the law of Con9.ress vision that the ~embers of the boarcl so appointed by the President in regard to the penitentiary in Utah. Congress provided ior a shall each receive a salary at the rate of 3,000 per annum, and shall penitentiary in Utah, and also provided for officers of that peniten­ continue in office-how long f tiary. But it left the entire expense of maintaining that penitentiary Shall continue in office until t.he Legislative Assembly of said Territory sh..'lll to the citizens of Utah. The officers of that penitentiary are Federal make provision for filling said offices. officers, every one of them created by Federal law, and the peniten­ By processes directecl by the law their tenure of office is depend­ tiary is authorized by Federallaw. But the whole expense of main­ ent upon the will of the Legislative Assembly of Utah Territory. tainin~ that penitentiary was devolved by Congress upon the citi­ They have reached no further than that, and by the very nature of zens ot that Territory. the duties which they have to perform in that Territory, it will be This bill provides a local election law for Utah. By the laws of ausolutely iinl)Ossible to appoint anyuody but citizens of the Ter­ that Territory, by their own Territorial law, not repealed by this ritory to fill the offices. bill, it is provided that all officers of election in that Territory shall Now, then, Mr. Speaker, we have Lefore us-whatf Actin~ as the receive a reasonable compensation. Now, we have a right to make Legislature of that Territory of Utah, we have a bill directmg the these officers, to create them. They will be officers acting in the payment. of officers subject to the will of the Territorial Legislature, elections of Utah, and their pay is already provided for by the Ter­ clirecting the appointment of officers wh@ enter into only the local ritorial law. municipal a:fl"air , even. of that Territory, men that are appointed to The SPEAKER. The Chair desires to make an inquiry of the d­ Mr. CARLISLE. The gentleman from Kansas certainly does not eral Government will pay or the Territory will pay. 1 say the Ter­ mean to be understood as contending that an act pa.ssed by the Ter­ ritory shall pay this bill, and it will require a subsequent act of Con­ ritorial Legislature of Utah providing for the payment of officers gress to determine that liability. selected under its own authority would remain in force and apply :Mr. CARLISLE. I think I have already answered the gentlem~tn's to the appointment of officers created by an act of Congress which argument and I will not attempt to do so further by answering his last expre ly abolishes the previous officers, and which fixes a compensa­ remarks. I submit that under the practice of this Hou e and tmder tion for the new officers differing entirely from the compensation fixed the plain language of the role the Speaker will be bound to send this by the act of the Territorial Legislature. bill to the Committee of the Whole on the state of the Union, where Mr. HASKELL. Have we not a right to levy ataxY it can have a proper consideration and be open to debate and amend­ Mr. CARLISLE. But you do not say it- ment. Mr. HASKELL. But have we not th~ right f Mr. ROBESON. It is not denied that, if these men are Federal Mr. CARLISLE. There is no doubt of the right to levy a tax. officers to be paid out of the Federal Treasury the bill is liable to the .1'\lr. HASKELL. Then, if w-e have the right and do not repeal the point of order. On the other hand it will not be denied that if they law, do not we have that law still in force f are Territorial officers, to be paid out of the Territorial trea-sury, this 1\ir. CARLISLE. Certainly. But the act of the Territorial Legis­ does notrequirean appropriation, and the bill is not liable to the poiut lature applies, and wa intended to apply, only to the specific officers of order. There is no definite provision in this bill which says out created by that act. It has no reference and cannot by any possible of what treasury these officers are to be paid. construction have any reference to officers appointed by the Presi­ It will be admitted by my fi'iend from Kentucky, [Mr. CARLISLE,] dent of the United States and confirmed by the Senate, with alto­ and by all other men whose minds discriminate as his does, that gether different salaries fixed as compensation for their services. although this is a statute of the United Statea, it is not in its full scope Mr. ROBESON. Will the gentleman allow me to ask him a ques- and purview a Federal statute. The Congress of the United States tion! • make Federal law to apply to the whole United States upon the sub­ lli. CARLISLE. Certainly. ject-matters which, under the Constitution, are committerl to their Mr. ROBESON. The gentleman from Kentucky has stated that charge. They make certain other laws, for which they are enabled if this bill provided that this Territorial commission should be paid by that clause of the Constitution which gives them authority to out of the Territorial treasury, then the point of order would not be make rules and regulations for the government of the Territories of applicable to it f the United States. They make certam otherlaws, which do not apply Mr. CARLISLE. Certainly, because it would not require an appro­ to the Unit.ed States as a whole, and which apply only to the Terri­ vriation by Congress. tory toward which they are directed. In other words, when they do Mr. ROBESON. Very well. Then such a pro"ision a-s that would that they assume themselves the power, and become for all es ential have been in the power of Congress f purposes the Legislature of the Territory. They have the right to Mr. CARLISLE. Certainly. accept the acts of the Legislature of that Territory ; they have the :Mr. ROBESON. Then if that is true, it will be still in the power right to amend them; they have the right to substitute others for of Congress if this bill is passed to frame a law supplementary to them. And the question here is whether this bill1 as it stands in the this saying that those men shall be paid out of the treasury of the language in which it is written, requires an appropriation; whother Territory of Utah. Now, if that be so, how does this bill req nire an it not only requires an appropriation but requires an appropriation appropriation from the United States Treasury, and wherein is it from the United States Treasury. subject to the point of order! Now, then, these are the election officers of that Territory. This 1.1r. CARLISLE. That is, to say the least, a very curious argument. act of Congress undertakes to make an election code for that Terri­ Because Congre s has the power at some time hereafter to change tory, and in doing so to amend ancl repeal a certain portion of the th.is law by pa sing another law inconsistent with it in some respects, code already existing there, and put in the place of the officers who therefore this bill may stand upon its own merits, as if that supple­ are thus swept out of existence by the act of Congress acting as tho mental law were a part of it, and therefore the point of order is not Legislature of the Territory and giving to it the ·elocallaws-putin well taken upon this bill ! For illustration, if this bill in so many their place certain other officers who they do provide, as they have words provided an appropriation of 15,000 per annum to be paid to a right to provide, shall bo appointed by the President or shall be this board in the Territory of Utah, if a subsequent Congress, or the appointed in any other way that they choo e. same Congress at a subsequent time, should pass a bill requiring that Those Ellection officer , in the system as it now tands, are paitl out an appropriation necessary to pay the amount should be made by the of the treasury of that Territory. The questjon here is: when this local authorities of Utah, then the point of order is not properly ma.de bill says that certam other election officers shall be appointed under against this bill. We are to consider this bill, as I stated before, as our authority to take the pl:tee of tho e who are now paid out of the it is presented now for the consideration of the House, and cannot territorial treasury, whether that appointme!I.7 by any implication consider it in connection with the future action or the constitutional requires an appropriation out of the United States Treasury. Why, power of Congress to change it hereafter. sir, according to every rule of interpretation of law the e new offi­ If the bill does not, as it now stands, require an appropriation of cers who do the dutie of the old officers and take their places would money to compensate these officers for services t·o the extent the bill be paid from the same fund and out of the same resources as the gen­ requires, then it is not amenable to the point of order; but if the tlemen whose duties they perform and whose places they take. And bill does require an appropriation of money for their payment, then that is all there is of this question. If it is not here so clearly expressed unquestionably it i under the rules of the House subject to the in this bill as to remove all doubt, it is admitted that it remains in point of order. Then, if it is conceded that this bill, as it stands, the power of Congress to make it clear. \Ve declare these officers gives to these officers a valid legal claim against the Government of as they now stand are appointed by Federal authority; but not Fed­ the United States for compensation at the rate of 3,000 per ann run eral authority for the appointment of .Federal officers; only Federal for the time they may serve in the execution of these provisions, it authority acting as the Legislature of that Territory. No lawyer is a bill which requires an appropriation of money by Congress, and, will deny that we have a right to appoint Federal officers by act of as such, is subject to the point of order. On that :proposition I sub- Congress and to provide that they shall be paid out of the treasury

I - ~ 1850 CO GRESSIO .AL RECORD-ROUSE. MARCH 13, of the Territory of Utah. And nobody will deny that when we pro­ ent from the broad, comprehensive, and all-embracing terms of the ,· We territorial officers who in their nature and in their duty are rule as it now stands among the rules of this Honse. 11atnrally, nnd according to all precedent and according to all law, The gentleman from Kentnckv in his ruling called the attention pai

Mr. REED. I confess I am somewhat surprised, although not for Mr. REED. I hope the gen. tleman will confine himself to the point the first time, at the ideas entertained by the gentleman from Penn­ of orde.r. [Laughter.] sylvania [Mr. RANDALL] on principles of parliamentary law. Ac­ :Mr. TOWNSHEND, of Illinois. I have not risen so much to dis­ cording to his notion every parliamentary ru1e is to be construed cuss the point of order as to appeal to gentlemeR on this side to against the Honse, so as to prevent business being considered in the withdraw all technical questions or points of order, and that gentle­ House and to cause it to be considered in Committee of the Whole. men on the opposite side will agree to allow full and free discus ion I have always understood that the principles of parliamentary law as well as opportunity to offer amendments to the bill. There are required a ru1e to be construed in furtherance of the business of the many here who doubt the wisdom of this bill. I for one do not. House, not in the direction of its obstruction. On this point, it s.eems, I am ready to vote for this bill, because I think it a step in the right the gentleman from Pennsylvania and I radically differ. direction. I do not believe the bill will accomplish mnch, but I am Now, as I understand hlm, be contends that the contracting of a in favor of taking this step, because it leads the way for stamping out debt by the United States is the creation of a tax or cbarO'e, I must this fou1 blot upon our country. say that I am surprised to see this point of order defended upon that I hope then, sir, that the Democratic side of the House will, if the ground of all others. No one besides the gentleman from Pennsyl­ other side is willing to allow opportunity to offer amendments and vania has undertaken to put it upon that ground. Every other man have reasonable time for discussion of the bill, withdraw the point has comprehended that a tax or cha.rge is something in the nature of of order and let the bill come up at once for final action. an impost, something which is put upon the people and which they Why is the opposite side of this House not willing to allow oppor­ must pay, not by some future action as resultant from a debt, but by tunity for amendment and discussion f If the amendments offered the very bill imposing the charge or tax. are wrong they can be voted down, and I do not see how discu ion Now, as to the other ground on which the point is put by the gen­ can harm the bill. tleman from Kentucky, [Mr. CARLISLE.] He asked the question of 1\fr. CAl\fP. Of course. the gentleman from New Jersey [Mr. ROBESON] w bether the governor 1\fr. CANNON. When it comes up the majority of tho Honse will and marshal were not paid by the United States. I was sorry the control it. gentleman from New Jersey did not answer him. Those officers are Mr. TOWNSHEND, of Illinois. Do I understand the opposite side paid by the United States; and why f Because the statute of the is willing the bill may be discussed as in Committee of the Whole and United States expressly declares that they are to be so paid; and open to amendment f unless there were an express statute so declaring they would not be l\Ir. CANNON. Are you authorized to withdraw the point of order f paid by the United States but by local taxation in the Territory. Mr. McLANE. I rise to a point of order. Such bein~ the case, it wou1d follow that when a salary is provided Mr. TOWNSHEND, of Illinois. Will you agree the bill shall be for and it IB not declared that the United States shall pay that salary, open to amendment n.nd discussion as in Committee of the ·whole the Territory would then have to pay it. ~Ir. CANNON. I understand the gentleman speaks only for him­ Mr. McLANE. I wish to ask the gentleman to what statute he self. :refers T Mr. SPRINGER. Ihavethe:fioor. Now, thegentlemanfromNew Mr. REED. The Revised Statutes of the United States, second Jersey [Mr. ROBESON] has fallen into an error in regard to he duties edition. of the board provided by this 1:-l.w. He is of opinion, or at least I Mr. McLANE. If the gentleman will allow the Clerk to read the infer so from his remarks, that these five commissioners are to be statute he will find-- superseded by other commissioners to be appointed by the Legisla­ Mr. REED. I have not time for the Clerk to read the Revised ture of Utah. These co~missioners to be appointed by the President Statutes. are not to be superseded by other commissioners to be appointed by Mr. McLANE. The gentleman will find that the provision of the the Legislature, and the election officers of the Territory, the j ndges statute is exactly the same as this bill. of election, and the registrars of election in the Territory, who are Mr. REED. The gentleman, when he examines the statute, will removed by this bill are to be provided for by future Legislatures, find that there is a direct provisioa that payment is to be made by and when they do provide for filling those offices then the duties of t.he United States. I have looked up the question. That being the this board will cease, aucl they will go out of office forever. fact, it wou1d seem that the point of order is of no avail. 1\fr. ROBESON. l\fy point was not exactly that. The section as I am very glad for my part to see the gentlemen on the other side it stands is : making such sedulous objection to this matter upon a point of order, That all the registration and election offices of every description in the Territory because it reassures me that they do not intend to make any oppo­ of Utah are hereby declared vacant; and each andeverydutyrelating to the regis· sition when the bill is really presented for the consideration of the tra.tion of voters, the conduct of elections, the receivin~ or rejection of votes, anu House. They prefer to fight it under cover rather than to fight it the canvassing and returnin.,. of the same. and the issumg of certificates or other evidence of election in said lferritory, shall, 1m til other provision be made by the openly, and as I hope the bill may be speedily passed I am glad to Legis1'1otive Assembly of !!aid TerritOTJ as is hereinafter by this secti~n provided, be see they take that attitude. performed, nuder the existing laws o the United States and of said Territory, by Mr. CARLISLE. I should like to ask the gentleman from Maine proper persons who shall be appointed to execute ench offices and perform such whether this is the provision to which he bas referred. duties by a board of five persons to be appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall be mem­ Mr. TOWNSHEND, of illinois. I have the floor, but will yield for bers of one political party, and a majority of whom shall be a quorum. that purpose. Mr. CARLISLE. Is this the provision of the Revised Statutes to Now, the question was, if the gentleman will pardon me, whethe.r which he refers! I read from section 1845, "from and after the 1st these officers so appointed are to be paid out of the United States day of J nly, 1873, the annual salaries of the governors of the several Treasury or out of the treasury of the Territory f Territories shall be $3,500, and the salaries of the secretaries shall be Now, I would like to read the clause of the statute which distin­ $2,500.'' guishes what officers shall be paid out of the United States Treasury Mr. REED. No, sir. and what shall not. Mr. CARLISLE. Is there any other statute f Mr. REED. Before the gentleman .from New Jersey reads that I Mr. REED. Yes, you will find a subsequent clause requiring them want to call the attention of the gentleman from Kentucky, [Mr. CAR­ to be paid by the United States. LISLE,] who had not seen the provision to which reference is now Mr. CARLISLE. It may be here, but I have not been able to made, so that I may answer his point. find it. ~Ir. ROBESON. I read section 1&:!2 of the Revised Statutes: The SPEAKER. Sections 9, 10, 11, and other sections of the origi­ The salaries provided for in this title- nal charter of the Territory, provide for the payment·of salaries. ~1r. CARLISLE. But here is the statute, Mr. Speaker, which And that is the general provision with reference to the officers in relates to the Territories of the United States. all the Territories- M.r. HASKELL. I will quote it. Section 1886 provid~s that pa.y­ The salaries provided form this title to l>e paid to the governor. secretary, chief ment for the support of government in the Territories shall not he justices, and associate jn.stic.es, district attorney, and marshal of the several Terri· ma,de until est.imated for by t.he Secretary of the Treasury. tories shall be paid quarter-yearly at the Trea-sury of the United States. Mr. TOWNSHEND, of Illinois. Mr. Speaker, I wish to repudiate Those are the Territorial officers that are to be paid out of the Treas­ the idea entertained by my friend from Maine [Mr. REED] that the ury of tbe United States, and none others, until we make a law for point of order ha.s been raised on this side l)ecause gentlemen on this their payment. side favor polygamy in Utah, or that they are fighting in fav:or of it .Mr. SPRINGER. But t-his Jaw makes that provi.sion. "under cover." [Laughter.] Now, the ground of opposition is ap­ And now, 1\Ir. Speaker, a word further. This bill provides for the parent, and above cover. [Laughter.] As !understand the motive creation of officers hitherto unknown to the law of that Territory. it is because it is apparent there is a disposition to force the bill There are no such officers there now, and, so far as I know, in no through the Honse without opportunity for dehate and amendment. other Territory of the United States, and there never have been. The sole purpose of gentlemen on this side is that the bill may have This proposes the creation of a sort of "returning board," and it is discussion and there may be opportl.mity for amendment. I do not something that does not exist now, and has not existed heretofore. know a single member sitting on this side of the Chamber who is in There was never such a returning board created by Congress before. favor of polygamy. I will go further and say I rlo not know a single Therefore this is the creation of new officers, with new duties imposed member on this side who is not ready to demonstrate his opposition upon them, duties -which heretofore have been imposed upon the to polygamy, and who does not desire, within constitutional limits, governor, the secretary of the Territory, and other Territ.ol."ialofficers. to wipe out that stain upon our civilization. Therefore it ir~ a ue1w hlea. a new notion, and I may St the lli. REED. I did not refer to the gentleman from Kentucky, [Mr. good faith of the Government pledged to pay the salary of the officer Y CARLISLE.] I referred to the equally distinguished gentleman from An

1882. CONGRESSIONAL RECORD-HOUSE. 1853 money or property, or requiring such appropriation to be made, or authorizing by this bill to be vacant, and the functions of the board proposed by pa.ynients out of appropnations already made, or releasing any liability to the the bill will then cease. United States for money or property, shall be first considered in a Committee of the Whole. and a point of order under this rule shall be good at; any time before Such board becomes a part of the electwn system for the time bein~ the consiueration of a bill has commenced. of the Territory of Utah; and it may be held that their salaries will The SPEAKER. The bill under consideration in section 9 makes be payable out of the treasury of the Territory, either by virtue of provision for a board of five officers to discharge certain election existing laws or by laws either Territorial or Federal, which may here­ (luties, and provides that the members of this board shall be paid a after be enacted. If this be true then it follows that the bill does salary of $3,000 a year. The Clerk will read that portion of section not require an appropriation of money out of the Treasury of tho 9 which relates to these officers and in part to thell.· duties. United States to pay the officers created by it. The Clerk read as follows: The Chair will here observe, with reference to a deci ion saiU to have been made by Speaker Blaine, that upon an examination of tho That all the registration and election offices of every description in the Ter­ ritory of Utah are hereby declareu vacant; and each and every duty relating to then pending bill it seems quite clear that his decision was properly the registration of voters, the conduct of elections, the receiving or rejection of made, and is within the views of the present occupant of the Chair. •otes, aml the canvassing and returning of the same, aml the issuing of certificates The class of officers that was proposed to be constituted by the bill or other evidence of election, in said Territory, shall, until other provision be made then under consideration were assistants of the United States attor­ by the Legislative Assembly of sai~ ~en-itory as is her~in~r by this secti?n pro­ vided, be perfonned, under the existing laws of the Umted States and of srud Ter­ ney and deputy marshal . Those officers, by the very terms of tho ritory, u.v proper persons who shall be appointe1l to execute such offices and per­ then existing law, would have to be paid out of the Treasury of tho form snch 1luties by a. board of five persons to be appointed by the President, by United States. They did not belong to any Territorial system~ antl it ancl with the ad vice anu consent of the Senate, not more than three of whom shall could not possibly have been then held that under any state of tho ue ruen1 bers of oue political party, and a maJority of whom ~hall be a quorum. The merubers of said board so appomted by the President shall each receive a salary law, in the absence of legislation directly upon the subject, any other at the rate of $3,000 per annum. and shall continue in office until the Legislative treasury was to be drawn on for the payment of these a istan t attor­ A.ssembly of saiu Territory shall make provision for filling said offices as herein neys and deputy marshals than the Treasury of the United States. aut.horiz&l. The Chair cannot agree that any bill which might, if amended, Thv SPEAKER. It should be conceded that this proposition does require an appropriation of money from the Treasury of the Unitetl not, within the meaning of the rule, involve "a. tax or charge upon States must be first considered in Committee of the Whole. There the people;" that it is not a "proceeding touching an appropriation are a vast number of bills pending that are under our rules and prac­ of money ; " that it does not "make an appropriation of money or tice not referred to the Committee of the Whole House for consid­ property;" that it does not "authorize a payment out of the appro­ eration, which might be amended nuder the rules so as to finally in­ priations already made;" that it does not" release any liability to volve an appropriation of money to execute the laws created shouhl the United States for money or property." such bills pass. But it is contended that this bill, if it should become a bw, would The Chair is not disposed to hold that if a bill might by pos ibility require an appropriation to be paid out of the Treasury of the United require an appropriation of money it must first be considered in Com­ States. The tax or charge referred to in the rule, a the Chall.· thinks, mittee of the Whole. The Chair thinks it goes far enough when it rela.tes to a direct tax or charge on the people, and has no reference holds that a bill mu t on its face require an appropriation of money to an appropriation of money from the United States Treasury. to carry it out, or to pay the salaries of the officers created by it. The five members of the board propo eel to be created by this bill It is not necessary to decide that the officers proposed to be created are to ue paid a salary at the rate of $3,000 per annum. The claim is by this bill are or are not United States officers. They may be both that an appropriation of money would have to be made to pay the United States and Territorial officers. The Chair has nothing to do members of that board; or, in other words, that the bill, if it should whh the question of tke power or right of Congress to enact such become a law, would require an appropriation of money to be made a law as this bill proposes. The Chair is bound to assume that the to execute it. proposed legislation is within the constitutional power of Congress. It is perhaps clear under the rule that if this bill does require an It may be, perhaps, proper to remark that all the laws of the Terri­ appropriation of money out of the Treasury of the United States to tory of Utah enacted by its .A.ssem bly are, by the terms of the original pa.y the salaries of the officers mentioned, it must be first considered act for the organization of that Territory, subject to be annulled by in Committee of the Whole. .A. very strict construction of this rule the mere disapproval of Congress. Entertaining these Yiews, the would justify the Chair in holding that a bill must by ittS terms re­ Chair overrules the point of order. fJUire an appropriation of money to make it liable to a point of order. Mr. CONVERSE. Inasmuch as the decision of the Chall.· involves The Chair, however, is not now disposed to give such a construction a rule of the House of so much importance to the House itself ancl to the rule, but is strongly inclined to hold that in case a uill pro­ the entire country, I desire respectfully to make an appeal. vides for new officers and fixes their salaries, which salaries m~st of The SPEAKER. The gentleman from Ohio takes an appeal. The necessity be paid out of the United States Treasury and from money question is: Shall the decision of the Chair stand as the judgment t.o be appropriated, such bm may be said to require an appropriation of the House T of money within the meaning of the rule. Mr. HASKELL. I move that the appeal be laid on the table. The Chair does not intend to intimate that a bill which if enacted Mr. CONVERSE. In view of the importance of the question to be into law would incidentally involve expense to execute it would determined by the House, I demand the yeas and nays on this prop­ therefore be subject to the point of order that it should be first con­ osition. sidered in Committee of the Whole, unless the bill directly required The yeas and nays were ordered. an appropriation of money to pay such expense. The rule relates to The question was taken; and there were-yeas lH>, nays 80, not bills "requiring," not "involt·ing," an appropriation of money. Within voting 93 ; as follows: the construction of the rule indicated, does this bill require an ap­ YEA~ll9. propriation of moneyY If the five members of the board provided for Barr, Fisher, McClure, Robinson, Geo. D. in the bill must of necessity be paid their salaries out of money to be Bayne, Geddes, McCoid, Robinson, Jas. S. appropriated from the United States Treasury, then the bill would Berry, George, McCook, Russell, Bingham, Grout. McKinley, Ryan, require an appropriation of money. Briggs, Guenther, :Miles, Scranton. To determine the last proposition we must look to the laws in force BrUDliD, Hall, .Miller, Shallenberger, especially relating to the Territory of Utah, and to the general laws Buck, Hammond, John Moore, Shultz, of the United States relating to the organization of all the Territories. B=ows, Julius C. Haseltine, Morey, Skinner, Butterworth, Haskell, ~:r:urove, Smith, Dietrich C. By reference to the charter act of Utah, and to the general laws Ca.lk:ins, Hawk, Steele, Of the United States relating to the organization of Territories, it Camp, Hazelton, Norcross, Stone, will be found that in the organization of the Territory of Utah Con­ Campbell, ~bum, O'Neill, Taylor, gress provided for a governor, a secretary, a Teritorial.A.ssembly,jus­ Candler, ' Orth, Thompson, Wm. G. Cannon, His~ock, Page, Townsend, .Amos tices of courts, an attorney, and a marshal, and their assistants and Carpenter, Horr, Parker, Tyler, deputies, and perhaps some other officers for the government of the Cassidy, Hubbs. Paul, UJ>de~, J. T. Territory. The salaries of those officers, including the pay of the Col erick, Humphrey, Payson, Updegraft: Thomas members of the Legislative Assembly, are fixed and authorized to be Cornell, Jacobs, Peelle, Valentine, Crapo, Jadwin, Pettibone, Van .A ernam, paid out of the TreatSury of the United States. .A.fixedsumisestab­ Cullen, Jorgensen, Phelps, Van Voorhis, Lished for the contingent expenses of the governor in each year, and Davis, George R. Joyce, Pound, Wadsworth, a sufficient sum is authorized to defray the expenses of the Legisla­ Dawes, Kasson, Prescott, Wait1 tive Assembly, including printing and incidental expenses, to be paid Deering, Kelley, Wara, DeMotte, Lacey, ~eli, Washburn, out of the Treasury of the United States. All other expenses neces­ Dingley, Ladd, Rice, .r ohn B. Webber, sary to carry on the Territorial government, not otherwise provided Dunnefi, Leedom, Rice, William W. "\Vhite, lor in the laws of the United States, are required to be paid out of 11 Dwight, Lewis, Rich, Williams, Chas. G. fnnd to be raised by a tax imposed on property-owners in the Terri­ Errett, Lord, Richardson, D.P. Willits, Farwell, Cha.~. n. Marsh, Ritchie, Wilson. tory. By the express terms of the Tenitoriallaw the election offi­ Farwell, Sewell S. ::Ma on, Robeson, cers are required to be so paid. This bill proposes to depose certain election officers, ancl to provide, ~.A..YS--80. Aiken, l3liss, Caldwell. Clark, temporarily, a. board of officers for the Gonduct of elections and to Armfield, Blollllt, Carlisle, Cobb, execute the election laws ofthe Territory of Utah. The Legislative Beach, Buchanan, Chalmers, Oonverse, AsRemhly may again, as provided in the bill, fill the offices decla.recl Hla.nc.haul CalwU, Clardy, Cook 1854 CONGRESSIONAL RECORD-HOUSE. MARcH 13,

Cox, Willhm R. Herbert, Mills, Smith, A. Herr The SPEAKER. The gentleman demands the previous question. Covington. Hewitt, G. W. Money, Sparks, Mr. TOWNSHEND, of Illinois. I hope gentlemen will not verify Cravens, Hoblitaell, Morrison, Speer, Davis. Lowndes ll. Hoge, Moulton, Springer, the prediction I made that debate would be suppressed ~nd amend­ Deuster, Holman, Muldrow, Stockslager, ment denied. Dibble, Hooker, Mutchler, Tillman, The SPEAKER. The queliltion is on ordering the previous question. Dibrell, Honse, Randall, Tucker, Mr. TOWNSHEND, of Illinois. Allow opportunity for debate and Dunn, Jones, ~rge W. Reagan, Turner, Henry G. Ermentrout, Jones, James K. Robertson, Turner, Oscar amendment. [Cries of "Regular order!"] Evins, Kenna, Robinson, Wm. E. Upson, The House divided; aud there were-ayes 99, noes 4. Finley, King, Rosecrans, Vance, Mr. REAGAN, and Mr. TOWNSHEND of Illinois. No quorum. Garrison, Knott, .Scales, Warner, The SPEAKER. The Chair appoints 1\'fr. HASKELL and Mr. REA- Gnnter, Le Fevre, Shackelford, Wellborn, Hammond, N.J. Manning, Shelley, Williams, Thomas GAN as tellers. Hardenbergh, Matson, Simonton, Willis, Mr. CALKINS. One moment; I desire to ask unanimous consent. Hatch, McMillin, Singleton, Jas. W. Wise, Morga-n R. 1\'fr. TOWNSHEND, of Illinois. Permit opportunity for debate NOT VOTING-00. and amendment. :Aldrich, Culberson, Houlr, Singleton, Otho R. Mr. ATKINS. I trust gentlemen willnotpressthis measure. For Allen, Cortin, Hubbell, Smith, J. Hyatt one I have not read this bill, and I want time to reacl it. [Cries of Anderson, Cutts Hutchins, Spaulding, "Order!"] Atherton, Darrell, Jones, Phineas Spooner, Atkins, David!!On, Ketcham, Stephens, The House again divided; and the tellers reported-ayes 93, noe 4. l3arbour, Dezendorf, Klotz, Strait, Mr. MOULTON. I move the House adjourn. Belford, Dowd, Latham, Talbott, 1\'lr. KASSON. Let me call attention to this proposition, that the l3elmont, Dugro, Lindsay, Thomas, gentleman from Texas be permitted to offer his amendments and de­ l3eltzhoover, Ellis, Martin, Thompson, P. B. l3la-ck, Flower, McKenzie, Townshend, R. W. bate them, and that then the previous question be considered as Blackburn, Ford, McLane, Urner, ordered. Bland, Forney, Morse, Van Horn, 1\Ir. TOWNSHEND, of Illinois. Let others have an opportunity l3owman, Frost, Murch, Walker, to offer amendments. l3ragg, Fulkerson, Nolan, Watson, Brewer, Gibson, Oates, West, Mr. ROBESON. I object. Browne, Godshalk, Pacheco, Wheeler, The SPEAKER. 'l'he tellers will resume their places. Buckner, Hardy, Pierce, Whitthorne, l\'fr. TOWNSHEND, of Illinois. We only desire opportuuity for Burrows, Jos. H. Harmer, Phister, Wise, Geor~e D. debate and amendment. [Cries of "Regular order!"] Ca-swell, Harris,l3enj. W. Ranney, Wood, Ben.Jamin Chaee, Harris, HenryS. Rice, Theron M. Wood, Walter A. The SPEAKER. The Chair calls attention to the fact that a Chapman, Heilman, Richardson, Jno. S. Young. quorum has not voted. Clements, Henderson, Ross, Mr. TOWNSHEND, of Illinois. I say this is bad faith. Cox, Samuel S. Herndon, Scoville, The SPEAKER. The gentleman i.g not in order. Crowley, Hewitt, Abram S. Sherwin, 1\'fr. ROBESON. I move that there be a call of the House. So the appeal was laid on the table. l\'lr.ATKINS. Thatisathinadvantage. [Cries of" Order!"] I Durin(Y' the roll-call, the following announcements were made : rise to a parliamentary inquiry. I have a right to do that. Mr. WE~T. I desire to say that I am paired with the gentleman The SPEAKER. The ~entleman will state it. from Alabama, [Mr. FORNEY.] Had I the right to vote, I would Mr. ATKINS. Has this bill been sent to any committee of this vote in the affirmative. f House T Mr. BLOUNT. My colleague [Mr. BLACKJ is critically ill, and my The SPEAKER. That is a question of fact, and not one of parlia- other colleauue [Mr. CLEl\ffiNTS] is with him. mentary inqmry. Mr. WALKER. I am paired with the gentleman from New York, 1\lr. ATKINS. I make the statement it has not been so referred. [.Mr. FLOWER.] If he were present and voting, I should vote "aye." The SPEAKER. Debate is not in order. The followin~ pairs were announced from the Clerk's desk: Mr. RANDALL. I rise to make a suggestion to prevent delay, Mr. HoUK With Mr. WmTTHORNE. and that is to allow debate for two hours and opportunity for amend­ Mr. THOMPSON, of Kentucky, with Mr. SHERWL~. ments. Mr. LINDSEY with Mr. ATHERTOY. Mr. HASKELL. Several persons desire to be heard, and I wish to Mr. RYAN with 1\fr. LE FEVRE. state to the House, and the country as well-- Mr. FORNEY with 1\lr. WEST. Mr. TOWNSHEND, of Illinois. We want no statements unless we Mr. THOMAS with Mr. DAVIDSON. can reply. Mr. KETCHAM with Mr. Cox, of New York. Mr. SPARKS. As a question of parliamentary inquiry, can I Mr. Ross with Mr. BREWER. a-sk-- [Cries of " Regular order I "] Mr. PIERCE with Mr. BARBOUR. The SPEAKER. The gentlemen will be seated, as the regular 1\'lr. \VALTER A. WOOD with Mr. LATHAM. order is called for. Mr. HARMER with 1\'fr. ELLIS. 1\fr. SPARKS. I ri e to a parliamentary inquiry. Mr. HAURIS, of New Jersey, with Mr. JoNEs, of New Jersey. The SPEAKER. State it. Mr. GODSHALK with 1\fr. DUNN. :hlr. SPARKS. I wish to inquire from what committee this bill Mr. BowMAN with Mr. A.LLE..~. comes into this House. _ 1\'lr. HEWITT, of New York, with Mr. SPAULDING. Mr. CAMP. That is not a parliamentary inquiry. Mr. HARRIS, of Massachusetts, with Mr. TALBOTT. The SPEAKER. The Chair has already stated that is not a par­ Mr. SCOVILLE with Mr. CROWLEY. liamentary inquiry. The gentleman can go to the records and ascer­ Mr. CORNELL with Mr. HARDY. tain that fact for himself. Mr. WATSON with Mr. DUGRO. Mr. ROBESOY's motion was agreed to. Mr. TOWNSHEND, of Illinois, with Mr. ALDRICH. 1\fr. MULDROW. I move that the Honse do now adjourn. Mr. McLANE with 1\Ir. URNER. ~fr. REAGAN. And I move that when the House adjourns it 1\'fr. RICHARDSON, of South Carolina, with Mr. RICHARDSON, of New ad,journ to meet on Wednesday at twelve o'clock m. . York. 1\'fr. CAl\IP. As no quorum has voted only two motions are 10 Mr. l\IoRSE with Mr. RANNEY. order-that there be a call of the HollSe and to adjourn. Mr. FLOWER with Mr. WALKER. The SPEAKER. As there is no quorum voting the motion to ad- Mr. BROWNE with Mr. Down. journ is in order. The question is on that motion. Mr. IIERYDON with Mr. CASWELL. The House dividecl; and there were-ayes t:!l, noes 93. Mr. ANDERSON with Mr. BLOUNT. Mr. MULDROW demanded the yeas and nays. Mr. BRAGG with Mr. STRAIT. The yeas and nays were ordered. - Mr. HUBBELL with Mr. BLACKBURY. The question was taken; and there were-yeas 85, nays 112, not Mr. WISE, of Virginia, with Mr. DEZENDORF. voting 95 ; as follows : .Mr. CHACE with Mr. WILSON. Y1l:AS--85. 1\Ir. WILSON. A pair is announcecl between myself and Mr. Aiken, Converse, Gibson, Leedom, CHACE of -,;rbich I J..~ow nothing, and there must be some mistake Armfield, Cook, Gunter, Le Fe'vJ:e, about it. Atherton, Cox, William R. Hammond, N.J. Manning, Atkins, Covington, llardenbergh, McMillin, On moti

Rosecrans, Speer, Turner, Oscar Willis, Mr. ROBESON. Then is there objection to my request to dispense Scales, Springer, Upson, Wilson, Shackelford, Tillman, Vance, Wise, Morgan R. with the call 7 Singleton,Jas. W. Townshend, R. W. Warner, There was no objection. Singleton, Otho R. Tllcker, Wellborn, So the call of the House was dispensed with. Sparks, Turner, Henry G. Williams, Thomas The SPEAKER. The question now is on the demand for the pre­ NAY~112. vious question. Aldrich, Farwell, Cbas. B. McKinley, Scranton, Mr. CONVERSE. I rise to a pru:liamentary inquiry. [Cries of Barr, Farwell, Sewell S. Miles, Shallenberger, "Regular order I "] . Bayne, Fisher, Miller, Shultz, The SPEAKER. The Chair must request the House to be in order, Bingham, George, Moore, Skinner Briggs, Grout, Morey, Smith, 1.. Herr and wtil recognize no gentleman until all are seated. Brumm, Hall, Neal. Smith, Dietrich C. Mr. MILLS. We are trying now to get at some understandin~ Buck, HammGnd, John Norcross, Spooner, about this matter, and I hope the Chair will indulge us a little. BUITOws, Julius C. Haseltine, O'Neill, Steele, The SPEAKER. That is not the province of the Chair. Butterworth, Haakell, Orth, Stockslager, Calkins, Hawk, Pacheco, Stone, Mr. MILLS. But if the Speaker will not hurry us along, perhaps Camp ~burn, Page, Taylor, we may be able to come to some understanding that will meet the Campbell, Parxer, Thompson, Wm. G. difficulty here. Candler, Ris~ock, Payson, Townsend, Amos Mr. CONVERSE. I wish to submit a parliamentary inquiry. Cannon, Horr Peelle, Tyler, Carpenter, Hubbs, Pettibone, rrpdegra1f, J. T. The SPEAKER. The Chair will hear the gentleman. Cassidy, Humphrey, Phelps, Updegraff, Thomas 1\lr. CONVERSE. I understand that under the rule if the pre­ Cobb, Jacobs, Pound, Valentine, vious question is ordered we are still entitled to some debate-a Colerick, Jadwin, Prescott, Van.A.erna.m, half hour, I believe. Crapo, Jorgensen, Ray Van Horn, Collen, Kasson, Reed, Van Voorhis, The SPEAKER. Unquestionably. Davis, George R. Kelley, Rice, William W. Wadsworth, Mr. SPRINGER. I hope the Chair will not make such a ruling ns Dawes, La-cey, Rich, Wait~ that, which I think is erroneous. Deering, Lewis, Ritchie, Wara, DeMotte, Lord, Robeson, Waahburn, The SPEAKER. The Chair understands the rule, and is clear in Dingley, Marsh, Robinson, Geo. D. Webber, his opinion. Du1111e11 , Mason, Robinson, James S. White, Mr. SPRINGER. But this presents a different case. This is not Dw.igbt, McClure. Russell Williruns, Cha.s. G. a motion to suspend the rules. En-ett, McCoiu, Ryan, Willits. The SPEAKER. The Chair is aware of the distinction. NOT VOTING-95. Mr. CO~VERSE. When may debate be indulged in f Alien, Darrell, Hubbell, Richardson, Jno. S. The SPEAKER. The Chair will cause the rnlo to be read, the last Anderson, Davidson, Jones, Phineas Ro s, paragraph of Rule XXVTII. Barbour, Deuster, Joyce, Scoville, The Clerk rea.d as follows: Belford, Dezendorf, Ketcham, Shelle:y, Belmont, Dowd, King, Sherwm, 3. When a motion to suspend the rnles has been seconded it shall be in order, Beltzhoover, Du,gro, Klotz, Simonton, before the final vote is taken thereon, to debate the proposition to be voted upon :Berry El.l.iS, Knott, ::;mith, J. Hyatt for thirty minutes, one-half of such time to be~:Pven to debate in favor of and one· Black' Flower, Latham, Spaulding, half t{) debate in opposition to such proposition, and the same right of debat-e Bln.ckburn, Ford, Lindsey, Stephens, shall be allowed whenever the previous question has been ordered on any propo· Bland, Forney, Martin, Strait, sition on which there has been no debate. Bliss, Frost, Matsen, Talbott, Bowman, Godshalk, McCook, Thomas, The SPEAKER. The question is on ordering the previous ques­ Bragg, Guenther, McKenzie, Thompson, P. B. tion. Brewer, Hardy, McLane, Urner, Browne, Harmer, Money, Walker, Mr. MULDROW. .A.nd pending that, I move that the Honse do Burrows, Jos. H. Harris, Benj. W. Morse, Watson, now adjourn. Cl18well, Harris, Henry S. Mosgro'l'e, West, Mr. HASKELL. Now, Mr. Speaker, I would like to offer to the Chace, Hazelton, N olau, Wheeler, other side of the House a full hom for debate, after the previous q ues­ Clements, Heilman, Oates, Whitthorne, Cornell, Henderson, Pierce, tion has been ordered. Cox, Samuel S. Herndon, Phister, ;:a,~e:r~~ Mr. TOWNSHEND, of illinois. .And amendments. Crowley, Hewitt, AbramS. Ranney, Wood, W t!Pt-er A. Mr. SPEER. Will the gentleman from Kansas allow me to make Culberson, Hoblitzell, Rice, John B. Young. Cutts, Honk, Richardson, D. P. a propo ition 7 I am in favor of his bill, and therefore I think he should indulge me for a moment at any rate. Suppose those who So the House refused to adjourn. desire to submit amendments to the bill send them all to the desk at The following additional pairs were announced: tills time to be read. Mr. KNoTT with Mr. RicF.., of Ohio. Mr. SINGLETON, of illinois. .A.nd voted upon. Mr. CULBERSON with Mr. LINDSEY. Mr. SPEER. .And then have an hour's debate after the previous Mr. DEUSTER with Mr. GUENTHER. question. Let every one of the amendments be sent up at this time Mr. JOYCE with Mr. MATSON. and have a vote upon them. Mr. McCooK with Mr. KING. Mr. McKINLEY. I demand the regular order. :Mr. JIENDERSO~ with Mr. HOBLITZELL. Mr. HASKELL. I am authorized on this side of the House only Mr. ROBESON. In order to save time I move to dispens(.\ with the to say that there is no desirewha.teverto cut off debate. We are per­ reading of the names. fectly willing to give gen~~men who desire to discuss the question Mr. SPARKS. I object. . all the time they wish. The result of the vote was then announced as above recorded. Mr. HOOKER. Then let us have four hours' debate. l!r. ROBESON. Since this result has revealed the presenco of a Mr. RE.A.G.AN. Then why cut off all possibility of amendment Y quorum, I ask unanimous consent to withdraw my motion for a call Mr. HASKELL. I say that we are perfectly willing to allow all ofthe House. the debate that gentlemen d,.esire. But we do wish to preserve this Mr. CONVERSE. There will be no objection to that. bill from amendment, and adopt it just asitis, knowing that the ene­ The SPEAKER. The Chair understands consent is not given. mies of the bill have been working in these lobbies for the last two Mr. ROBESON. Do I understand there is objection f or three weeks. Mr. CONVERSE. There is no objection on this side. Mr. KENNA. Is the gentleman from Kansas afraid to trust the Mr. ROBESON. Then my first proposition is for unanimoUM con­ majority of this Houso w1th the opportunity of voting upon amend­ Rent to withdraw my motion for a call of the House. ments to his bill f Mr. TOWNSHEND, of Dlinois. That baa been agreed to. Mr. SINGLETON, of Illinoi . Why not give an opportunity for Mr. CONVERSE. I wish to ask the gentleman from Kansas if he amendment, aR well as debate 7 [Cries of "Regular order I"] is willing to allow one hour for amendments to this bill under the The SPEAKER. The Chair has indulged the Honse while gentle­ five-minute rule, and one hour further fen debate; and if so, there men have been trying to come to an understanding. But all this will be no further delay. has been proceeding by unanimous consent and the regular order is Mr. McKINLEY. I demand the regular order. now demanded. Mr. HASKELL. We will give you all the time for debate you Mr. CONVERSE. Imovetocommit this bill to the Committee on wish. the Judiciary. I understand one motion to commit is in order. The SPEAKER. .A. call ofthe House having been ordered, the Clerk The SPEAKER. That motion is in order. will call the roll. Mr. COXVERSE. I move to commit the bill to the Committee on Mr. ROBESON. I have asked unanimous consent that the call be the Judiciary with the privilege to report at any time, and that it be dispensed with. made th.e special order when that report is made. The SPEAKER. The Chab: understands that objection was made Mr. HASKELL. I hope the motion will bo voted down. t.o dispensing with the call. The SPEAKER. The motion of the gentleman from Ohio, as ho Mr. TOWNSHEND, of Illinois. Nobody on this side objected. now states it, is not in order under the rule. Mr. ROBESON. Then if objection is made I move to dispense with Mr. CONVERSE. If objection is made to the committee having further proceedings under the call. the privilege to report at any time I withdraw that portion of the The SPEAKER. There have been no proceedings under the call motion. so far· The SPEAKER. That wouJU hf' in order. 1856 CONGRESSIONAL RECORD-HOUSE. HARen 13,

~h. CONVERSE. Then I leave that; and withdraw that part of 1\h-. SINGLETON, of Illino~ with lli. NEAL. the motion which makes the report a special order. Mr. SP.A.RKS with 1\Ir. MCKINLEY. 1\h-. MULDROW. Pending that I move that the House do now :hh-. CURTIN with 1\Ir. SCRA.NTO:N. adjourn. Mr. ATHERTO:N with Mr. UPDEGRAFF of Iowa. The motion to adjoru'Il was not agreed to. Mr. WARD w:ith Mr. A.IKEN. The SPEAKER. The question recurs on the motion of the gentle­ lli. ROBESON with Mr. HA.Ml\IOND of G.eorgia. man from Ohio, [Mr. CONVERSE,] which is to commit this bill to the 1\Ir. BLANCHARD with Mr. LEWIS. Committee on the Judiciary with permission to report at any time. Mr. SINGLETO:N, of Mississippi, with Mr. RICE, of 1\Ias~achusetts. The question being taken, there were-ayes 59, noes 89. 1\Ir. WAIT with Mr. EVINS. Mr. REAGAN and 1\!r. SPARKS called for the yeas and nays. Mr. WEBBER with Mr. DUNN. On the question of ordering the yeas and nays there were ayes 45. lli. CAMP. I move to dispense with the reading of the names. So (the affirmative being more than one-fifth of the last vote) the Mr. CONVERSE. I object. yeas and nays were ordered. The names of members voting were read, and the result of the vote Mr. HAMMOND, of Georgia. Before the roll is called I desire to was then announced as above stated. make a personal request. I have been in the House since ten o'clock. The SPEAKER. The question recurs on the demand for the pre­ It is now half past five. I was obliged to sit all night long last night vious question. with my colleague, lli. BLACK, who is very ill; and I ask from the Mr. MULDROW. I desire to inquire-- House leave of absence for the remainder of the eveuing. The SPEAKER. Does the gentleman from 1\!ississippi rise to make The SPEAKER. Is there objection to the request ofthe gentle­ a parliamentary inquiry f man from Georgia Y Mr. MULDROW. Yes, sir. There was no objection. The SPEAKER. The gentleman will state it. The question was taken; and there were-yeas 73, nays 96, not ~h-. MULDROW. Being myself in favor of the suppression of voting l:l3; as follows : polygamy in the Territories-- YEAS-73. The SPEAKER. The gentlemen is not in order to make a speech. .Armfield, Dibble, .Tones, .Tames K . Rosecrans, If he has a parliamentary inquiry to ma.ke, he will state it. Atkins, Dibrell, Kenna, Sha

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1882. CONGRESSIONAL RECORD-HOUSE. 1857

Neal, Richardson, Jno. S. Speer, Watson, Thompson, P. B. Wadsworth, Wheeler, Wise, Morgan R. Nolan, Robeson, Springer, Webber, Updegraff, J. T. Wait, White Wood, Benjamin Oates, Ross, Stephens, Wellborn, Updegraff, Thoma,s Walker, Whitthorne, Wood, Walter A. Pacheco, Russell, Strait, West, Urner, Wat on, Williams, Thomas Young. Page, Scoville, Thompson; P. B. Wheeler, Vance, Webber, Wise, George D. Pa.lil, Soranton, Tucker, Whitthorne, Pierce, Sha~kelford, Tyler, Williams, Thoma,s The SPEAKER. The Doorkeeper will close the doors. Phelps, Shelley, Updegraff, J. T. Wise, George D. Mr. HASKELL. I ask consent that further proceedings under the Phister, Sherwin, Updegraff, Thomas Wise, M.or~an R. call be dispensed with, my object being to move that the House take Pound, Singleton, Jas. W. Urner, Wood, BenJamin Ranney, Singleton, Otho R. Van Voorhis, Wood, Walter A. a recess. Reed, Smith, Dietrich C. Wadsworth, Young. The SPEAKER. The gentleman from Kansas moves to dispense Rice, John B. Smith, J. Hyatt Wait, with all further proceedings under the call. Rice, William W. Sparks, Walker, :Mr. RANDALL. With the understanding that a motion is to be Richardson, D.P. Spaulding, Ward, made for a recess. So the motion to adjourn was not agreed to. The SPEAKER. As many as are in favor of dispensing with all The following additional pairs were announced froiQ. the Clerk's further proceedings under the call-- desk: Mr. CALKINS. Wait a moment. It is understood that the gen­ Mr. BLANCHARD with Mr. LEWIS. tleman from Kansas has a proposition t.o submit which if agreed to Mr. UPDEGRAFF, of Ohio, with Mr. MOREY. shall dispense with further proceedin~s under the call. Mr. WELLBORN with 1\lr. DEERING. Mr. CAMP. A motion for a recess 1s not in order in the absence Mr. TUCKER with Mr. RUSSELL. of a quorum. Mr. MOULTON with Mr. WADS WORTH. lli. CALKINS. The gentleman from Kansa-s wishes to submit a Mr. PHISTER with Mr. PoUND. proposition which we think all members will agree to; and if it be 1\lr. FISHER with Mr: WISE of Pennsylvania. agreed to, further proceedings under the call will be dispensed with. Mr. ERMENTROUT with Mr. BINGHAM. The SPEAKER. The question is on the motion of the gentleman Mr. HARDENBERGH with Mr. PAGE. from Kansas, [Mr. HAsKELL,] to dispense with all further proceedings · lli. DUNNELL with Mr. ATKINS. under the call. The result of the vote was announced a-a above stated. The motion was not agreed to. [Cries of "Regular order I"] Several MEMBERS, (to Mr. HAsKELL.) Now state your proposition. The SPEAKER. The regular order is upon ordering the previous Mr. HASKELL. I desired unanimous consent, ifitconld be grant- question. ed, to dispense with further proceedings under the call and to take Mr. MULDROW. I move that the bill be committed to the Com­ a recess until half past eleven o'clock to-morrow morning. mittee on the Judiciary with instructions-- Many MEMBERS. That is all right. Mr. VAN VOORIDS. That motion has already been voted on. The SPEAKER. Is there objection to dispensing with all further Mr. MULDROW. I rise to a parliamentary inquiry. As I under­ proceedings under the call t stand, the motion heretofore made was to commit. Have I not the lli. CAMP. I object unless the proposition of the gentleman from right now to move to commit with instructions t Kansas for a recess is agreed to on the other side. The SPEAKER. The other motion was a motion also to commit 1\lr. MANNING. There is no objection here. with instructions. But in either case-'the motion of the gentleman Mr. HERBERT. What is the proposition t . is not in order. The SPEAKER. The gentleman from Kansa8 submits a request Mr. MULDROW. I move to commit the bill to the Committee on that by unanimous consent the House now take a recess till half pa8t the Territories with instructions- eleven o'clock to-morrow morning. Is there objection t The Chair The SPEAKER. That motion is not in order. hears none, and the proposition is agreed to. Mr. MULDROW. I desire to read the instructions that 1 propose, LEAVE OF ABSENCE. so that the House may understand my purpose. By unanimous consent, leave of absence was granted as follows~ The SPEAKER. The gentleman will state his proposition. To Mr. ROBERTSON, for the remainder of this day's session, on ac­ Mr. MULDROW. It is simply that the eighth section of the count of indispesition; and bill- The SPEAKER. The gentleman will state his motion. To 1\lr. LATHAM, from and after Wednesday next till April3. Mr. MULDROW. My motion is to commit the bill to the Com­ PRINTING A BILL. mittee on the Judiciary with instructions-- The SPEAKER. It is desired that a bill on the Speaker's table, The SPEAKER. That motion is ruled to be out of order. to execute certain treaty stipulations relating to the Chinese, be Mr. MULDROW. Then I move to commit to the Co:m.mtttee on printed. the Territories with instructions. Mr. PACHECO. I make that request. . The SPEAKER. And that motion is out of order under the rules. There being no objection tho order for printing was made. The question being taken on ordering the previousquestion, there The SPEAKER, (at six o1 clock and fifty minutes p. m.) In pursu• were ayes 76, noes none; no qnornm voting. ance of the order just adopted by unanimous consent the House now Tellers were ordered, and Mr. HAsKELL and Mr. MULDROW wore takes a recess until half past eleven o'clock to-morrow. appointed. The Honse divided, and the tellers reported ayes 67, noes none. SeveraJ.l\IEMBERS. No quorum. MORNING SESSION. Mr. ROBESON. I move a call of the House. The recess having expired, the House reassembled n.t eleven o'clock The motion was agreed to. and thirty minutes a.m., (Tuesday, March 14, 1882.) The Clerk proceeded to call-the roll, when the following-named members failed to answer: POLYGAMY. The SPE·AKER. When the Honse took a recess last evening it had Aiken, Cornell, Harmer, Moulton, Aldrich, Cox, Samuel S. Rania, Benj. W: Neal, under consideration the bill (S. No. 353) to amend section5352 of the Allen, Covington, Harris, Henry S. Nolan, Revised Statutes of the United States in reference to bigamy, and for Anrlerson. Cravens, Hazelton, Oates, other purposes. The pending question then waa upon the demand Atherton, Crowley, Heilman, Page, of the gentleman from Kansas [Mr. HASKELL] forthe previous ques­ Barbour, Culberson, Herbert, Phelps, Barr, Curtin, Herndon, Phister, tion upon ordering the bill to a third reading. The question now Bayne, CuttS' Hewitt, AbramS. Pound, recurs upon the demand for the previous question. Be11.ch, Davidson, Hiscock~. Ranney, Mr. PAGE. I desire to make a parliamentary inquiry. Belford, Deering, Hoblitzell, Reed, will Belmont, DeMotte, Horr, Rice, William W. The SPEAKER. The gentleman state it. Beltzhoover, Deuster, Honk, Richardson, D.P. 1\lr. PAGE. What effect does the recess have upon the special Berry, Dowd, Hubbell, Richardson, J. S. order set apart for the second Tuesday of this month after the morn­ Bingham, Dugro, Jacobs, RobertsoJA, ing hourf Black, Dunn, Jones, George W. Ross, Blanchard, Ellis, Jones, Phineas Russell, The SPEAKER. The legislati~ day of Monday is still continuing. Bla.nd, Ermentrout, Joyce, Scoville, Mr. PAGE. And when this bill haa been disposed of to-day, the Bliss, Errett, Kelley, Stll'anton, House can adjourn and commence the legislative day of Tuesday f Blount, Evins, King, Shackelford. The SPEAKER. If the House so decides. Bowm.'\n. Fisher, Klotz, Shelley, Bragg, Flower, Latham, Sherwin, Mr. PAGE. I shall enter a motion to adjourn five minutes before Brewer, Ford, Sin~leton, Otho R. twelve o'clock to-day, unless my rights in regard to the special order Brown, Forney, ~~:· Snuth, A. Herr. of to-day be saved. Buckner, Frost, McCook, Smith, Dietrich C. Mr. REAGAN. I desire to make a suggestion. There are some Bm-rows, J os. H. Geddes, McKenzie, Smith, J. Hyatt Campbell, George, McKinley, Sparks, amendments to this bill upon which we desire to vote. I desire to Cannon, Gibson, McLane, Speer, have a vote upon some amendments to the eighth section of the bill. ca.--well, Godshalk, Mills, Stephens, Willit be assumed that the representatives of the people have no Chace, Guenther, Money, Stone, I Clark. Gunter, Morey, Strait, right to consider amendments and to debate the billY suppo6e Clements, Hammond, John Morse, Talbott, there i.e not a gentleman on this floor who is not an:xions to pass an {::obb, Hard:'f, Mosgrove, j:homa.s, efficient; bUJ.? anq l tffi~ w~ will get through more q_uickly and more ,...

1858 CONGRESSIONAL RECORD-HOUSE. MARon 13,

satisfactorily if opportunity is ~iven for amendments to be proposed from Kansas has yielded to me for a question which I have not been and voted upon. There is no disposition to delay action on this bill. permitted to ask. .Mr. HASKELL. I would inquire how many amendments gentle­ The SPEAKER. The regular order is demanded, and the Chair men on the other side desire to offer f will state that the regu1ar ord,er is on ordering the previous ques­ :Mr. REAGAN. I desire to move two small amendments to the tion, which is demanded by the gentleman from Kansas. The Chair eighth section of the bill. unuerstands this colloquy to be going on by unanimous consent only, Mr. BUCKNER. And I desire to offer an amendment as to the effect and it is willing to indulge it provided unanimous consent is granted. of the bill. Mr. ATKINS. We have heard one side of the House on the ques­ Mr. PAGE. I have not concluded my parliamentary inquiry. tion; now let us bear the other. Mr. SINGLETON, of Illinois. I desire to say to the gentleman l\1r. BLACKBURN. Let me ask a question, and I will do it in ont\ from Kansas [Mr. HAsKELL] that I have half a dozen small amend­ in~tant. ments which I desire to offer for the purpose of perfecting this bill. 1\lr. CAMP. I rise to a question of order. Mr. HASKELL. It is the earnest desire of the friends of this bill The SPEAKER. Gentlemen insist on the regular order. to secure its passage without amendments even if with amendments 1\Ir. BLACKBURN. I rise to this point of order-­ the bill as a piece of legislation might be a little more conclusive or The SPEAKER. The gentleman will state it. a little more accurate. It is understood that the opponents of this 11lr. BLACKBURN. The gentleman from Kansas was in possession bill, those who desire no legislation at all upon this subject, are very of the floor, and very courteously yielded to me at my request to sub­ anxious of tacking-on some slight amendment merely for the purpose mit a question. of hanging up the bill between the two Houses. 1\h. CAMP. Without prefacef I know that many gentlemen on the other side of the House de ire 11lr. BLACKBURN. I think I am entitled, therefore, to ask the in good faith to offer amendments to perfect the bill. But we feel question. upon this side of the House that any amendment, however good, or The SPEAKER. The gentleman from Kansas himself, except by however slight, if adopted, will accomplish the purpose of the e unanimous consent, had no right to enter upon this colloquy. Of emissaries of the Mormon Church who are here striving to defeat this cour e the Chair is quite willing to recognize the gentleman from bill. We therefore desire to pa s the bill as it is, pure and simple. Kentucky or any other (J'entleman-- :Mr. CASSIDY. I desire to state to the gentleman from Kansas 1\Ir. BLACKBURN. Ihope the regular order will not be demanded. [ lr. HASKELL] that there are a number of gentlemen on this side The SPEAKER. If by unanimous consent it can be done. of the House who will vote for the clean bill as it came from the :lllr. BLACKBURN. One side of that colloquy has been heard, the Senate. other ha not. · l\1r. HASKELL. How many such vote have you on that side f ~lr. CA)fP. I withdraw the demand for the regula~· order of busi­ Mr. CASSIDY. There is one that I know of. ne . 1\Ir. REAGAN. I have heard what the gentleman from Kansas The SPEAKER. The Chair is willing to hear the gentleman with [Mr. HAsKELLJ has said. I desire to say that it is yet early in the the com~ent of the llouse. The Chair hears no objection. session, and it 1s undoubtedly true that a bill will be passed in some Mr. BLACKBURN. Mr. Speaker, what I desire to say is thi . I shape by a large majority of the House. But there are a few of us know no man in this House who is not willing to vote for any bill who do not want to aboli h the Constitution while we are endeavor­ th.at looks toward the suppre sion of polygamous practice in any and ing to aboli h polygamy. The gentleman from Kansas a-sks a good evt:'ry section of the country over which this Government holds- xe­ deal of us when he asks us to surrender our representative duties, our cutive jurisdiction. respect for the Constitution, and when he denies to us the right to I am sure, further, there is no man on this side of the House who open our mouths in debate, or to oft'er amendments as we always will offer any obstruction or any dilatory motion toward the pa sage have done on great measures. of this bill, which many of us believe to be bad in several regards, Mr. HASKELL. But we offer an opportunity for debate and the provided the rule adopted for the government of this House and for printing of your amendment , and opportunity for personal expla­ the governm nt of every parliamentary body in the world is observed, nation , and everything which is necessary to vindicate the personal which is to afford a majority of that body opportunity by amendment standing of members upon this proposition. to perfect legislation before a vote is had upon the bill itself. 1\lr. SINGLETON, of illinois. But if the bill is faulty you ought Mr. HASKELL. Let me reply to that. to allow it to be amended. 1\lr. 1\lcCOID. I rise to a point of order. l\1r. HASKELL. We think it is not faulty. The SPEAKER. The gentleman from Iowa rises to a point of order. 1\lr. SINGLETON, of Illinois. Then you can vote down the amend- 1\Ir. HASKELL. Let me make reply to the gentleman from Ken- ments. . tucky, plea e. 1\Ir. BLACKBURN. Will the gentleman allow me a question .Mr. McCOID. All right. 1\Ir. HASKELL. Certainly. .Mr. HA_SKELL. Now, the plea of the gentleman from Kentucky Mr. BLACKBURN. I ask it in all deference and with all respect. is that we may proceed under the rules of this House, and that a Is it the purpose of the gentleman to refuse this Honse the right to majority shall control whether this bill shall be amended or not. consider and vote upon any amendment that a majority of the House Now, I believe the majority of this House desire this bill as it is, might probably want to put on this bill f and we offer to the gentleman from Ken_tucky now to call a vote on Mr. HASKELL. Oh, no·; we do not want to deny the other sifle the bill as it is. If a majority of this Honse shall determine that they of the House the opportunity for debate or for amendment. But we do not want this bill as it is-- want to convince that side of the Honse that it is good policy, that 1\lr. BLACKBURN. Does the gentleman-- it is wise, to cease this factious opposition and to give us the bill as 1\lr. HASKELL. Hold on; let me go through. If a majority of it is. this House determine that they do not want this bill as it is, then, of 1\Ir. CAMP. Order the previous question and there will be oppor­ course it is open to an1endment. tunity for debate. Mr. BLACKBURN. There is no precedent for such a practice. 1\lr. BLACKBURN. But that will cut off all opportunity to offer · ]!fr. HASKELL. It is the rule and practice of justice. . amendments. Will the gentleman from Kan as allow me to ask him 1\lr. BLACKBURN. The rule says you shall by an amendment this ! I do not mean to refer to any sides in this House ; but I be­ perfect legislation before you vote finally on a bill. lieve there are amendments which the majority of this House, if it 1\Ir. HASKELL. Allow me to reply. had the opportunity, would put upon this bill. Will the gentleman ~h. BLACKBURN. Is the gentleman afraid of amendmentT in charge of the bill give the majority an opportunity to uo that f Mr. MILLER. Vote down the previous question if you wish to 1\fr. HASKELL. Let me reply to the gentleman from Kentucky amend the bill· that is, if you have a majority. [1\fr. BLACKBUR..~] by asking that side of the House if they will not l\1r. HASKELL. We are asking a fair test of voting strength on tirst give usa square vote on the bill as it nowstandsY Thenifthe the proposition as it is. If a majority of this House want it as it is, majority of the House desire to amend the bill-- · then we will have the amendment and consideration the gentleman 1\lr. BLACKBURN. vVill the gentleman undertake to deny to the requires. majority of the House-- 1\lr. BLACKBURN. In one sentence permit me to ask-- 1\Ir. CAMP. I call for the regular order. 11lr. HASKELL. Nothing can be fairer. Mr. BURROWS, of Michigan. May I be permitted just a word 7 l\1r. BLACKBURN. No amendment can be put on this bill unless 1\Ir. BLACKBURN. Will the gentleman from Kansas allow me a a majority supports it. word! 1\Ir. HASKELL. Then the majority can vote down the previous · ~1r. HASKELL. I am trying to do so. I am entirely·willing that question. · this bill shall be open to debate and amendment, if the House will Mr. BLACKBURN. And I can tell the gentleman that he will not allow the majority :first to express its opinion upon the bill as it get the previous question under the gag law. now is. Mr. HASKELL. In order to get at the sense of the House-the l\1r. BLACKBURN. Now will the gentleman answer me this. majority of the Hou e-upon this bill, I move the previous question, Here is the question-- which is the regular parliamentary proceeding upon the bill, and in The SPEAKER. The regular order has been demanded. that way I wish to test the sense of the House upon it. I therefore 1\Ir. BURROWS, of Michigan. Mr. Speaker, I desire to say a single demand the previous question. WM~ • l\1r. BLACKBURN. ·which you will not get. That I can aSBUI'e Mr. BLACKBURN. I desire to say a single word. The gentleman the gentlemal:l. _ 1882. CONGRESSIONAL RECORD-HOUSE. 1859

Mr. ROBESON. I demand the regular order. remember in previous Congresses, when the Democratic party were :Mr. BURRO,VS, of Michigan. Will not the gentleman from Kan­ in the majority and we in the minority, that we foaght clay after sas yield to me for a suggestion. Y [Cries of ''Regular order!"] day for the simple right of offering and debating amendments, and The SPEAKER. The regular order has been called for on both sides we believed then that we were right. I believe that we were right of the House. and that gentlemen insisting upon the same privilege now are also Mr. BURROWS, of Michigan. I understand the gentleman from right. [Applause on the Democratic side.] Now I speak only for Kansas yields to me . . m;rself. If the amendments that are offered to this bill do not meet Mr. CONVERSE. I hope the House will hear the suggestion of With the approval of the House, then let the majority vote them the gentleman from Michigan. down. I am iu f::wor of the bill just as it is, although it may not be

The SPEAKER. The Chair will state that the regular order has perfect; although it may not be all that we could desire, yet1 for been demanded, and this proceeding having gone on by unanimous one, I shall vote a~ainst every amendment, for the purpose of pre­ consent, the Chair is compelled to recognize that demand. The regu-· venting this bill trom going back to the Senate, so that when it lar order is clemanded for the previous question. passes the :ijpuse and receives the approval of the Executive it may :Mr. CONVERSE. I wish to make an inquiry of the Chair. become the law of the land. But, Mr. Speaker, we have no right, Mr. SPRINGER. Pending that, as the legislative day of Tuesclay in my judgment, as a majority, to say that the minority shall not will begin in a few moments, I move that the House do now adjourn, have an opportunity to offer amendments or discuss a bill of so great so that the legislative day of Monday may end before twelve o'clock. magnitude. And now, while I speak only for myself, I simply say I Mr. CONVERSE. I have a parliamentary inquiry which I wish believe opportunity should be given to the gentlemen who desire to to address to the Chair, and which may save time. offer amendments to do so, with a reasonable time to debate, and The SPEAKER. The Chair will hear the gentleman. when a majority of the HollSe determines to close debate it has the Mr. CONVERSE. I understood the Speaker to rule on yesterday power to do so. that there would be debate upon this bill for thirty minutes. Now I Mr. KENNA. If that is agreed to the bill will be passed before wish to know if that debate will not be cut off if the previous ques­ night. tion is ordered at this time. l\Ir. CONVERSE. Ift.he gentleman from Kansas [Mr. HAsKELL] The SPEAKER. The Chair stated on yesterday that if the previ­ will allow llS Qne hour for amendments and debate under the fi.ve­ ous question should be ordered there would be thirty minutes allowed minate rule and one hour further for general debate the whole thing for debate under the rule, fifteen minutes on each side. will be closed in two hours. Mr. CONVERSE. But I desire to c-all the attention of the Speaker l\Ir. BURROWS, ofMichigan. The proposition of the gentleman particularly to the rule, fearing that under the operation of the pre­ from Ohio I think is perfectly fair. vious question there can be no debate. I merely call attention to Mr. HASKELL. I am willing to accept that proposition. the fact in order that it shall be determined beyond doubt whether Mr. ROBESON. Will gentlemen allow me to make a proposition T the previous question cuts off debate, or whether the debate mast 1\lr. TOWNSHEND, of lllinois. We all agree to the proposition ta.ke place before the previous question is ordered. And in the same which ha been accepted by the gentleman from Kansa-s. connection I hope my friend from Illinois will withdraw his motion ~Ir. ROBESON. Will gentlemen not give us a vote1 to see whether to adjourn, so that we may hear the suggestion of the gentleman the majority of this House are willing to accept this bill without from Michigan. amendment. [Cries of "No!" "No!" "Regular order."] Then you Mr. SPRINGER. I will withdraw the motion to adjourn for that are not willing to t est what is the wish of the majority in this mat­ purpose. ter. The SPEAKER. In response to the inquiry of the gentleman from Mr. TOWNSHEND, of Illinois. It is evident the gentleman from Ohio, the Chair will again cause to be read the third paragraph of New J ersey [1\lr. ROBESON] wishes to filibuster. We do not want to Rule XXVIII. . filibuster i u our action on this bill. The Clerk read as follows: Mr. HAMMOND, of Georgia. I move the House do now adjourn. When a. motion to suspend the rules ha.s been seconded it shall be In order, The question being taken on the motion to adjourn, there were, before the final vote is taken thereon, to debate the proposition to be voted upon ayes 35. for thirty minutes, one-half of such time to be given to debate in favor of and one­ Before the ne~ative vote wa-s counted, half to debate in opposition to such proposition, and the same right of debate hall Mr. f AGE said: I ask that the offer made by the gentleman from be allowed whenever the previous question has been ordered on any prl•position on which there has been no debate. Kansas be submitted, to see if it is accepted br the House. l\Ir. TOWNSHEND, of Illinois. The proposition is ac~epted. The SPEAKER. Under that rule thirty minutes will be allowed Mr. CAl\IP. It is not accepted. for debate, to be divided equally between each side. Mr. BLACKBURN. We can vote on it anyhow. Mr. KASSON. I ri e to a parliamentary inquiry. l\Ir. SPRINGER. We will vote down the previous question. The SPEAKER. The gentleman will state it. · 1\lr. TOWNSHEND, of Illinois. I understand that the proposition 1\Ir. KASSON. I wish to ask, sir, two questions: fi.Tst, whether · which has been made being accepted, the motion to adjourn is with­ it would not be within our province, by unanimous consent, to allow drawn. the time for debate to be extended to two hours; and secondly, if The negative vote on the motion to adjourn was counted; and that will be satisfactory to gentlemen upon the other side f there were noes 75. The SPEAKER. That is for the House to determine. So the motion to adjourn was not agreed to. · Mr. TOWNSHEND, of Illinois. If the bill is open for amendment, Mr. HASKELL. I ask unanimous consent to submit to the House I have no doubt that the proposition of the gentleman from Iowa a proposition that guards the rights of everybody. would be acceptable to every gentleman on this side of the House. Mr. HOOKER. I object. Mr. ROBESON. But suppose this House, by a decisive vote order­ :Mr. KENNA. It does not make any difference whether one mem­ ing the previous question, declares that it does not want the bill ber objects or not. The proposition is accepted by this side of the amended. In that event I wish to ask if two hours' debate will be House. satisfactory to gentlemen f The SPEAKER. Th~ :proposition is not accepted unless it be by Mr. BLACKBURN. No. unanimous con!$8nt. Mr. TOWNSHEND, of Illinois. That would simply cut off all l'tlr. HOOKER. I reserve my right to object till I hear the prop­ opportunity for amendment. osition read. Mr. BLACKBURN. I wish to make a parliamentary inquiry. The Clerk read as follows: Mr. ROBESON. That is whatiwantto ascertain from gentlemen Ordered, That the present legislative day continue until the pending bin is dis· on the other side, and the gentleman has not answered my question. posed of; that the bill be open for amendment and debate under the five-minute :Mr. TOWNSHEND, of illinois. As I understand the gentleman's rule for one hour; that at the end of that hour the previous question shall be con­ sidered a.s ordered on the bill and amendments then pending ; that one hour of question, it certainly would not be satisfactory to this side of the debate be allowed on the bill after the previous questiiJn is ordered, which hour House, in view of the fact that it cuts off all opportunity of amend­ shall be equa.lly divided between the friends and opponents of the bill; at the end ment. of which hour the question shall be taken on the pending amendments, the third Mr. ROBESON. It will only do ~hat in the event that the major­ reading, and passage of the bill. ity of the House do not want amendments to the bill. Mr. BLACKBURN. That is all right. .Mr. BURROWS, of .Michigan. I desire to make a suggestion, if The SPEAKER. Is_ there objection to the proposition which h~-s the House will hear me for a moment. just been read T [After a pause.] The Chair hears none; and this The SPEAKER. The regular order is called for. order is understood to be made by unanimous consent. "Mr. PAGE. I hope the House will hear the suggestion of the gen­ The gentleman from Kansa-s [Mr. HASKELL] 'vithdraws his demand tleman from Michigan. for the previous question. The Chair will state it will be impos ible Mr. SPRIN~ER. I hav.e w~thdrawn t~e motion to adjourn, and to proceed with the bill unless gentlemen will ret~ their seats. hope there will be no obJection to hearmg the suggestion of the When the House is in order business will proceed. gentleman. l'tlr. REAGAN. I de ire to offer two amendments to the eighth Mr. BURROWS, of Michigan. I think it must be manifest to section of the bill. every member present acquainted with the proceedings of this House The SPEAKER. The hour for amendments and debate under the that it will be unwise to pursue the path in the direction we are now five-minute rule, in accordance with the order which has just.been g_oing. It seems t~ me that the proposition coming from the other made, will now commence. The gentleman from Texas [Mr. REAGAN·] sale to be allowed trme to offer amendments and have an opportunity is recovc been offense for which he is to be debarred the right of holding office. duly convicted of either of said offenses." That is clearly expressed in this bill. The object of offering these amendments is that we may pa sa bill 1\lr. TUCKER. Then tell me whether a man can be di qualified which sha.ll not be held to be a bill of pains and penalties under the under the eighth section without ab olute judicial conviction Y Constitution, a bill of trial and conviction by an arbitrary board of 1\Ir. HASKELL. Let the gentleman read the language of the supervi ors tmder an act of Congress, without the benefit of a trial section. of the facts by a jury. Mr. TUCKER. I want my friend to interpret his own law. .Article 5 of the amendments to the Constitution is as follows: Mr. HA KELL. Certainly. No person shall be held to answer for a capital, or otherwise infamous crime, un­ Mr. TUCKER. Then the gentleman says that he must be con­ less on a presentment or indictment of a grand jury, except in cases arising in the victeu. land or naval forces, or in the militia., whon in actual service in time of war or pub­ Mr. HASKELL. It must be proven by competent authority (you lic danger; nor shall any per on be subject for the same offense to be twice pnt can use what term you please) that he, the individual holding thE> in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness a~ainst himself, nor be deprived of life, liberty, or property, without rlne office, is clebarrerl unif.er the provisions of this bill. process of la.w; nor shall private property be taken i'or public use, without just I am not asserting what court or what body has ,jurisdiction in thr compensation. matt r. I am merely a erting that the langua_pe of the bill is specitir .Article 6 of the :tmenclments provides: and lear; that und the tribunall; e tablishen by the authority con In all criminal prosecutions, the accused shall enjoy th e right to a speedy and fen ·ed upon the officers charged with the duty under this bill, th1 public trial, by an impartial ,jury of the State anfl district wherein the crime sball per on mm;t be found to be one rendered ineligible to office. have been committed, which district shall have been previously ascertained hy That fact is to be established precisely as any other qualification law, and to be informed of the nature and cause of the accu ation; to be confronted with tbe witnesses against him; to have compulsory process for obtaining wit­ or disqualification for office or for voting is to be established; noth­ nesses in his favor, and to have the a sistance of counsel for his defense. ing more and nothing le s. But to insert in section 8 of the bill a provision that the "per ·on duly convicted," &c., is using phra eolo~y In the third subdivision of ecti-on 9 of article 1 of the Constitu­ that may apply to courts; whereas the phraseology now used in tne tion it is provided that "no bill of attainder or ex post facto law shall bill may apply to a tribunal not technically a court. To put such be pa ed.'J Fm the interpretation of this provision I call attention language in this bill is simply to confuse and to mislead. The amend­ to the comments of :Mr. Justice Story on the Constitution of the ment ha-s no place in the bill and should be promptly voted down. United States. In paragraph 1344, volume 2, he says : The SPEAKER. Debate upon the pending amendment has been :Bills of attainder, as they are technically called, are such special acts of the Legislature as inflict capital punishment up.on persons supposed to be guilty of exhausted. The ·question is upon the amendment offered by the gen­ high offenses, such as treason and felony, without any conVIction in the ordinary tleman from Texas, [Mr. REAGAN.] course of judicial proceedings. If an act inflicts a milder form of punishment 1\Ir. SPRINGER. I rise to a parliamentary inquiry. than death it is called a bill of pains and penalties. But in the sense of the Con­ The SPEAKER. The gentleman will state it. stitution it seems that bills of attainder include bills of pains and penalties; for the uprerue Court have said a bill of attainder may affect the life of an individual, 1\.Ir. SPRINGER. Under the order adopted by the House I supposed or may coii:fiscate his property, or both. In such cases, the LegislatRre assumes that these amendments were to be voted on after the expiration of Judicial magistracy, pronouncin~ upon the ~ilt of the party without any of the the hour. Otherwise we might take up the hour in voting upon one common forms and guards of trial, and satiSfying itself with proofs, when sncb or two :unendment under the five-minute rule. I ask thm; the order proofs are withln its reach, whether they are conformable to the rule of evidence or not. In shmt, in all such cases, the Legislature exercises the highest power of be read. sovereignty, a.nd what may be properly deemed an irresponsible discretion, being The SPEAKER. The Chair will direct the order to be read if the governed solely by what it deems political necessity or expediency, and too often gentleman desir to have time taken for reading it. unrler the in1iuence of unreasonable fears or unfounded suspicion. Such acts have b en often resorted to in foreign governments as a common engine of state, and Mr. SPRINGER. I a k that it be read, for it is very import-ant. even in England they have been pu.shed to the most extrava~ant e11..'i.ent in bad The Clerk read as follows: times, 1·eaching as well to the absent and the dead as to the linng. Ordered, That the present legislative day continue tmtil the pending bill is dis­ po ed of; that the bill be open to amendment and deb!te under the fi'l"e-minute .And I will briefly call attention to two recently adjudicated c::tSes rule for one hour; that at the end of that hour the previous question shall be con­ on this exact question. The first to whieh I shall call attention is sidered as ordered on the bill and amendments then pending ; that one hour oi the case of Cummings a

l\Ir. CARLISLE. I will not consume the time of the House. the vain hope that the spirit of the people would be broken, or, in The question being taken on the amendment of Mr. REAGAN, it the language of the Declaration of Independence, that they would was not agreed to. be "fatigued" into compliance with the will of the party in power. Mr. MILLS. I move to amend by striking out the eighth and ninth It was a mistake and a grievous one. It only taught the people how sections of the bill. I ask unanimous consent that I may have ten inestimable was the principle of self-government-how cruel was tho minutes to advocate this amendment and that any gentleman on the power of centralization. It intensified their Democratic convictiont-~. other side may have ten minutes to oppose it. They appealed to the conscience and judgment of their fellow-citi­ The SPEAKER. The gentleman from Texas asks unanimous con­ zens in every section of the Union. They exposed the persecutions sent to be allowed-- · to which they were subjected, and by the aid of an enlightened pub­ :Mr. McLANE. I aGk for the execution of the order of the House. lic opinion they threw off the yoke of oppression and one by one Mr. TOWNSHEND, of Illinois. It would not be justice to other resumed their stations in the Union of free and sovereign States. members of the House to agTee to the pToposition of the gentleman But there remains the third party in the alliance, those whoop­ ftom Texas. pose polygamy because the people of Utah have some property-the Mr. MILLS. I withdraw the request. patriots who question Naboth's loyalty because of Naboth's vineyard. The SPEAKER. The gentleman from Texas [Mr. 1t1ILLS] is recog­ They :ue to be the instruments through which the great moral refor­ nized for :five minutes upon his amendment. mation is to be wrought. They are to hold the offices, legislative, Mr. MILLS. Mr. Speaker, in common with all the people of the executive, and judicial. They are looking to their reward-in this United States of both parties and all religious creeds outRide the world, not in the next. They will vote charters to railroads and boundaries of Utah, I am opposed to polygamy. I am as anxious as other corporations through the Territorial Legislatme. They will any friend of this bill to see it pass a way, and am willing to aid in the grant bounties of other people's bonds and hawk and peddle them accomplishment of that end in the proper way; but I am opposed to throngh the streets. They will live and fatten on the spoil and this bill and to the methods adopted by it. While I oppose polygamy, plunderofthewretched people who are subjected totheirpower, and I will not suffer myself to be led into the perpetration of a greater this will continue until an indignant public opinion shall whlp them wrong against the whole .American people. Those who profess to be out of power, and compel Congress to restore the government to its greatly incensefl against this "relic of barbarism" are not contented rightful owners, the people of t.he Territory. By the passage of this to have all the machinery of the judiciary of Utah placed in their bill all control over the local affairs of that Territory is gone from its bands, but want the Tenitorial government as well. They now have people. They will be required to endure great suffering and sacri­ the governor and the judge and the district attorney and the marshal, fices without the least power of correcting the evil. It will no longer and this bill gives them the jury. Is not that power enough to convict be a government by the people for the people, but a government of every polygrunist and :fill all the prisons in Utah 'f "Why CLo they want robbers protected by the Federal Government while they plunder the Legislature f If polygamy .is what they want to extirpate, what the people. do they want with the eighth and ninth sections of the bill 'I These If there is one principle in our structure of free government more sections overthrow the right of self-government and deliver the gov­ prominent than all others, it is that one, so often asserted, that every ernment of the Territory into the hands of a returning-board. They distinct political community is clothed with the inherent right of establish an oligarchy, not a republic. They are wholly at war with self-government. It was born in the throes of oppression. It is every principle of government recognized by our fathers. There is the shield and the buckler of the weak and powerless. It is a something besides polygamy that is desired to be accomplished. fortress and sure hiding place where the votary of liberty may That is not the only sin of those unhappy people. find an asylum when the mailed hand of power stJ.ikes at his There are three classes who are confederated in this movement heart. The :first compact of government formed by English-speak­ against them. There are the religionists, who are sincere. They ing people on this continent established and proclarmed it as wish polygamy uprooted, and, forgetting the history of the church their right :md bequeathed it as an inheritance to their children. and the teachings of its founder, they are trying to propagate the Driven fr·om their homes and native land by persecution, intolerance, iloctrines of Christ with the instrumentalities of Mahomet. They , and bigotry, theypurchased with their valor this vast continent and are mistaken, but they are honest and sincere. They wish to achieve dedicated it as the home of a free and happy people-and free an!l a great good, but are traveling the wrong road to reach it. For happy because a self-governed people. It is the germ fr·om which them I have great respect, and all I woulu say to them is to consnlt was quickened into being all the distinct political communities that once more the record of the ~eat Teacher himself, and search dili­ to-day constitute the proud and powerful commonwealths of our ~ently to see if they can finct any warrant from Him for propagat-· National Union. It was w1·itten in the charters of all the colonies. mg the truth by the sword or by the phy ical power ef government. It was stoutly maintained in all the controversies with the Crown, He came into the world in the midst of polygamy. In His day all from Plymouth to Lexington, and all the stJ.·uggles that lay between the peoples of the world practiced polygamy. For the first time on Lexington and Yorktown. It was asserted in the Declaration of In­ earth it was proclaimed by Him'' they twain shall he one flesh." dependence at the beginning of the Revolution; it was acknowledged He and He alone established monogamy, and His apostles taught it and conceded by the Crown in the treaty of peace at the end. It wherever they went. His church and His doctrine have spread all was asserted in the .Articles of Confederation and repeated again in ever Europe and .America and are spreading all over the earth. But the Constitution. It has kept pace with the growth of the States not by the power of government; not by the conq nest of the sword, as they have ndvancecl in years and increased in power. but by the inherent power of the truth. The elementary principles Our fathers were born in that faith, grew to manhood, waxed old, of liberty and just government are found in His te:whings. He and died in it, and left it as the most valuable le~acy they could be­ forced no man to act with Him. Every man's action, to be accepta­ queath to their children. In the organization of the Northwestern Lle to Him, had to come from his own consent. He labored to en­ Territories, the first young States that were ~rganized and prepared lighten his judgment and awaken his conscience ancl draw him by for future adm.ission with the original thirteen, it was written down his own consent. He treats with man everywhere as a free man, and guaranteed by the pen and hand of Thomas Jefferson. It has and the great lesson He taught, and the great lesson His apostles been the ruling principle in the organization an.d government of all after Him taught, was the lesson of self-government. the Territmies ever since, and ought to beobserved as a sacred pliu­ The Pharisees taught their followers to govern other people; Christ ciple. The only instances where it has been departed from were iu taught them to let other people alone and govern themsel >es. The the contest about slavery and this of polygamy. With the .Ameri­ doctrine of one was intolerance, bigotry, a.nd persecution; that of the can people consent is the foundation-stone, the bed-rock upon which other was self-knowledge, self-humiliation, self-government, and. self­ all just government stands. Consent is the moral quality that legal­ improvement. One is the doctrine of despotic governments ; the izes all power. Every other exercise of power, umlerwhateverpre­ other is the doctrine of a liberty-loving and a free peoplo. · text, is a bold usurpation. Not the consent of Virginia as to how .Again, we have among the advocates of this bill those who are in­ Massnchusetts shall be governed, not the consent ofNew York as to censed against the people of Utah because they are Democrats. They how North Carolina shall be governed, not the consent of all the see the people of the Western Territorie , and especially this one, other States as to how Rhode Island shall be governed, but the con·­ growing up in the faith of the fathers. They see them voting with sent of each to its own go"\ernment. that party who they believe are tryingto securethehappinessofthe In national affairs, where all are to be affected, the consent of all great masses of the people. They see them beyond the reach of is to be obtained, as m this House. In local affairs, where only the money, and going to the polls and casting their votes a~ainst those who community is to be affected, its consent alone is to IJe given. Tbese, are using their official stations in the interests of the great moneyed sir, aretherightsandprivilegesofthe States that have grown to full power that is now dominating the country. They see Democracy sovereignty. .Are not the rights of the people in the young States spreading all over the West, and they are anxiol.1s to extirpate that. !!Towing up to maturity equally strong' 'Vhere can you dmw any And denouncing the Democratic people of Utah as polygamists, and llne of just distinction¥ This principle has ever been clear to the thus placing them beyond the sympathy of their fellow-citizens, they .American people, because it secured beyond peradventnre the :pres­ can proceed with their engines of persecution. The gentlemen who ervation of their liberties and the promotion of their happiness. .As have concocted the scheme to disfranchise the people of Utah, or long as each community holds every sinew of power in its own hancls force ~hem to abandon their Democratic convictions, will find them­ it is secure against all oppression, because at the bidding of its own selves as greatly mistaken as they were when they tried the same will it may correct every error or mistake. The government is but experiment in the Southern States. the utterance of its own voice through its own representatives. If The southern people were denounced as disloyal to the Govern­ they prove unfaithful in the discharge of public trusts, they may be ment, a sufficient number Qf them were disfranchised to give their arraigned at the bar of public opinion by the sovereignty of the pub­ local governments into the hands of negroes and carpet-baggers, in lic will: where the trust may be revoked or the wrong redressed. 1862 CONGRESSIONAL RECORD- HOUSE. MARCH 13J

· But when one people ::rre governed by another the power to oppress higher order of morality; there is something more than a hungering is in the hands of one, the suffering to be endured is in the person of and thirsting after righteousness. another. The possessor of the power may wield it according to the The hermits and monks that are preaching this crusade are not of amount of his passion or his prejudice. lie has no responsibility to those who vex their righteous souls from day to day about the im­ hold either his conscience or his pa sion in check. Over his actions morality of this modern Sodom. Their knees are not indmated like his victim has no control. There is no tribtmal at whose bar he can the knees of James the Just from much kneeling. What is the real call him to account. The thunderbolt is in a hand that is lifted far object. Tear off the mask and come out into the light of da.y and 'beyond his reach, and when it falls it is not within his power to tell us why you want to get your hands on the Legislative As embly escape its stroke. of Utah. Before clo ing I want to call the attention of the admirers This is despotic government, and this is the government this bill is of Stephen A. Douglas to the democratic doctrine as he taught it : giving to American citizens in the Territory of Utah. But it is said The principle under our political system is, that every distinct political com­ that Congress has the power to govern the people as it pleases in the munity, loyal to the Constitution and the Union, is entitled to all the rights, priv­ Territories. And the same doctrine was advanced in another legis­ ileges, and immunities of self-government in res~ct to their local concerns and lative assembly some days ago. It is the argument of a tyrant, I internal polity, subject only to the Constitution of the United States. care not where it is uttered. Congress has the power to do wron~, That, sir, is the principle of democratic government, the principle and a great wrong, but that is not a rightful exercise of power; it IS of our fathers, and the only principle upon which we all caa b free an abuse ofpower. Congress has the power to admit a Tenitory and happy and transmit the blessings of liberty to our children. into the Union, and the power to keep it out forever. It has the power Because this bill· violates this fundamental princi pie of fre~ govern­ to destroy its government and surrender it to anarchy. It has the ment I can under no sort of circumstances give it my assent. power to refuse to support its people when invaded by a public The SPEAKER. The gentleman's time has expired. enemy. It has the power to declare its peaceful inhabitants in in­ l\Ir. BURROWS, of Michigan.· Let me ask the gentleman a ques­ sun-ection and send an army upon them. All this is simply an abuse tion. of power. The Government owes to every citizen, wherever he may Mr. TOWNSHEND, of Illinois. Too late. resicle, in a State or Territory, the protection of every right of citi­ The SPEAKER. The question is on the amendment of the fen­ zenship, and it is a duty from which it cannot shrink without dis­ tleman from Texas, to strike out the eighth and ninth sections o the honor. bill. If a government may not shrink from the discharge of the duty of l\Ir. HOLMAN. I ask for a division of the question. protection without dishonor, what words can characterize the act l\fr. CASSIDY. I de ire to be heard brie:fl.y on this point. when it turns upon its people and itself becomes the oppre or. I The SPEAKER. It is not debatable. have been taught from my earliest recollection that arbitrary power l\Ir. CASSIDY. I renew the amendment with a view to discuss was a monster that could live in no land where the English language the question. I will move to strike out the last word ifthat is neces­ was spoken, much less in this land of written constitutions bristling sary. all over with interdictions against every encroachment upon the lib­ The SPEAKER. Debate is proceeding under the five-minute rule, erties of the people. Have American citizens in the Territories no and the Chair must interpret the order of the House in the light of rights that Congress is bound to respect' Can Congress try them proceedings in the Committee of the Whole House when a bill is by court-martial or military commission Y Can it deny them trial by being considered under the five-minute rule. If the gentleman in­ jury Y Can it refuse them bail f Can it forbid them the privilege of sists on moving an amendment to the amendment the Chair will being confronted with their accusers or the compulsory process of the recognize it. court to compel the attendance of their own witnesses As .Ameri­ 1\ir. CASSIDY. I move to strike out the last word. I will move can citizens we are born with these rights inhering in our persons. to strike out anything in order to be heard on this question. [Laugh­ Do we forfeit them by leaving the parental roof in one of the States ter.l and going upon the public lands in the Territories f What a grati­ The SPEAKER. The Chair recognizes the gentleman from Ne­ fying spectacle it must be to adherents of Divine right to see the vada. American Congress striking down the right of self-government in one Mr. CASSIDY. I desire to say to this House, Mr. Speaker, and to of the Territories, and re-enacting the odious test-oaths and bills of the country that I subscribe to every word regarding the funda.­ attainder that blotted the pages of English history in the days of the mental principles of government and of local self-government as Stuart . With what pride will they point to the outlawry of 150,000 uttered and laid down by the distinguished gentleman from Texas. people, and the subjection of their lives, liberty, and property to the I adhere to the doctrine promulgated by him. But this is an excep­ mercy of a board of five royal regents, chosen on account of their tional ca-se. It is a desperate case, requiring a desperate remedy. unrelenting hostility to the unhappy people who are made their vic­ We are all agreed that polygamy should be suppressed, that it should tims, by the American Congress, in the land of Washington and be extirpated in Utah. But if these two sectivns are trick en from Adams and Jefferson. the bill, or if the bill should become a law without them, you might This imperial commission is empowered-to carry at its girdle the just as well not pass any law at all on the subject. keys of death and hell. It is clothed with power to pa on the moral I undertake to say, sir, that the cardinal idea of this bill is to strike qualifications of every officer elected by the people, and from their at the institution of polyg:amy so as to degrade it in Utah. That is judgment there is no appeal. They are vested with power to close the correct idea as far as it goes. You must set a ban upon it. You the doors of the Legislative Assembly of the people upon their own must instruct the rising generation in Utah that if they want to representatives and fill the vacant seats with the product of their enjoy the blessings of local self-government so eloquently set forth own spawn. This venal instrument of oppression is not wholly un­ by the gentleman from Texas, they must, the same as all other peo­ known to fame. It has left a record as indelible as infamous on the ple, obey the laws of their country. [Applause on the Republican pages of our recent history. For a few dark and melancholy years side.] Hence it is that I say in considering this que tion, no matter it wielded an unchallenged scepter in the Southern State . It tilled what phase it may assume, our main object must be to strike at po­ the legislative balls with its own creatures, and the complacent lygamy so as to make it disreputable amon:g the non-polygamous slaves without murmur registered the decrees of their masters. In people of Utah as it is everywhere else under the sun. [Applau e.] my own State they took from the people the election of every execu­ How is it now Y The polygamist element in Utah hold fully nine­ tive n,nd judicial officer. And when the legislative officers were to teen-twentieths of all the offices in that Territory, municipal as well be chosen they sun-ounded the polls with the janizaries whom they as Territorial. Practically all political power in Utah is in the hands had created to drive away thosewhocametovote for legislative offi­ of the poly~amist element of the Mormon Church. Therefore ection cers who were not the willing instruments of their oppression. They 8, which diSfranchises and disqualifies that element from holding gave the governor, whom they installed in defiance of the public will, office there in the future, is the very essence and soul of this bill. the power to suspend the habeas 001-pus, and levy and collect fines Section 9 properly supplements section 8 by providing the pr0per upon whole communities by armed violence. machinery to prevent the polygamist element from ''bulldozing" The legislative hall of the Southern States under the government it elf hereafter again into power; and it is equally neces ary to the of returning boards, like the temple at Jerusalem under the Roman succt:~ssful operation of the law. The bill is not perfect, I admit.t but proconsuls, became a den of thieves. Do we wish to reanimate the I believe it is the best this Congress will pa s. Therefore I am tor it putrid carcass and deliver to its keeping the people of Utah'? Does in every form in which it may be presented. n,ny one believe that the returning board will act differently 'I Do Now, then, in reference to its election machinery, let me ob. erve you think it will give certificates to the officers elected by the people 'I that it is applicable only for the first two yen,rs. I think that section Have we not here before our eyes proof conclusive that it will ex­ of the bill is a mistake. It is entirely too tame. It does not strike clude the officers elected by the people and give certificates to its deep enough; it does not go far enough. It seems to proceed on the own creatures 'I In the election for Delegate from Utah to Congres mistaken theory that the rank and file of the Mormon Church are dis­ one candidate received 18,000 votes and the other about.l,SOO, and loyal to their polygamist leaders. Any such idea or theory as that yet the chief magistrate of the Territory gave the certificate of elec­ is a mistake. tion to the candidate who was defeated by more than 16,000 votes. The SPE.AKER. The gentleman's time bas expired. If a fair trial of the polygamists is all you want, the :first seven sec­ Mr. WHITE. I will yield my time to the gentleman from Nevada. tions of the bill make ample provision for that. With the judge, the Mr. HAMMOND, of Georgja. The gentleman has no time to yield. district attorney1 the marshal, and the jury all in yom hands you Mr. CASSIDY. I am very much obliged to the gentleman frolli can fill all the pnsons in Utah and the adjoining Territories. What Kentucky for his courtesy. more do you want Y I repeat it, why do you want to overturn the Mr. HAMl\fO~~, of Georgia. I submit, l\Ir. Speaker, that the gen­ Te:rri.tori~l government f There is something beyond a era viug for a tleman from Kentucky has no time te yield. ;

- 1882. CONGRESSIONAL RECORD-HOUSE. 1863

The SPEAKER. The custom has been to recognize gentlemen for the onlv pretext they can offer for their deep and ineffaceable dis­ five minutes on either side. grace j and, above all, with a mothelJS love they Shrink with bleed­ Mr. HAMMOND, ef Georgia. My under ta.nding was that the gen­ ing and despondent hearts fi·om the performance of any act calcu­ tleman from Nevada had only obtained consent of the House to offer lated to bring the stigma of bastardy against their offspring. They an informal amendment. are to be commended for this holy sentiment. I have no word of The SPEAKER. The ~entleman from Nevada offered an amend­ censure for these deluded mothers; for them and their deplorable ment on which he had a nght to be heard for five minutes. condition every right-feeling and right-thinking man must entertain Mr. HAMMOND, of Georgia. But I submit that he did not offer the most profounn sympathy. an amendment which would authorize the gentleman from Kentucky Joe Smith was the author of the Morlllon religion. He invented to take the floor and yield him additional time. it but left polygamy out. And Smith stole the whole plan and idea The SPEAKER. The Chair will state to the gentleman fi.,,m from an enterprising newspaper correspondent who had simply laid Georgia that it has been the practice to allow debate in this way on the foundation for a sensational story. informal amendments-five minutes for and against. Some copper-plates bearing hieroglyphics had been deposited by 11-lr. CASSIDY. The gentleman from Texas was allowed ten min­ the correspondent in a mound somewhere in the State of New York. utes, and·r appeal to the House to grant me equal time to reply to Smith knew of their whereabouts. The correspondent died suddenly him. His time was granted by consent. and Smith dug up the plates, pretended to translate the meaningless The SPEAKER. The gentleman from Nevada is recognized for hieroglyphicsJ an~ based there<;m the Boo~ of Mormon. 'J?hus what five minutes. originally was designed to f_urmsh the bas1s of!!' ?lever fictiOn ~or tl_Ie Mr. CASSIDY. li'"ow, 1\fr. Speaker, a great deal of sentiment has Police Gazette was turned mto a so-called rehgwus creed wh1eh rn been dragged into this question with reference to the right of the le s than :fifty years is seriously threatenin~ the perpetuity of the people, or rather the right of the individual, to worship God Almighty American Union! But, as I have already sa1d, there was no polyg­ in such manner as be may see fit. I have no objection ro that theory amy in Joe Smith's new religion. The Book of Iormon consists of as long as it is done within decent and proper limits. But I deny, Mr.

- f.l 1864 CONGRESSIONAL RECORD- HOUSE. :MARCH 13,

submitted by the gentleman from Texas, [Mr. MILLS,] to strike out Mr. HOUSE. Is it in order to move to reconsider the vote on the sections 8 and 9, on which the gentleman from Indiana demanded a question of striking out section 8 f illvision. The SPEAKER. The Chair thinks it would be in order to move Mr. SPRINGER. Would it now be in order to withdraw that to reconsider the vote by which that portion of the motien of the n,mendment and renew it just before the previous question is ordered, gentleman from Texas which proposed to strike out section 8 wu wit h a view of having a. vote upon it f lost. Mr. BUCKNER. I would like to offer an amendment. Mr. HOUSE. I make that motion. I do so because I did not un­ The SPEAKER. There is an amendment pending. Does the gen- derstand the question when it was put. tleman from Indiana insist upon a division Y The SPEAKER. The Chair will state that that motion, while in Mr. HOL!-IAN. I do insist upon it. order, is not now in order, the yeas and nays having been ordered on M.r. MILLS. I rise to a parliamentary inquiry. the motion to strike out section 9 of the bill. The SPEAKER. The gentleman will state it. Mr. REAGAN. I move to reconsider the vote ordering the yeas Mr. MILLS. Can we now have the yeas and nays. and nays on the proposition to strike out the ninth section. The SPEAKER. Undoubtedly, if the House chooses to order the The motion was not agreed to. yeas and nays. Mr. MOULTON. I rise to make a parliamentary inquiry. Mr. bULLS. But will the time consumed in calling the roll be The SPEAKER. The ~entleman will state it. taken from the time allowed for debate t Mr. MOULTON. My mquiry' is whether the time consumed in The SPEAKER. The .rule is some,vhat indefinite. calling the yeas and nays comes out of the hour for debate! Mr. MILLS. I hope not. The SPEAKER. It does. Mr. HASKELL. If the Chair will permit me, the rule is not indefi­ The question ·was then taken on the motion to strike out the ninth nite as far as this agreement is concerned, which was that at the section, and there were-yeas 88, nays 140, not voting, 64; as follows: ond of ono hour the previous question is ordered. YEA.S--88. The SPEAKER. The Chair did not .refer to it in that respect, but .Aften, Cravens, Holman, Robertson, ns to the manner of voting upon propositions. The first question is .Armfield, Curtin, Hooker Robinson, Wm. E. on striking out section 8-the Chair holding that the motion is divis­ Atkins, Davidson, House, Scales, ible. Beach, Davis, Lowndes H. Jones, George W. Shaekelford, Mr. HOUSE. I rise to a parliamentary inquiry. Belmont, Dibble, Jones, James K. Shelley, Bland, Dibrell, Kenna, Simonton, The SPEAKER. The gentleman will state it. Bliss, Ermentrout, Knott, Singleton, Jas. W. Mr. HOUSE. I was not in the Hall when the arrangement was Buchanan, Evins, Leedom, Sin11:leton, Otho R. made, but my understanding of it is that there should be an hour Buckner, Finley, Le FeVTe, Springer, Cabell, 1!1ower, Manning, StockSlager, allowed for debate. Is that correctf Caldwell, Gl\!Tison, Matson, Thompson, P. B. The SPEAKER. An hour is to be allowed for debate after the pre­ Carlisle, Geddes, McMillin, Tillman, vious question is ordered, and the previous question is to be consid­ Chalmers, Gibson, Mills, Tucker, eredasorderedattheendofthehourgivenforamendmentsanddebate Chapman, Gunter, Money, Turner, Henry G. Cl.arily, Hammond, N.J. Morrison, Turner, Oscar under the five-minute rule. The first question is on that part of the Clark, Hardenbergh, Muldrow, Upson, motion of the ~entlemanfrom Texas [Mr. MILLS] which proposes to Clements, Hatch, Mutchler, Vance, strike out sect1on 8. Cobb, Herbert, Nolan, Warner, The question being taken, the part of the motion which proposed Converse, Herndon, Phister, Wellborn , Cook, Hewitt, AbramS. Randall, Williams, Thomas to strike out section 8 was not agreed to. Cox, William R. Hewitt, G. W. Reagan, Willist. _ The SPEAKER. The question is next on that portion of the motion Covington, Hoge, Richardson, Jno. S. Wise, JUorgan R. which proposes to strike out section 9. NAYS-140. Mr. SINGLETON, of Illinois. I call for the yeas and nays on that. .Aldrich, Farwell, Chas. B . Miller, Shultz, Mr. HOUSE. I want a record upon this. I call for the yeas and B::uT, Farwell, Sewell S. Moore, Skinner, nays. Bayne, Fisher, Morey, Smith, .A. Herr On the question of ordering the yeas and nays there were ayes 53, Belford, Ford, Morse, Smith, Dietrich C. BeJtzhoovcr, Fulkerson, Mosgrove, Smitht.J. Hyatt a sufficient number. Berry, George, N eaf, Spaulaing, So the yeas and nays were ordered. Brewer, Grout, Norcross, Speer, The SPEAKER. The Chair will again state the question on which Briggs, Guenther, O'Neill, Spooner, the yeas and nays have been ordered. It is on striking out section Browne, Hall, Orth, Steele, Brumm, Hammond, John Pacheco, Stone, 9 of the bill. Buck, Harmer, Paae Strait, Mr. HOUSE. On striking out sections 8 and 9. Burrows, Julius C Haskell, Pai'ker, Taylor, The SPEAKER. A vote was taken on that part of the motion Burrows, J os. H. Hawk, Paul, Thomas, which proposed to strike out section 8, and it was lost. Butterworth, Hazelton, Payson, Thompson, Wm. G. Calkins ~burn, Peelle, Townsend. Amos Mr. HOUSE. The thing was not understood. I hope gentlemen Camp ' Pettibone, Townshend, R. W. will allow us a record on both amendments. Campbell, Hll!cock. Phelps, Tyler, The SPEAKER. The Chair stated, on the demand of the gentle­ Candler, Horr, Pound, Updegraff, J. T. man from Indiana, [Mr. HOLMAN,] that the question was divisible, Cannon, Humphrey, Prescott, Updegraff, Thomas Carpenter, Jacobs, Ra.nney, Urner, and first put the question on striking out section 8 of the bill. That Cassidy, Jad · Ra.y Valentine, was voted down. Thereupon the Chair put the question on the sec­ Caswe~ J on::J.hineas Reed, Van Aernam, ond part of the proposition, which was to strike out section 9. On Chace, .Jorgensen, Rice, John B. Van Voorhis, that the yeas and nays have been ordered. Colerick, .Joyce, Rice, Theron M. Wadsworth, Kasson, Rice, William W. Wait, Mr. HOUSE. There was a great deal of confusion, and I under­ g~~ Kelley, Rich, Walker, ~toocl the gentleman from Indiana [Mr. HoLMAN] had withdrawn Darreil, Lacey, Richardson, D.P. Ward, his call for a' division of the question. Davis, George R . Lord, Ritchie, Washburn, Dawes, :Marsh, Robeson, Watson, The SPEAKER. The Chair did not understand him to do so. Deering, Mason, Robinson, Geo. D. · Webber, Mr. HOUSE. .And that the question was put on the motion of the DeMotte, McClure, Robinson, James S. Willia.ms, Chas. G. gentleman from Texas to strike out both sections. It was on that Dingley, McCoid, Russell, Willits, understanding I called for the yeas and nays, so as to get a record on Dunnell, McCook, Ryan, Wilson I Dwight, McLane, SCranton, Wood, Walter .A. the propC>Bition to. strike out both sections. think under the cir­ En·ett. :Miles, Sha.llenberger, Young. cumstances we on~ht to be allowed to have a yea-and-nay vote on the qn{)stion of stnking out both sections. NOT VOTING--64. Mr. BAYNE. I askthatunanimous consent begiventhattheyeas Allen, Denster, Honk, Oates, .Anderson, Dezendorf, Hubbell, Pierce, and nays be called on both sections. .Atherton, Dowd, Hubbs, Rosecrans, Mr. ROBESON. All rio-ht. Barbour, Dngro, Hutchins, Ross The SPEAKER. The Chair will submit that proposition. He will Bingham, Duiin, Ketcham, Scoville,1 say, however, he understood the gentleman from Indiana to insist on Black, Ellis King, Sherwin, Blackburn, Forn'ey, Klo~, Sparks, a division of the question, and he accordingly put the question first Blanchard, Frost, Ladd, Stephens, on striking out the eighth section. Blount, Godshalk, Latham, Talbott, Mr. HAZELTON. The gentleman from Indiana did so insist. Bowman, Hardy, Lewis, Van Horn, The SPEAKER. Is there unanimous consent that the yeas and Bragg, Harris, Benj. W. Lindsey, We t, Cornen, Harris, Henry S. Martin, Wheeler, nays shall be called on the question of striking out both sections 8 Cox, SamuelS. Haseltine, McKenzie, White, and 9f Crowley, Heilman, McKinley, Whitthorne, Mr. SPRINGER. Not one vote on bothJ but that the yeas and nays Culberson, Henderson, Moulton, Wise Geor~e D. shall be taken on each section. Cutts, Hoblitzell, Murch, Wood, BeDJam.in. The SPEAKER. The proposition is that they shall be .taken on So the House refused to strike out section 9 of the bill. the question of striking out both sections. The following pairs were announced : Mr. AIKEN. I object. Mr. FORXEY with Mr. WEST. Mr. HOUSE. I rise to make a parliamentary inquiry. Mr. KETCHAM with Mr. Cox of New York. The SPEAKER. The gentleman will .state it. :Mr. PIEUCE with Mr. BARBOUR.

·- 1882. CONGRESSIONAL RECORD-ROUSE. 1865

Mr. W. A. WooD with Mr. LATHAl\I. The SPEAKER. The Chair cannot do so under the rule adopted 1ili:. BINGHAM with Mr. ELLIS. by the House this morning. Mr. GODSHALK with Mr. DUNN. Mr. SINGLETON, of illinois. Of course all I have to say is that Mr. BOWMAN with 1\Ir. ALLE....~. the gentleman from Kansas, [1\fr. HASKELL,] having learnetl by his Mr. HARRIS, of :Massachusetts, with Mr. TALBOTT. frontier life to be very successful in trapp~~ animals, has come here Mr. SCOVILLE with 1\Ir. CROWLEY. and trapped the Democracy very success:tully. [Laughter.] :Mr. BOUK with 1\Ir. WHITTHORNE. 1\Ir. Sli\I'GLETON, of Mississippi. I desire to inquire of the gentle­ Mr. CORNELL with Mr. HARDY. man in charge of this bill whether he is willing amendments shall Mr. SMITH, of Illinois, with 1\Ir. BUCKNER. be offered and voted on after the hour of discussion is over, without 1\lr. CULBERSON with 1\fr. LINDSEY. any discussion upon those amendments Mr. SPARKS with Mr. HENDERSON. iir. HASKELL. TheHousehasdecided that no more amendments Mr. SHERWIN with Mr. BRAGG. shall be offered. There is one amendment now pendin~, which will Mr. DEZENDORF with 1\Ir. \VISE of Virginia. be voted upon at the end of the hour for debate. That 1s the amend­ Mr. HEILMAN with 1\Ir. KLOTZ. ment of the gentleman from Texas, [~fr. MILLs,] to strike out the 1\Ir. ANDERSON with Mr. BLOUNT. eighth section of the bill. That amendment is the only one that can Mr. ATHERTON with Mr. UPDEGRAFF of Ohio. be now voted on. 111r. l\lCK!NLEY with 1\Ir. WHEELER. Mr. SINGLETON, of Mississippi. It is very evident that there was Mr. McKINLEY. I desire to state that if the gentleman from Ala­ a misconception of the order of the House. bama [Mr. WHEELER] was present he would vote'' ay," and !should lli. SINGLETON, of lllinois. I ask consent to have printed in the vote "no," on this question. RECORD some amendments which I desired to offer to this bill. 1\Ir. HASKELL moved to reconsider the vote just taken ; and also The SPEAKER. As a portion of the remarks of the gentleman¥ moved that the motion to reconsider be laid on the table. 1\h. SINGLETON, of illinois. Certainly. The latter motion was agreed to. The SPEAKER. The gentleman from lllinois [Mr. SINGLETO~] The SPEAKER. The gentleman from Tennessee [1\Ir. HousE] in­ a.sks consent to print in the RECORD some amendments which he pro­ timated his purpose to move to reconsider the vote by which the posed to offer to this bill. House rejected that portion of the amendment of the gentlemanfrom There wa.s no objection, and leave was granted accordingly. Texas [Mr. 1\iiLLs] which proposed to strike out section 8 of this The amendments prepared by Mr. SINGLETO~, of Illinois, are as bill. follows: Mr. HOUSE. I make that motion. Substitute for section 3: The motion to reconsider was agreed to. "That if any male person in a Territory or other place over which the United The question recurred upon striking out section 8 of the bill. States have exclusive jurisdiction hereafter cohabit.s with more than one woman The SPEAKER. The Chair desires to state that the hour allowed at the same time he shall be deemed gnilty of bigamy, and on conviction thereof shall be punished by a fine of not less than two hundred and fifty nor more than under the special order of the House, adopted by unanimous consent one thousand dollars. and imprisoned not less than one year nor more than five this morning for amendment and for debate under the five-minute years, in the discretion of the court. If any person, male or female, in any Terri­ PUle, has expired. In further execution of that order an hour will be tory or other place over which the United States have exclusive jurisdiction, shan be iroilty of the crime of adultery or fornication, every such person, male or female, now allowed for debate on the bill, to be divided equally between shall on conviction thereof be punished as herein provided in case of conviction for the friends and opponents of the bill. The Chair would hold that the bigamy. And any person or persons in any said Territory or place, male or female, amendment to strike out section 8 of the bill would be pending at the who shall, by frequenting houses of ill-fame or by gross and scandalous public in­ conclusion of the hour for debate on the bill. decency, thus be guilty olopen and notorious lewdness, shall on conviction be fined not less than two hnnured and fifty nor more than five hundred dollars, and im­ Mr. SINGLETON, of illinois. Was not the agreement that one prisoned notle. s than three months nor more than six months. And for every offense hour shur right rules that may be correct; but treating this agreement in the light to offer amendments has been exhausted. of when and how it was made, having in view the giving of oppor­ The SPEAKER. The Chair so holds, and that is just what the tunity to put in all amendments and to have them voted upon, that HollSe has held by the vote just taken. the sense of the House might be obtained, I say that the construc­ :&fr. SINGLETON, of illinois! I desire to inquire of the Chair tion put upon this agreement by the other side of the House operates whether he will now recognize me to offer an amendment. as a cheat and deception to this side of the House. And I was 1866 CONGRESSIONAL RECORD-HOUSE. MARCH 13, right when I moved at ten minutes before twelve o'clock that the tion, election, and canvassing officers and appoints, through the House should adjourn and be prayed for. This illustration shows President and Senate, a board of commissioners which is authorized that the other side of the House needed the prayers of the Chap­ to appoint all such officers. That effort being of no avail, I hall lain, who usually prays, "0 Lord, overrule all that may be done take the bill with all its objections, in order that we may get the here." · good even at the risk of doing a wrong in other re pects. Mr. CONVERSE. · I now yield five minutes to the gentleman from Mr. SINGLETON, of lllinois. I rise to a question of order. I call Missouri, [Mr. BucKNER.] my colleague to order. The gentleman from Ohio [Mr. CoNVERSE] .Mr. BUCKNER. Mr. Speaker, I will not occupy any part of the was authorized to diSl)OSe of thirty minutes to those opposed to this short time allowed me in declarin~ my horror of the great crime of bill and not to those who advocated it. [Laughter.] polygamy or any of the kindred cnmes from which society suffers in The SPEAKER. The gentleman from Ohio took the floor for thirty tllis country. I shall oppose this bill because, great as the wrong minutM, and he must choose his own instrumentality for oppo ing of polygamy is, I believe that this bill, taking in view its objects this bill. [Renewed laughter.] and the means by which it attempts to extirpate polygamy, is a still ~h. SINGLETON, of Illinois. I rise to a parliamentary inquiry. I:i greater wrong upon the Constitution of this country and the rights it fair when only thirty minutes have been allotted to this side of of the people. I wanted to offer a proposition here declaring that the House in which to oppose this bill, five minutes of that time this bill is not intended to interfere with the rights already accrued shall be given, not to the opposition of the bill, but to one who avowR of any person or persons. I meant by that proposit.ion to have this that he will vote in favor of the passage of the bill f Is it right that House declare that this bill was not gotten up as a trick for the pur­ my colleague shall take up five minutes belonging to the opponents pose of operating as a bar to the claim of 1ru·. Cannon in the pend­ of the bill in support of its pa sage! [Laughter.] ing election case of Cannon against Campbell. I believe, and I am The SPEAKER. The disposal of the time is in the h::tnds of th sorry to say I believe, that one of the main purposes for which this gentleman from Ohio. - · bill is being pushed through this House with such unseemly ha te Mr. SINGLETON, of Illinois. Is it not unfair f Is it not unju:->t f is that it may be brought up (as it can be if the other side is willing The SPEAKER. The Chair was particular in a kin~ the gentle­ to forego all right and justice) to foreclose the case of Cannon vs. man from Ohio whether be de ired to control the time m oppo ition Campbell and to give countenance to that great wrong committed to the bill, and he replied that he did. Beyond that the Chair has against the right of suffrdke by a weakling executive at the com­ no further control over the matteT. mand of somebody, I know not whom. Mr. SPRINGER. Not dPsiring to ~ive offense to my colleague, and That amendment would have been a very reasonable one if this conceding that his point of order 1s well taken, I wm not further bill has no such purpose. It proposed to declare that "nothing in explain my vote, but will yield the remaining portion of my time to this act shall be so construed as to be retroactive in its operation or the gentleman from We tVirginia, [lli. KENNA.] I hope, however, affect the rights of any person or persons which have accrued prior this interruption will not be taken out of my time. to its passage." Now, will my friend from ,Kansas [Mr. HABKELL] The SPEAKER. The interruption by the point of order will not or my friend from Indiana [.Mr. CALKINS] say that when this bill be taken out of the gentleman' time. has become a law, and when the question comes up on the election Mr. SPRINGER. How much time, then, has the gentleman from case of Cannon vs. Campbell, they will not offer this act as a bar West Virginia f against the ri(J'hts of :Mr. Cannon f The SPEAKER. Three minutes. Mr. CALKiNS. I will answer the gentleman for myself very ~h. SPRINGER. Very well; I yield him that time, aud only ask promptly. My report, which the gentleman will find upon th~ files that section 9, which I have voted to strike out, shall be printed in of this House, gives the views of myself n.nd a majority of the Com­ the RECORD. The section is as follows : mittee on Elections ; and those views are based upon a very different That all the registra.tion and election offices of every £1 scription in the Terri· ground from that which the gentleman from ~fissouTi now a somes. tory of Utah are hereby declared vacant; and each and ev ry duty relatin~ to the I am entirely satisfied with the ground taken in my report, ancl shall reg_istration of voters, the conduct of elections, the receiving or r ejection of ToteR, ana the canva sing and returning of the same, and the issuing of certificates or stand upon it in that case, not upon tbi bill. other evi£1ence of election, in said Territory, shalJ, until other provision he maue ~h. BUCKNER. If the gentleman can vote to keep out Mr. Can­ by the Legislative A emby of said Territory as hereinaftex· bl this section pro­ non, then I can see very well how he can vote for the enormity iu 'VIdefl, be perform d, under the existing laws of the Unit d State and of said tlris bill which gives to a board of canvas ers to be appointed l>y the Territory, uy proper persons who shall be appoint d to xecute such ollie s and perform such dunes by a board of five persons to be appointed by the President, bv President the verysameinfamous power exercised by the Executive and with the advice and con ent of the Senate, not more than three of whom sba"il of the Territory to determine who are to vote and who ar·e to be be members of one political party, amlamajority of whom . hall b aquomm. The voted for. In our great aversion for the crime of bigamy or polygamy memb rs of said board so appointed by the President shall each receive a salary at the r ate of $3,000 per annum, and shall continue in office until the legislative a. seru­ we are by this bill putting in the hands of five men the power not bly of said TeiTit.ory shall make provision for filling said oili es as h erein author­ only to say who is a bigami tor polygamist in that Territory, but ized. The ecretary of the Territ~ry shall be the ecretary of said uoaru, an£1 keep who is entitlecl to vote and be voted for-to declare after a man has a journal of its proceedings, and attest the action of said board under this ~ ctiou. been voted for whether he is a fit man to receive the suffrages of the The canvass and return of all the votes at elections in said Territory for memb e r~ of the Legislative A semulythereofshall be returned to said board,whlch , ball cau­ community. That is the power conferred by this bill. va. s all such return and is ue certificates of election to tho e p r ons who, beinrr I bop that my friends on the other ide will not bring tbi bill up eligible for such election, shall al'pear to have been lawfully elected, which certiif­ to influence that election case; but I say the bill is broad enough to cate shall be the only evidence oi the right of such persons to sit in snub ass m bly : be used in that way, and I have a fear that the object in pushing it Provided, That said board of five persons shall not exclude any per on otb rwise eligible to vote from the polls on account of any opinion such per on may entertain with such hot haste is that it may be used for that very pnrpo e of on the subject of bigamy or polygamy, nor shall they refuse to count any such vnte deciding finally the question involved in that election crrse. By the on account of the opinion of the person casting it on thesubjectof bi1pmy or poly~­ amendment which I wished to offer my object was to preclude any amy; but each house of such a sembly, after its organization, shall nave power to such po sibility. decide upon the elections and qualifications of its member . And at or after tbe first meeting of said Legislative Assembly who. e members sballl1ave been elected Mr. CALKINS. So far as I am concerned, I beg the gentleman not and returned according to the provisions of this a{lt, said Legislative Assembly may to cast that imputation upon me, because I am entirely satisfied with make such laws, conformable to the organic act of said T en-itory and not inconsist­ the report made long before this bHl came to this Honse, and before ent with other laws of the United States, a it shall deem proper concerning the I knew what its provisions were. filling of the offices in sa-id 'l'erntory declared vacant by thls act. Mr. BUCKNER. I can see no reason why this bill should now be Mr. KE:NNA. I do not know, Mr. Speaker, that I shall occupy as pu bed with this extreme ha te. We have not been allowed to show much time even as that, and I trust my friend from Illinois will allow the n~a on w by we cannot vote for the bill. Why should a measure me to consume such time as I may without intelTuption, alt.hougb of this kind, directed a(J'ain t a crime which has been in exi tence my favor ofthe objects of the bill and my opposition to certain of for thirty years, be pushed in this way, suddenly and without de­ its provisions may subject me to the same obje-ction which he urged bate' I will not say by a trick, although by what practically oper­ to his colleague. ates as a trick we on this side have been deprived of the opportu­ Mr. SINGLETON, of illinois. Then I will make it. nity to vote upon propo itions which we wished to submit. Mr. KENNA. Mr. Speaker, I am very heartily in favor of the ob­ I repeat that the provisions of this bill are broad enough when jects which are sought to be accomplished by this bill. The sup­ they become law to be used as a means of deciding the election case pression of polygamous practices is simply the suppression of crime now pending from the Territory of Utah; and I "'\tentnre to say that against the laws and institutions of the country. I d sire te say, when the case comes up this bill will be used not for the purpose of likewise, for the people of my district and State, that they are with­ putting in Mr. Campbell, (for that my friends on the other side will out exception, as far as I know, in favor of such constitutional legis­ hardly be able to do,) but for the purpo e of excluding ~h. Cannon, lation by Congress as shall wipe out polygamy forever. I coucnr in who is as much entitled to a seat on this floor as I am. that sentiment. But, as my friend from Texas [Mr. REAGAN] ha. Mr. CONVERSE. I now yield for fi\re minutes to the gentleman so forcibly said, I do not desire in suppressing polygamy to up pre s from Illinois. the Constitution of my country. The fifth, eighth, and ninth cctions Mr. PRINGER. Mr. Speaker, I desire in a portion ofthlstime to of this bill involve constitutional difficulties which combine to pre­ explain the vote I shall give on this bill, and if I have any time left I vent the unanimous indorsement which this Honse woulu, but for will yield it to the gentleman from West Virginia, [?!h. KENNA.] them, have been glad to give to this bill, as it ashorttimeago gave to To all that part of this bill which is dil:ected against the institu­ another bill looking in the same direction. Those sections disq u::tlify tion of polygamy I give my hearty assent. There are other portions men for opinion' sake, although they may never have violated any of the bill which I think are utterly unnecessary to the extirpatio• ln.w of the country or of God or man. Those sections destroy the of that crime. I have endeavored tG strike out one of those portions Territorial government and, because of the tran gressious of 2,500 to

by voting to strike out the ninth Rection, which vacates all1·egistra· 3,000 polygamists, throw 140,000 people into a.n:rrchy for two years1 1882. CO:f~GRESSIOKJ_lL RJ!JCORD-HOUSE. 1867 without ~overnment, without the enforcement of law and order, and Sir, I have denounced returning-boards a hundred times. Shall I with no hope of relief or remedy until at the end of that time the now, by this very political party I have so often arraigned for resort­ Territorial Legislature shall meet. Those sections· organize a re­ ing to snch method , be compelled to vote for a rettuning-board my­ turnina- board of five men who, without let or hinderance, are to be selff No, sir; never! Never will I sanction by my vote such a sham, practig,'tlly the custodians of all pow r in the Territo:ry. They confer suc.h .a hollow mockery of liberty, a setting up a semblance of re­ on these five men an arbitJ:ary authority which, from the experiences publican government and giving a boaru of five men and th ir oft he pa t, I shall never vote to confer on any man or set of men on ·appointees all the substance of power-the power to unclo whatever earth. And they go further. The eighth and ninth sections of the the voters have done; the power to mold and shape the politics of a bill by their express terms pre ent ex post fa.cto laws and bills of at­ Territory to suit themselve . If gentlemen on the Republir.an side taiurlt>r. They a.re unconstitutional-so believed by me, so held by of this Ron e are unallle to frame a bill to suppress the evils of the United States Supreme Court in the cases of Cummings vs. \Val­ polygamy without violating every ound p1·inciple of legislation, lace., 277, Garland vs. Wallace, 333, and a n urn ber of other cases decided let them open the bill to amendment, and we will perfect it for aud reported which are accessible to this Honse and to the country. them. ~h. Speaker, the majority of this Honse could easily have permitted Mr. CONVERSE. Mr. peaker, we have now exhausted al1out. snch rea onable amendment of this bill as would have relieved it of fift en minntes ou onr sicle, and I think it only fah· that some time all constitutional difficulty and secured its passage by a splendid shonld be consnmed lw tho e who favor the bill. unanimity. They have refused to do so; and thus among the strong­ Mr .. HA KELL. Very well; I have uo objection to that. I will est friends of the purposes of the bill there are those who like my­ yield five minutes to t.he g ntleman from Illinois [Mr. Tow TSHE:ND] self are constrained by constitutional difficulties which a few slight as a friend of tbP nwa nre. amendments would have avoided, however dista teful the necessity Mr. TO\ NSHEND. of lllinoil'l. Mr. Speaker, anxious as I am to may be, to deny the bill, in its present form, their votes. In voting eradica,te polygamy I would not vote for this bill if I thought there no for the reasons stated, and over which 1 have no control, I desire wa~ an elerueDt in it thn,t was antagonistic to the Constitution or distinctly to say that if the bill should not pass as it stands, and antagonistic to the p!·inciple[. of religious liberty. The entire ground should upon a reconsideration be amended so as to eliminate its of the controversy raised here has been gone •ver in the Senate during retroactive character, thus avoiding conflict with the Constitution the consideration of thls bill before that body; and tho e who were of the country, I will heartily give my vote to this bill, or any other among its ablest advocates, and most zealous supporters are some of constitutional measure which will make polygamy impo sible now, the best constitutional lawyers in that body and mo t trusted leaders henceforth, and forever. in the Democratic party. They have answered every cavil and every Mr. CONVERSE. I now yield for five minutes to the gentleman quibble like those that have been interpo ed here, and their able from .Alabama. arguments have demonstrated beyond all controver y that the alle­ .Mr. HERBERT. :Mr. Speaker, like all the gentlemen who have gation that this bill is unconstitutional, or that it is an infringement spoken on this question, I am heartily in favor of the purpose of the upon the religious liberty of any person or class of persons, is ntterly bill although I deprecate its methods. No gentleman on this floor unfounded. From the debates in the Senate I confess I have gathered bas a greater horror of polygamy than I have. It is a blot on our instruction which has aided me in reaching a conclusion on this sub­ civilization and I would gladly vote for any bill that would extir­ ject. pate it root and branch, provided the bill were so drawn as not to There are two prime questions which ought to be fully and satis­ violate principles that ought to be inviolable in our legislation. I factorily settled. The first is, have we the power to pass such a billY believe it is in our power to frame such a law. We could do this and the second question is one of policy. • here and now if we were permitted to discuss this bill and amend it. Now, I defy any gentleman to put his finger upon a single provis­ This we are not permitted to do. \Ve are forced under the gag-rule ion that is in conflict with the Constitution, OI' one which does not to vote fur this bill without amendment, vote for it with all its ob­ clearly and unquestionably come within the jurisdiction of Congres­ noxious features, or vote against it. I accept the responsibility and sionallegi lation. I will record my vote against it. I knGw that the gentlemen who .Mr. SINGLETON, of Illinois. Permit me, then, to answer my col­ have had the power to cut off amendments have the power to pass league. it and will paRs' it, but they shall not force me to vote for a retro­ l\Ir. TOWNSHEND, oflllinois. Not now; I cannot yield. I have active law. They shall not force me to vote for a returning board. but a few minutes allotted to me. I do not deny the power of Congre s to disfranchise the polygamists Mr. SINGLETON, of Illinois. I oulywantto answer my colleague of Ubh. Congress has full power of legislation over the Territories­ and place my finger upon such a provision. it ha full power to say that polygamists sha.ll not vote or be elected Mr. TOWNSHEND, of Illinois. I regret I cannot permit interrup­ hereafter to office in Utah. I favor that feature of this bill. I be­ tion for want of time, but the gentleman will have opportunity to lieve we ha,ve full power to abolish the pre ent answer me in his own time. and govern it by a commission. I would prefer to do this: to de troy Now, Mr. Speaker, the gentleman from Texas, [Mr. MILLS,] druing every office in Utah rather than resort to the oilious method of pre­ the course of his remarks, referred to the views of Stephen A. Douglas. scrdng an office and legislating the officer-the particula.T incum­ llefore I hau reached the years of maJority I followed the political bent-out of an office to which he was legally elected. Cannon, who teaching and yielUed my convictions to the judgment and opinions claims to be delegate from Utah, claims that he was elected, elected ofthat great man upon political questions. I have not forgotten those by 15,000 votes. If he wa , he had the right under the law as it then teuchings, and I never will, and I challenge the gentleman from Texas stood to bA elected-the right under our laws to hold the office. to show an utterance of Stephen A. Douglas denying the power of Shall we now say, as this bill in effect says, the office of delegate. Congre s, whHe keeping within the pale of the Comtitution, to enact shall stand, but the officer who was lawfully elected and lawfully such laws and establish such a government in the Territories as its qualified to fill it shall not hold it' Shall we, because the public discretion may clictate, provided, of course, it is Republican in char­ mind is excited over the question of polygamy, violate sound prin­ acter. He coutended as a question of policy that the people of the ciples of legislation Territories honld be permitted to govern themselves with regard to This ki nc:.l of legislation is most eloquently denounced by Chancellor slavery, &c., but he never denied the power of Congressionalle~is­ Kent, in the ca e of Dash t•s. VanKleeck, 7 Johnson's Reports, 506. I lation on all such questions. We are not legislating for a sovereign will renu .from it: State clothed with the rights, independence, and sovereignty guar­ There i>~ no il istincti.on in principle nor any recognized in practice between a law anteed and reserved in the tenth amendment of the Constitution, punisl1ing a person criminally for a past innocent act or punishing him civilly by but we are legislating for one of the Territories. We are legi lating clh•esting Lim of a lawfully acquired right. The distinction consists only iB. the for a mere creature and dependence of Congress. \Vill it be deuiecl (le:rree of the oppression, aml historv teaches us that the government which can that Congress has the power to repeal any or all the laws in force in deliberately violate tl.te one right soon ceases to regard the other. the Territories, aboli~:~h any or all the court , juries, Legislative In ibis same case that eloquent lawyer shows that this odious retro­ Assemblies, and systems of election in the Territories, annihilate and actiYe legislation is condemned by the Roman law, conuemned by the wipe them all ont of el..'istence and establish a new system or new }rench law, condemned by the common law, and that in every civil­ order of thingsf If we have that power, why have we not also the i:;r,ell system of jmi..qprudence it is looked upon with" disgust and power to modify the existing laws of the Territories, to prescribe the indignation." qun,lifications of voters and to prescribe the qualifications of jurors Then, Mr. Speaker, this bill provide that there shall be appointed as provided in the eighth and ninth sections of this bill. by the President a board of five, who shall have power to appoint all One of the principle objections urged against the bill upo~ consti­ the officer of elections, and the e officers shall have full power to tutional grounds is that the eighth section excludes polygamist, biga­ (lecicle who shall vote and who shall be entitled to seats in the Ter­ mist, and persons cohabiting with more than one woman, from voting rHorin,l Legisbture, and th.:'tt without any right of appen,l except to or holding office in the Territories or any place where"the United the very Le~slature which is the creature of these officers. Sir, this States has exclusivejuriiiliction. is the Louis1an:.t returning-board over again. It is worse still. That Now, sir, no one will be bold enough to deny that Congress at the infamous returning board in Louisiana had only the power to throw original organization of a Territorial government may establish out votes. Thi board has the power not only to throw out votes but uch machinery and control of elections by commissioners and boards to throw o,·erlJoard the candidates who are voted for. It is true, sir, of canvassers as in its wisdom it may think it just to prescribe: No the bill provideu that the board shall not be all of one party, that not one will deny that at such original organization it would be compe­ more than three of the five shall belong to one party. That will be tent in Congress to pass precisely the section now under consideration. threflJ I o two. Is this any better than eight to seven f If this is so, why may we not provide this election machinery for the 1868 CONGRESSIONAL RECORD-HOUSE. MARcH 13,

purpose of restoring a republican form of government to a body of I have no doubt whatever of the power of Congress to enact thls people from among whom it has been displaced t · law, nor do I believe, after full and careful consideration, that any Congress gets its power to legislate for the Territories from this one will reach a different conclusion. provision of the Constitution: Now, as to the policy of this l

Mr. 1\IcCOID. I will not occupy five minutes' time. All that I their number to represent that Territory in Congress. The opposi­ intended to say has l1een already said by gentlemen who have spoken tion to this measure on t he other side of the House is not directed upon this subject. I only want to add that I think we are justified against the provisions of the bill which will make the punishment in taking a uill of this character from the Speaker's table, a bill that of the crime of polygamy more certain and secure, but against the has hacl m the Senate o much careful consideration, and with the sections which define the civil and political disabilities which the k11owleclge we have of the discussion ofse\-eral weeks that preceded commission of the crime will bring. it pas age, I say th.a..t we are justified in my judgment in taking this When the political question is raised as to whether or not these uill from the Speaker's table and putting· it upon its pas age, for the men shall be eligible a-s voters, when the question is raised as to reason that in t.he crowd of business coming into the House its pas­ whether or not these men shall be eligible to hold office, then our tSa~e might be preventecl at a future time. friends on the otlter side of the House, or a large majority of them, I think, therefore, the gentlemen upon the other side have not say, "No; you must not enact a law of that kind." And if they shall been justified in their opposition to the bill at this time. The com­ succeed in divesting this bill of the two last sections they will simply Lined opposition of a sect in Utah is of a sufficiently insuuectionary eviscerate from it tho e _sections that will result ultimately in the character to justify us in usiug the means provided in the eighth overthrow of this in titution, if it can ever he overthrown in this and ninth sections to suppress that insunection and defiance of the country. law. The method in which it is done is justified by precedents in It is a demonstrated fact that the efforts to overthrow this insti­ our history, and is within the power which we have in the Consti­ tution in courts of justice have proved a signal failure. It will come tution. to be a demonstrated fact that the efforts to overthrow it by visiting The objections which gentlemen upon the other side find against upon its members political disqualifications will be crowned with part.icular features of the bill, it seems to me, offer but weak ex­ success. This will invite the closest scrutiny. It will provoke the cuses for men to array themselves against the putting clown of the challengers of political contention. It will incite parti au hostility, crime of polygamy ; and I fear gentlemen upon that side will have and make it aid in the good work of casting out this great sin. There­ to regret that they have almost solidly for eighteen hours, including fore, I think that the last two sections of the bill should be earnestly the recess, filibustered against a measure to suppress that crime supported, and not eliminated from the bill. against American householcls and that they h:we almost solidly [llere the hammer fell.l voteu against the eighth section1 and the ninth section of this bill, Mr. SINGLETON, of I1linois. I hope the gentleman from Kansas in which two sections are contained the very strength of the measure. will ue as liberal in his distribution of the time at his disposal as the A challenge to the jury is already provided by law. A section mak­ gentleman from Ohio [Mr. CON\TERSE] was on this side when he ing polygamy a crime is already the law. The e two sections with yielded a portion of his time to the friends of the measure. I would some others give strength to that law, and tend to make it effective; like about five minute , or if the gentleman from Kansas cannot give and you would shear that law of its strength by voting solidly in me that I should like at least two and a half minutes. favor of striking out both those sections. It will not do for the Mr. HASKELL. I will try to accommodate the gentleman hy and Democratic side t., say that they are in favor of the purpose of the by; but I now yield to the gentleman from New Jersey, [Air. HILL.] bill and at the same time vote against every effective means em­ Mr. ffiLL. l\lr. Speaker, I propose to occupy but a few moments ployed to secure that purpose. of the time of the H-ouse on this bill. I feel in justice to my constit­ 'Vhenever any question which affects moral character, whenever uent and a large body of the citizens of Ne"- Jersey that I should any cause is on trial -which is grounded in the moral sentiment of say a few words favoring the pa age of the bill. I hold in my hand the Christia.n people of the nation, whenever the civilization of the resolutions of the synod of New Jersey again t polygamy, and report nineteenth centu.ry ri ·es in its holy might and with its radiant hand and resolutions of the Newark Annual Conference of the Methodist strikes a deadly blow at some ancient and in olent barbarism, must Church of New Jersey; re ·olutions and action of the classes of Ber­ we find the Democratic party ever hindering, ob tructing, and op­ gen of the Reformed Church of .America in New Jersey, a king that posing t You are oppoiSed to the methods of the bill 'I Then why in I present them with their views to the House, and also a statement of alI the days of your power in Congress cliu you not adopt some other facts in regard to poly~amy from the clergy of Utah, which I submit e1fecti ve n1ea ure f It was not because you wer not prayed to clo so as a part of my remar&.s and that they be printed in the RECORD. hy the good people of the country. This which yon now resist so The e re olutions were adopted and come fmm three of the large stubbornly is 11etitioned for by every portion of the country. As religious organizations in the State of New J ersey, and should com­ an example of these, one out of many, I ask to have inserted as part mand the attention and careful consideration of this House, all of them of my remarks the following: protesting auainst polygamy and a king Congress to enact a law eradicating the evil and suppress the crime thereof. The action of Minutes of a mass-meeting of the people of Keokuk, t.o take action relative to the. suppression of polygamy within the United States. these large and influenthLl religious bo at once enact and enforce the Edmunds bill, or some bill adequate t.o the prompt suppression of 1. Resolved, That the synod of the Presbyterian Church of New Jersey contem polygamy within the United States. plattJs with increasing alarm the existence of the institution of Mormoni m within The fofiowing gentlemen were appointed a committee to confer with our Repre­ our national territory. We are especially .concerned at the rapid extension of this sentati,·e in Congress, Hon. M . .A. McCorn: Hons. R. F . Bower, Samuel M. vicious system, and at the likelihood of the speedy application of the TeiTitory of Clark, H. S. Howell, Dr. Ingersoll, and D. Webster. Utah for admission into the Union of States. R. F. BOWER, P1·esident. 2. Resolved, That we regn.rd the reception of Utah as a. State, in such a form as GEORGE E. GABRETT, Sec~;etary. to legalize polygamy, not simply as a great evil to all citizens in Utah, but as a. power threatening domestic and social virtue throughout other great Territories I most heartily indorse this bill. It carries out the full purpose of our land. 3. Resolved, That stringent laws in accordance with the spirit of our Constitn­ and effect of the resolutions offered or propo ed by my elf eru:ly in 1 the session. I believe it will be found to cut deeper than orne gen­ ~cl~J:~. be enacted against this institution, as striking at the life of our free tlemen seem to think. And if it does not prove a death-blow to that 4. Resolved, That the synod of New Jersey, representing 45 000 communicants lawless institution, blow on blow will follow as long as the moral of churches and 150,000 adherents, do earnestly and respectfully petition our na. tional Congress to enact uch laws and to adopt such measures as will effectually sentiment of the country keeps the Republican party in power, until suppress and remove this evil. it is crushed out forever. 5. Resolved, That we earnestly. recommend "n amendment to the Constitution of If I have any time left I yield it to the gentleman from Pennsyl­ the United States making polygamy a crime to be punished in all the courts of the vania, [Mr. BAYNE.] United States. 6 and finally. Resolved, That a copy of this action of the s;ynod, signed by its 1\lr. BAYNE. Mr. Speaker, it will be observed that the first seven officers, be sent to the President of the United States, and also to the Senators sections of this bill relate to and are intended to make effective the and Representatives from New Jersey, with the ur~nt and respectful request law as it now is. The law of the land to-day makes polygamy a ~:~0 b;!' ~~~e~~::Ss~~~~:! Ut~ll /e~t~:dtr~~!lt~oth ouses of Congress, aml use crime. The difficulty and not unfrequently the impossibility of en­ 8 The synod also expresses its lively satisfaction that this subject is already re­ forcing and executing the law are the objects sought to be removed by ceiving the earnest attention of our public men, and bell ves that prompt anfl tlle first seven sections of the bill under consideration. They promise efficient action against the evil will be most acceptable to all classes of the best efficiency and success in the prosecution of cases against individuals. citizens of all portions of our land. The eighth and ninth sections, however, propose a different method Adopted October 20, 1881. Attest: J. B. DAVIS, of dealing with this crime. These may he called political sections. Slated Clerk, Hightst01vn. They ~ave a political character. They aim at a political evil. They JosEPH G. SYMMEs, Jlodcrator of Synod. are intended to arrest and overthrow the political corruption result­ ing from this organized crime. The idea of these sections is to pre­ vent the consummation of the purposes of the polygamists in the legis­ Report of the committee appointed by the Newark Annual Conference on the sub­ lat-ive assemblies, in the courts, and in the administrative offices of ject of polygamy. tbe Territory of Utah, and also to prohibit the selection of one of Whereas our Christian civilhation is built on the idea that the famUy consists 1870 CONGRESSIONAL RECORD-HOUSE. MARCH 13, of one husband and one wife, together with such children as may be born to them; ations are brought at once to the attention of the members of Congress from the and various districts in which you live, to the end that they may be interested in se­ Whereas in all the States of this Republic bigamy is properly considered a. high curing for us, at the approaching session of Congress, such legislation as v.ill at crime against society and punished by l.a.w with heavy penalties; and once and forever put a stop to the further spread of polygamy. Wbe1·eas the Mormon people who now control the most populous Territory within Yours, in behalf of ChriStian homes and American institutions, the national domain openly practice polygamy or bigamy m defiance of the com·ts - DANIEL S. TUTTLE, anrl laws and of the moral sense of the people of all the States of the Union ; and Bi.»hop of r:tah. Whereas this abomination is spreading into other Territories, and the members R.M. KIRBY, of that or_ganization are asph·ing to control the legislation and assume the govern­ Pastor of St. Mark's Epi-scopal Church. ro&nt of this fair land on the pretense that polygamy is part of their religion which L. SCANLAN, the Gf>vernment has no right to suppress; and Vicar-General of the Catholic Church in Utah. WherE> as religious liberty or liberty of conscience does not include the right to D . .T. McMILLAN, destroy the very foundations of oru· Christian civilization; and Superintendent of Presbyterian Mission Work in Utah. Whereas President Grant and President Hayes, each in his turn, called the at­ _G. D. B. MILLER, tention of Congress to the necessity of further legislation to suppress the iniquity, Head-Maste-r St. Mark's School. to which Congress gave but little heed; and R. G. McNIECE, Whereas the Chief Magistrate now in office in his inaugural says, ''It is the Pa.stor of Presbyterian Church. duty of Congress, while respectin~ to the uttermost the conscientious convictions LEWIS A. RUDISILL, and religious scruples of every citizen, to prohibit within its jurisdiction all crhni­ Pastor of Methodist Church. nal pr.a.ctices, especially of that class which destroy the family relations and en­ D. L. LEONARD, danger social order:" Therefore, Superintendent of Congregational Mission Work in Utah. Reso~ved, first, by the Newark Annual Oo11jerence of the Methodist Epi.scopal THEOPHILUS B. HILTON, Church in confere-nce asse-mbled, That we are in hearty accordance with said inaugu­ Superintendent Methodist SeminartJ. ral in respect to Mormonism, and, re~arding this moral question of great magni­ C. M. ARMSTRO G, tude, believe it the duty of all Christian people and ecclesiastical assemblages to Pa-stor St. Mark's Episcopal Church. support the President of the United States in urging upon Con~e.'ls to provide the much-needed legislation for the effectual suppression of the cnme of polygamy. Mr. SKINNER. Mr. Speaker, the people who sent me here ask that Resolved, secondly, That we invite the earne t co-operation of the press of the country, both secular and religious, in pressing this duty upon tho e who have or my voice shall be raised and my vote recorded in favor of this hill ruay hereafter have place in the national Legislature, until' this blighting humorality and against polygamy in all its forms. It is a claim which the people is utterly e:l..--tirpated. have just reason to ask of their Representatives, and it is a pleas­ Resolved, thi1·dly, That we respectfully request our bishops to bring this our ac­ ure f,o feel that in responding to that request in this case duty and tion before each of the annual conferences of ow· church for their concruTence, and that a copy of the same be furnished to each of our superintendents by the secre­ inclination go together. tru·y for that purpose; also that a copy of this action be furnished by the secretary For almost a generation both the great political parties of this to each of our Senators and Representatives in Congress. country have used in their platforms the strongest words in the Respectfully submitted, JOHN S. PORTER. language to condemn polygamy and all who practice it. 'fhey have .r. N. FITZGERALD. styled it the "twin relic of barbarism," and the country ha..s ex­ .T. R. DANIELS. pected that something would be done to abolish it . Instead· of its A. S. COMPTON. abolition no decisive action ha-s until now been taken, and in the FLETCHER LUMMIS. Attest: face of public denunciation the fit representatives of this system of I hereby certify that the foregoing report on polygamy was unanimously adopted false religion have been accorded seats npon this floor. Instead of a by the Newark Annual Conference on Wedne day, April 6, 1881, :Bishop William -denial of recognition to the Mormon Church in our national halls of L. Harris presiding. legislation, its agents and elders have sat for years among you with JOHN F. DODD, See1·etary. a right not only to introduce and nrge measures p1·otecting their JERSEY CITY, N . .r., April6, 1881. "peculiar institution," but against the Christian religion itself, if they so pleased. To Hon . .TORN HILL, R epresentative in Congress from the St.ate of New J ersetJ : With polygamy, its "twin relic," slavery, wa-s denounced by the Tiegarding the high position that yon hold in our national Legislature, the patriotic people of the nation. It first claimed attention, and the ClassJS of Bergen of the Reformed Church in America have had put on their min­ ex.citement of settling that question, extending through a long period utes, and have ordered to be transmitted to you, the following action against polyg- of years, turned away the attention of the people. Now, slavery has been wiped out and the principle of liberty has been in grafted upon ~~~olved, That the Classis of :Bergen of the Reformed Church in America, in . It semi-annual session at Ha

Orson Hyde, another "saint.," said in a sermon in 1854: punishment ·of adultery, fornication, or lewdness. From this Dis­ Polygamy is the chord that shall revolutionize the whole world, and it will make trict of Columbia you send hroadca t over the land the exampl68 the Unfted States tremble from head to foot. which are taught here in a Territory under the exclusive control of Both Young and his disciples, including the Delegate who now Congress. Yet this House is unwilling to listen to a proposition or s eks to repre ent Mormonism upon this floor, have openly defied or to entertain au amendment which would cure this great and crying ridiculed the attempts of the Government to execute any law against evil against ociety, religion, and good morals. polyg~my. There is another objection I have to this bill. By it the Preside;:.: Brigham Young said, in a discourse in 1856 : of the United States is authorized to dicker with the Mormons, to It is not the prerogative of the President of the United States tQ meddle with grant pardon and amnesty upon certain conditions. Wby, gen~le­ tJtis matter, and Congre sis not allowed, according to the Constitution, tQ legislate men, is not thatveryindelicateY The President mi~twanttocon­ upon it. u -we introduce the practice of polygamy, it is not their prerogative to tract for a half dozen wives himself. [Laughter.] .tle is an unmar­ me1ldle. * * * I say, as the Lord lives, weare bound to become a overeign State ried man. Is it not indelicate to impose upon him such a duty, or in the Union, or an indeprndent nation by ourselves. .And let them drive us from thls place if they can. If they get rid of polygamy they will have tQ expend to confer such a power upon the President of the United States as $300.000,000 for a prison, and roof it over from the summit of the Rocky Mountains that he may impose conditions upon those to whom he extenus his to the SierraNevadas. The sound of polygamy is a terror tQ the pretended repub­ clemency under the authority of this bill¥ lican go>ernments. Why~ Because this work is destined to revolutionize the Again, [seeing the Speaker about to rap with his gavel] one word world and bring all under subjection. more; do not be so anxiou. [Laughter.] I want to say one word Geor~e Q. Cannon, n. man with plural wives, said recently in a in reply to my young, respected, and vivacious friend from Illinois, speech m Salt Lake City: [Mr. SPRINGER.] I had not expected to come here and learn De­ The Government of the United States would be powerles in the future, as it mocracy at his feet. I supposed that a life of practice and experi­ bas been in the past, to enforce the anti-polygamy or any other law detrimental ence ought to have taught me quite as much of sound Democracy as to the interests or progress of the kingdom of God on earth. Nineteen years ago on the 2d of last .July, the Congress of the United States pas ed a law tQ prohibit my friend and colleague claims that he knows. [Here the hammer and punish the practice of polygamy in the Territmies. How much prohibition fell.] Let me close this sentence. I simply desire to say that the has tbe law eflected ¥ How many of us have been punished for polygamy¥ But utterances of my colleague with reference to Democratic Ininciples t~o men, :md they furnished the evidence themselves for their own conviction. in the Senate and the House and the country are untrue, and are not These extracts illustrate the spiJ:it which actuates the "pillars" sustained by the record of the party dming the last twenty-five or of'·this false church, and given the power they seek ther would be thirty year . an eud to a republican form of government. Thus we will find that !\fr. CONVERSE. I now yield three minutes to my friend from we must hold fast to such le~lation as this bill secures against Mi si sippi, [Mr. SL.~GLETON] polygamy, resernng harder blows to be given in the future to a Mr. SINGLETON, of Mississippi. I sought the floor while the dis­ so-called religion which has made polygamy possible. cussion wa going on under the tive-minute rule to offer an amend­ The people are speaking to-day in e\-ery enlightened community ment which I will ask the Clerk to read as aportionofmyremarks. in our Jand-they are speaking under the shadow of Mormonism The Clerk read as follo.ws : itself-they are gathering by thousands in our cities and 0ur vil­ Amend section 8 by adding thereto the following: lage , and are moving to overthrow this blot upon our civilization. "Provided, That the provisions of this section so far as they relate to the eligi­ They are sending word to us here day by day that they will raise bility or qualification of persons for-office shall only be construed to apply to per- up the hands of their representatives and sustain them in every effort sons hereafter elected." . to prohibit and suppress this shameful evil. !\fr. SINGLETON, of l\li si sippi. With this amendment to the I de ire to present in this connection a series of resolutions adopted bill it would be less objectionable in my opinion. We gave to Utah at a ma-ss-meeting of the citizens of Watertown, New York, held Tues­ a Territorial government, and in the act of organization no specia.l da,y eveuing. Febrnary 28, 1882. They have found n.n echo in other provision wa made against polygamy. The people of that Territory cities like that., full of beautiful homes and Chri tian firesides, anu have been penn.itted to hold elections, and for the last eight years are as follows: the member now applying fo1 his seat has been admitted to the priv­ Whereas there exi ts in one of the most desirable and attractive TeiTitories of ileges of this floor, and has taken part in our conn els. Though his this country a s.1stem of theocratic government, cln.iruing to be superior to and seat has heretofore been coutPsted upon the grounds of want of citi­ independent of the Government of the United States; ana zenship, yet no serious opposition has ever been made upon the 'Vhereaa said theocracy maintains an attitude of ho tility to American laws and grounds of his or his constituent.s' polygamous practices. imo~titutious, and sustain~:~ and promotes the practice of polygamy and othc1· overt acts of outJawry: Therefore, The acquiescence of Congress in their past elections, and the recog­ Resolved, That we view with pleasure the recent action of Congre son the vari­ nition of their Representative a.s a :fit person for a seat in this body, ous measures relatin~ to the subject that have been brought before it. has induced the opinion on their part that the objection now made That we will t!USta.in our Representative from this district and our Senators in the most stringent measm·es t.ha.t can be adopted w relieve our nation from this would in the future as in the pa t be waived. foul system of treaRon and outJawry. To change our policy now after an election has been had, and with­ That a copy of these resolutions be forwarded to our Representath-e in Con­ out notice exclude the man who has been four times seated, enter­ gre~s. · taining now as heretofore his views upon the subject of polygamy, Similar and stronger wol'ds are coming here from every direction. looks like a fraud upon the people. I have been taught a.ll my life And when the people s11eak it is well to heed their voice anu lea,rn that "fair-play is a jewel," and for this I have always contended. our duty. They believe that a government that is strong enough Amend this bill as proposed and let it operate upon elections in and brave enough a,nd wise enough to crush a rebellion and give future, and let it be a notice to the people of Utah that pol~ gamy full liberty to all who live within our borders is equally powerful to is doomed, and they must choose between its abandonment and dis­ put virtue above vice.} right above wrong, and purity above licen­ franchisement and clisqualification for holding office. tiousness. They sai<1 more than twenty years ago that "slavery I am as much opposed to polygamy as any man and am in favor must go." They shouldered their muskets and went forth to enforce of all reasonable methods for its extirpation, and while I shall vote that resolve. Slavery went-even at a great co t of life and trea-sure. for this bill as it ca,me from the Senate should all amendments fail, So public entiment to-day is writing upon the political skies in a now seems to be the case, yet I do so under protest, believing the chru·:wters which ?-il may read the words "Polygamy must go." It bill is unwise and impolitic in some of its provisions. may be tbis time a bloodless ba,ttle, but it will go. But so strong are my convictions against the doctrine of polygamy Mr. HASKELL. l<'ifteen minutes of the time allotted to this side that I prefer to stand to these convictious and my duty to the peo­ of the House has.now been consumed, and I yield the :floor again to ple I represent rather than vote against a bill which, though objec­ the opponents of the bill. tionable in some of its provi ions, does not in my opinion c .mfl.ict The SPEAKER. The Chair recognizes the gentleman from Ohio with n.ny provision of the Constitution of the United States. [Mr. CONVERSE] to control the remainder of the time in opposition l\lr. CONVERSE. I now yield to the gentleman from Virginia. to the bill. Mr. TUCKER. I am as much opposed to polygamy and the kin­ Mr. CONVERSE. I now yield-- dred offenses numerated in this bill a-s any gentleman in this House. Mr. SINGLETON, of Illinois. I desire to be heard for a short The marriage sanctioned by the Divine author of Christianity is a. time. ciru status constituted by contract between one man and one woma,n 1\fr. MILLER. I a k unanimous consent that General SINGLETON to live together for life, as the basis of the family relation, without have two and a half minutes; I understand that is all he asks. which no society can be virtuous, prosperous, and happy. .And I Mr. CALKINS. I hope that will be granted. incline to think the decision in Hyde vs. Hyde, 1 L. R., Probate and There was no objection. Divorlle Cn es, 130, is sounu in holding that no Mormon marria~e, 1\fr. SINGLETON, of lllinois. It is an old saying, and probably as thou~h valid by the lex loci between a man and woman which implies true here as anywhere, that a short horse is soon mu-ried. [Laugh­ the nght of the man to marry another woman, is a Christian mar­ ter.] I had hoped to be able to say something in support of this bill riage. The contract of Christian wedlock must exclude the idea of after I had been allowed as a frienclofthe bill to move amendments marriage to another woman, the :first wife living. It was so from to perfect it. But being denied the privilege of offering snch amend­ the beginning, that'' they twain shall be one flesh." ments a,s I think would improve and perfect the bill, I will now give Great as is this evil of polygamy in Utah, and important as it is briefly a few reasons why I shall be compelled to vote against it. to extirpate it as an element in Ame1·ican polity, it must be cured b~ In the first place, the bill does not go far enough in the direction constitutional remedies. I believe the most precious assurance fot of suppressing polygamy and its kindred crimes against society and American liberty and the most es ential gn.!1rantee of American ciY· good morals. Here is the great District of Columbia, under the ex­ ilization is the Constitution of the United States. To destroy a,ny clusive control of Congress, where there is no law providing for the evil by unconstitution::W. methods is to cure a disease by a poison 1872 CONGRESSIONAL RECORD-HOUSE. MARcH 13, which disturbs the vital functions of the body-politic and injects such by this bill, whether he has abandoned it or not, whether he into it a principle most difficult to be extirpated, and creating a pre­ says he will justly execute his duty as juror or not, he is absolutely cedent whose influence must be injurious and may be fatal to the disqualified to sit on the jury. But it goes further. It dive into the life of constitutional government. heart of the juryman, and disqualifies him for his belief. In both I believe in the power of Congress to legislate directly for the Ter­ cases it propose an inquiry into the question. It probes the jury­ ritories of the Union, subject to the Constitution of the United States. man him elf. If he declines to answer he is 'ipso facto set a ide. Congress holds them as property for sale and as a domain for colo­ I have hown that no law again t polygamy exi tetl prior to July nization in trust for the common and equal benefit oftheseveralStates 1, 1862, nor against unlawful cohabitation with more than one womUJl and the people of each and all of them. It can pass no law contrary up to this time. Yet a man who never violated either law is, by retro­ to this trust nor contrary to the terms of limitation on its power pre­ active effect given to each, to be disqualified u aj urrman. Thi gives scribed by the Con titution. That Constitution follows each colo­ an ex post facto operation to these laws in order to disqualify jurymen, nist to his new home in the Territory and shields him from arbitrary and thus to debar the accused from an impartial jury of his peers. power by whomsoever exercised, whether by the direct action of But more than all, this is done by an inquisitorial proceeding to Congre ·s or of the Territorial government to which Congress may disqualify men for jury ervice, to brand them a criminals without delegate the governing authority. The citizen in the Territory, like trial, even perhaps without accusation, and thus to narrow and circum­ the citizen in the State, is protected against all laws which are not scribe the cla of citizens in the community from wbi han impartial "made in pursttance of the Constitution." jury is to be selected. Is this fair T Does this constitute an impar­ I believe that the fifth and eighth sections of this bill are viola­ tial jury T Is it not unconstitutional in that it excludes large cla es tions of the Constitution, and I therefore cannot vote for it. They of men who may not only never have offended against any la,w, but violate it in fundamental matters, which, if allowed in an effort to who may have abandoned a practice of which th y once were guilty, extirpate this enormous evil, will be a precedent for passion and and who, in many cases, might fairly administer the law without prejudice to use the same methods where no real evil exists. Every regard to any higher law supposed to govern the Mormon l?eople f provision of this bill, aimed at polygamy and the other offenses named I come now to the eighth ection of the bill. That prov1des that in it for their punishment, and to accomplish their extermination, no bigamist, polygamist, or any per on cohabiting as before mentioned meets my hearty concurrence; and I regret that some of its provis­ shall vote or be eligible to office or hold office in any Territory or ions are so arbitrary and unconstitutional tha.t I cannot give my vote place over which the United States ha.ve exclusive jurisdiction, or for the bill. · under the United St!ttcs. This disfranchise every such per on from The ha.ate with which under the previous question and a short hour every office from the Presidency clown to the most petty place tmder for amendment and debate thereon and cill of roll have prevented the Government. me from moving amendments which might, in my view, have made I waive the question of a constitutional power to make disquali­ the bill constitution'tl. I can now only vote against its pas age, fications for offices to which another department appoint , or as to with no hope of defeating this ill-considered, if not inconsiderate, which the Con titution it elf establishes its own pre-qualifications. measure. I assert that this section, without trial of any kind, takes from every I will now present my constitutional objections to the bill. person guilty of any of the e offenses the precious right of saffrage It appears that the governor and Legislative Assembly of Utah, and the privilege of eligibility to or the title to hold any office un­ by an act passed January 19, 1 55, adopted and re-enacted an ordi­ der the United States. This is done by act of Congress for crime. nance passed by the provisional government of Deseret February 8, It operates eo instanti of the approval of thi law. If at that moment 1851, by which .Mormonism with its polygamous rites was legalized in be is guilty of the new oft"ense createti by this act, this act in the same that Territory. That act was never repealed until C.ongress, by a law moment inflicts this heavy penalty. passed July 1, 1862, (12 Statutes at Large, 501,) annulled it and made It does more. The ninth section establishes a commission of fi>e polyga.my unlawful. That act was codified in the Revised Statutes, persons whose decision cf exclusion of any man from the polls is ab­ rs ction 5352. This section is re-enacted, but enlarged in its scope by solute and tinal. He has no appeal. That commi ion trie the the first section of the present bill. In other words, this bill ma,kes question of guilt or innocence, in order to determine his right to vote. some acts criminal which have not been criminal to this date. His citizenship is emasculated under this law, without due procesg The third section of this bill creates a new oftense, namely, cohab­ of law by indictment and jury trial before a court of law. The com­ itation with more than one woman--impliedly making illicit cohab­ mi ion of five are the ttb olute arbiters of the rights and immunities itation with one woman no offense at all! -and denounces it as a of 140,000 citizens of the United States. misdemeanor punishable by fine and imprisonment. Is such a taw constitutional Y The Supreme Court, in Cummings Now let us look at the fifth section. It provides that in all prose­ vs. Missouri, (4 Wallace, 277,) have settled this question. - cutions for said offenses i_t shall be sufficient cause of challenge to a The Constitution of the United States, article 1, section 9, clause 3, person summoned as a juryman "that he is or has been living in the declares, "No bill of attainder or expo tjacto law shall be pa sed." practice of.bigamy, polygamy, or unlawful cohabitation," &c.; "or This is a limitation on the power of Congress. (Milligan'~:~ case, 4 that be is or has been guilty of an offense punishable by either of Wallace, 2; Cummings vs. Missouri, supra.) the foregoing sections or by section 5352 of the Revised Statutes;" What is a bill of attainder T The Supreme Court shall answer: or "that he believes it right for a man to have more than one living A bill of attainder is a legislative act which iniDcts punishment without a judi­ and undivorced wife at the same time or to live in the practice of cial trial. * * * If the punishment be less than death the act is termed a bill cohabiting with more than one woman." The section provides for of pains and penalties. Within the meaning of the Constitution1 bills of attRinder examination of the juryman and other evidence, and to exclude him include bills of pains and ;l?enalties. In these cases the legislative body, in addi­ tion to its legitimate functions, exercises the powers and office of ju~{!e. &c. , and from the jury if he refuses to answer as to his guilt or innocence of fixes the degree of punishment in accordance with ita o-wn notions of tne enormity .eaid offenses. of the offense. (Per F1eld, J., 4 Wallace, 323.) I do not insist t.hat every man has an equal right to be upon the jury, but I do insist that it is the right of the accused to be tried by Bnt is a disqualification to vote, to be eligible to office, or to hold an impartial jury of his district. office, a punishment T Let the same court answer : The fifth a~endment to the Constitution declares that no per on The theory upon which our political institutions rest is, that all men have cer­ "shall be deprived of life, liberty, or property without due process tain inalienable rights; that among these are life, liberty, and the pursuit of hap­ T piness ; an~ that in the pursuit of happine_ss all avocati?mi, all busin~ss, all posi· of law." What is due proce s of law Judge Story, citing Lord tions are alike open to every one, and that m the protection of these nghts all are Coke, (3 Story's Commentaries on the Constitution, 1783,) says this equal beforo the law. Any deprivation or suspension of any of these rights for means "the right of trial according to the process and proceedings past conduct is punishment and can be in no otherwise defined. (Ibid., pages 321, of the common law." This includes trial by jury of the peers of the 322.) accused, as shown in Milligan's case. ( 4 Wallace, 2.) But the sixth Again, the courts say punishment embraces "deprivation or sus­ amendment of the Constitution is more explicit. It declares "the pen ion of political or civil rights." accu ·ed shall enjoy the-right to a speedy and public trial by an im­ Again: partial jury," &c. Disqualification from office may be punishment, as in cases of conviction upon In the late ca e of Strander vs. West Virginia, (100 United States impeachment. Reports, 363,) the Supreme Court says, in speaking of jury trial: In the case cited, a legislative act which deprived a man of his The constitution of juries is a very essential part of the protection such a mode of trial is intended to secme. The very idea. of a jury is a body of men composed right to teach and preach, for acts done before its passage, was held of the peers or equals of the person who e rights it is selected or summoned to to be unconstitutional as a bill of attainder. How much more so determin~that " is of his neighbors, fellows, associates, persons haTI.ng the same this bill, which deprives the party of civil and political rights with­ legal tatus in society as that which he holds. out tria.l, and by a mere act of legislation T The court say it must be o-uarded against the proce s known as The same doctrines were affirmed in ex parte Garland. ( 4 'Vallace, '' pac.ldng juries," and that the man should be tried by persons with­ 333.) out prejudice against him. I cannot doubt, then, that this act will be a bill of a.ttainder. As Now, I do not mean to say that persons in pm'i delicto ·with the such it violates the Constitution in a matter which affects the lives, accused should be put upon his jury. But I do mean to say that the libertie , and rights of fifty millions of freemen. I cannot vote for fact that a man has been guilty of an offense at a time long past is it. I should be false to my sworn duty to support and defend the no reason for his disfranchisement as a juror, nor to debar the ac­ Constitution of tho United States if I voted for a bill which not only cused from having him on a jury. And yet this bill does this. It violates the Constitution but makes a precedent of evil omen to the declares if a juror is or has been guilty of any of these offenses, or liberties of the people. I cannot consent to eradicate one vice by an is or has been guilty of the offense newly anQ_ fort4e tirat time madE~ a.ct of usurpation of power which might involve rP,sults of greater 1882. CONGRESSIONAL RECORD-HOUSE. 1873

magnitude and importance to the happiness of the present and future until some act be passed by Congress or the Territorial Legislature generations of this great Union. repealing it. This is the latest act upon the subject, and is the act I forbear to dwell upon the dangerous powers vested in the oli­ now in force. When this bill shall have become a law the men who garchy to be constituted by the ninth section. Given a board which is now constitute the county court, through and by whom these vacan­ to regulate suffrage, to hold electio~~.to make returns thereof, and cies are to be filled, are instantly liable to be removed from office. all this without appeal, and there will be no difficulty in reaching There will be no officer in the Territory to probate a will, to settle the estates of deceased persons, to appoint guardians, administrators, the conclusion that for the time beins 1401000 citizens of the United States will be subject to an autocratic oligarchy as absolute in its or executors; there will be nobody to record deeds and mortgages, authority and capable of achieving as much unhappiness for its sub­ and nobody to keep the records ofthe courts. There will be no sheriffs jects by the plunder of their property, the deprivation of their liber­ or constables to execute process or collect debts, the gentleman from ties, and the violsttion of their constitutional rights, as ever existed Nevada [Mr. CASSIDY] having just informed us that nineteen-twen­ amono- any people in ancient or modern times. tieths of the officers there are amenable to the provisions of this bill. With a solemn protest against these dan_gerous provisions of this Thus you leave that Territory in a disorganized and confused state' bill, I am constrained to vote against it. .l am satisfied if it is de­ for the period of two years. feated that this great evil of Mormonism may be extirpated by some Mr. BAYNE. Does not the eighth section operate merely pros­ new measure without a. violation of the Constitution or detriment to pectively f Does it not a.pply merely to acts that are to take place the Republic. in the future f 1\fr. CONVERSE. I yield tw.o minutes to the gentleman from 1\fis­ Mr. CARLISLE. Not at all. sissippi, (Mr. MULDROW.l 1\!r. BAYNE. It does necessarily. Mr. MULDROW. Mr. Speaker, I approach a vote on this question Jr!r. CARLISLE. Will the gentleman in chaTge of this bill say with great difficulty in my own mind. I sincerely desire to vote for that if it becomes a law-and I would like an answer from some gen­ a proper bill on this subject. I belie"ve that the moral sense of this tleman on the other side who has investigated the bill-- country is properly directed at this time against polygamous prac­ Mr. HASKELL. What is the question f tices, and a proper bill framed for its suppression in the Territories Mr. CARLISLE. Does the gentleman say that this bill is merely over which this Government has dominion would meet with my prospective in its operation and applies only to acts hereafter to be hearty approbation. I was anxious to see the amendments offered committedf by the gentleman from Texas [Mr. REAGAN] incorporated as a. part Mr. HASKELL. I will say there is power in the governor under of this bill. With those amendments, as I understood them, the bill the organic act, which cannot be repealed by the Utah Legislature, would have received my hearty sanction. to appoint every one of them. More, more, sir. I say that it is the A difficulty now confronts me as to what I ought to do in the pres­ intention of the bill ~nd of the friends of the bill to legislate out ent attitude of the case. Believing that the laws heretofore in force of office every one of that infamous Mormon priesthood, and to sive have been inadequate for the suppression of this great crime, and an opportunity to put in honest men. [Applause on the Republican that some further legislation is needed, I hesitate as to my duty. If side.] · I should decide to vote for the bill in its present shape, I shall do so Mr. CARLISLE. That is what I understand, Mr. Speaker, per­ under prot-est, regrettino- that in the alternative presented to me I fectly, and I am not objecting to the provision of the bill which must seem to sanction tbis crime or must vote for the bill with its legislates them out of office, and the gentleman does not so under­ present objectionable features. stand me I am sure. But I am objecting to a crude and imperfect :M:r. CONVERSE. I now yield two minutes to the gentleman from section of this bill which practically legislates them out of office New Jersey, (Mr. HARDENBERGH.] and puts nobody else in, and leaves all the people of the Territory Mr. HARDENBERG H. I avail myself of the courtesy of the gen­ in a state of the utmost confusion and distress, and suspends public tleman from Ohio to ask unanimous consent that any member of the business almost everywhere within the limits of that Territory. House may have the right to print in the REcoRD his views upon Mr. HASKELL. Let me ask the gentleman a question. Do you this bill. hold that the Territorial Legislature of Utah can repeal an organic The SPEAKER. The gentleman from New Jersey asks unanimous act f consent that any gentleman desiring to print remarks in the RECORD Jr!r. CARLISLE. The Territorial Legislature of Utah has not at­ upon this bill may have that privilege. Is there objection f The tempted to repeal the orsanic act, but the Territorial Legislature of Chair hears none; and leave is granted. Utah, in the exercise of 1ts legislative powers, conferred upon it by Mr. CONVERSE. Mr. Speaker, I want to occupy about three the organic act itself, has legislated upon this subject, and its law minutes myself, and I have I think three or four minutes additional is the only one now in existence. to offer to some other gentleman, but no application has been made Mr. ROBESON. Ihopeimaybe permitted to ask a question from to me for the time. I desire in the course of two or three minutes to my friend from Kentucky, and I ask that it shall not be taken out call the attention of the House to two points in this bill in addition of anybody's time. I wish the gentleman to point out in this law to those which have been suggested by the gentleman from Virginia the clause which legislates anybody out of office. [Mr. TucKER] as to the constitutional provisions violated by the bill. Mr. CARLISLE. I will read it. First, as we are told by gentlemen on the other side of the House, Jr!r. ROBESON. Do so. all the offices in Utah are filled by polygamous Mormons. If that be Mr. CARLISLE. I will read it, and if the gentleman disagrees true, then this bill strikes down every officer in that Territory. It with his friend from Kansas-- legislates out of office every judge, every sheriff,. every justice of the }fr. ROBESON. I ask a question which I would like to have peace, every constable, every policeman, every civil officer. By a answered, but I do not wish to occupy any more time than is neces­ single blow in the passage of this bill you organize anarchy instead sary. ()flaw in that Territory. This you do by a bill to which practically Mr. CARLISLE. Give me time and I will read it. you refuse to allow amendments to be ofi'ered; for in fatlt but fifteen Jr!r. ROBESON. Certainly; take the time. minutesoutofthehourtowhich we were entitled for amendments and Mr. CARLISLE. Section 8 provides: debate thereon have been accorded to us. The balance has been con­ That no J>olygamist, bigamist, or any person cohabiting with more than one sumed by roll-call and other business of the House. woman, and no woman cohabiting with any of the persons described as aforesaid Mr. CARLIS:LE. Is it not a fact that when this bill has become a in this section, in any Territory or other place over which the United States have law, and these offices have all been vacated, there are no means now exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eli~_ble for election or appointment to, or be entitled provided by law for filling the vacancies, and that the Legislature to bold, any office or place of pul:lJ.ic trust, honor, or emolument in, under, or for -cannot assemble for two years, during all which period these offices any such Territory or place, or under the United States. must remain vacant f Mr. CALKL.'fS. The Territorial laws provide for that. Mr. ROBESON. There is the point the gentleman is coming to. Mr. HASKELL. The governor will fill the offices. The words shall "be entitled to hold" are the words which are to be Mr. CARLISLE. He has not the power. Here is the law of the construed. Does the gentleman say, as a lawyer, that that clause Legislature of Utah. Let me read it. legislates anybody out of office who is now in f Does he say that Mr. CONVERSE. I yield to my friend from Kentucky. it is not prospective but a retroactive provision f And if there is Mr. CARLISLE. This is the law: doubt about its effect I ask him is it not a principle of legal con­ Be it enacted by the governor and Legislative Assembly of the Territory of Utah, struction that where it is a question which of two penalties are im­ That in case of the death, resignation, or other disability of any Territorial officer, posed, the milder one is taken Y And where it is doubtful which of made elective in the Territory, it shall be the duty of the governor, within ten two legal results follow the least harsh is chosen t And are not all >days after receiving notice of the dea~ resignation, or other disability of such ()fficer, to call a. special election in the Territory or District where such vac:mcy laws not specially made retroactive construed to ue prospective in shall have occurred for the purpose of filling the same. their operation l SEC. 2. In case of a. vacancy, by the death, resignation, or other disability of :my The SPEAKER. The time bas expired. county or precinct officer, made elective in any county in this Territory, it shail Mr. CARLISLE. I hope I may be allowed a moment. be the duty of the county court in such county, within twenty days after any such vacancy slia.ll occur, to order a special election in the county or precinct where Mr. ROBESON. I hope the gentleman will be permitted to go on. ,guch vacancy shall occur, to fill such vacancy : Provided, That if any person shall Mr. CARLISLE. The gentleman has consumed a large part of my- neglect or fail to qualify within twenty days after receiving notice of having been time in asking his question, and I ought to have time to answer it. elected to any county or precinct office, such office shall be deemed vacant. Mr. HASKELL. I ask byunauimous consent that the gentleman Mr. HASKELL. Now read the organic act of the Territory and from Kentucky be allowed time enough to answer the question. you will find the power of the gavernor-- Mr. ROBESON. Give the gentlemanfiveminute.s, and then let me M.r. CARLISLE. This is the law passed in 1878, and it is the law have five minutes in which to answer him. XIII-118 r

1874 CONGRESSIONAL RECORD-HOUSE. MARon 13,.

The SPEA.KER. The Chair hears no objection, and the gentleman indorse all that he has said on the subject, and he ha-s presented the from Kentucky will proceed. subject much more eloquently than I eou1d have done. :Mr. CARLISLE. ·The principles of law, or rather the ru1e of con­ I was proceeding to state my objections to this bill. This bill or­ struction of penal statutes which the gentleman from New Jersey ganizes, in my judgment, disorder and confusion and anarchy for th& has stated is undoubtedly the correct one and ~enerally prevails, but nexttwoyearsin the Territory ofUtah. There can be no doubt about the gentleman from Kansas who has charge of this bill has just an­ it in my jndsment. The offices are made vacant and no provisions. nounced that his purpose is to legislate out of office immediately made for fillmg them. · every man who was amenable to the provisions of this bill. What is the remedy proposed f It is the nll;lth section of the bill. Mr. HASKELL. I did not say immediately. Quote me as I spoke. What is the ninth section f It proposes that the President of the­ Mr. CARLISLE. What does the gentleman mean, then T United States shall appoint a board to consist of five commissioners, Mr. HASKELL. I mean by the process of law under the bill. who undoubtedly will be responsible gentlemen and men of honor; • Read the bill. • but what are they to do f They are to appoint as many o~hers as. Mr. CARLISLE. The bill provides no process of law for the pur­ they see fit in the Territory of Utah for the purpose of registering pose of ascertaining whether or not those persons are guilty of the the voters of that Territory and to conduct the election . Those offenses created by its terms. It simply says they shall not be com­ persons so appointed by the board are also to certify to this board petent to hold office. Suppose a man is now holding office; I admit the result of such elections. If the gentlemen appointed by th& it does not make void his official acts performed previously; but can PI·esident constituting the board of commissioners were under oath he continue to hold office with the provisions of this bill in force f and were to discharge the duties themselves of registering the voters. The gentleman from Kansas contends.that the governor will appoint and conducting the elections, there wou1d not be so much objection to these offices, but I say he cannot do it under the law as it now stands. to the bill. But that is not the ca e. They are to appoint other I admit that you may hereafter pass a statute giving him that author­ persons to discharge these duties. They may appoint a-s many per­ ity, but immediately on the passage of this bill these offices in the sons as they see proper within the limits of the 'l'erritory. Those Territory of Utah will, in my judgment, be vacated, or at least the whom they may appoint are to register the voters, to hold the election, incumbents can at once be proceeded against and ousted, and there and to certify the resu1t of the election to this original board; and. are no means provided for filling the vacancies until the next reguiar there is no provision in this bill or in any existing law, so far as I election, whenever that may be. The county courts cannot order elec­ know, requiring those other persons so appointed to take an oath of tions to fill the vacancies, because the judges and selectmen who con­ office before entering upon the discharge of their duties. There is. stitute those courts must themselves go out of office with the others. no requirement that they shall be citizens or residents of the Terri­ The governor cannot fill the vacancies by appointment, as any gen­ tory. No qualification whatever is prescribed by the bill for such tleman can readily see who will take the trouble to examine the stat­ appointees who may exercise such great power. utes now in force on that subject. Section 1851 of the Revised Stat­ The bill provides simply for conferring upon an irresponsible lot of' utes of the United States, which relates to all the Territories, provides men, without requiring of them an oath to discharge the duties of' that--_ the office, the power to regu1ate the voters, to make the lists, to con­ The legislative power of every Territ-ory shall extend to ::ill rightful subjects of duct the election, and to make the returns and certify the results ;. legislation not inconsistent with the Constitution a.nd laws of tlie United States. and then it confers upon this board of commissioners to be appointed by the President the power to determine whether the men who are It then proceeds to impose certain limitations upon the power of thus ~ertified as elected are eligible to the offices to which they have­ the local legislature as to the primary disposal of the soil and the been elected. taxation of property belonging to the Unite(l States and to non­ What will be the result f You will fill the Territorial Legislature residents. but it contains no restrictions affectin~ the power to pro­ with a set of carpet-baggers more intent upon stealing under the vide for the filling of vacancies in local offices. ::section 1850, which forms oflawthe property accnmu1ated and created by the industry of' applies to Utah, requires all laws passed by the Territorial Legisla­ that frugal people than anxious to faithfully and honestly admin­ ture to be submitted to Congress, and provides that if disapproved ister the provisions of the law. t.uey shall be nu1l and of no effect. The Territorial act of 1878, pre­ This bill, therefore, in its present form, in my judgment, as I have scribing the manner in which vacancies shall be filled, has never already saifl, is a bill for disorganizing the Territory rather than for been disapproved by Congress, and is now in full force. It is the reorganizing it. It vacates all the offices and makes noprovlliion for only law in force on that subject, ·and consequently when you break filling them. There will be no one, then, under the operations of up the county courts by deposing their officers under this bill, yon this bill to either make, administer, or execute law and order. It destroy all the machinery provided by la for the filling of vacan­ organizes anarchy in the Territory, and will fail to accomplish the cies in other county offices. The offices must remain vacant until a purposes of its friends. If the majorit.y had allowed the bill to be reguiar election, because the ninth section of this bill,while it author­ amended, as it should have been, by providing for the sup pres ion of' izes the board to appoint officers to conduct elections, fixes no time polygamy and other kindred evil practices in all places where the when the elections shall be held, but leaves that to be regulated by Government of the United States has exclusive jurisdiction, and had existing laws. stopped there, there wou1d then have been little objection to its pas­ I wou1d cheerfully vote for all the sections of this bill except the sage. fifth, eighth, and ninth, and if gentlemen would permit these sec­ · MESSAGE FROl\I THE SEXATE. tions to be amended and modified in some respects, which in my opin­ ion would not impair the efficiency of the bill, I wou1d vote for them A message from the Senate, by !!Ir. SYl\IPSON, one of their clerks, al o. But I shall not allow my opposition to polygamy or any other announced that the Senate had pa sed without amendment the fol­ crime to lead me into the support of a measure which in my judg­ lowing bills : ment cloes violence to the plainest principles of good government. A bill (H. R. No. 3541) directing the is ue of a check to the Pequon-· Whim we enact laws for the suppression of crime we should incor­ nock National Bank in place of one heretofore i ned to J uliaett Pres­ porate into. them only such provisions as are reasonably calculated cott, a pensioner of the United States, and lost; and to accomplish the pnrpo e intended, such provisions only as the A bill (H. R. No. 4754) to admit free of duty certain steam-plow courts of the country can emorce and ought to enforce. I have no machinery now in the port of San l''rancisco. time now to go into a discussion of those provisions of this bill The message also announced the passage by the Senate of a bill which relate to the qualifications of voters and jurors and which con­ and joint resolution of the following titles; in which concurrence of' fer such extraordinary and dangerous powers on the returning­ the Honse of Representatives was requeste-d : board .created by its ninth section, but shall record my vote against A bill ( S. No. 356) for the relief of the widow of George W. 1!1.ood ;. it, in the confident belief that the time is not far distant when its and warmest advocates will acknowledge its injustice and its imperfec­ A joint resolution (S. No. 49) making a further appropriation t.o· tions uy asking for alterations and amendments. relieve the sufferers by the overflow of the Mississippi River and its. l\Ir. ROBESON. The gentleman from Kentucky was given five tributaries. minutes by unanimous consent with the understanding that I shou1d E~ROLLED BILLS SIGNED. have an e.quaJ.length of time to reply. Mr. ALDRICH, from the Committee on Enrolled Bills, reported. The SPEAKER. The time of the gentleman from Ohio ha-s expired. that they had examined and found duly enrolled a bill and joint res­ Mr. CONVERSE. This was not to be taken out of my time. olution of the following titles; when the Speaker signed the same :. The SPEAKER. Certainly not. The time of the gentleman from A bill (H. R. No. 3251) authorizing the Postmaster-General to ad­ Kentucky was extended by unanimous consent; but the time of the just certain claims of postmasters for loss by burglary, fire, or other gentleman from Ohio had expired before that. unavoidable casualty; and Mr. CONVERSE. I was simply interrupted and had no oppor­ A joint resolution (H. R. No. 140) to print certain eulogiea deliv­ tunity for concluding. ered in Congress upon the late llicha~l P. O'Connor. The SPEAKER. The gentleman yielded to the interruptiQns. Mr. SHALLENBERGER, from the Committee on Enrolle(l Bills,. Mr. CONVERSE. Then I shall ask un::...nimous consent of the reported that the committee bad also·examined and found dn1y en­ House to grant me three minutes' time. rolled the bill (S. No. 743) granting a pension to Elizabeth Wirt. The SPEAKER. Without objection the gentleman will be allowed Goldsborough ; when the Speaker signed the same. to proceed three minutes. There was no objection. POLYGAMY, ETC. Mr. CONVERSE. Mr. Speaker, when interrupted I was proceed­ Mr. HASKELL. I now yield five minutes to the gentleman from ing in the line of remarks offered by the gentleman from Kentucky. I Pennsylvania, (Mr. SHALLENBERGER.] 1882. CONGRESSIONAL RECORD-HOUSE. 1875

llr. SHALLENBERGER. Mr. Speaker, in the moment of time 1\Ir. HASKELL. I yield :five minutes to the gentleman from New which the gentleman from Kansas has yielded to me I desire simply Jersey, (1\Ir. ROBESON.) to say that I shall vote for this bill, not because in my judgment it Mr. ROBESON. I yield one minute of the :five to the gentleman goes perhaps to the root of the evil but because I believe it may be from Indiana, [lli. CALKINS.] the only substantial legislation that this session of Congress will lli. CALKINS. I desire to call the attention of my friend from secure upon the subject. There are two bills which have been before Kentucky [Mr. CARLISLE] to the section of the bill which he referred the Judiciary Committee of the House, one of which I had the honor to. I desire to read it in his presence, and will then ask him to say to introduce and which has been reported favorably by substitute, in the pre ence of this House whether his remarks are justified under the other a bill creating a commission for the government of Utah the proper construction of that law. I read it with some of these Territory, which bills, taken together and enacted into law, I should words out, so as to bring clo e together the proposition which he have preferred to this. But I see in this bill a substantial remedy announced: for many of the evils now afflicting the Territories of the United That no polygamist, bigamist, &c., shall be entitled to vote- States. I shall therefore vot.e for the bill now under consideration without amendment for the purpose of securing some of the legisla­ That does not mean in the past- tion which the country has demanded of us during the·past fifteen shall be entitled to vote * * * or be eligible for election or appointment to or be years. I have no scruples, Mr. Speaker, upon the constitutional entitled to hold any office. questions raised by several gentlemen who have just spoken. I have That does not mean in the past, and under no construction which carefully read the learned debate in the Senate, and I claim that this the eminent gentleman from Kentucky can give to it can it be held Congress to-day has as much right, and it is just as clearly its duty, to mean that this legislation applies to the past. That is a complete to take hold of the Territory of Utah and regulate its affairs to the answer to the proposition of the gentleman that this is turnin~ over end that republican government may be guaranteed as we had in the Territory to anarchy. And I would further say that it only ap­ the days when the Territory wa~ or~anized. I doubt if there is a gen­ plies to those people who are living in the condition described, if his tleman upon this floor who will claim that a republican government construction was right, which is described in the bill; and some of exists in that '.rerritory to-day. · A so-called church hierarchy has his colleagues, as I am informed, refuse the position he takes because usurped the powers and absorbed the functions of the state or civil they do not concede they are in that position. g:overnment. Pretended revelations are held to be of higher author­ I do not wish to be understood as giving this construction to it Ity than the Constitution and laws of the United States. myself, but to get the gentleman to give his. In the organic act we gave to the ~overnor the same .power pre­ 1\Ir. ROBESON. I am always pleased when my friend from Ken­ cisely that we now give to this intelligent board or commission, as tucky [ l\fr. CARLISLE] takes the floor, because though the neces ities I believe it will be, of :five eminent commissioners who will. represent of his party often put him in the position of championing the wrong, both parties. Those :five co:mm.ll:sioners have to meet a question yet the fairness of his mind always forces him to admit away the foun­ which the American people will join me in saying demands the speed­ dations of his case and confronts him with his own principles. My iest and most radical remedy. I say it here, the intent of this bilUs friend must admit that the words "shall not be entitled to hold" have to legislate out of office every individual in the Territory of Utah no retrospective action upon officers or persons who have actually now living in bigamy or polygamy and openly teaching the same in ·taken hold of and been inducted into office. That they will apply defiance of the laws of the United States. I claim no man should be to men who are not sworn in nor have taken bold of t.heir office, I naturalized in this country of ours who owes ahigher allegiance to admit on my side. What effect they will have upon the legal tenure such a corrupt hierarchy than he does to the Government of the of persons who insist upon incurring the penalty. in future by con­ United States. He cannot be at heart loyal to the Government of tinuing to commit the crime here denounced, the gentleman will un­ this Republic. As a m:ttter of fact patent to all, he is not. Polyg­ derstand and the courts will decide. I can only say that persistent amy merely tests the Brighamite-Mormon and proves the rebellious crime, in the face of this law, ought to di qualify any per on who pirit that is ready in every way and at all times when dominated by commits it from holding executive or judictal office. 'Vill my friend the priesthood to commit the most :flagrant crimes against person dispute that principle T But I desire to say one word on the general and property in the name of religion. I believe in individual soul principles involved in this bill. It has been suggested by many and liberty, but I insist upon the absolute separation of Church and expressly declar6d by the gentleman from Texas that this is a. blow State. When the Mormon Church relinquishes all claim to temporal at free O'Overnment. Let me say to him, and to all who are wan­ power, ancl its members yield a ready obedience to the laws of the dering /:om correct principle on this subject, that all free govern­ land, it will have the full protection of our flag, and hold its vaga­ ment in our a~e must grow up from and out of that #?reat principle rie , if such they be, unmolested and unchallenged. upon which Cnristian civilization is founded. That 1s, that princi­ :Ur. HASKELL.. I yield two minutes to the gentleman from Wis­ ple of human conduct which we call morality, which was taught by consin, [Mr. WILLIAMS.] the great founder of all civilized religion as the outward and visible Mr. WILLIAMS, ofWisconsin. Two minutes are about long enough sign "of His reueeming faith," the realization and preservation of to pronounce the benediction. which is the object for which civilized society was established; and Mr. Speaker, secret vice, however prevalent and deplorable, can that free government is valuable and only fulfills its object as it never be a justification for the flagrant and open violation of public operates to establish and maintain morality among its citizens. morals and public law. Human nature bas its foibles, charity its Here are embodied the everlasting principles of freedom. They grandeur, and phariseeism has been under ban since the morning of are the freemen "whom the truth makes ft·ee," and ''all are slaves time. But Mormonism, with its adjunct, polygamy, would rob vice beside." These are everlasting principles and will survive all change. of its hideousness, clothe it in virtue's robes, sanctify it by the name Times may change, manners may alter, generations may pass away, of religion, and invoke upon it the blessing of the Almigllty. Thus creeds even may rise and fall, but the moral law is written on tho intrenched, it challenges criticism and defies attack. Why, sir, I tablets of eternity. speak not of its innocent victims or votaries. I speak not of persons Gentlemen willtmderstand that these principles and the desire to or individuals at all, but of an institution. If there be one form of maintain them were the agencies which summoned freemen to society blasphemy more rank than another, what can be more blasphemous and controls them t.o submit to the forms of organized government, than this T But it is not in the realms of morals or religion that it and that only in their preservation and enforcement is found the works its most pernicious curse. It not only disrupts and destroys realization of free government. If these idea~ are just, they forbid the family, but it makes the family impossible. It banishes the sa­ the recognition as free government of any system founded on the cred word "home" and herds its offspring. It blots out the sweet­ ideas and principles of a civilization which is barbaric and not ChriEr est phrases in this world, "parent and child," "father and mother," tian. For myself I would rather make anarchy there, than submit in any sense worth repeating. It does more: it loosens the founda­ to an organization in the line of barbaric civilization, to a false tions of civil government; it takes away the corner-stone of repub­ religion organized in the forms of oligarchical government in open lican institutions; it comma-nds the ballot1 controls the courts, directs defiance not only of the spirit of our Government but of the letter of the juries, and dictates the verdict. If right, it should command all our law. That is the principle on which, if necessary, we will stand. the power of the Government, and armies should march to and fro The people of this country will prefer " Christian anarchy" to bar­ in its defense, and ships should sail the seas to bring in its prose­ baric order. lytes. We stand here now, Mr. Speaker1 just exactly where we would I repeat, that while I would persecute no individual, and would have stood if the vote for the preYJous question had been allowed. allow the widest liberty of conscience, and would protect every son The gentlemen on the other side have wasted all the time we gave of Adam in the free enjoyment of his reli~Pous belief, and while by them because they intended, ifpossible, to defeat our bill by pretended any method known to the law I would shield and foster the prod­ amendments, and go to the country under the cover of smooth resolves ucts of honest toil and relieve against the anomalies and embarrass­ and specious pretenses. But the real feeling could not be concealed, ments of an abnormal condition of society, at this bold pretense of and so they have occupied all their time in direct attacks upon and religious belief! would walk to the utmost verge of the Constitution direct votes against the effective measures of the bill. The gentle­ t.o smite it down; and I would say to oriental paganism, uphold­ men on the other side are all against polygamy, but many of them ing these customs and demands," Thus far, and no farther. Where are also against the measures provided to put it down. It was a the clear waters of the Pacific lave the pure sands of our western conditionofmind which affeoted many gentlemen at the North from shore, there thou shalt pause in the presence of the nation's power 1861 to 1865. They were in favor of the war, but opposed to carry- and before the Christian civilization ofthis noon-day of the world." ing it on. - {Applause.] Mr. SINGLETON, of Illinois. I hope the gentleman from New 1876 CONGRESSIONAL RECORD-HOUSE. MARon 13,'

Jersey will take back that charge, which he makes without the least I wish I could place properly before this House this Mormon hier­ authority. archy of Utah that is struck at by the provisions of this bill. I Mr. ROBESON. I beg the gentleman's pardon; I did not mean him. would like to show our Democratic members who are voting to main­ The SPEAKER. The time of the gentleman from New Jersey has tain that mephitic and retrogressive institution how it has taken expired. from under the hand and· beyond the power and control of the Gen­ Mr. RYAN. I ask that by unanimous consent the gentleman be eral Government over four hundred thousand acres of the puhlic permitted to proceed. land of the United States, and prostituted that vast domain to an Mr. ROBESON. I want no further time except to say that this iron-clad church ecclesiasticism and despotism. putting down of polygamy is not a question of religion, but only of I would like to tell how, for the purpose of making null and nuga­ soeial order-- tory every law of the United States possible to avoid, they have Mr. SPRINGER. I object to the gentleman going on, unless I taken all the better and richer portions of that Territory out from have an opportunity to reply. under the control of the Federal courts and the Federal authority, Mr. ROBESON. Aa we gave ten minutes to the gentlemen on the and plac~d them in the hands of municipal organizations practically other side more than they were entitled to, I accept the objection of supreme m themselves, so that you can go from the northern line of the gentleman from Illinois. · . Utah to the southern line of Utah and every foot of the way be Mr. RYAN. The gentlemen on the other side are not so generous within the corporate limits of a Mormon municipal organization, as we have been on this side. officered by polygamists and run in the interest of priests levying Mr. HASKELL. I now yield two minutes' time to the gentleman their contributions upon the people, and robbing them of the means from Michigan, [Mr. BURROWS.] of sustenance which belong to free .American labor. Mr. BURROWS, of Michigan. I desire to say but a word or two I would like to trace step by step the upbuilding of this ma<"'nifi.­ at this time. I shall vote for this bill! but I fear if it becomes a law cently organized theocracy, thatusurping all civil power and cfaim­ it will disappoint the expectation of 1ts friends. I have been op­ ing for itself divine authority has gone on year by year unchecked in posed, however, to amending it in any particular, because that would its course of usurpation and tyranny, and now defies the pow-er of necessitate its return to the Senate and possibly defeat all legislation Congress about to be put forth for its extirpation, and invokes the on this subject. Better to have this measure than none at all. But I aid of a great party on this floor to perpetuate its extortions and to believe, as I have said before, that it will prove wholly inefficient. I am cloak and conceal its crimes. apprehensive it will aggravate rather than eradicate the evil. Yet I would like to lay all these facts before this Congress, and I will it is worth trying. I hope, however, this Congress will not adjourn if I may be permitted to do so before this Congress adjourns. I would until it meets the demands of the .American people and passes some like to call the attention of the great Democratic party to this fact: more efficient measure that will completely root out this evil and that the people of the United States will not hold them guiltless for destroy it utterly. their actions this day. Gentlemen of the other side, in mere declama­ This bill provides for an election machinery temporarily for the tion upon this floor you assert that you abhor polygamy and the crimes Territory of Utah, and in a short time the whole power may again incident thereto, and then when the roll is called upon the passage of pa-ss back into the hands of the poly~am.ista. I am in favor of a a bill framed in all the wisdom of the Unitecl States Senate, carefully commission for that Territory. I am m favor of this Government considered and agreed to by statesmen and lawyers of your own party, taking hold of the government of the Territory of Utah and tearing after all your professions of abhorrence of polygamy, on the roll-call down the rotten fabric from its dome to ita corner stone, and building yon vote against the passage of the most righteous bill that was ever upon the ruin, by the omnipoten~ arm of this Government, a. form of attempted to be passed by this House or any other. government that shall put an end to this evil at once and forever. Mr. HOUSE. A bill which you are afraid to have discussed except [Here the hammer fell.] under the operation of the previous question. Mr. HASKELL. I yield a minute to my friend from New York. Mr. HASKELL. Every bill that has been brought before Con­ Mr. PRESCOTT. Mr. Speaker, the claim is made by gentlemen gress during the last eighteen years for this purpose has been killed on the other side, and they seek to shield themselves before the world by the same processes that you try to institute upon this bill; sti­ for opposing this bill, that the inhabitants of Utah have fixed rights fling them in committees or loading them down with amendments that this bill, in its attempt to crush out the vilest system of immor­ to die between the two Houses in the cloisters of a conference com­ ality ever known within the limits of a civilized nation, will strike mittee. This is the wav the Poland bill was defeated. This is the down. way the Frelinghnysen.bill was defeated. This is the way the Lo­ No person can be affected by the enforcement of this bill unless he gan bill was defeated. That is the way all these bills have gone, now is a bigamist or polygamist. As such he ha-s no rights affected and were it not for the Republican side of this great Honse you by this bill except it be because of his crime. The crime strikes would have sent the Edmunds bill to its grave between these two down the right, not this law. That bigamy and polygamy are and He uses of CA*~ress. [Applause en the Republican side.] always have been crimes in Utah admits of no dispute. There was The SPE R. Under the operation of the special order made never a time when it was otherwise and in which rights could be to-day by unanimous consent, the previous questien will now be obtained now sou(J'ht to be annulled. At the January term of the considered as ordered on the bill and the pending amendment. The district court o~ the United States, in 1871, at Salt Lake City, this pending amendment is that portion of the amendment offered by the question arose in the matter of the application of Richard Douglas, gentleman from Texas [Mr. MILLs] which proposes to strike out Ralph Douglas, and William Kay for naturalization. The court then the eighth section of this bill. held that as they admitted they were polygamists or Mormons they Mr. HOUSE. And on that amendment I call for the yeas and were not entitled to become citizens by naturalization, because they nays. were guilty of crime and were not "of good moral character, attached The yea-s and nays were ordered. to the principles of the Constitution of the United States, and well The eighth section of the bill was as follows : disposed to the good order and happiness of the same." That no polygamist, bigamist, or any person cohabiting with more than one The court says that either the civil or the common law existed in woman, and no woman cohabiting with any of the persons described as aforesaid the Territory of Utah when the Government of the United States in this section, in any Territory or other place over which the United States have acquired the same from the Mexican Republic; that both the civil exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eligible for election or appointment to, or be entitled and common law of all civilized nations condemned bigamy and to hold, any office or plaee of priblio trnst, honor,~. or emolument in, under, or for polygamy as a crime; that whether these emigrants in the Territory any such Territory or place, or under the United ~ta.tes. of Utah found there the principles of the civil law or brought or found there the principles of the common law, they were alike for­ Mr. HOUK. Mr. Speaker, I am paired with my colleague, Mr. bidden to practice the crime of bigamy or polygamy, and that, too, WmTTHORNE, and cannot vote in his absence on any of the amend­ without any Congressional legislation upon the subject. ments or for the bill on its final pa-ssage. If I were not paired I I commend the conclusions of Chief-Justice James B. McKean in should vote for this as the best attainable measure for the destruction this case to this House, where he says: of polygamy in Utah and elsewhere in the United States. When we contemplate the histoiY of this crime for the past thirty years it can It is quite time that certain men b1 this community who mislead the people and but appal the moral sense of men of all parties; and I would fail to prate about their lo;yalty to the Constitution while they denounce every law that opposes their lusts; 1t is qnite time such men had learned that the jurisdiction of represent the voice of my constituents were I to oppose the passage a nation within its own territonfo is exclusive and absolute. Let them make up their of this most just and necessary law. Therefore, if Mr. WHITTHORNE ~~! !~ f:\h~c~~~ -!orld~e in Utah the same laws that are enforced every- were present, I would vote for the bill. The question was taken on striking out section 8 of the bill, and This, and this alone, is what is sought by this bill, and as such it there were-yeas 44, nays 193, not voting 55; as follows : commends itself to the support of every citizen having the present YEAS--44. and future f~ of his country at heart. .Atherton, Cravens, Jones, George W. Shackelford, The SPE R. There is remaining ofthehour for debate on this Beach, Dibble. Kenna, Shelley, llill four minutes' time, and the Chair recognizes the gentleman from Belmont, Dibrell, Knott. Singleton, Otho R. Kansas [Mr. HAsKELL] for that time. Blanchard, Evins, McMillin, Thompson, P. B. Buckner, Garrison, . Mills Tillman, Mr. HASKELL. I wish it was within my power in four minutes Cabell, Gunter, Money, Tucker, 1.o lay befgre this House that magnificent organization, infamous in its Caldwell, Herbert, Muldrow, Upson, objects, infamous in its purposes, infamous in its past accolllplish­ Carlisle, Hewitt, .Abram S. Nolan, Warner, ments, but ma~ficent in its priestly organization, and unrivaled Chalmers, Hewitt, G. W. Phister, Wellborn, Clark, Hooker, Reagan, Williams, Thomaa hy any similar mstitution in the world. Cook, Ho118e, Robert.._ Willis. 1882. CONGRESSIONAL RECORD-HOUSE. 1877

NAYS-193. Cassidy, Hawk, Mosgrove, Smith, Dietrich C. Aiken, Ennentrout, Mason, Scranton, Caswe!L Hazelton, Moulton, Smith, J. Hyatt Aldrich, Errett. Matson, Shallenberger, Chase, Hepburn, Murch, Spaulding, Anderson, Farwell, Chaa. :B. McClure, Shultz, Chalmers, Hewitt, G. W. Mutchler, Speer, Atkins, Farwell, Sewell S. McCoid, Singleton, Jas. W. Clardy, Hill Neal, Spooner, Ban-, Finley, McCook, Skiimer, Clark, His~k, Nolan, Springer, Bayne, Fisher, McKinley, Smith, A. Herr Clements, Hoblitzell. Norcross, Steele, Belford, Flower, McLane, Smith, Dietrich C. Cobb, Hoge, O'Neill. Stockslager, Beltzhoover, Ford, Miles, Smith, J. Hyatt Colerick, Holman, Orth, Swne, Be~, Fulkerson, Miller, Spaulding, Covin~n. Horr, Pacheco, Strait, Bland, Geddes, Moore, Speer, Crapo, Hubbs, Page, Talbott, Bliss, George, Morey, Spooner, Cullen, Humphrey, Parker, Taylor, Blount, Grout. Mornson, Springer, Curtin, Hutchins, Payson, Thomas. Brewer, Guenther, Morse, Steele, Davidson, Jacobs, Peelle, Tho:t·"!)son, Wm. G. Briggs, Hall, Mosgrove, Stockslager, Davis, George R. Jadwin, Pettibone, Town~end , Amos Browne, Hammond, John Moulton, Stone, Davis, Lowndes H. Jones, James K. Phelps, Townshend, R. W. Brumm, Hammond, N.J. Murch Strait, Dawes, Jorgensen, Pound, Turner, Henry G. Buchanan, Hardenbergh, Mutchler, Taylor, Deerine:, Joyce, Prescott, Turner, Oscar Buck, Harmer N ea.l, · Thomas, De Motte, Kasson, Randall, Tyler, Bun-ows, Julius C. HarriR, HenryS. Norcross, Thompson, Wm. G. Deuster, Kelley, Ranney, Updegrafl1 J. T. Burrows, J os. H. Haskell, O'Neill, Townsend, Amos Dingley, Ketcham. Ray. Updegratl, Thomas Butterworth, Hatch, Orth, Townshend, R. W. Dnnnefi, King, Reed, Urner, Calkins, Hawk, Pache¢Q, Turner, Henry G. Dwight, Lace_y, Rice, John B. Valentine, Camp Hazelton, Page, Turner, Oscar Ermentrout, Ladd, Rice, Theron M. Vance, Campbell, H~p burn, Paiker, Tyler, Errett Leedom, Rice, William W. Van Aernam, Candler, Hill Paul, Updegraff, J. T. Farweh, Chas. B. Le Favre, Rich, Van Horn, Cannon, His~k, Payson, Updegraff, Thomas Farwell, Sewell S. Lewis, Richardson, D.P. Van Voorhis, Carpenter, Hoblitzell, . Paella, Urner, Finley, Lord~ Richardson, Jno. S. Wait, 'Cassidy, Hoge, Pettibone, Valentine, Fisher, Maran, Ritchie, Walker, Caswell, Holman, Phelps, Vance, Flower, Martin, Robeson, Ward, Chace, Horr, Pom~.d, Van Aernam, Ford, Mason, Robinson, Geo. D. Washburn, Chapman, Hubbs, Prescott, Van Horn, Geddes, Matson, Robinson, James S. Watson, Clardy, Humphrey, Randall, Van Voorhis, George, McClure, Robinson, Wm. E. Webber, Clements, Hutchins, Ranney, Wadsworth, Grout, McC01d, Rosecrans, Wheeler, Cobb, Jacobs, Ray, Wait, Guenther, McCoek, Ross, White, Uolerick Jadwin, Reed, · Walker, Hall, McKinley, Russell, Williams, Chaa. G. Cox, William R. Jones, James K. Rice, John B. Ward, Hammond, John McLane, Ryan, Willis. Covington, Jones, Phineas Rice, Theron M. Washburn, Hammond, N. J. Miles, SCales, Willits, Crapo, Jorgensen, Rice, William W. Watson, Hardenbergh, Miller, Shallenberger, Wilson, Cullen, Joyce, Rich, Weber, Harmer Moore, Shultz, Wise, Morgan R. Curtin, Ka-sson, Richardson, D.P. Wheeler, Harris, Henry S. Morey, Singleton, Otho R. Wood, Walter A. Davidson, Kelley, Richardson, Jno. S. White, Haskell, Mornson, Skinner1 Young. Davis, George R. Lace_y, Ritchie, Williams, Chas. G. Hat~h. Morse, Smith, .a.. Herr Davis, Lowndes H. Ladd, :Robeson, Willits, NAYS-42. Dawes, Leedom, Robinson, Geo. D. Wilson Armfield, Cox, William R. Jones, George W. Shelley, Deering, Le Fevre, Robinson, James S. WiseJ Morgan R. Atherton, Cravens, Kenna, Singleton, Jas. W. De Motte, Lewis, Rosecrans, Wooa, Wafter A. Belmont, Deuster, Lord, Russell, Dibrell, Knott, Thompson, P. B. Blanchard, Evins, . Mannin~, Tillman, Dingley, Marsh, Ryan, Backner, Garrison, McMillin, Tucker, Dwight, Martin~ Scales, Cabell, Gunt.er, Mills Upson, NOT VOTING-55. Caldwell, Herbert, Mon~y, Warner, Carlisle, Herndon, Phister, Wellborn, Allen, Darrell, Heilman, Robinson, Wm. E. Chapman, Hewitt, Abram S. Reagan, · Willi.-u:ns, Thomas. Ann:field, Dezendorf, Henderson, Ross1 Converse, Hooker, Robertson, Barbour, Dowd, Herndon, Scoville, Cook, House, Shackelford, Bingham, Dngrow, Honk, Sherwin, Black, Duiin, Hubbell, Simonton, NOT VOTING-51. Blackbw.n, Dunnell, Ketcham, Sparks, Allen, Dezendorf, Haseltine, Pierce, Bowman, Ellis, King, Stephens, Barbour, Dibble, Heilman, Scoville, Bragg, Forney, Klotz, Talbott, Black, Dowd, Henderson, Scranton, Converse, Frost, Latham, West, Blackburn, Dngro, Honk, Sherwin, Cornell, Gibs011, Lindsey, Whitthorne, Bowman, Dnim, Hubbell, Simonton, Cox, Samuel S. Godshalk, Manning, WISe] George D. Bragg, Ellis, .r ones, Phineas Sparks, Crowley, Hard.Y, McKenzie, W oou, Benjamin Cannon, Forney, Klotz, Stephens, Culberson, Hams, Benj. W. Oates, Young. Cornell, Frost, Latham, Wadsworth, Cutts, Haseltine, Pierce, Cox, Samuel S. Fnlkel'8on, Lindsey, West, Crowley, Gibson, McKenzie, Whitthorne, So the amendment was not a~eed to. Culberson, Godshalk, Muldrow, Wis~~ George D. The following additional prurs were announced from the Clerk's Cutts, Hardy, Oates, Wooa, Benjamin. desk: Darrell, Harris, Benj. W. Paul, Mr. ARMFIELD with Mr. BrnGHAM. So the bill was passed. Mr. IIARMER with Mr. ELLIS. Before the result of the vote was announced, Mr. HAZELTON. J desire to state that the gentleman from Ken­ Mr. CANNON said: I desire to vote for this bill, and I would like tucky [Mr. McKENziE] is sick at his room. I have paired with him the privilege of voting now, for this reason: under the order of this on all questions excepting those upon this bill. I desire him to have House the Committee on Appropriations has leave to sit during the the benefit of the statement that he is sick and not able to be here. sessions of the House. I was called out to meet some parties upon a :Mr. CONVERSE. I wish to withdraw my vote, as I am paired with sub-committee. I expected to O'et back in time to vote. As I was the gentleman from Minnesota, [Mr. DUNNELL.] absent upon the work'Of the House, practically under its order, I The SPEAKER. The gentleman from Minnesota is present. think I am entitled to vote. Mr. DUNNELL. But I was not present when my name was called. The SPEAKER. The Chab: does not think the statement of the I would be glad to vote now. gentleman entitles him to vote under the rule and the practice. The result of the vote was announced as above stated. 1\Ir. CANNON. Then I will state that if I had not been absent by Mr. HASKELL moved to reconsider the vote by which the amend­ order of the House I would have voted for the passage of the bill. ment was rejected; and also moved that the motion to reconsider be The following additional pair was announced: laid on the table. Mr. KLOTZ with :Mr. IlEII..)IAN, who would have voted for the pas- The 1:1tter motion was agreed to. sage of the bill. The bill was then ordered to a third reading, and was accordingly .Mr. SCRANTON. I wish to ask how my vote is recorded Y read the third time. · The SPEAKER. It is not recorded. Mr. HASKELL. I now call the previous question on the passage Mr. SCRANTON. I desire to vote" ay." of the bill. Objection was made. The SPEAKER. That id not necessary, as the Chair thinks, under The result of the vote was announced as above stated. the order of the House. Mr. HASKELL moved to reconsider the vote by which the bill was Mr. HASKELL. I demand the yeas and nays on the passage of passed; and also moved that the motion to reconsider be laid on the the bill. table. The yeas and nays were ordered. The latter motion was agreed to. The question was taken; and there were-yeas 199, nays 42, not voting 51; as follows: SUFFERERS BY MISSISSil'Pl OVERFLOW. YEAS-199. 1\Ir. HISCOCK. Senate resolution No. 49, providing an additional .A.iken, Belford, Brewer, BUITOWS, J OS. H. appropriation for the sufferers by the overflow of the Mississippi, is Aldrich, Beltzhoover, Briggs, Butterworth, now on the Speaker's table. I ask that it be referred to the Com­ Anderson, Browne, Calkins mittee on Appropriations, as to-morrow morning we have a special Atkins, ~fn~t~. Brumm, Camp,' Barr, Blarid, Buchanan, Campbell, meeting on that subject, and I particularly desire action at once, Bayne, Bliss, Buck, Candler, because in my judgment the appropriation provided in the resolution Beach, Blount, Burrows, Julius C. Carpenter, is insufficient for the purpose. • 1878 CONGRESSIONAL RECORD-HOUSE. MARcH 13,

There being no objection, the joint resolution was taken from the to the select Committee on the Payment of Pensions, Bounty, and Speaker's table., read a first and second time, and referred to the Back Pay. Committee on Appropriations. By :Mr. DEUSTER: The petition of citizens of Milwaukee, Wis­ MESSAGE FROM THE PRESIDEl'I'"T. consin, for stringent measures for the suppression of polygamy-to the Committee on the Judiciary. A message in writing from the President of the Uni~d States '_Vas By Mr. DEZENDORF: Papers relating to the claim of Oliver communicated to the House by Mr. PRUDEN, one of his secretaries. Whitsell-to the Committee on .Military Affairs. CHANGE OF REFERENCE OF A BILL. By :Mr. ERRETT: The petition of 56 members of Post 230, Grand On motion of Mr. ROBERTSON, by unanimous consent, the Com­ Army of the Republic, of Pennsylvaniat...in favor of the passage of mittee on Levees and Improvements of the Mississippi River was dis­ the bill to establish a soldiers' home at ~rie, Pennsylvania-to the charged from the further consideration of the bill (H. R. No. 5085) same committee. to authorize the Secretary of War to aid the civil authorities to pro­ By Mr. FLOWER: The petition of John H. Hunter anu 66 other tect the lives and property endangered by the present floods of the soldiers of the late war, in favor of the passage of the Bliss bill grant­ Mississippi River, and the same was referred to the Committee on in~ pensions to soldiers and sailors who were confined in confederate Appropriations. pnsons-to the Committee on Invalid Pensions. ORDER OF BUSINESS. By Mr. GARRISON: The petition of citizens of Accomack, Vir­ ginia, to be reimbursed for damage done by the United States Army · Mr. PAGE. I askunanimousconsentthatwbentheHouseadjourns to a church in said county-to the Committee on War Claims. it adjourn to meet at half past three o'clock p.m. on Tuesday. By Mr. HASELTINE: The petition of Joseph C. McCracken and There was no objection. 24 others, praying for legislation to regulate charges for railway Mr. PAGE. I move that the House do now adjourn. transportation-to the Committee on Commerce. The motion was agreed to; and accordingly (at three o'clock and By Mr. HEPBURN: The petition of 4139 citizens of the eighth Con­ twenty-five minutes p. m. on Tuesday) the Honse adjourned. gressional district of Iowa, asking that all soldiers of the late war who as prisoners of war were confined in Andersonville or other PETITIONS, ETC. rebel prisons be placed on the pension-roll-to the Committee on The following memorials, petitions, and other papers were laid on Invalid Pensions. the Clerk's desk, under the rnle, and referred as follows: By Mr. HOBL~TZELL: The petition of the North German Lloyd By Mr. AIKEN: The resolutions of the Board of Trade of Cincin­ Steamship Company, to have refunded import duties erroneously im­ nati, Ohio, recommending additional appropriations for the improve­ posed and collected-to the Committee on Ways and Means. ment of the harbor of Charleston, South Carolina-to the Committee By Mr. HOLMAN: Papers relating to the pension cln.im of Jane on Commerce. Williams-to the Committee on Invalid Pensions. By Mr. ATKINS: The petitions of George N. Harris and of John C. By Mr. HOUK: The petition of Lewis Kennedy, for a pension-to Potts, for compensation for property taken and used by the United the same committee. States Army during the late rebellion-severally to the Committee · Also, papers relating to the claim of Mrs. Thoma-s Bailey-to the on War Claims. Committee on Claims. By Mr. BARBOUR: Papers relating to the claim of 1\IilleyWhite­ Also, papers relating to the claim of James H. Daniel-to the Com­ to the Committee on Invalid Pensions. mittee on War Claims. By Mr. BEACH: The petition of citizens of Sullivan County, New By Mr. HOUSE: The petition of Daniel A. Birchett, for a pen­ York, for the establishment of a post-route-to the Committee on the sion-to the Committee on Invalid Pensions. Post-Office and Post-Roads. By Mr. HUMPHREY: The resolution adop~ed by the Grand Army By Mr. BERRY: The petition of citizens of California, asking for of the Republic of Wisconsin, relative to equalizing bounties and legislation to regnlate charges for railway transportation-to the amending the pension laws-to the same committee. Committee on Commerce. By Mr. HUTCHINS: The petitions of John Lacey and of John E. By Mr. BLACKBURN: Papers relating to the claim of Caroline E. Horr, jr., and others, for the passage of House bill No. 3386, granting Silence, of Washington, District of Columbi~to the Committee on pensions to oldiers of the late war who were confined in confeder­ War Claims. ate prisons-severally to the same committee. By Mr. BRENTS: Papers relating to the claim of Rev. E. C. Chir­ Also, the petition of Robert Smith and others, for the pas age of ouse, late United States Indian agent in Washington Territory-to the bill to permit the use of vapors of alcoholic spirits in the manu­ the Committee on Appropriations. facture of vinegar-to the Committee on Ways and Means. Also, papers relating to the Indian depredation claims of John Also, the petition of S. D. Gifford ana others, for an appropria­ S. Chisum and of William Hewitt-severally to the Committee on tion to purchase lands adjacent to the spot on which the British spy, Indian Affairs. Andre, was captured-to the Committee on Appropriations. By Mr. J. C. BURROWS: The petition of the tobacco manufact­ By Mr. KELLEY: The petition of the New Ca tle Iron Company, urers of Detroit, Michigan, in opposition to the proposed reduction of New Castle, Delaware, praying for the pa age of the McKinley of tax on tobacco-to the Committee on Ways and Means. bill, fixing the rates of duties on manufactures of iron, steel, &c.­ Also, the concurrent resolution of the Legislature of Michigan, in to the Committee on Ways and Means. favor of the enactment of laws for the snppres ion of polygamy­ By Mr. LACEY: The resolutions of the Michigan State board of to the Committee ou the Judiciary. health, asking for such action of the national Government as shall By Mr. CALDWELL: The petition of Martha Staples, for arrears prevent the introduction of contagions diseases into the United of pension-to the Committee on Pensions. States-to the Select Committee on the Public Health. By Mr. CALKINS: Papers relating to the contested-election case Also, the petition of 1\f. D. Ralph, of Marshall, Michigan in rela­ of Lynch vs. Chalmers, of the sixth district of Mississippi-to the tion to increase of pension to soldiers totally disabled-to the Select Committee on Elections. . · Committee on the Payment of Pensions, Bounty, and Back Pay. By Mr. CAMP : The petition of l\L C. McMullin and others, citizens By 1\Ir. LEEDOM: The petition of Robert Patterson, for relief as of New York, relative to the duty imposed on manufactured glass­ postmaster at Adelphi, Ross County, Ohio-to the Committee on to the Committee on Wi:Lys and Means. Claims. By 1\lr. CA.l\TNON: The petition and affidavit of Alexander Jolly, Also, papers relating to the claim of Harvey E. Foster-to the for compensation for subsistence furnished the Seventh Ohio Volun­ Committee on Military Affairs. teer Ca.valry-to the Committee on Claims. By Mr. LORD: The remonstrance of sundry manufacturers of to­ By Mr. CARLISLE: The resolut.ions of the Carberry Branch of bacco in Michigan, against a reduction of the tax on tobacco-to the t.he Irish National Land League, of Covington, Kentucky, asking Committee on \Vays and Means. · the President and Congress to demand a jury trial or an immediate By Mr. 1\fAGINNIS: The petition of Major R. S. Norris and the release of American citizens impri oned in Ireland-to the Committee officers of the United States Army at Fort Assinaboine; of Major Gor­ on Foreign Affairs. don and others, officers at Fort Ellis ; of Major Jordan a~d others, Also, papers relating to the claim of citizens of Pendleton County, officers of the Third Infantry; of Colonel Hatch and others, officers Kentucky, wbo were drafted into the military service of the United stationed at Fort Austin; and of Colonel Whistler and: others, offi­ States-to the Committee on War Claims. cers at Fort Keogh, in relation to the restoration of officers who may By Mr. CARPENTER: The petition of253 citizens of Ida County, have been dismissed from the Army of the United States-severally to Iowa, asking that the same rights and privileges be ~ranted to en­ the Committee on Military Affairs. courage the building of bridges across the Missoun River above By Mr. McCOID: The petition of William A. Cook and 518 others, Omaha as below that city-to the Committee on Commerce. soldiers of the late war1 now residing in the first Congressional dis­ By Mr. COVINGTON: The petition of citizens of Talbot County, trict of Iowa, praying tor the passage of the Bliss bill granting pen­ Maryland, in favor of making Oxford, in that State, a port of entry­ sions to soldiers and sailors who were confined in confedera:e pris­ to the same committee. ons-to the Select Committee on the Payment of Pensions, Bounty, By Mr. DAWES: The petition of Stephen Newton and others, citi­ and Back Pay. zens of Marietta, Ohio, for legislation to authorize the issue of frac­ By Mr. MOORE : The petition of William Johnson and of Virginia tional currency-to the Committee on Banking and Currency. 1\f. Peticolas and others, for compensation for property taken· and By Mr. DEERING: The petition of 367 citizens of Grundy, Hardin, used by the United States Army during the late rebellion-severally Floyd, Butler, and Blackhawk Counties, in the State of Iowa, for to the CoiD..Jhittee on War Claims. the passage of the Bliss bill granting pensions to soldiers and sailors By Mr. MORSE: The petition of William M. Jenks, for relief-to of the late war who were confined in confederate prisons-severally the same committee. • 1882. CON.GRESSIONAL RECORD-SENATE. 1879

Also, the petitions of Peter C. Brooks and others, of W. Eliot Fette SENATE. and others, and of William l':osdick and others, praying for the pas­ sage of the French spoliation claims bill-severally to the Committee TUESDAY, March 14, 1882. on Foreign Affairs. By Mr. O'NEILL: PapersrelatingtotheclaimofJames W. Schaum­ Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. berO'-to the Committee on Appropriations. The Journal of yesterday's proceedings was read and approved. :Afso1 memorial of Mrs. Emma Carter, asking for the pay her hus­ band, late of the Navy, was entitled to-to the Committee on Naval HOUSE BILL REFERRED. Affairs. The bill (H. R. No. 4440) to establish a railway bridge across the By Mr. ORTH: The petition of E. B. Woodson and many others, Mississippi River extending from a point between Wabasha and of Tippecanoe County, Indiana, for the passage of the Edmunds bill Rea-d's Landing in Minnesota to a point below the mouth of the Chip­ relative to polygamy-to the Committee on the Judiciary. pewa River in Wisconsin was read twice by its title, and referred Also, the petition of Captain Peter J. Welschbilleg, for a pension- to the Committee on Commerce. to the Committee on Invalid Pensions. · By Mr. PETTffiONE: Papers relating to the pension claim of B. EXECUTIVE CO!IIMUNICATIO~. M. Short and of William Stitz-severally to the same committee. The PRESIDENT pro tempore laid before the Senate the following Also, papers relating to claim of Joseph R. Gibson for a bounty-to message from the President of the United States; which was referred the Committee on War Claims. to the Select Committee to investigate arid report the beat means of Also, papers relating to the claim of Madison Trent-to the same preventing the introduction and spread of Epidemic Diseases, and committee. ordered to be printed: Also, ·papers relating to the claim of James O'Brien-to the Com­ To the Senate and HCYU8e of Representativu: mittee .on Claims. I transmit herewith a communication from the president of the National Board By 1\fr. T. M. RICE: A bill to establish a post-route-to the Com­ of Health, calling attention to the necessity for additional legislation to prevent mittee on the Post-Office and Post-Roads. the introduction of contagious and infectious diseases into the United States from By Mr. RICH: The resolutions of the Michigan State board of foreign countries. Tlie subject is commended t.o the careful consideration of Congres . health, asking that measuTes be taken to prevent the introduction of CHESTER A. ARTHUR. contagious diseases from foreign countries-to the Select Committee EXECUTIVE MA.....-siON, March 13, 1882. ' ' on the Public Health. Also, memorial of shipping men of Port Huron and vicinity, in PETITIO~S U""D MEMORIALS. opposition to the adoption of the Aldrich shipping bill to regulate The PRESIDENT pm te'mpore presented a joi11t resolution of the lake and marine shipping-to the Committee on Commerce. Legislature of Wisconsin in favor of the pa age of a bill to establish By Mr. RYAN: The petition of citizens of Harvey County, Kansas, a court of appeals; which was ordered to lie on the table. soldiers of the late war, for the passage of a bill for the equalization He also pre ented a memorial of the Legislature of Wiscon in, in of bounties-to the Committee on Military Affairs. favor of the improvement of the Mississippi River and its tributa­ By Mr. SHULTZ : Twenty-two petitions of citizens of the State ries; which, on motion of lli. GARLA..~, wa referred to the Commit­ of Ohio, for legislation for the suppression of polygamy-severally to tee on the Improvement of the Mississippi River and Tributa1·ies. the Committee on the Judiciary. lli. SAWYER presented a joint resolution of the Le~slature of By Mr. STOCKSLAGER: A petition to establish a post-route in Wisconsin, in favor of the improvement of the l\Iississipp1 River and Clark County, Indiana-to the Committee on the Post-Office and Post­ its navigable tributaries and connections with the great lakes; which Roads. waa referred to the Committee on the Improvement of the Mississppi Also, the petition of John T. Hamilton and others, citizens of Clark River and Tributaries. County, Inruana, on the subject of interstate commerce-to the Com­ He also presented a joint resolution of the Legislature of the State mittee on Commerce. of Wisconsin, in favor of an appropriation for a harbor of refuge on By Mr. TOWNSHEND, of Illinois: Papers relating to the claim of the eastern shore of Lake Pepin, near the village of Stockholm ; which Francis B. Thompson, late surgeon Fifty-sixth Regiment Illinois was referred to the Committee on Commerce. Volunteer -to the Committee on Military Affairs. :Mr. MILLER, ofNew York, presented a petition of3,726 citizens Dy 1\fr. J. T. UPDEGRAFF: 'I'hepetitionofWilliamSimpsonand of New York, praying for a reform in the method of appointment to 14 others, citizens of Bridgeport, Ohio, who are glass-blower , against subordinate executive offices; which was referred to the Committee the fraudulent importation of demijohns and bottles filled with vin­ on Civil Service and Retrenchment. · egar and other liquids-to the Committee on ·ways and Means. Mr. ANTHONY. I pre ent the petition of A. B. Chadsey and num­ By 1\fr. VAN HORN: Five petitions relative to the improvement erous other citizens of Rhode Island prayin~ for an appropriation of Lake Borgue outlet-severally to the Committee on Commerce. for the improvement of the navigation of Bissell's Cove in N arra­ By Mr. 'VALKER : The resolutions of the Charles Stewart Parnell gansett Bay. The petitioners represent that within the memory of Land League of Williamsport, Pennsylvania, with the indorsement persons now living vessels of considerable tonnage were built there, ofFather Mathew Total Abstinence Benevolent Society and the Saint and there wa considerable navigation, but owing to the influence Patrick's Beneficial Society, relative to the arrest and imprisonment of the tides and other causes the water has become so shoal that of American citizens by the British Government-to the Committee navigation is entirely obstructed. This cove receives the waters on Foreign Affairs. of the Annaquatucket River, a considerable manufacturing stream, By Mr. WARD: The petition of the Maimed Soldiers' Association, on which there are establishments that give employment to 2,000 in favor of increase of pension for soldiers who lost a leg or an arm people, with a monthly pay-roll of 25,000 and produce goods to the while in line of duty, as provided inHouse bill No. 1410-to the Com­ value of $1,500,000 annually. mittee on Invalid Pensions. I had occasion some time ago, in presenting a memorial for the AI o, the petitions of workingmen and manufacturers of Hamburgh improvement of a small harbor in Narragansett Bay, to say what I and Pittsville, of citizens of Norristown, of citizens ofHamburgh and now repeat, that I think while we are making such lavish appro­ Minersville, and of citizens of Davington and Thorndale, in the State priation for the large harbors and water-ways of the country we of P ennsylvania, in favor of the passageofthe McKinley bill, fixing ought not to entirely overlook smaller ones which are frequent.ed the rates of duty on manufactures of iron and steel-severally to the mai:Dly by fishermen and small coasters that require shelter and Committee on Ways and Means. facilities which they are unable to secure otherwise than by the aid By 1\fr. WHEELER: Papers relating to the claim of Samnel C. of Congress. Pointer-to the Committee on War Claims. I move that the petition be referred to the Committee on Com­ By Mr. THOMAS WILLIAMS: The petition of Thomas J. Ed­ merce. wards and others, workingmen in various industries in Bibb County, The motion was agreed to. Alabama, for the passage ofthe McKinley bill fixing the rates of duty :Mr JONAS presented a memorial of the New Orleans Cotton Ex­ on manufactures of iron, steel, &c.-to the Committee on Invalid change, the Chamber of Commerce, the Mechanics' and Traders' and P ensions. Lumbermen's Exchange, Sugar Planters' As ociation, and the Pro­ By Mr. C. G. WILLI.Al\IS: The resolutions adopted by the citizens duce Exchange, of New Orleans, in favor of the abrogation of the of "\Vaukesha, Wisconsin, and vicinity, for legislation for the sup­ reciprocity treaty with the Hawaiian Islands; which was referred to pre ion of polygamy-to the Committee on the Judiciary. the Committee on Foreign Relations. lly Mr. WILSON: Eight petitions of citizens of West Virginia, in He also presented a memorial of the. Chamber of Commerce, the favor of the passa~~ of the McKinley bill fixing the rate of duty Cotton Exchange, U1e Prl1dnce Exchange, the Mechanic ' and Trad­ on manufactures of rron, steel, &c.-severally to the Committee on ers' and Lumbermen's Exchange, of New Orleans, in favor of the Ways and Means. establishment and encouragement of postal ancl commercial rela tions Also, the petition of James C. Harris, for a pension-to the Com- with Mexico and South and Central America; which was referred to mittee on Invalid Pensions. • the Committee on Foreign Relations. By Mr. YOUNG: Memorial of the Board of Trade and Transporta­ Mr. COKE presented a petition of citizens of Texas, praying for tion of Cincinnati, Ohio, relative to the improvement of the harbor legislation regulating charges for railroad transportation; which at Charleston, South Carolina-to the Committee on Commerce. was referred to the Committee on Commerce. 1\fr. CAMERON, of Wisconsin. I present a joint resolution of the The petition of W. W. Welsh wa-s reported from the Committee on Legislature of the State of Wisconsin,~ favor of the passage of a War Claims under clause 2 of Rule XXII, and referred to the Com­ judicial bill recently introduced in the Senate. I ask that the res­ mittee on Claims. olution be rea-d.