··1875. CONGRESSIONAL RECORD. 865
The House divided; and the tellers reported-ayes_53, noes 92. By Mr. WHITEHEAD: The petition of citizens of Bedford County, So the House refused to adjourn. _ Virginia., for the establishment of certain post-routes, to the Commit· The Clerk then (at four o'clock and thirty minutes p.m.) resumed tee on the Post-Office and Post-Roads. the readin(J' of the Journal, but before concluding- By Mr. WHITTHORNE: The petition of Bradshaw Gra.nge, Patrons Mr. BUTLER, of Massachusetts. I ask that the reading of the of H nsbandry, Tennessee, for repeal of the tobacco tax, to the Com Journal be .suspended that I may move that the House do now ad- mittee on Ways and~ Means. jo~rn. • By Mr. WILLIAMS, of Massa-ehnsetts: The petition of H. 0. The motion was agreed to; and accordingly (at four o'clock and Houghton and others, of Cambridge, Massachusetts, for the restora forty minutes p.m.) the House adjourne~ until Monday next. tion of the 10 per cent. reduction of duties made in 1872, to the same committee. · . . •
PETITIONS, ETC. • The following memorials, petitions; and other papers were presented IN SENATE. at the Clerk's desk under the rules, and referred as stated: By Mr. ALBERT: The petition of Julia M. Colburn, a-dministra MoNDAY, February 1, _1875. trix, and Sophia E. Stimpson, for extension of a patent, to the Com The .VICE-PRESIDENT resumed the chair. mittee on Patents. Also, the petition of citizens of Elk Ridge, Howard County, Mary Prayer by the Chaplain, Rev. BYRON SUNDERLA...."''D, D. D. land, for the restoration of the 10 per cent. reduction of duties made The Journal of the proceedings of Friday last was read and ap- proved. • -...... in 1872 and a~ainst a duty on tea and coffee and revival of internal_ taxes, to the committee on Ways and Means. CREDENTIALS. By Mr. BLAND : The petition of citizens of Phelps County, Mis- The VICE-PRESIDENT presented the credentials of Hon. HENRY souri, of similar import, 'to the same committee. . L. DA. WES, chosen by the Legislature of Massachusetts a Senator By Mr. BROMBERG: The petition of citizens of Clarke and Ma from that State for the term beginning March 4, 1875; which were rengo Counties, Alab~ma, fo~ a post-route from Grove Hill to Nana read and ordered to be filed. falia, Alabama, to the CoiD.IDlttee on the Post-Office and Post-Roads. By Mr. BUNDY: The petition of employes of Grafton Iron Com EXECUTIVE COMMUNICATIONS. pany, Ohio, for the restoration of the 10 per cent. reduction of duties The VICE-PRESIDENT laid before the Senate a report ·of the made in 1872 and against a duty on tea and coffee and revival of in Secretary of the Interior, communicatin~, in answer to a resolution ternal taxes, to the Committee on Ways and Means. of the Senate of March 19, 1874, informatiOn in relation to the num By Mr. CESSNA: The petition of Walter D. Plowden, for compen ber of Indians captured or killed by United States troops during the sation for services to the Union Army as spy, &c., to the Committee year 1873; which was ordered to lie on the table and be printed. on Military Afihirs. He also laid before the Senate the annual report of the Comtuis By Mr. CLYMER: The petition of citizens of Reading, Pennsylva sioner of Patents for the year ending December 31, 1874; which were nia, for the restoration of the 10 per cent. reduction of duties ma-de referred to the Committee on Printing. · . in 1872 and against a duty on tea and coffee and revival of internal WRITS' OF ERROR IN CRIMniAL CASES. taxes, to the Committee on Ways and Means. By Mr. COMINGO: Resolutions of the General Assembly of the The VICE-PRESIDENT also laid before the Senate the amendment State of Missouri, concerning recent occurrences in the State of Louisi of the House of Representatives to the bill (S. No. 935) to provide for ana,, to the Committee on the Judiciary. writs of error in certain criminal causes ; which wa-s read. By Mr. COX: The petition of John T. Beale for a pension, to the The VICE-PRESIDENT. The Chair woukl suggest that the bill Committee on Invalid Pensions. lie on the table, as no member of the J ndiciary Committee is present. By Mr. HALE of New York: Petitions of citizens of Clinton and M.r. DAVIS. I move that it be referred to the Committee on the Essex Counties, New York, for the restoration of the 10 per cent. re Judiciary. . duction of duties made in 1872 and against a duty on tea and coffee Mr. ANTHONY. I wa-s under the impression that the chairman of and revival of internal taxes, to the Committee on Ways and Means. the Committee on the Judiciary desired to have the bill a-eted upon By Mr. HARMER: The petition of citizens of the fifth congres when he was present. sional district of Pennsylvania, of similar import, to the same com- The VICE-PRESIDENT. The motion is to refer the amendment mittee. · ·of the House of Representatives to the committee. By Mr. HARRIS, of Virginia: The petition of citizens of Page Mr. DAVIS. It can be 1·eported back at any time. County, Virginia, of similar import, to the same committee. Mr. ANTHONY.- My impression was that he wanted to let it lie Also, the petition, of Shenandoah County, Virginia, of simila-r im on the table, and that was the reason it had not been presented before. port, to the same committee. Perhaps it had better lie on the table until the chairman comes in. By Mr.MAGEE: The petition of citizens of Newport, Perry County, Mr. DAVIS. I have no objection. Pennsylvania, of similar import, to the same cqmmittee. The VICE-PRESIDENT. The bill will lie on the table for the By Mr. NIBLACK: The petition of Thomas H . Kyle and more than present. 100 others, that a pension be granted Drury C. Clark, late private PETITIONS AND MEMORIALS. Company F, First Indiana Heavy Artillery, to the Committee on In Mr. FERRY, of Michigan, presented a memorial of Dr. J. M. Mor valid Pensions. ris and other citizens of Detroit, Michigan, asking for the prohibition Also, four memorials of citizens of Indiana, a-sking appropriations of the manufacture, importation, aml sale of alcoholic beverages in for the improvement of the Ohio River, to the Committee on Com- the District of Columbia, and in the Territories of the United States; merce. · which was referred to the Committee on Finance. By Mr. SMITH, of Pennsylvania: The remonstrance of importers, Mr. SAULSBURY presented the petition of L. J. Draper, late assist merchants, and dealers in coffee in the city of Baltimore against the ant surgeon United States Navy, praying to be restored to his former proposed imposition of duty on coffee, to the Committee on Ways and rank and position in the Navy, from which he was dismissed by th-e Means. Secretary of the Navy in 1865; which was referred to the Committee Also, the petition of citizens of Marietta, Pennsylvania, for the on Naval Affairs. . restoration of the 10 per cent. reduction of duties made in 1872, to the Mr. DAVIS presented a memorial of certain merchants and busi same committee. ness men of BaltiiQ.ore, Maryland, praying that no duty be levied on By Mr. ALEXANDER H. STEPHENS: Memorial of James A. Adger coffee; which was referred to the Committee on Finance. & Co. and many others, of Charleston, South Carolina, in favor of J\-fr. SCOTT presented a petition of members of the Weccacoe Legion, the incorporation of the Eastern and Western Transportation Com- composed of soldiers and sailors who served in the war of the rebel pany, to the Committee on Railways and Canals. • lion, and others, praying Congress to equalize the bounties of soldiers, By Mr. CHARLES A. STEVENS: Petition of the Methodist Epis seamen, and marines ; which was referred to the Committee on Mili copal church, Miller's Falls, Mass11.-ehusetts, for a commission o'f in tary Aflairs. quiry concerning the alcoholic liquor traffic, to the Committee on the He also presented memorials of citizens of Blair County, Pennsyl Judiciary. · vania, of McKeesport, Pennsylvania, otPittsburgh,Pennsylvania, of Also, the petition of citizens of Gill, Massa-ehusetts, of similar im Huntingdon County, Pennsylvania, ancf of Johnstown, Pennsylvania, port, to the same committee. remonstrating against the restoration of the duty on tea nnd coffee, By Mr. STONE: Resolutions of the General Assembly of the St.ate and praying for the repeal of the law which reduced the duties on of Missouri, asking an appropriation to improve the Gasconade River, certain foreign goods 10 per cent.; which were 1·eferred to the Com- to the Committee on Commerce. mittee on Finance. · Also, resolutions of the General Assembly of Missouri, concerning Mr. DORSEY presented a petition of citizens of Western Arkansas the rer.ent occurrences in Louisiana, to the select committee on that living adjacent to the Indian Territory, asking the establishment of portion of the President's message relating to the condition of the a territorial government in that Territory; which was referred to the South. Committee on Territories. · By Mr. WALDRON: The petition of Andrew Westcott and others, Mr. SHERMAN presented the petition of James L. Sherman, first supervisors of Hillsdale County, Michigan, for correction of military lieutenant First Artillery, United States Army, praying to be reim reoord of William Butcher, to the Committee on Military Affairs. bursed in the sum of $1,429.04 on account of a deficiency in his com- III--55 .866 CONGRESSIONAL RECORD.· FEBRUARY: 1,'
missary st.ores while acting as commissary of subsistence, occasioned Mr. BOUTWELL nlso pre:ented a memorial of the :Methf' a.~ the amendment to Senate bill eral interference ill the afti~ir!l of Louisiana. No. 963 " for the better gowrnment of the District of Columbia" introduct\tlln the Wherea.
/ 1875. CONGRESSIONAL RECORD. 867
The resolutions were ordered to lie on the table and be printed. (H. R. No. 3190) granting a pension to Harriet Leonard, reported Mr. MORTON. I present a memorialsigneu by Annie Wittenmyer, adversely thereon; and the bill was postponed indefinitely. president of the 'Voman's National Christain Temperance Unio_n, ~nd He also, from the same committee, to whom was referred the bill l•'rances E. Willard, corresponding secretary of the same assomatwn, (S. No. 851) granting pensions to certain sold~ers and sailors of the and uy about 100,000 other persons. I will not ask to have all the names war with l\iexico, antl the widows of deceased soldiers, reported 1·ead, out I will ask the Secretary to read the memorial, as it is sho1·t. adversely thereon ; and the bill was postponed indefinitely. The Chief Clerk read as follows: He also, from the same committee, to whom was referred the peti 2b t1w honorable mem.berB of th~ Senate and House of Repruentatives of the United tion of William H. Oliver, praying to be allowed a peUBion, asked to StateB of Am.erica, in Oongr~s assembled: ue dischargeu from its further consideration; which was agreed to. , W e, the nndersignod, members of the Woman's National Christian Te~perance He also, from the same committee, to whom was referred the peti Union, and other s, in view of the imbecility, insanity, pauperism, suifermg, and tion of Paul Frank, late colonel of the Fifty-second New York Vol crime resultin~ from the nse of alcoholic drinks, pray your honorable body for such unteers, praying to be allowed back pay and arrears of pension, r estrictive legislation as shall limit the importation, manufacture, and use of alco hol to the arts and to mechanical, chemical, and medical purposes in the District asked to be discharged from its further consideration; which wa-s of Uolumbia and the Ten·itories. And W6 will continue to pray. agreed to. · . ANNIE WITTENMYER, He also, from the same committee, to whom was referred the peti and others. tion of Mrs. Ann Atkirumn, praying to be allowed a pension ·on ac Mr. MORTON. I move that the memorial be referred to the Com count of services rendered by her husband, Henry Toler, as a soldier mittee on Finance. in the war of 1812, asked to be discharged from its further considera The motion was agreed to. tion; which was agreed to. PENSIONS TO MEXICAN WAR SURVIVORS. He also, from the same committee, to whoni was referred a resolu tion of the Le~islature of North Carolina, in favor of grantin~ pen Mr. PRATT. I present a joint resolution of the General Assembly sions to snrvivmg Mexican war veterans, asked to be discharged from of the State of Indiana, on the subject of granting pensions to the sur its further consiiieration; which was agreed to. viving soldiers of the Mexican war. I ask that it be read, printed, He also, from the same committ~, to whom was referred the peti ant! referred to the Committee on Pensions. tion of Benjamin Fellows, of Hanover, New Hampshire, a soldier in_ The Chief Clerk read aa follows: the war of 1812, praying to be allowed a pension, asked to be dis [Enrolled joint resolution No. l.J charged from its further consideration; which was agreed to. SR.l'iATE OF L'IDIANA. He also, from the same committee, to whom waa referred the peti Be it resolved by tM General AssemlJlyof th~ State of Indiana, That our Senators in tion of Mrs. Rachel E. Turner, willow of James H. Turner, deceased, Congress be instructed, and our Representati \'68 in Congress requested, to nse all their intluence to t1ecure the passage of a law granting, without favor or dism-imi late adjutant of t.he Thlrty-fonl'th Kentucky Volunteer Infantry, nation, to those who aerve
He also, from the Committee on Indian Affairs, reported a substi Mr. BOGY. I am informed by the Senator from Alabama that he tut-e for the bill (S. No. 729) to enable Indians in certain cases to enter misunderstood the case. In his name I request that the Senator with public lands of the United States under the homestead law, and for draw that report. other purposes; which was ordered to be printed. Mr. SCOTT. The Senator from Mi ouri is perhaps mistaken as Mr. PRATT, from the Committee on Claims, to whom was referred to the case. The Senator from Alabama ha4 another case in his charge the bill (S. No. 1125) for the relief of the Terre Haute-and Indianapolis in which he requested me to withold the report. That report I have Railroad Company, successor of the Terre Haute and Richmond R8.il withheld. road Company, in the State of Indiana, reported it with an amend Mr. BOGY. If this is the case of Armstrong, it is the case I allude ment and submitted a ·report thereon; which was ordered to be to. The Senator from Alabama desires the report to be withheld. printe(l. . Mr. SCOTT. Let the bill go on the Calendar. .Mr. WRIGHT, from the Committee on Claims, to whom was re Mr. BOGY. But not with an adverse report. ferred the petition of Claude H. Masten, sur'living partner of the firm The VICE-PRESIDENT. The bill will be placed on the Calendar. of Le Vert & Masten, praying payment for the use of a private hos Mr. BOGY. The Senator from Alabama told me this morning that pital occupied by officers of the United States Army iu 1865, submitted he had misunderstood the subject. I am familiar with the case. a report, accompanied by a bill (S. No. 1216) for the relief of Octavia Mr. SCOTT. I request that it go on the Calendar, and the Senator Le Vert and her children. from Alabama can make his statement. The bill was read and passed to a second reacting, and the report The VICE-PRESIDENT. The bill will be placed on the Calendar. was ordered to be printed. Mr. BOGY. I would say thjs: If it ~oes on the Calendar with the Mr. DORSEY, fi·om the Committee on the District of Columbia, to a-d verse report it would defeat the cla1m ; and I am informed by the whom wa.s referred the bill (8. No. 1101) to amend the act entitled Senator from Alabama that he misunderstood the subject, anu the "An act to incorporate the National Union Insurance Company of vote which he gave in committee against the bill should be changed Washington," approved February 14, 1865,reported it without amend to the other side, and that will make a majority report in favor of ment. the claim. He also, from the same committee, to whom was referred the bill Mr. SCOTT. If the Senator from Missouri will permit me, it is my (H. R. No. 4444) to omend an act entitled" An actforthegovernment mistake which misled him. I now remember that I confounded the · of the District of Columbia, and for other purposes," approved June case about which the Senator from Alabama spoke to me and this 20, 1874, reported it without amendment and submitted a report case. This case was reported by the Senator from Maryland, [1\I.r. thereon ; which was ordered to be printed. DE~-m:s,) and it is to him I should have referred. He i not now in .Mr. MITCHELL, fi·om the Committee on Claims, to whom was re his seat; and th~t he may have the opportunity of saying whether ferred the bill (H. R. No. 3180) for the relie of N.H. Dunphe, of Mas he wishes it to go upon the Calendar, I will put it upon the Calen sachusetts, 1·eported it without amendment. dar for the present. The other case, in which the Senator from Ala Mr. HITCHCOCK, from the Committee on the District of Columbia, bama is interest,ed, is withheld. to whom was referred the bill (H. R. No. 4447) to amend the act en 1\Ir. BOGY. Then the Armstrong case is also withheld. titled "An act to incorporate the Masonic Mutual Relief Assuciation Mr. SCOTT. No, sir; that bill goes on the Calenuar. of the District of Columbia," approved March 3, 1869, reported it :Mr. BOGY. As advm"Sely reported T without. amendment. Mr. SCOTT. Yes, sir; adversely reported. That is the action of He also, from the same committee, to whom wa.s referred the bill the committee. I cannot reverse it. (S. No. 1170) to aid in the construction of the Southern Maryland Mr. BOGY. That is the very case that I am authorized to speak Railroad, and for other purposes, reported adversely thereon, and of by the Senator from Alabama, an(l in which he said that be would recommended its indefinite postponement. join the majority in favor of reporting the claim favorably. There 1\Ir. SARGENT. I ask that that bill go on the Calendar. fore I request that the report be withheld until he is in his seat. • The VICE-PRESIDENT. The bill will be placed upon the Cal Mr. SCOTT. There is evidently a misapprehension. Let the case endar with the adverse report of the committee. go upon the Calendar; and if when the Senator from Alabama comes Mr. SCOTT. The Committee on Railroads, tD whom was referred in he has that request to make, I will consider it and make such mo a large number of pet.itions from citizens of .K'ansas aml Nebraska, tion as will be agreeable to him. praying for the passage of House bill No. 3281, to amend an act· Mr. BOGY. Very well. granting aid in the construction of a railroad and telegraph line from Mr. GOLDTHWAITE subsequently said: The Senator from Penn the :Missouri River to the Pacific Ocean, and to secure to the Govern sylvania made an adverse report this morning on a case that was ment the use of the same for postal, military, and other purposes, passed on by a bare majority of the Committee on Claims. My object have instructed me to report these petitions back, and move that in risin~nowis to a.sk that the claim be recommitted totheCommit they may lie on the table with the hill which was reported at the tee on claims. la.st session. They were inadvertently referred at this session. 1\I.r. SCOTT. There was a misapprehension between myself and the The VICE-PRESIDENT. That order will be made, if there be no Senator from ltfil sonri about that hill a short time ago : and as the objection. Senator from Alabama, who is a member of the committee, desires it 1\Ir. SCOTT. I ami nstructed by the Committee on Claims; to whom to be recommitted, I join in that request. It is the bin (H. R. No. was referred the bill (S. No. 4Y5) for the relief of Ann L. Bland, to 2700) amendatory of the a.ct entitled ''An act for the relief of the submit an adverse report thereon, with a recommendation that the heirs and next of kin of James B. Armstrong, deceased," approved bill be indefinitely IWStponed. I make this report by instruction of March 3, 187!t the committee, and the Senator from North Carolina not now in his The VICE-PRESIDENT. It is moved that the uil1 be recommitted seat [Mr. MEP..RDWN] may perhaps desire the bill to go on the Calen to the Committee on Claims. dar. It may go there for the present with the adver e report. The motion wa-s agreed to. The VICE-PRESIDENT. The bill will be placed upon the Calen REPORT OF COMMISSIONER ON lt'ISH A..~D FISHERIES. dar with the adverse report of the committee, and the report will be printed. Mr. ANTHONY. The Committee on Printing, to whom was re Mr. SCOTT. The Committee on Claims, to whom was referred the ferred a resolution to print five thousand copies of the report of the petition of Eliza E. Hebert, a citizen of Louisiana, praying for com Commissioner on Fish and Fisheries for the. years 1872 and 1873, have pensat.ion for property destroyed by the Union Army in 1 63, have instructed me to report it back without amendment, to recommend had the same under consider tion, and instruct me to a.sk that the its passage, and ask for its present consideration. committee be discharged fi·om the further co~sideration of the peti There being no objection, the Senat-e proceeded to consider the fol tion. There is a written report with this petition, which I ask may lowing concurrent resolution of the House of Representatives: be printed, and in making it I am authorized by the committee t-o call Resolved by the Himse of Representatives, (the Senate concurring;) That there be printed five thousand additional copies of the report of the Commissioner on Fish the attention of the Senate to the question that is involved in it, as it and Fisheries for the years 1872 and 1873; one thousand copies thereof to be for the is one of considerable interest to a very large :pumber of claimants. use of the Senate, three thousand for the use of the House of Representatives, and The claim in this cas~ was for quartermaster and commissary stores one thousand for the use of the Commissioner. . which: under the statute, could have been presented within the time Mr. SHERMAN. I have no objection to the printing of these re fixed by law before the southern commissioners of claims. It was not ports, but I hope they will all be distributed by the Commissioner so presented; and as a bill is now pending which invc~-ves the question and not by Congress. whether Congress will extend the tiJUe within which these claims Mr. ANTHONY. The cost of this printing will be less tha.n $500. ma.y be presented, the committee have determined that until the policy We have peen very chary in makin(J' reports in favor of printing of Congress is settled on that question they will not entertain claims extra copies of documents; but I thlclr the investigation of Professor of that character before the committee. I move that this report be Baird upon the habits, nature, and propagation of fish have been of printed. . very great advantage. The motion was agreed to. · 1\Ir. SHERMAN. I have not the slightest objection to printiug .Mr. SCOTT. I am also instructed by the Committee on Claims, to these copies, and not the slightest objection .to Professor Baird dis whom was referred the bill (H. R. No. 2700) amendatory of the act tributing all of them. He ought to have the distribution of them, as entitled'' An act for the relief of the heirs and next of kin of James he knows persons interested in the matter; but the practice of order B. Armstrong, deceased/' approved March 3, 1873, to report the same ing documents for Con!!l'ess to distribute, without any meaus given back adversely. This report I make as the organ of the committee. us to distribute them, f thought had been broken up at the last ses- It may be that the Senator from Alabama not now in his seat [Mr. sion. . GOLDTHWAITE) may wish to have the bill go on the Calendar. I am Mr. ANTHONY. This will give us about fifteen copies apiece. I not certain whether he does or not.. · think the postage is only two or three cents a copy. ,-
1875. CONGRESSIONAL RECORD.
Mr. SHERMAN. Professor Baird is a much better man to distrib He also asked, and by unanimous consent obtained, leave to intro ute them. I think the resolution should be amended so n.s to give duce a bill (S. No. 1219) to prohibit the manufacture, importation, him the whole distribution. I will not personally vote for distribut and sale of alcoholic liquors as a beverage iu the District of Colum- · ing any public documents whatever by members of Congress until bia, and a bill (S. No. 1220) to prohibit the manufacture, importation, some provision is made by law by which it can be done. and sale of alcoholic liquors as a bevera.ge in the several Tenitories Mr. DAVIS. I hope the resolution will not be amended. This is of the United States; which were severally read twice l>y their t itles. a document that a great many of our people want. I have half a Mr. WRIGHT. Both these bill::~ I introduce at the request of dozen applications now. friends having the matter at heart. I move that they be referred to The VICE-PRESIDENT. Does the Senator from Ohio move an the Committee on Finance and be printed. amendment to the resolution Y The motion was agreed to. Mr. SHERMAN. I move that the whole number be distributed by Mr. FERRY, of .Michigan, asked, and by unanimous consentobtainecl, the Commissioner. One thousand it seems are to be distributed by leave to introduce a bill (S. No. 1221) to divicle the State of Michigan him. I appeal to the Senate whether it is worth while for us to pro into three judicjal districts and to establish the northern district of vide for the distribution of public documents under the present con Michigan; which was read twice by title, referred to the Committee dition of affairs. They may be distributed by the Commissioner when on the Judiciary, and o1·dered to be printed. a proper appr.opriation is made for that purpose. There is no object Mr. HITCHCOCK asked, and by unanimous consent obtained, in providing for the publication of documents to be distribut.ed by leave to introduce a bill (S. No: 12~) to authorize the trustees· of us. the Young l\fen's Benevolent Association of Washington to sell and • The VICE-PRESIDENT. The amendment will be read. convey square numbered272 in the city of Washington; which was The CHIEF CLERK. It is proposed to amend the resolution so as to read twice by its title, referred to the Committee on the District of make it read: Columbia, ancl ordered to be printed. Resolved by the House of Representatives, (the Senate concurring,) That there be Mr. MITCHELL asked, and by unanimous consent obtained, leave printed five thousand additional copies of the report of the Commissioner on Fish to .introduce a bill (S. No. 1223) to establish a post-road in the State and Fisheries for the years 1872 and 1873, for the use of the Commissioner. of Oregon; which was reacl t'vice by its title, refened to the Com Mr. ANTHONY. I am entirely indifferent in this matter. If the mittee on Post-Offices and Post-Roads, and ordered to be printed. copies are all printed for the use of the Commissioner, the Commis WILLIAM P. ADAIR AND C. N. VANN. sioner would undoubtedJy give every Senator as many as he would Mr. BOGY. I offer the following resolution, and ask for its present receive under the original resolution; but the postage on the docu con ideration: ment is so small that I do not think it will be more than two or three Re~~olved, That the Secretary of tbe Interior be requested to furnish the Senate cents, and the small number that would come to us would make the with full inf.ormation as to the nature of tho services rendered by William P. Adair postage less ·than the trouble of sending to the Commissioner for and U.N. Vann, for which the sum of $50,000 was paid to them ont of the money them. belonging to the Osage Indians, and the authority by which said payment was 1\Ir. SHERMAN. As to this particular document, it is a matter of made .. minor importance; but the principle ought to be preserved. If a Sen Mr. SARGENT. LetJthat resolution lie over. ator wants auy for his constituents he can get them from Professor The VICE-PRESIDENT. The resolution willl_ie over. B:Urd. Professor Baird is devoting his life and time to this subject, PRESIDENTIAL APPROVAL. and he is a good deal better man to distribute these documents than we are. A message from the President of the United States, by Mr. 0. E. Mr. FERRY, of Michigan. The State which I have the honor in BABCOCK, his Secretary, announced that the President had, on the part to represent is largely interested in this.question. If it is un 30th of January, approved and signed the following acts: derstood that the Commissioner is to hand over these reports to the An act (S. No. 170) for the relief of certain officers of the Navywho Senators and allow them to distribute them, I have no objection to were dropped, furloughed, or retired under the act of February 28, the amendment propo ed by the Senator from Ohio. It seems to me 1855; and it is just getting armmd to what is proposed by the chairman of the An act (S. No. 44 ) for the relief of John T. Smith. committee. Would it not be the most direct way to adopt the House REGISTERED-LE'ITER SYSTEM. resolution Y The numbers are not very great, :fifteen each as stated Mr. DORSEY submitted the following resolution; which was con by some Senator, and cert.. 870 CONGR.ESSIONAL RECORD. FEBRUARY 1, The bill wa.s reported to the Senate as amended, and the amend The general commanding, concluding very properly that such an ment was concurred in. appeal shouhl be made to the Chief Executive, transmitted that ap It was ordered that the amendment be engrossed and the bill read peal to Washington, and was replied to as follows: a third t.ime. 'V.AR DRPARTl\IENT, The bill was read the third time, and passed. Washington, October 26, 1868. Brevet Ma,ior-General L. H. ROUSSEAU, :Mr. SCOTT. I move to amend the title so as to read: "A bill to Commanding Department of Louisiana, New Orleam: amend section 5240 of the Revised Statutes of the United States." Your dispatch of the 26th, forwarding a messa'7e from the governor of Louial· The amendment was agreed to. ana, and asking instructions, has been received. You are authorized and expected to take such action as may be necessary to preserve the peace and J!:OOd order and WIUTS OF ERROR L.~ CRiliiiNAL CASES. to protect the lives and property of citizens. ' The VICE-PRESIDENT laid before the Senate the amendment of J. :M. SCHOFIELD, tho House of Representatives to the bill (S. No. 935) to provide for Secretary of War. writs of error in certain criminal causes. General Rousseau, who was thon in command, on the 28th day of Mr. EDMUNDS. I move that the bill be pril\ted with the amend October, 1868, issued this proclamation to the citizens of New Orleans: ment, and recommitted to the Committee on the Judiciary. Since HEADQUARTERS DEPARTMENT OF LOUISIANA, the bill passed some considerations touching some part of the bill (STATES OF LOVISLL'U AND ARKANSAS,) itself have been suggested, which I think ought to be considered by New Orleans, Louisiana, October 28, 1868. the committ-ee. To the poop~ of New Orleam: The motion was agreed to. FELLO.,_,-.CITJZIDis: I have received instructions from the autboritie at Wash· intrt.on to take ench action as may bo necessary to preserve peace and good order, SELF-GOVERN rnNT IN LOUISIANA. ana to protect t.be lives and property of citizens. * * * • * * * The Senate resumed the consideration of t.he resolution submitted So far the requisition upon the President of the United Stat-es and by Mr. SCHURZ ou the 8th of January, as modified by him on the the action of those in authority onder him was entirely legitimate. ~th of January so as to read: But the military commander saw proper to tako certain aetion which Whereas any military interference by the officers or troops of the United States is as completely a viol&.tion of the law in the case as we have had with the Ort!anization of a State Legislature or any of its proceedings is rep. ngnant to thefrinciples of constitutional government; ·nml whereas the military mterfer illustnted tons here in any action in the more recent case. It would ence o General De Trobriand, of the United States Army, and soldiers undAr his seem that that military commander should have acte£1 in co-operation command, with the organization of the Louisiana Legislature, on the 4th of January with the State authorities; but he :tbAolutely moved directly and with last, was without warrant of law: out recognizing those n.uthorities and reorganized the police board in. Be it resolved, That the Committee on the Judiciary be instructed to inquire what legislation by Congre.~~ is necessary to secure to the people of the State of Lon.L>i the city of New Orleans, as the record shows. Here was a State then ana their rights of self-government under the Constitution, and to report with the admitted to full recogn~tion in tho Federal Union, represented on this least possible delay by bill or otherwise. floor by two Senators and n.t the other end of the Capitol by its com Mr. WEST. :Mr. President, having alre:tdy had one, though a brief, petent ropresentation; n.ml yet on the direction that the military opportunity of addressing the Senate on the peudin~ question, on which authorities there should take such action as would preserve t.he peace, occasion I pointed out how the laws and the constttution of Louisiana they to a certain extent superseded the government, and acted without had been viola.ted in the pretended organization made under .Mr. its recognition and against its incliuatwns. Wiltz on the 4th of last month, I feel some hesitation in a .Accurdin"' to the constitntion and practice of tlle bon e, fifty-two members were I have deplored the neces it.y which seemed to make it my clnty under the Con n ecessary f~r a. quornm, the.re being one lmnrlred aud two actual members of the stitution and laws to direct tmch interferr-nce. I baYe always refused, except where bon sA of representatives. it seemed to l1e my iruptwative duty, to actin such a mannex· nnder t.he Constitution You will see thn.t on this earlier occasion a minority proceeded an HEADQUARTERS Arucr NoRTHERN VmGINIA, willing and indeed anxious that he should become the chief execu · April 9, 1865. tive of their party and of their people and of their State. GRNERA.L: I have received yotir letter of this classed as republicans, and had been elected as republicans to the That is to say, the revisers of the doings of the returning board take senate. That board assumed to convene, and in less than twelve exception to the fact that according to their construction of the law hours after it was created it presumed to count the votes of over six the board departed from its true letter and exercised functions that hundred polling-places in the State of Louisiana and to transmit were in no way devolved upon it by the ·law. Sir, had that l.loard them to the secretary of state as the true and lawful and correct b~en ~eld to a true let~r of ~he. law; the whole parish of Orleans, result of .the election just previously held. I say presumed to trans with Its 13,000 democratte maJonty, wonld have been thrown out· mit them, bflcause I hold in my hand a copy of the affidavit of two and the democratic contestants before that board appealed t-o it ~ members of that board that they never signed that report; that t,hey become a court of arbitration; and however it may be contrary to never examined or compiled those returns, and the whole foundat.ion law, certainly the side who have been decided against are estopped · made by the Senate Committee on Privileges and Elections on the from taking exception to it. I should like the Clerk to read what returns of the board of Louisiana, upon which the claim of Mr. Mc were the prmciples that guid~d the action of that board. Had they Enery is based, is proved here to have been a fraud and forgery, and confinetl themselves to a stnct observance of the LJ.w, ·there were the case is without foundation utterly. I will have that affidavit only twelve polls in the city of New Orleans, that gave 13,000 demo read so that it can be seen that the great returns which are so often cratic majority-whether legitimate or not I will not here state-where clain:lrcd here as the basis for the legitimacy of the McEnery govern the law had been complied with, ud the other one hundred and six: ment are proved to have been forged or signed only by two members could have been entirely thrown out. I should like tlie Clerk to read of the returning board; and the third democrat stands ready and that. does say to day that he never signed them. I will read the affidavit: The Chief Clerk read as follows: Sworn statement of Oscar F. Hunsaker, chairman of the fusion-Warmoth returning When t.be retu~ing officers en~red ~m the discharge of their duties they first board, and Samuel M. Todd, a member of the same board. (See canva-ss of fusion took up the pansh of Orleans, m which there were one hundred and eighteen returns published jn .Senat~ report, pages 81, 82, and 83, purporting to have boon polling-I>_lacees. There being the ret~s for candidates for a. muni.cipal government, signed by Hunsaker and Todd.) two sheriffs, and a great number of rumor offices to be canvassed, It was deemed im· STATE OF LOUISllNA, portan~ that the ele--c~d c~didates should be inducte4 into offic_e as soon as pos ible. Oity of New Orleans: Immediately on entermg mt<> the canvass of the votes m the pansh of Orleans it was This day personally appeared before me, William Grant, United States commis· discovered that the election had been exceedingly loosely conducted. In not sioner, Samuel M. Todd, and Oscar F. Hunsaker, resiclents of the State of Louisiana, probably a ~ozen pollino:r-places in the city had all tho formalities requirell by law who, being first duly sworn, depose and say: That they were members of the State !>een complied With. fn but a very few cases had the list of voters been kept. or, senate of tbe State of Louisiana) sitting in the Mechanics' Institute on the 9th day if kept, returned to the board, and many of those returned had not been signed or of December,1872; that afterward, to wit, on or about the lOth day of Decem~er~ sworn to. In many cases the statement of votes showing who had been voted for 1872, said deponents left the senate sitting at the Mechanics' Institute, and uniwo was not kept, or, if kept, not returned to the board; ana in many cases the tally with the assemblage known as the McEnery senate, sitting at Lyceum Hall, in the sheets were not ke:pt, and, if kept, not returned to the board ; and in some cases city hall building of the city of New Orleans; that the senate of the said McEnery nothing but the unSigned and unsworn-to tally-sheets were all that had been re· assemblage proceeded to organize, and that on or about the date last named said senate turned to the board. Under such circumstances, if the board should decide that a proceeded to elect a returning board or board of canvassers, who were to correct, can compliance with all tho forms of law would be required to enable them to canva.ss vass, and compile the returns of election for State officers, presidential electors, &c., and compile the votes, it wa-s evident there had been no legal election in the parish under the act approved by H. C. Warmoth November 20, 1872; and said deponents, of Orleans. The board then decided that if any of the formalities rP.quired by Ia.w to wit, S. M. Todd and 0. F. Hunsaker, together with S.M. Thomas, B. M. Forman, had been complied with, even only a t:ill.y-sheetunsigned or sworn to, was returned 3.nd Archibald Mitchell, were elected as said board; that the said board proceeded to it bl; t~e ~upe_rvisors of re~stration, th.ey would, in the absel?ce of any proof of · to organize by tho election of 0. F. Hunsaker, one of said deponents, president fraud, mtim1dation or other illegal practice, canvass aud compile the vote of such ~ thereof ; that the said returns were then produced from trunks and carpet-bags in polling-place. Under this ruling of the board the canvass and compilation of the a. small room, on an upper floor of the Saint Charles Hotel; that said r eturns were vote of the entire State proceedeCL It became the duty of the board to carefully brought to said room by one 0. D. Bragdon, who appeared to be in possession of examine the returns from every polling-place in the State, over six hundred aud the same ; that said returns had been opened, c<>mpiled, and canvassed before they fifty. This was done by the members of the board in person, and it occupied the came into the possession of said deponents and the other members of the board; that board from eleven a. m. to four p. m., and from six to ten o'clock p. m. of almost although said deponents did carefully examine said r eturns and made themselves every day for a month. During this :period much time was taken up by counsel who cognizant of the nature of tho same and the mode and manner in which said returns wero almost every day raising questions and making motions. It is proper h~re to were compiled, and tbE'>rcsultson)!ht to be shown, yet said de.Ponents, neither jointly state t11at when the board entered on their labors, they permitted ea.ch of the nor separately, nor in any way whatever, signed or authonzed any person to sign political parties to be represented by counsel before the board, to make any SU""· for them the purported canvass of returns known in the congressional report on gestions or motions they might think proper, and this privilege w!\s lil)ei:aify Luuisiaua affaJ.rs as the "Forman r eturns," dated December 11, 1872, by which re availed of by counsel. turns it was made to appear that John McEnery was elected governor and that the * * * * fusion State ticket was elected ; neither did they or either of them at any time It wa-s the opinion of the board that the forms of proceeding in re)!arrl t<> a cer- consent or agree that said purported canva-ss was or is correct, or authorize the ~i~~gw~e tber the e~ection bad b~n affected by any. riot, tumUlt, acts of violence, publi c.'ltion of the same in any manner whatsoever; th.'l>t soon after the meeting of mtimidation, armed disturbance, bnbery, or corrupt in:lluences pointed out in sec said board of canvassers above r eferred to one of said board to wit, S.M. Thomas, tions 3 and 26 of the election law, were merely directory, and that it was the duty left the city, and if he ever r esigned as a member of said returning board it was of the hoard to inquire into any of those acts, when broJI~ht to their attention bv not known to either of said deponents, nor did said 0. F. Hunsaker, as .President any satisfactory evidence; the board was confirmed in this view of their duty by of said board, ever at any time r eceive any indication or any communication of the the precedent set by the acts of the returning board in 1870 and 1872, (the act of resignation or withdrawal of said S.M. Thomas from the said board of canvassers; 1870 on the subject is the same as the present law,) and this seems to be the reason and that neither of said deponents ever met or participated in any canvass of able and proper construction of this law; this is part. of the duty of the board in returns after said S. M - Thomas left the city, nor did they ever complete the can· their work of canvassing the vote. vass of said returns, nor did they ever authorize any person or persons to do so for them. ~d deJ?onents further state th!it by the pretended canva-ss of said returns, Mr. WEST. This inquiry as to the doings of that board, after con as published Without the consent of said deponents, the returns from the following tending that the board should be held to a strict construction of the parishes are shown to have been entirely thrown out, to wit: Saint Martin, Iberia, law, proceeds to say: "In only a few instances were there any pro Terrebonne, Iberville, and Saint James; that the said parishes were and are well known t.o be largely republican, the two parishes of Saint James and Iberville alone tests "-meaning protests a-ccording to law- " presented." The fact is giving more than 2,500 re.Publican majority; that there was no sufficient proof or that there were protests before that board from twenty-eight parishes, good reason why said panshes should have been omitted; that had the vote of said or one less than one-half of the entire parishes of the State. Pro parishes been included in the publication of said purported returns, as of right it testing, making affidavits of riots, intimidation, or violence, is not a should have been, it wouhl ha~ added several thousand votes to the republican ticket; and deponent-s further say that a fair, proper, and correct canvass of said healthy business in some portions of Louisiana. An officer of the returns would have shown that William P. Kellogp; was elected governorof Louisi Army has been held up to censure because he, in his capacity as a cit ana at the election belcl on the 4th of November, 1~2, and said deponents verily izen, interposed and made affidavits ~~ainst five persons for a viola believe that said William P. Kellogg wa.s elected governor of the State of Louisiana. tion of a section of the civil-rights bill; and he states in his official by the actual votes c.'l>st at said election. OSCAR F. HUNSAKER. report what actuated him to do it. "My name was appended to affi SAMUEL M. TODD. davit because any one else who signed it would have been killed, It is not my intention to open that vexed question here now. I and not to constitute myself prosecutor, which I have not done." want to show how, when some members of that board were deficient The United States commissioner 1·esident at Shreveport, when urged to serve democratic purposes, and when they actually had but a to a faithful discharge of his duty by this military officer, replied that minority of members available and present, some one forged the it would be ce:tain death for anybody to initiate such proceedings; names of two of the members, and the third member to-day says that and the committee says that reports were scarce and could not be had. he never signed the returns. That is what the committee says, bnt the board say tillat they had Mr. SHERMAN. Is that the same as the De Feriet board t reports from twenty-eight parishes notwithstanding. The gramrnen :Mr. WEST. That is the Form:m board. When, as on this occa of the charge against this retuTning board is that they changed a sion, the only democrat that they claim they could rely on, retired return from twenty-nine majority democratic to a tie, and tho prin from the performance of his functions on the returning board, this cipal efforts to establish that fact are directed to the four parishes of committee report that that invalidated the whole proceeding; but Bienville, Grant, DeSoto, and Winn, and I may here, inpa sing, com on another occasion, when they wanted to perfect proceedillgs, they ment upon some alleged facts presented here by a Senator a few days did not stop about the absence of two or three members, 'but they" ago, who prefaced his remarks by saying that he did not want to be took occasion to falsify the returns and to send up a record here to interrupted and consequently corrected. Congress that was an absolute forgery. I heard a Senator here ofier an ::ulmonition to his fellows not to Now, exception is also taken to some of the proceedings of the board. take newspaper reports as a record of what was being done, not to This revision of their proceedings is technical. The committee say: draw a picture of society from newspaper reports; but the same Sen ator in order to establish a fact before the Senate chose to irrnore The law provided that in case of such violence, intimidation, or corruption at or near either poll, either during registration or election, as preventell a fair, free, of(icial documents lying on his desk and under his eye ancl"' rely peaceable, and full vote1 the commissioners of election, if tbe occurrence was on upon n. newspaper for his facts, and he had to search very indus election .di!'Y• the supemsors of registration, if ou the day of r~~stration, should triously to tind thn.t newspaper, because it wa-s only in one news make a :full, verliied statement of the occurrence, and forward r.ne same with and nnnexed to the r otu=-s. paper that that error waa committed. With the official report of * • * this committee before him, with the report of the conserv:ttive mem In only a few instances were there any protests a-ccompanying these returns. bers of that so-called Legislature, he chose to ignore them and to 874 C (}NGR1ESS~IONAL RECORD. FEBRtJARY 1, avail himself of a typographical error made in one pape~ in this city and that if any party should be injured by it they wouldhaYe their legal recomse, as the l:J.w is understooll to afford ample relief in such cases. in order to get thirteen votes for his ca,ndidate. Under the fifth he:W. of the protf·sts and objections, as above stated, comes the Mr. THURMAl'f. Who does the Senator allude tof I am not con parish of Win1J- The · evidence showed that James P. lloidheimer, resident of scious of having referred to any newspaper. that parish, ha.idenoe the opimon of the board that there had boon no legal when Mr. Wiltz was elected. The report of this committee which I registration of the voters of this parisb, without which there could be no le_pal am now discusSing says 58. The report of th& conservative body election, and that the unlawful act of Reidheimer in not turning over to Ranaall says 5!:!. The~e were before the Senator on his ~esk; but the mo~ng the books and blanks to enable him to make a legal N>gistration, and the violent acts of the citizens in orderin~ Randall a"'Ya.y from the parish on pain of de.'\th, Cb.ronicle in this city, the day that happened, made a typographical made it the duty of the board to reject the pretended retnrns and vote of this error and gave blank credit for 14 votes by mistake. I do not know parish. * * · * * • whether that is the identity of the Senator's information or not, hut :Mr. WEST. I was cn11ing attention to the fact that there were such are the facts. four parishes in dispute, or rather, the whole affair of the 4th of Jan Mr. THURMAN. I made no reference t-o the Chronicle, but I uary last depended greatly upon what action might he bad in refer l:!hould be perfectly willing to take the Senator's statement if 58 is ence t-o the elections in those parishes. In one of them, Bienville, tile not a quorum and two over. But I had (and I will bring it into the board threw out the returns because a republican was not allowed Senate to show to the Senator but I will not interrupt him t-oo muc}l) to vote in the whole parish. In Grant, a republican parish, and largely precisely the statement which I read. republican, the scenes of disorder were so great that this hoard could Mr. WEST. If I have not stated t,he Senator's position correctly not find it their duty to admit thg,t parish. he will pardon me, for the reason that I have not his remarks before Mr. MORTON. Is that the parish in which Colfax wa-st me. I caught them by ear, and I know that he asserted, if he ha.s Mr. WEST. That is the parish in which Colfax is situated. In not expunged it from his speech, that there were 71 votes cast that the parish of Winn, the legally appointed supervisor of registration day. was threatened wi t,h his life if he undertook to exercise the functions This report alleges that a majority of 29 had been changed, and of his office, but the white-leaguers improvised a registrar, and he they took exception to the action in the cases of Bienville, Grant, conducted tho registration ; and they asked the returning board to D oto, and Winn Parishes. I should like to have read from the consider such returns as those! official report of the returning board what wa-s the action in those In DeSoto the registrar being satisfied that the whole proceedings pa-rishes, and to show that the boa..rd acted in strict conformity witq were violent, a.nd not being able to get any affidavits to snbst:.mt.iat.o the provisions of the law when it absolutely and positively ex his position, came down and met the returning board and the white clnned the count of those parishes from their returns. There was leaguers, and they endeavored to compel him to producc~hose re nothing transmitted to the Legislature. It wa-s a. mere ministerial turns, and he did not do it and the lJoard hnd nothing before them. act, in accordance with law that, being satisfied themselves that We remember with what unction our friends contended that tho o such violence and outrage existed in those parishes as vitiated the returns were in the hands -of n. wom:m of bad character and were election, they had the right, and it wa-s their sworn rluty, to exclude offered for sale for a thousand dollars. The returning board say that those parishes from their count. I a-sk the Clerk to reatl what is said there was no evidence of that kind. It was casually stated to t.he about these parishes in the report of the returning board. boarcl, but waa not offered as evidence and was not reducerl to writ The Chief Clerk read as follows: ing a.nd was not considered by the board as anyt.bing more than a BIENVILLE. passing remark. If such was tho case~ the contending parties on th~ Tbfs parish was entirely rejected. The evidence showed that this parish adjoins other side had ample opportunities to establish it, and they ~:~houltl the parh;h of Red River, in which the Coushatta. murders tool!: place, and that not stnte it now unless they made the allegation goo a ·serted to the fact that after those wounded men were Utken to that fifty or sixty lives were sacrificed, no inflnence in intimidating voters l10spit:l.l the rioters formed a line iiJ. its rear and fireu a volley into in Louisiana 1 Aud yet your committee say that no general· intimi its cbamhers. Here is one of the volumes of the history of affairs in dation of republican voters was practiced in tlw State I Colfax, Con Lonisia11a. The history of violence in Louisiana is not to be learned shat.ta., and the 14th of September did for the election of 1fs74 what in eight (lays. It lies here under my hand in eight volumes of testi Orleans, Bossier, and those up-river parishes did for the election of mony, every page telling of a life and every word upon every page 183 , and that couclnsion is irresistible. counting for a drop of blood shed in the sacrifice of political opinions. Tho Shreveport Times of July 29 sa5's : What did the committee then say t I will read briefly their opinion There baa been some red banded work done in this parislt that w:t.'i necessary, of t.hat horror: but it was evidently done by cool, determined, and just men, who knew just how There has been no occasion during our national history when riot has occurred far to go ; and we doubt not if the same kind of work is necessary it will be dono. a. Wo say again that we fully, cordially Ppprove what the whit.e men of Grant aml so destitute of justifiable canso, resUlting in a. massacre so inhuman and fiend-like Rapides clid at Colfax; tho white man who docs not is a. cro.1.ture so base that he as that which took place at New Orleans on the 30th of .Jnly last- shames the worst class of his species. We say again we are going to cal'l'y the * • * • * * elections in this State next fall_ · The massacre was begun and finished in midday; and such proofs of prepar~ tion were disclosed that we are constrained to say tbat an intention, existing some The man who da.res even to dissent from the outrages perpetrated where, to disperse and to slaughter tho memQP.rs of the convention, and those per sons, white and black, who were present and were friendly to its purposes, was bv miscrea.nt8 in the murders at Colfax and the murders at Coushatta mercilessly carried into effect. ''is a creature so ba-se that he shames the worst class of his species-" Can yon expect men to go before a committee and testify to the fact No intimidation in Louisiana! And yet in the same year the Bossier that violence and disorder exist in that State' Parish ma.'ISacre took pbce, in whlch over three hundred were killed I should like to say a few words now, Mr. Presirlent, upo wba.t and wounded; the Saint Landry massacre, in which two hundred this committee say about the general condition of affairs in the State were killed and wounded; the Orleans massacres, in which sixty-f.hree of Louisiana. After first starting out with the proposition that-thP.y were killed and wo11nded; the Caddo massacre, in which forty-six would not examine anything but the condition of affairs in two par were killed and wounded; the Jefferson massacre, in which fortr ishes, and when they only did examine one, they come to this concltl. seven were killed and wounded; the Saint Bernard massacre, 111 sion: which sixty-eight were killed and wounded. All these occurred in The general condition of affairs in the State of Lonisinna seems to be as foll'lws: the one year, 1868. Tho conviction has been general among the whites, since 1872, that the Kello6g Here is the experience of some of the officers of the Army of those government was a usurpation. practices. Hero is an officer reporting about the massacre in Saint I am aware that that. is the conviction. How that conviction was Bernard Parish. He sa.ys: creat ed is well known. It commenced by a little coterie, a rinO' of Practically there is no civil law in Saint Bernard Parish- A company of United political adventurers, in New Orleans, who undertook to manipt-{iate States troops are now doing duty there, and their cont inued presAnce is necessary to protect from outrage men loyal to the Government, to prevent the murder of the elect ion machinery of that State, and who personally admit to frcNl people, and to preserve general pca{)e and tranquillity througbou t the parish; day that their operations were unsuccessful, and that they had pal me(l aml it is my opinion that tho men now living in that parish who ha ve r ecently com a francl on the whole of the people. Supposo that convic.tion is among mitten m nrder with impunity will not be arraigned nor brought to justice except +.he white people of the State, only among the white democrats, even throurrh the direct agency of militar y power . • . I am, major, v t~ ry respectfully, your obediont servant., if it is unh-ersal among them, the colored people do not think so; and .J. M. LEE, because that minority believe that the ~overument is a usurpation, First Liwtenant Thirty-ninth United Stata Irifantry, A.. A. I. G. is that any reason or cause for char.actenzing it as such T Brevet Major B. T . HUTCHIXS, A- A. A. G., This conviction among them has been stren~thoned by the acts of the K ellogg Bureau R., F., and A. L., New Orlean.~, Louiitiana. Legislature aboli<•bing cristin~ courts andjudges, nnd substituting otherspresir!c- d over by jurlges apfointetl by Kellogg, having extraordinary and exclusive jnrtsrlic .After speaking of sixty-one murders perpetrated between October tiou over politica questions ; * * * by tl1e abolition of courts with clecth-c 23 and November 21, 1868, he says: nd grs, and the substitution of other courts with judges appointed by Kellogg in In conclusion I desire to represent that upon entering on duty in this Bureau as act evasion of the constitution of the State. ing assistant inspector general, on the 18th ofSepw ruher last, I thoul!ht itimpossil>le Mr. President, the question of Governor Kellogg's authority to white-leaguers, who ":e11e ~w~rn in ~y tJ;e g?ve:ner o~ the ~t~te to your violence and your bonds will go to protest, and Louisiana will protect its laws, to ma.mtam Its constitution mviolat.e, IgnoiDJ.?lously have no place to lay her head in Wall street. . · laid down their arms at the first demand on them to do therr duty. Then the securities of the city of New Orleans have fallen from That is the kind of militia we had in New Orleans and in Louisiana. 80 or 90 in two years to 30 or 40, as the committee state. There is another evidence of your violence and intimidation and the shrink . By the creation in some places of monopolies in marketa- ing always arising from fields of strife and insecurity. But why was True, the Legislature of Lo¢siana, under the Kellogg dministra it so 'f Did the republicans have control of the city of New Orleans tion has passed an act with reference tomarkets. That act was pro in the last two or three y~ars t When the republican administration pose'd to them and solicited from them by the democratic a 1875. CONGRESSIONAL RECORD. 877 here what is said by a practitioner at the bar about the administra if any democrat in the State of Louisiana should accept with good tion of justice in the Southern States generally. He says: faith, and with the intention of protecting and conserving the inter The laws of the States designed for the protection of life and property are not ests of his fellow-citizens, an appointment from Governor Kellogg, he enforced with certainty, and in cases where they are violated by members of the would be a tabooed man, and he would be as an alien and a stranger democratic party for political purposes they are violated with impunity. Con among his neighbors. gressional in'\""estigations have made known to the world that secret oatb.-bound organizations exist throughout the Southern States; that their object is by force Mr. Presi{lent,· it might be expected that I should say something and violence to prevent the newly-enfranchised race from exercismg the right of about the causes of these political and social contentions in Louisiana, suffrage, and thus to deprive them of political power; that in the execution of their and that I shouM suggest some way of aUaying them. To recount desi,!m the members of these secret organizations have committed crimes without all these causes would weary your patience, even were I familiar with number of a nature calculated to intimidate and terrify, and that they are as free from fear of punishment, or cause to fear, by the enforcement of the l::l.ws of the them all. The bitterness of past strife-the fall from affluence to pov Stx'ltes in which the offenses were committed, as though they were wholly guiltless. erty consequent upon that strife-the necessit.y to labor consequent So prevalent and powerful is the sympathy for those who commit these acts, t.hat. upon that fall-contact with the cause of all this in the presence of before it the law is insignificant and powerless. In the rarest instances has a wand jury preferred a bill of indictment against any of t>.he perpetrators of these the old slave now in many cases the dominating political instrument crimes, and in no instance that has come to our knowledge has a petit jury been changing channels of trade-failing crops and tlooded fields- paralysis found to return a verdict of gniltv against the perpetrators of even the most unpro of capital-shrinking of investments in dismay from the insecurity voked and cruel murder when committed upon the person of a republican for po engendered by strife and turbulence-greed of office who eemoluments litical reasons. In tllis country the law is sn.<;Jtained by public opinion, and public opinion is stronger than tile law. Our fathers in the foundation of our system of are simply an imposition and an outrage upon an impoverished peo ~overnmentnever realize 878 CONGRESSIONAL RECORD. FEBRUARY 1, blotted out; but exactly how this millennium is to be brought about. the example of other nations. Great Britain lays those who revolt not being told, I do not quite comprehend. Of course, the colored in India and bnnishes those who make the attempt in Ireland. Rns ia men would be expected to mn.ke the first advances, a.nd I wonder that sends the captured nobility of Poland to perish in Siberia or to labor the Senator did not tell the negroes to stop killing the democrats and iu her mines as never to be forgiven convicts. France shoot Mar let them have an equal chance to exercise the right of sntfrage.wit.h shal Ney as well as the communists. Spain bas often made pri oners out let or hinderance! Then some respect, if not aJfeCiiou, might of rebels only to subject them to sudden den.th. :Austria exacts the spring up, and until then I submit that a half n.nd half dl vision of the death penalty from Battbyauy and from other Hungarian generals, voters is very dubious. who only surrendered to the superior power of Russia in a war where The Seuator also gives us some advice, but, as it appears to me, it the sympathy of the world wa on the side of the Hungarians. Tho is rather unfairly based upon the idea that nobody is in the wrong fate of those who unsuccessfully resist any ck facto goverumenta in bnt the republican party; he does not even divide his censure half Me:rico and in South America lli nearly always dyed in blood. This and half, but says to us, ''Turn back, turn back in your dangerous recital would grow darker if we were to penetrate deeper into the his course while it is yet time." There is little in tbe recent history of tory of the past; but what I have cited is enough. Notwithstanding Louisiana matters that affords me auy pleasure; but is it true that this broad contrast between the course of the United St.ates :mel that the chief responsibility for the events which have there most stained of any other uat.ion in the treatment of the surviving parliicipants of onr history is chargeable ·to the republican partyf Was the party a rebellion, yet the republican party to which I belong has been stig responsible for the Penn rebellion; for the ma-ssacre of the 14th of watized in this debate ~ moved by the passion of ba.te. Impa1·tial September; for the Coushatta murders; for the wholesale Msassina history will not so propounce its verdict. it may say that uni tions a.t Vicksburgh Y Knowing as I do that in his heart the Senator versal pardon ~nd universal suffrage were offered too early, but it from Missouri baa not a drop of blood that throbs in sympathy with will never. st..'l.mp the civil or military -power, while wielded by a these atrocities, I wish be could have found it convenient in his dra Union republican administra.tion, !\8 either cruel or tyrannical. matic language to have said to those southern democrats, even in a Some blunders may have been committed; they are the incidents 'Jf low tone of voice, "Turn back, turn back in your dangerous course all human governments; but amid all the terrible conflict, and while while it is yet time." Republicans certainly are not called upon to smarting from many deplorable occurrences, the Union republican assume any greater share of responsibility for military interference party has carried its banner so high, so free from stain, that its 10\X in Louisiana than has been aHSnmed by the President in his recent ample will forever be quoted and commended throughout the civ message; and it is not too much to believe that this message would ilized world wherever the rights of man are reverenced or acknowl have been quite satisfactory to everybody but for the fact of a pend edged. But a party like this, d~rviug more of the reRpectful grati ing presidential election. Sir, read that m~ss.. 7 that our colored citizens have just been emancipated 'ft:~~ . ~lavery; ~-~: ~- HOUSE OF REPRESENTATIVES. lmt with our free institutions I see not why we may not surmount all difficulties and escape any encluring agony of strife of raees. It is :MoNDAY, February 1, 1875. a free1 full, aud fair election, it would very likely turn out a contempt Mr. BROMBERG. I rise to a point of order, and call for the regular ible farce. I am convinced that the facts show Kellogg to be more orcler of business, for this reason: the Speaker has sta,ted t.ha.t be entitled to the office of governor there than .McEnery; but onr oppo never rules upon hypothetical points. At the time we adjourn~d on nents will accept of nothing less than the -placing of McEuer,v in Saturday the Speaker stated, as a part of his ruling upon the admis power, besmirched all over as he is with the organized election. sibility of the motion to adjourn, what the consequence of agreeing - franrls. Certainly, we havenoevillence that a new election would here to that motion would be. That portion of the ruling was the mere be supported by democratic Senators, nor if they did support it, that dictum of the Speaker, not invol ve .. 880 _CONGRESSIONAL RECORD. FEBRUARY 1, 1\Ir. COX. I did not w:mt the Chair to lecture me; I only w:mted Mr. RANDALL. I will answer that on Satnrdn.y I did so think; the opinion of the Chair. but upon a thorough examina,tion of the rules I have changed my The SPEAKER. The Chair is not lecturing the gentleman at all. mind. 1 suppose that is allowable. Mr. COX. I rather think the Chair is right;. The SPEAKER. 'fhat is not a point of which the Chair takes Tho SPEAKER. The rule says that the Speaker every day after cognizance at all. The Chair, however, begs to impress upon t.he taking the chair ''on the appearance of a quorum shall cause -the gentleman from Pennsylvania that in contending for the literal en Journal of the preceding day to be read." That ends the matter. forcement of the rule, the gentleman in fa.ct gives away his point, 1\Ir. BROMBERG. One moment, if the Chair pleases. Is not the because he admits that joint resolutions, which are not named in the reading of the Journal as much business as the consideration of bills 'f rnle, are according to the universal practice received under this call. The SPEAKER. It is the business of the day to which the Journal Mr. RANDALL. Pardon me; I do not admit anything. " belongs. But the House may adjourn and cut it off, or during the The SPEAKER. The gent.leman stated that bills and joint resolu last six days of the session the rules may be suspended so as to cut off tions were in order under this call. The Chair goes further, and ob the reading of the Journal, or it may be cut off by unanimous con serves that concurrent resolutions for printing have always been ad sent. If either of the latter modes should be adopted, it would leave mitted under this call. Now, a resolution for printing is neither a the gentleman, if aggrieved, in the same position as did the adjourn- bill nor a joint resolution; but under this call the admission of a reso ment of Saturday. ' tion for printing has never been denied, because this seems to be the Mr. BUTLER, of Massachusetts, and others called for the regular appropriate placo, and, a.s the Chair might remark, the only certain order of business. place where such reference can be made; and as a reference to the The SPEAKER. Bills and joint resolutions are now in order from Committee on Rules is a very important reJ,'erence, it basal ways been the State of Maine. held-the Chair thinks it has never been rnled othe1·wise-tbat this AMENDMENT OF THE RULES. reference is in order under the present call. The Cha-ir believes that Mr. HALE, of Maine. I introduce for reference to the Committee during the present Congress, in which the gentleman from Pennsyl vania himself has been a member of the Committee on Rules, in every on Rnles that which I send to the Clerk's desk. · case where the committee has undertaken to pass upon any proposi The Clerk read as follows: tion referred to it, it ha.s been referred in the morning hour of Mon RULE -. Whenever a question is pending before the House the Speaker shall not entertain any motion of a dilatory character except one motion to adjourn and one day. Therefore the Chair cannot, upon the point of order raised by motion to fix the day to which the House shall adjourn. But the previous question the gentleman, nullify and reverse the practice of the House. on the engrossment and third reading of any bill or joint resolution shall not be Mr. RANDALL. Then, Mr. Speaker, in this decision you are acting ordered (lurin~ the first day of its consideration unless three-fourths of the mem. outside of all the rules. bers present snail second the demand : Provided, That this rnle shall not apply to House resolutions offered in the morning hour of Mond.ay : And prmJidedfurther, The SPEAKER. The Chair in his nuing proceeds upon precisely That it shall not apply to any proposition to appropriate the money or credit or the same ground which the gentleman himself admits in conceding property of the Umted States, except the t:egular annual appropriation bills. that a joint resolution may come in under this call. Mr. RANDALL. I rise to a point of order; My point of order is Mr. COX. 1\Ir. Speaker, suppose I do not admit that. that this is neither a bill nor a joint resolution, and therefore is Mr. RANDALL. I say that the rule, not only in its literal construc not allowable to be read and received during this morning hour of tion, but in its spirit, confines the business of this hour to that which Monday. I c:.ill attention to Rule '130 upon that subject. Further shall require the action of both branches of Congress, and that this more, I may state here that the Chair has stated over and over again proposed change of the rnles does not require such action. on Monday morning, when propositions have been made to introduce The SPEA~R. The Chair does not understand why the gentle resolutions on other matters, that they were not in order. And the man should inake that point. The four gradations are bills, joint . Chair will recollect that this morning, in stating what was the order resolutions, concurrent resolutions, and references to the Committee If of ln~siness at the commencement of the morning hour, he did not on Rules. the Chair should sustain the point of order raised by state that even resolutions containing notices of amendments to the the gentleman from P~nnsylvania, how would the gentleman suggest rules were in order. The Chair has ruled over and over again that that a motion to amend the rules or notice of a proposed amendment not even by unanimous consent could such a proposition IJe enter of the rules could, under his construction, ever be given 'f tained during the morning hour of Monday. I ask that, for the iu Mr. RANDALL. I will tell the Chair. The Spea}mr will find for111.ation of the Chair and the House, Rule 130 be read, and also the somewhere in the rules-1 think this is iii-that a notice is in order paragraph I have marked on page 145 of the Digest. . when any ot}J.er motion can be entertained by the Chair. The SPEAKER. The Clerk will read as the gentleman from Penn The SPEAKER. But when any other motion can be. sylvania. desires. :Mr. RANDALL. They come in a.s new moti_ons. The Clerk read as follows : The SPEAKER. At what point would the motion be in order! Mr. RANDALL. Whenever the House is not engaged with any On every Monday it is made the duty of the Speaker to call the States and Terri· tories-first for bills on leave for reference only, and without debate, and not ot.her business. to be brought back by motions to reconsider, at which time joint resolutions of The SPEAKER. How can the House be in session .without being State and territorial Le~islatures may be introduced for reference and printing; occupied with some business'f then for resolutions, at which time bills on leave may be introduced, and all reso 1\fr. RANDALL. When we l1ave gone to the final result on some lutions which shall give rise to debate shall lie over for discussion.-RuZe 130. business and the Chair is ready to recognize any other member in M:r. RANDALL. Let the Clerk read the rest. obedience to the Iules for new business, but only then. The Clerk read as follows: The SPEAKER. Then of course the moment any question is ills And so also in rega;rd t{) bills introduced at this time and giving rise to debate. posed of, even during the session of forty-six hours, when they had a Ever since the foregoing rule has been in its present form the Speaker has declined number of dilatory motions, according to the gent.leman from Penn to entertain even a re Mr. BECK. I know it is not the Chair's fault, but I think one granted to Walter Hunt; which was read a first and econd time, H·mse resolution is as good.as auotller. referred to the Committee on Patents, and ordere The SPEAKER. The gentleman from lndiana will observe that Mr. RANDALL. The Chair then admits that he bases his decision al tlloug h the point of order made by the gentleman from Pennsy1 vania upon usage and not upon the rules. [1\11:. RANDALL] may seem to he just to some members, yet the Chair The SPEAKER. Nine-tenths of the business of the House is bv.sed is makin~ no new ruling. The gentleman asks the Chair to reverse upon usage and not upon ruJes. the practwe and rulings of the House for years past and to refuse to Mr. RANDALL. My effort is to break up a pernicious usage. admit this notice for a change in the rules. Mr. CONGER. I raise the point of order that this kind of ar,0 ru- Mr. NIBLACK. I understood the Chair to say- mentative appeal~ not in order. :Mr. HURLllUT. I call for the regular order. Mr. RANDALL. I admit that it hurts your cause. The SPEAKER. The Chair overrules the point of order. Mr. CONGE.R. Our cause cannot be hurt by any such thing, but Mr. RANDALL. From that decision of the Chair I take an appeal. the business of the House is delayed. M:r. BUTLER, of Massachusetts. Can the call of the States for .Mr. NIBLACK. I ask for the reading of the resolution out of which bills and joint resolutions be interrnpted for that pnrpo e f this preliminary debate originated. Tile SPEAKER. Certainly. The resolution of Mr. CESSNA was again read. Mr. BlJTLER, of Massachusetts. All right. The SPEAKER. The question is not whether the House will Tho SPEAKER. The Cilair would be glad if members would be agree to the resolution, but whether it may be received and referred in order. He does not know anything more important that can to the Committee on Rules. claim their attention than the question now pending. The Chair Mr. NIRLACK. What docs the Chair rule f will state the point involved, but members must resume their seats. The SPEAKER. The Chair rules that in the mornin(l' honr of [OL'der being restored.] There is an appeal pending which must Monday a proposition to amend the rules may be introd';ICed and settle the practice of the Honse on this very important :point; and if referred; and that tho reading of it in the hearing of the House coH- members will ~ive their attention the Chair will submit the precise stitute& notice of the most effective kind. · point upon whxch they are called upon to act. Rule 130 of the House Mr. POTTER. Was this resolution offex·ed during the first call of lays down aR the duty of the Speaker in the morning hour of Monday Statesf that "the Speakor shall first ca.ll the States and Territories for hills The SPEAKER. It was. , on leave; and all bills so introtiuced during the first hour after the Mr. RANDALL. I send to the Clerk's desk my appeal in writing. Journal is read shall be referred wit.kout debate to their appropriate The Clerk read a-s follows : commi ttecs." If, as the Chair ha-s before remarked, this rule is con ~he unde!Signed tak~ an appeal from t.he. decision of the Chair made thls day strued absolutely literally, it would exclude all joint resolutions. It whlch pernut.." the readmg of Honse resolutions to go to the Committ~e on Rules has never been so construed, but ha.s always been held to include to the exclnaion of the business as provided for to be proceedeu with in Rule 130. ' SilfUEL J. RANDALL. joint resolntiollS. It has also been extended to concnrrent resolu- JAMES n. BECK. tions for printing, for reference to the Committee on Printin~. ' The SPE-.AKER. The gentleman does Mr. ELDREDGE. May I ask the Chair right there if that 1s not in not correctly state the consequence of there being no objection f · appeal. The Chair has not ruled-- The SPEAKER. A practice which has obtained for a lon~ time .Mr. R~<\NDALL. I mado the appeal, and I state it as I wish to without objection is one which the Chair would not feel justified in make it. reversing on the demand of one member. However, it has grown up, The SPEAKER. But the gentleman mnst a,ppeal from the actual it has become the invariable practice of the Honse. It has always de('ision, not from a fancied decision. been held that resolutions proposing amendments of the rules are Mr: RANDALL. I supposed that the Chair had just affirmed-- admitted during the morning hour of Monday for reference to the The SPEAKER. The Chair distinctly excluded what the gentle- Committee on Rules, on the ground that there seems to be no other man ha-s put in his appea.l. Tho gentleman states in the appeal tha.t time in which notico coultl be given without interrupting the bnsi- the Chair ha-s decided that Honse resolutions-that would include ness of the House by interjecting questions of privilege at all times. every House resolution-- If you elevate the giving of notice to amend the rules into a question Mr. RANDALL. ·No, sir; House resolutions to go to the Commit- of :privilege, and hold that any member may int1·oduce a resolution tee on Rules. · to amend the rules at any time, it could Lie used for dilatory 11ur- The SPEAKER. That shall go. 11oses more effectively thau were the motions recently used for that Mr. RANDALL. Th~tt is tho way I understood you. purpose. Therefore the Chair cannot give a construction to the rules Mr. ELDREDGE. Is not this a Honse resolution f I so understootl it. which would enlarge the number of privileged queatioua. Thernliugs :Mr. RANDALL. I do not want to t..1.ke auy improper advantage of the ChaiJ.· shoulu ah\'"ays be to restrict privileged que tions as much whatever. as possible. The very hano of legis1atiou is the multiplying of privi- The SPEAKER. Then the gentleman intends in his appeal tos:ty, leged questions. Those questiom; should be restl·ictcd as ~an-owly "House resolutions intended for reference to tile Committee on Rnles.'' aa is consistent with ju~Sti0e; rules should be construed against them; The gentleman's intention was right, but it was not clearly expressed, presumption should IJe against them. The Chair has always so hehl in the opinion of the Chair. and always so ruled. Mr. ELDREDGE. I call for the reading of the :first propm~ition The proper, easy, appropriat(\ time for giving notice of proposed now pending. amendments of the rules, without int-tJrfering with the business of Several members objected. . the Honse, without in any way disturbing the regular order, is in the Mr. ELDREDGE. 1 simply want to know whether it is in the form morning hour of Mond~y, when tlloy can he introduced for reference of a resolve. and printing. The readilJg at the Clerk's desk constitutes the most The SPEAKER. It begins- effective form of notice. The Chait therefore holds that this re olu- .Resoll;ed, That the following be adopted as additional standing rule.'! of the Honse. tion is in order, and t.be gentleman from Pennsylvania [Mr. RANDALL] Mr. ELDREDGE. I do not see how, even under the Chair's con- appeals from the decision of tho Chair. struction,a resolution or aaything else can be received, except a bare Mr. COX. One word. -I have been trying for some time to obtain notice. the attentiolJ of the Chair. Mr. CESSNA. This will be nothing else t.han a notice, unless it he The SPEAKER. The Chair will hear the gentleman. adopted. Mr. COX. I gather from what the Chair ha-s said that his opinion The SPEAKER. The gentleman from Pennsylvania presents his is rather against biB own rutin~. appeal in this form: The SPEAKER. The Chair IS not responsible for wha.t the gentle- The undersigned takes an appeal from the decision of the Chair made thi;j tlay man from New Yt>rk [Mr. Cox] may gather. which permits the reading of House resolutions intended forreferonce to the Com - Yr. COX. I will give my reasons for that. mittee on Rules to the exclusion of the business first pro'duetl for t-o be proceotletl Mr. KASSON. I must rise to a point of order. The Speaker was with in Rule 130. , requested to state the question which we are now called to act upon Mr. RANDALL. I think that appeal requires the names of two mom- without a reargument of the question. I desire the Chair to conclude bers, and it is so signed. hiR statL•ment. Mr. GARFIELD. I deny that the -sicrm¢nres of momhers cau he The SPEAKER. The Chair had about concluded his statement. presented to their own statement of the Speaker's ruling. Tile ruliug It seemed to him that the orderly conduct of the business of the must be in his words, not theirs. House required the Chair to maintain what he understood to be the Several MEMBERS. Regular order! usualllractice of the House. The Chair could not feel justified in Mr. RANDALL. You will have it. reversmg that practice. Therefore he holds the resolution to be in The SPEAKER. This proceeding is going on with some irregu- order, from which decision the gentleman from Pennsylvania [.M.r. larity. The gentleman from Wisconsin [Mr. ELDREDGI~] made tllo RANDALL] appeals, and the gentleman from Iowa [Mr. WILSON] point of order, and will state it. moves that the appea.llie upon the ta-ble. · Mr. ELDREDGE. 'l'ho inquiry I made of the Chair wa.CJ a.,s to tho Mr. RANDALL. I believe that Rrile 2 reqn:ires that an appeal from form in which this proposition commenced.. the decision of the Chair shall be made by two members. I would The SPEAKER. But the original point of order on this second prop ask the Chair what is the distinction between the usual practice in osition to amenu the rules was made, as the Cha.ir unuerstoou, by the reference to resolutions for amendment of the rules and other House gentleman from vVisconsin. resolutionsT Mr. ELDREDGE. I only argued tho point, whiph was made b:vthe The SPEAKER. The difference is that usa,ge applies to the ,op.e in gentleman from Pennsylvania., [Mr. RA..NDAI.L,] and in answer to the ~e one directiq~ and to t~e other iJ;l ~~opposite or improper time for the giving of t he notice, and that therefore it Mr. RANDALL. My object has been accompJ ished, ancl the decision must be given at this time, I made the inquiry just now to ascertain is outside of the rule. whether this was a resolution or whether it was an absolute notice, Cries of " Regular order ! " " Regular order!" and intended as such. If a notice, then I desire to raise the question Mr. ELDREDGE. I demand the yeas ancl nays on the motion to lay whether-- the appeal upon the table. The SPEAKER. This paper is presented in a very irregular way Mr. COX. I rise to make a point of order. and in entirely unusual language. The Chair thinks upon a review The SPEAKER. One is already pending, and only one point of or of it that it is not competent to receive it. der can be pending at a time. Mr. RANDALL. Why not T The yeas and nays wero ordered. · The SPEAKER. Because it puts into the mouth of the Chair a de The question was taken; and it was decided in theaffirma.tive-yeas cision which he alone is competent to annormce to the House. The 174, nays 84, not voting 32; as follows: Chair did not state that this was received to the exclusion of all YEAS-Messrs. Albert, Albright, Averill, Barber, Barrere, Bass, Begole, Biery, business properly coming within this morning hour. Bradley, Buffinton, Bundy, Burchard, Burleigh. Burrows, Benjamin F. Butler, Mr. RANDALL. I say it was. Roderick R. Butler, Cain, Cannon, Carpenter, Cason, Cessna, Chittenden, Free man Clarke, Clavton, Clements, Clinton L. Cobb, Stephen A. Cobb, Coburn, The SPEAKER. Exactly. The gentleman may say that arguendo; Conger, Corwin, Cotton, Crouns!\, Crutchfield, Curtis, Danford, Darrllll, Dawes, but neither the gentleman from Kentucky nor the gentleman from Donnani Duell, Dunnell, Farwell, Field, Fort, Foster, Freeman, Garfield, Gooch, Pennsylvaniar- Guncke , Ha.gans, Eugene Hale, Robert S. Hale, Harmer, Benjamin W. Harris, Mr. COX. I rise to a point of order. I appeal from the decision Harrison, Hathorn, Havens, John B. Hawley, ,Joseph R. Hawley, Hays, Gerry W. which the Chair actually made. Hazelton, John W. Hazelton, Hemlee, E. Rockwood Hoar, HodgM, Hooper, Hos· kins, Houghton, Howe, Hubbell, Hurlbut, Hyde, Hyne.s., Kasson. Kelley, Kellog~, The SPEAKER. What decision T This matter should come before Lamport, Lansing, Lawrence, Lewis, Lofland, Loughridge, Lowe~_.Lownd e s.J-. Lynco, the House r~ularly. The paper here presented is wholly unusual. Martin, Maynard, McCrary, Alexander S. McDill, James \V. Mcuill, Mac.vougall, Mr. CONGJ!JR. I object to its reception. McKee, Merriam, Monroe, Moore, Morey, Myers, Negley, Niles, O'Neill, On-, Mr. HAWLEY, of Illinois. The Chair will allow me to suggest that Orth, Packard, Page, Isaac C. Parker, Parsons, P elham, P endleton, Phelps, Phil lips, Pierce, Pike, James H. Platt, jr.1 Thomn.s C. Platt; Poland, Pratt) Rainey, the appeal does not correctly state the fact. Rapier, Ray, Richmond, Ellis H. Roo ert.~, James W. Robinson, Ross, Rusk, The SPEAKER. The gentleman will excuse the Chair for saying SaW¥er, Henry B. Sayler, Scofield, H enry J. Scudder, Isaac W. Scudder, SenCI·, · that on thls point he does not need assistance from either side of the Sess10ns, Shanks, Sheat.", Shelllon, Sloan, Small, Smart., .A. H err Smith, George L. Smith, H. Boardman Smith, John Q .. Smith, Snyllm·, Sprague, Stanard, Stark House. weather, Charles .A. Stevens, St.John, Stowell, Strait, Strawbridge, Sypher, Taylor, Mr. HAWLEY, of illinois. We have a right to have the decision Christopher Y. Thomas, Thompson, Thornburgh, Toud, Tremain, Tyner , Waldron, of the Chair properly presented. Wallace, Jasper D. Ward, MarcnRL. Ward, White, Wliitehouse, Whiteley, Wilber, The SPEAKER. It is only the Chair that can so present it. Charles W. Willard, George Willard, Charles G. Williams, John M.S. Williams~ William Williams, William ll. Williams, James Wilson, Jeremiah M. Wilson, ann Mr. HAWLEY, of Illinois. Well, the Chair has. taken the advice Woodwortb-174. of everybody else this morning. NAYS--Messrs. Adams, Archer, .Arthur, Ashe, Atkins, Banning, Beck, Bell, The SPEAKER. The Chair does not a 884 CONGRESSIONAL RECORD. FEBRUARY 1, Mr. GARFIELD. Tl1e only tron ble is the delay that would thereby does not wish to create an erroneous impression. The matter of Tlro be caused; otherwise I have no objection to the amendment. viding for levying taxes in the District is as much in his hands as in Mr. RANDALL. I think the Attorney-General is clearly right. those of any other gentleman on this floor. Mr. CHIPMAN. The effect would be precisely the same. Mr. FORT. I say this is the proper time and the proper place to Mr. RANDALL. This would show what construction Congress put a halter on these people, :::md compel them to do what they prom intended when it passed the bill. ised to do. Mr. CHIPMAN. The Secretary of the Treasury would not pay in Mr. GARFIELD. I will accept the amendment suggested by the gold under this bill. gentleman from Pennsylvania [Mr. RANDALL] to insert the words Mr. LAWRENCE. Does the gentleman from Ohio propose to allow "in currency." any discussion on the billY Mr. FORT. Is it in order to move to refer this bill to the Committee Mr. GARFIELD. No; because this is the day when the payment of_the Whole ' is due. · The SPEAKER. It is not, because the pending motion is to sus l\fr. LAWRENCE. Then will the gentleman allow me to make an pend the rules and pass the bill. It would go to the Committee of the inquiry Y Why has not some provision been m:tde by law to collect Whole on a point of order, except for this motion. from property in the District of Columbia the amount of taxes neces Mr. FORT. There is where it ought to go, and I hope tho motion sary to pay the proportion of interest which should be paid by the to suspend the rules will be voted down. people of the District t The question wa-s upon seconding the motion to suspencl the rules. Mr. CIDPMAN. Because this Congress proposes to govern the Tellers were ordered; and 1\fr. GARFIELD and Mr. HoLMAN were District of Columbia, and cloes not give us a government of our own. appointed. Mr. GARFIELD. In answerto my colleague, [Mr. LAWRENCE,] I The House divided; and the tellers reported that there were will say that it is because Congress has made no law, a.s it should ayes 114, noes 40. have done, to levy taxes in the District of Columbia. There is no So the motion was seconded. tax levied in the District of Columbia for the next year, nor can there Mr. FORT and Mr. SPEER called for the yeas and nays on sus· be until w_e pass a la.w for that purpose. . pending the rules, and pa,ssing the bill with the amendment indi Mr. LAWRENCE. Is it proposed to pass such a law 'I cated. · Mr. GARFIELD. There is a bill for that purpose pending in the The yeas a,nd nays were· ordered. other bra.nch of Congress, and I suppose it will go through. The question was taken ; and there were- ayes 163, nays 62, not Mr. FORT. Why does the gentlemn,n not incorporate it in this voting 65 ; as follows: . bill. YEAS-Me~~srs . Albert, Albright, Archer, Averill, Barber, Bass, Biery, Brad 1\fr. GARFIELD. It is not part of my duty to do so. ley, BromberO', Buffinton, Bundy, Burchard, Bmleigh, Benjamin F. Butler, Roi Mr. LAWRENCE. It would be just as easy to pass this bill with erick R. BuUer, Carpenter, Cason, Cessna, Caulfield, Freeman Clarke, Clayton, Stephen A. Cob~J Coburn, Conger, Cottonil Creamer, CrOlmse, Crutchfield, Curtis, a provision attached for levying taxes in the District as to pass the Danford, Darrau, Dawes, Donnan, Due , Dunnell, Eamea, Eldredge, Farwell, Lill in its present form. The result of this will be that the Govern Field, Foster, Freeman, Garfield, Glo,er, Gooch, Hagans, Eu~ene Hale, Robert S. ment will have to pay the interest, and will never be reimbursed. I Hale, Hamilton, Hancock, Harmer, .Benjamin W. Harris, .IIarr1son, Hathorn, .John B. Hawley, Joseph R. Hawley, Gerry W. Hazelton, John W. Hazeltou, Hendee, would vote for this bill with a provision requiring taxes to be levied E. Rockwood Hoar, Hodgea, Hooper, Houghton, Hubbell, Hunton, Hmlbut, on the property of the people of the District to pay their share of the Hyde, Hynes, Kas on, Kelley, Kellogg. :Lamison, Lamport, Leach, Lewis, taxes. I will not vote for it without. I predict now that this District Lofland, Lowe, Lowndes, Maynard, McCrary, Alexander S. McDill Mac debt will be thrown upon the Treasury, and that the property in the Dougall, MaKee, McNulta,Monroe, Moore, Morey, Myers, Nealey, Nilea 0 1Brien, O'Neill, Orr, Orth, Pa<:kard, Pa~e. Isaac C. Parker, Parsons,"Pelham, Penilleton, District will escape taxation to pay any part of it. But it shall not Perry, Phelps, Pike, James H. Platt,jr., Thomas C. Platt, Poland, Pratt, Rainey, be so by any vote of mine, I would oppose all repudiation. I am un Ransier, Ray, Richmond, Robbins, Ellis H. Roberts, James W. Robinson, Rn k, willing the people of the District shall repudiate. I will not aid Sawyer, Henry B. Sayler, Schell, Scofield, Sener, Sessions, Shanks, Sheats, Shel them to do so. It is wrong. I will not agree to tax my constituents don, Sloan, Small, Smart, A. Herr Smith, George L. Smith, H. Boardman Smith, Sprague, Standiford, Starkweather, Charles A. ·stevens, St. John, Stone, Stowell, to pay a debt.which shouloi in large part be paid by the people of the Strait, Strawbridge, Swann, Taylor, Charles R . Thomas. Christopher Y. Thomas, District. · Thompson, Thornburgh, Todd, Tremain, Tyner, Waldron, Wallace, Jasper ll. Mr. WILSON, of Indiana. The gentlemen who are making the Ward, Marcus L. Wnril., White, Whitehouse, Wilber, George Willard, Charles G, objection to this bill that it does not provide a mo(le of levying taxes Williams, John M.S. Williams, William Williams, William B. Williams, Ephraim K. Wilson, Jeremiah M. \Vilson, Wood, and 'Voodworth-163. in the District of Columbia mnst know that at the la-st session of NAYS-Messrs. Adams, Arthur, Ashe, Atkins, Banning, Barrera, Begole, Bell, Congress a special committee of the two Houses was a.ppointed for Berry, Bland, Blount, Bowen, Bright, Brown, BucknerbCaldwell, Cannon. John tiJe very purpose of draughting a bill for the government of this B. Cfark, jr., Clemenffi, Cook, Chittenden, Cro sla.nd, eWitt, Durham, Finck, District. · This bill they reported, and it embodies all the necessary Fort, Giddings, Gunckel, Gunter, Henry R. Harris, John T. Harris, Hatcher, Havens, Hays, Hereford, Holman, Lawrence, Martin, McLean, Milliken, Mills, machinery for levying taxes upon the District of Columbia. "eal, Nesmith, Hosea W. Parker, Phillips, Read, William R. Roberts, James C. Mr. FORT. We have heard of that for a long time; but I ask the Robinson, Milton Sayler, John Q. Smith, Southard, Speer, Storm, Vance, White gen t.leman why he does not come forward wit.h his mea-sure 'l head, Whitthorne, Charles W. Willard, Willie, James Wilson, Wolfe, John D. Mr. WILSON of Indiana. That committee has made its report, and Young, and Pierce M. B. Young---62. 1 NOT VOTING- Messrs. Barnum, Barry, Beck, BniTows, Cain, Chittenden, that bill is pending; and it is not my business any more than that of Amos Clark, jr., Clymer, Clinton L. Cobb, Comingo, Corwin, Cox, Crooko, Davis, the gentleman from Illinois [1\fr. FORT] to have that bill rushed Dobbins, Eden, Frye, Herndon, Hersey, George F. Hoar, Ho~k.ins, Howe, Hunter, through the House. Kendall, Killinger, Knapp, Lamar, Lansin,!!, Lawson, Loughrid~e, Luttrell, Lynch, Magee, Marshall, James W . . McDill, Merri'lom, MitchelL, Morrison, Mr. LAWRENCE. Why might not a provision be introduced into Niblack, Nunn, Packer, Pierce Potter, Purman, Randall, Rapier, Ross, John th e bill to secure the collection of taxes in the District! G. Schumaker, Henry .J. Scnuder, !Ranc W. Scurl.der, Sherwoo<'!r Lazarus D. Mr. WILSON, of Indiana. I did not know of this billlmtil a few Shoemaker, Sloss, J . Ambler Smith, William A. Smith, Snvder, i::it:wa1·d, Alex days ago; but this bill itself provides that the money which it ap ander H. Stephens, Sypher, Townsend, Waddell, Walls, \Vells, Wheeler, and propriates shall be accounted for in making provision for the adjust Whiteley- 65. - ment of these accounts as between the District of Columbia and the So (two-thirds voting in favor thereof) the rules were suspended Government, and the bill passed. Mr. LAWRENCE. Which will never be done. Congress has already AMENDMENTS TO POST-OFFICE APPROPR:M.TION Bll.L. made advances on a promise of reimbursement, bnt there ha-s been no Mr. PLATT, of New York. I a.m instructed by the Committee on reimbursement. I see no effort to secure any. Ie this right 'l I think not. The property in this District is paying no tax. Is that right t the Post-Office and Post-Roads to move that the rules be suspended aDfl the resolution adopted wh~ch I send to the Clerk's desk. I think not. Mr. WILSON, of Indiana. The necessity for this bill is just this : The Clerk read as follows: Resolved, That when the bill making appropriations for the support of the Post;. Here is this interest maturing to-day ; and unless this money is pro Office Department for the year ending June 30, 1876, shall be peniling iu the Com vided the credit of the District, and, so far as the Government is mittee of the Whole House it shall be in order to consider propositions to change Lound, the credit of the Government is put in jeopardy. And this existing laws as follows, namely : • bill is introduced, as I understand it, simply for the purpose of meet First. Firing salaries of postmasters and the mode of compu~ same. Second. The manner of paying railroad companies for carrymg mails, so aa ing this temporary emergency until the necessary legislation can be to authorize the Postmaster-General to pay the e:xpensea of taking weights of mails h ad. on railroads out of appropriations for inland mail transportation. Mr. FORT. As discussion is not to be allowed, I do not propose to Third. So as to allow the Postmaster-General hereafter to pay experts and others make any speech upon this bill. But I desire to say that personal employed on the preparation and pub.lica.tion of post;. route maps out of appropri- ations for preparing and publishing such maps. . property is not taxed in this District, while personal property is taxed Fourth. So a.s to regulate the manner of advertising proposals for mail let;. in my district, and my constituents are called upon to help to pay tings in certain Stat-es, and to repeal the law requiring all advertisements, notices, this money. They told us when this measme was passed that they &c., to bA published in three daily papers in the District of Columbia. would provide that personal property in this District should be taxed. Fifth. Reguillting the manner of keeping, in the Sixth Auditor's Office, accounts Mr. CHIPMAN. Who told you so'l . for expenditures for Post-Office Department. Mr. F ORT. The gentleman representing this District would never :Mr. NIBLACK. What is the effect of that portion of the resolu tell me so. tion in regard to advertisements f Mr. CHIPMAN. Yon have the power to do it and I have not. l\Ir. PLATT, of New York. That relates particularly to advertise :M..r. FORT. No measure is brought forward here by the gentlemen ments for mail lettings in the State of Maryland and District of who have this in hand which proposes to tax the person.al property Columbia, and is in the interest of economy. in this District. I say it is not right. Mr. SP EER. The proposed a.menuments n.re in the interest of Ml.·. WILSON1 of Indiana. I presume the gentleman from Illinois economy' 1875. CONGRESSIONAL RECORD. 88[) Mr. PLATT, of New York. All of them. to "enlarge the said hotel in such a manner as may be compatible Mr. GARFIELD. The same resolution was offered last Monday by with the interests of the United States." And in that resolution it is- the Committee on Appropriations and objected to. P.rovideit, That such enlargement, or any building be.reafter erected by any per The motion to suspend the rules was seconded; and (two-thirds son or persons upon the lands of the United States at Fortress Monroe, shall be at voting in favor thereof) the rules were suspended, and the resolution once removed, at the expense of the respective owners, when ever the Secretary ot War shall deem such removal necessary, and no claim for damages shall be macle auopted. upon the Government of the United States: And provided further, That the builu· MESSAGE FROM: THE PRESIDEYr. ing so to be enlnrged shall be sulUect to taxation unuer State and national author· A message in writing from the President was communicated to the ity the same a.s other property. House by Mr. BABCOCK, his Private Secretary, who also informed the The rights of the Government are guarded to the utmost extent in House that the President had approved and signed the following this bill. It is permission simply to enlarge and improve the bui.ld bills: in~s, and grants the use of no more ground, the area now occupied An act (H. R. No. 3006) authorizing the President to nominate bemg sufficient. Holmes Wikoff an assistant surgeon in the Navy; Mr. BUTLER, of Massachusetts. I ask the gentleman if it is not An act (H. R. No. 3593) to constitute Patchogue, on the south side true that there is a cla,im pending aga.inst the Government for the of Long Island in the State of New Yerk, a port of delivery; tearing down of this hotel for military purposes during the war f An act (H. R. No. 4119) authorizing the Commissioner of the Gen Mr. HAWLEY, of Connecticut. I am not familiar with that mat I eral Land Office to grant a patent for certain . lands in the Territory ter, but I understand from the gentleman that those who owned this of Arizona ; and hotel during the war do m.ake. some clai~ against the Go"Yernment An act (H. R. No. 4163) to provide an appropriation for con_tinuing for damages in consequence of Its destructiOn. I do not think, how the construction of the post-officu and custom-house at Saint Louis, ever, that that has any connection with this question. The conven ~1issouri · ience and comfort of the officers of the Government and of the pub POSTAGE ON DOCUMENTS. lic in general require that there shall be a hotel at this point. Mr. FORT. I move that the rules be suspended, so that when House Mr. GARFIELD. I drew the original joint resolution. I would bill No. 4529, making appropriations for the service of the Post-Office ask if all this bill does is not to authorize tho building to be ex Department for the fiscal year ending June 30, 1876, and for other tended l pnrpnses, is under consideration in Committee of the Whole and in Mr. HAWLEY, of illinois. Yes, sir; it does not give the proprie- the House, it shall be in order to consider and adopt the following tor any more ground. · · amendment, changing existing law as to the rate of postage on cer Mr. GARFIELD. Does this bill contain the same limitations that tain mailable matter, to wit: the joint resolution contained f · Tliat hereafter thfi postage on any public document mailed bv the President, or Mr. HAWLEY, of Connecticut. Precisely; it contains the same head of any Executive Department, or member of Congress, or"by any ex-member limitations that were contained in that joint resolutjon, which I hold of Congress, within nine months after the expiration of his term of service, shall in my hand. be two cents for ea.ch pound; and the term " public document" is hereby defined to be any publication pnnted by the order of Congress or by either House thereof. :Mr. GARFIELD. I drew that joint resolution myself, and if the .A.ml when the words •· public document" shall be writt~n or printed thereon, or gentleman has followed that, the bill is well guarded. on the wra.pper thereof, an . 886 . CONGRESSIONAL RECORD. FEBRUARY 1, Mr. DAWES. I do not think it well to waste time; I do not beliove Mr. RANDALL. When will it be in order for the committee to it would be wasting time to have the meaaure understood. meetf The question being taken on seconding the motion to suspend the The SPEAKER. Immediately. They can report their action of a rules, previous meeting of which the gentleman from Pennsylvania. may The SPEAKER declared that the ''ayes" appeared to prevail. have possibly some knowledge. Mr. DAWES called for tellers. The motion for a suspension of the rules has been seconded. Tellers were ordered; and Mr. MAYNARD and Mr. DAWES were ap- :Mr. cox: I demand tellers. pointed. Tellers were ordered; and Mr. Cox, and Mr. BUTLER of Massachu- The House divided ; and tho tellers reported-ayes 79, noes 71. setts, were appointed. So the motion to suspend the rules was seconded. The House divided; and the toilers reported-ayes 147, noes 76. The question then recurring on agreeing to the motion, The SPEAKER. Two-thirds have not voted in the affirmative. Mr. DAWES called for the yeas and nays. Mr. RANDALL. I move to suspend the rules for the purpose of The yeas and nays were ordered. passing this resolution. The question was taken; and there were-yeas 104, nays 107, not The SPEAKER. There seems to be a misapprehension about voting 79; us follows: whether this was on seconding the motion to suspend tho rules or on YEAS-Messrs. Adams, Albert, Archer, Arthur, Ashe, Atkins, Beck, Bell, the suspension of the rules. · Berry, Bland, Blount, Bowen, Bright, Bromberg, Brown, Buckner, Roderick; R. Mr. RANDALL. The Cha-ir stated that there was a second, and this Butler, Cain, Caldwell, Carpenter, Cason, John B. Cl.uk, jr., Clements, Cl,ymer, Clinton L. Cobb Stephen .A .. Cobb, Comingo, Cook, Cox, Creamer, Crittenden, laat vote wru~ on the suspension of the rules, and two-thirds not having Crossland, Crutduiel~1 Danford, Davis, Durhamr;¥inck, Fort, Freeman, Giddings, voted in favor thereof, the rules are not suspended. Glover, Gunter, Hamilton1 , Hancock, Henry R. .1:1arris, John T. Harris, Harrison, The SPEAKER. Perhaps the Chair stated there was a. second, but Hatcher, Hereford, Herndon, Hodges, .Holman, Hunton, Hyde, Hynes, ~app , if members misunderstood the Chair they ought to have an oppor Lamison, Leach, Lofland, Luttrell, Martin, Maynard, McLean, McNulta, M1lliken, Mills, Neal, Nesmith, Niblack, O'Brien, Hosea W. P•uker, Isaac C. Parker, tunity to correct it. Pelham, Perry, Rainey, Randall, Ransier, Rapier, Read, Robbins,. William Mr. CESSNA. I demand the yeas and nays on the suspension of R. Roberts, Senor, Sheats, Sloan, Sloss, Southard, Speer, Sprague, Storm, Sypher, the rules. Charles R. Thoma.'!! Cbristo\}her Y. Thomas, Thornburgh, Vance, Waddell, Wal· Mr. ELDRED'GE. The Chair cannot substitute one motion for lace, White, Whitenead,1 Whitehouse, Whiteley, Whitthorne, Charles G. WillL"ms, Willie, and Wolf&-104. another upon which a vote has taken place. NAYS-Messrs. Albright, Averill, Banning, Barber, BeJtole, Biery, Bradley, Bof· The SPEAKER. 'There was a. misunderstandin~ on tlie part of the ftnton, Burchard, Burleigh, Burrows, Benjamin F. Butler, Cannon, Cessna, Chit House that they are voting on seconrlin~ the motion to t:mspend the tenden, Freeman Clarke, Conger, Corwin, Cotton, Da.wes, Donnan, Duell, Dunnell, rules and not upon a suspension of the rules. The tellers will again Eames, Foster Garfield, Gooch, Eugt'lne Hale, Robert S. Hale, Harmer, Benjamin W. Harris, Hathorn, John B. Hawley, Joseph R. Hawley, John W. Hazelton, E. take their places. Rockwood Hoar, Hooper, Hoskins, Houghton, Hubbell, Hurlbut, Kasson, Kelley, Mr. BUTLER, of Massachusetts. We now demand the yeas and Kellog~, Lan.sing, Lawrence, Loughridge, Lowe, Lowndes, Lynch, McCrary, .Alex nays on a. suspension of the rules. ander i::>. McDill, James W. McDill, MacDougall, Merriam, Monroe, Moore, Myers, The SPEAKER. The motion to suspend the rules has been seconded. O'Neill, Orth, Packard, Page, Parsons, Pendleton, Phillips, Pierce, Pike, Thomas C. Platt, Pratt, Ray, Richmond, Ellis H. Roberts, James W. Robinson, Ross, Rusk, The yeas and nays were ordered. So.wyer, Henry B. Sayler, 'Milton Sayler, Henry J. Scudder, Shanks, Small, Smart, A. Herr Smith, H. Boardman Smith; John Q. Smith, Stanard, Starkweather, MESSAGE FROM THE SENATE. Charles A. Stevens, St. John, Stone, Strait, Thompson, Todd, Tr6lllain, Tyner, Waldron, Jasper D. Ward, Marcus L. Ward, Wells, Wilber, Charles W. Willard, A message from the Senate, by Mr. SYMPSOY, one of their clerks, in George Willard, John M.S. Williams, William B. Williams, James Wilson, Jere. formed the House that that body had concurred in the amendment mlah M. Wilson, and Woodworth-107 of the House to an act (S. No. 1204) for the payment of interest on NOT VOTING-Messrs. Barnum, Barrere, Barry, Bass, Bundy, Caulfield, Amos the 3.65 bonds of the District of Columbia. Clark, jr.~ Clayton, Coburn, Crooke, Crounse, Curtis, Darrall, DeWitt, Dobbins, Eden, El<1redge, Farwell, Field, Frye, Gunckel, Hagans, Havens, Hays, Gerry W. ENROLLED BILL Hazelton, Hendee, Hersey, George F. Hoar, Howe, Hunter, Kendall, Killinger, Lamar, Lamport, Lawson Lewis, Magee, Marshall, McKee, Mitchell, Morey, :Mr. PENDLETON, from the Committee on Enrolled Bills, reported Morrison, Negley, Niles, Nunn, Orr, Packer, Phelps, James H. Platt, jr., Poland, that they examined and found truly enrolled an act (S. No. 1204) for Potter, Purnmn, James C. Robinson, Schell, John G. Schumaker, Scofield, Isa.ao W. the payment of interest on 3.65 bonds of the District of Columbia; 1 Scudtler, Sessions, Sheldon, Sherwood, Lazarus D. Shoemaker, George L, Smith, J. Ambler Smith, William .A. Smith, Snyder, Standiford, .Alexander H. Stephens, when the Speaker signed the same. Stowell, Strawbridge, Swann, Taylor, Townsend, Walls, Wheeler. William Will .ll!ENDME...."'IT OF THE iams, Ephraim K. Wilson, Woo4, John D. Young, and Pierce M.. B. Young-79. RULES. So (two-thirds not votn;g in the affirmative) the rules. were not Mr. ELDREDGE. Let us have the motion of the gentleman from suspended. Massachusetts again read. . During the roll-call, The motion of Mr. BUTLER, of Massachusetts, was again read. Mr. HAZELTON, of Wisconsin, said: On this question I am paired The question was taken; and it was decided in the negative-yeas with my colleague, Mr. ELDREDGE. If he were here he would vote 169, nays f?!1, not voting 34 ; as follows: in the affirmative, while I would vote in the negative. · YE.A8-Messrs. Albert, Albright, Averill. Barber, Barrere, Ba6s, Begole, Biery, Bradley Buffinton, Bundy, Burchard, Burleigh, Burrows, Benjamin F. Butler, The result of the vote was announced as above stated. Roderick R. Butler, Cain, Cannon, .Carpenter, Cason, Freeman Clarke, Clayt.on, Mr. MAYNARD. I ask unanimous consent that this bill may be Clements, Clinton L. Cobb, Stephen .A. Cobb, Coburn, Congl'\r, Corwin, Cotton, referred to the Committee on Ways and Means and ordered to be Crounse, Crutchfield, Danford, Darrell, Dawes, Donnan, Duell, Dunnell, Eames, printed. Farwell, Field, Fort, Foster, Freeman, Garfield, Gooc~ Gunckel, Hagans, Eugene Hale, RobertS. Hale, Harmer, Benjamin W. Harris, .1:1.arrison, Hathorn, Havens, There being no objection, it was ordered accordingly. John B. Hawley, Joseph R. Hawley, Hayes, Gerry W. Hazelton, John W. Hazel AMENDMENT OF THE RULES. ton, Hendee, E. Rockwood Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Hub bell, Hurlbut, Hyde, Hynes, Kasson, Kelley, Kellog~, Lansing, Lawrence, Lewis, Mr. BUTLER, of Maagachuaett& I move to suspend the rules to Lofland, Loughridge, Lowe, Lowndes, Lynch, Martm, Maynard, McCrary, Alex adopt the following resolution : ander S. McDill, James W. McDill, MacDougall, McKee, Merriam Monroe, Morey, Resolved, Th."t the rules be so far sugpf\nded as to allow the Committee on Rules Mvers, Negley, Niles, O'Neill, Orr, Ort-b, Packard, Pa~-te, Isaac C. Parker, Parsons, Pe'lham, Pendleton, Phelps, Phillips, Pierce, Pike, James H. PL"tt~ jr., Thomas C. to report to t.he House at the present tUne, for consideration, amendment·, and action, Platt, Poland, Pratt, Rainey, Ransier, Rapie!J., Ray, Richmond, Ella H. Roberti!, any new ruled or changes of rules a&id committee may desire to report; and that James W. Robinson, Ross, Rusk, Sawyer, .1:1.enry B. Sayler, Scofield, Henry J. during tho consideration and discussion of any such report and amendments offered Scudder, Isaac W. Scudder, Sessions, Shanks, Sheats, Sheldon, Sloan, Small, Smart, thereto the Speaker shall entertain no dilatory motion whatever~ and that the dis enssion upon the rule and amendments thereto shall not exceeu one hour, unless .A. Herr Smith, George L. Smith, H. Boardman Smith, John Q. Smith, Snyder, otherwise ordered by the House. Sprague, Stanard;. Starkweather, Cha.rles A. Stevens, Stowell, Strait, Strawbridge, Sypher, Taylor, L;ha.rles R. Thomas, Christopher Y. Thomas, Thomp on, Thorn· Mr. RANDALL. Is it not iii order to suggest that the Committee burgh, Todd, Tremain, Tyner, Waldron, Wallace, Jasper D. Ward; Marcus L. f Ward, White, Whiteley, Wilber, Charles W. Willard, George Willa.rd, Charles G. on Rules have leave to meet first Williams, John .M. S. Williams, William Williams, William B. Williams, James Mr. COX. That bas to be referred. Wilson, JeremiahM. Wilson, and Woorlworth-169. Mr. RANDALL. I should like to have the rules first suspended to NAYS-Messrs. .Adams, Archer. Arthur, Ashe, Atkins, Banning, Beck:, Bell, have the Committee on Rules meet. Berry Bland, Blount, Bowen, Bright, Bromberg, Brown, Buckner, Caldwell, Caul field, John B. Clark, jr., Clymer, Comingo, Cook, Cox, Creamer, Crittenden, Cross· The SPEAKER. The motion is to suspend all rules. land, Davis, Drrrham, Eden, Eldredge, Finck. Giddings, Glover, Gunter, Hamilton, Mr. CESSNA. It is the same question already decided. Hancock. Henry R. Harris, John T. Harris, Hatwer, Hereford, Herndon, Holman, The SPEAKER. All the points of order which have been made Hunton, Knapp, Lamar, Lamison, Leach. Luttrell, Magee, McLean, Milliken, Mills, heretofore have been made under the rules, but this proposes suspen Morrison, Neal, Nesmith, Niblack, O'Brien, Hosea W. Parker, Perry, Potter, Ran dall, Read, Robbins, William R. Roberts, Milton Sayler, Schell, John G. Schu· sion of all rules. m~ker, Sener, Sloss, Southard, Speer, Standiford, Stone, Storm, Swann, Vance, .Mr. RANDALL. Let us have the yeas and nays. Waddell, Wfllls, Whitehead, Whitehouse, Whitthorne, Willie, Ephraim K. Wilson, Mr. COX. Does not this require notice, aa it is a change of the Wolfe, Wood John D. Young, and Pierce M. B. Young--87. rules f NOT VOTING-Messrs. Barnum, Barry, Cessna, Chittenden, Amos Clark, Jr., Crooke, Curtis, DeWitt, Dobbins, Frye, Hersey, George F. Hoar, Hunter, Kendall. The SPEAKER. The proposition is to suspend the rules. It is a Killinger, Lamport, Lawson, Marshall, McNulta, Mitchell, Moore, Nunn, Packer, suspension of all rules. Purman, James C. Robinson, Sherwood, Lazarus D. Shoemaker, J. Ambler Smithl Mr. RANDALL. It is..rather sharp pract.ice but withiu the line of Wil.l.iam A. Smith, Alexander H. Stephana, St. John, Townsend, Walls, ana the rules. Wheeler-34. Mr. CESSNA. It is precisely the same question ruled upon by the So (two-thirds not having voted in the affirmative) the rules were Chair last Monday. There can be no doubt about the rule. It simply not suspended. brings before the House for discussion a.nd consider:ation a report of During the vote, the Committee on Rules. Mr. MOORE stated that he was pa.ired with Mr. S:mrn, of Vir- 1875. CONGRESSIONAL RECORD. 887 ~nia., who if present would vote in the negative, while be would vote Tho SPEAKER. That is sufficient to exclude the gentleman from m the affirmative. · voting. Mr. THEMAIN stated that his colleague, 1\!r. LAWSON, wa.s called Mr. RANDALL. Is it not the duty of the Chair to .1Ilnounce tho away from the Honse by the death of his siRter. result of the vote Mr. SHANKS stated that llis colleague, Mr. HU:NTER, on account of The SPEAKER.. Yes, when members have voted. illness, was unable to be present in the House. · The result of the vote wa-s then announcecl as above recorded. Mr. WARD, of New Jersey, stated that his colleague, l\ir. CLARK, RELIEF OF SUFFERERS FROM GRASSIIOPPERS. was absent on account of sickness. . Mr. WILLIAMS, of Wisconsin. I ask my name be called. Mr. COBB, of Kansas. l move that the rules he so suspended that The Clerk called the name of Mr. WrLLI..L"YS, of Wisconsin. I may introduce, and the House may paas, a bill to provide for the Mr. WILLIAMS, of Wisconsin. I vote in the affirmative. relief of persons suffering from the ravages of grasshoppers. Mr. RANDALL. Was the gentleman withill the bar when the last Tho bill was read. It authorizes the Presiclont of the United States name of the roll was called f to direct the issue, through the proper officers of the Army, tempo Mr. WILLIAMS, of Wisconsin. I was here during the entire roll rarily, of supplies of food and disused Army clothing sufficient to call. prevent starvation anll suffering a.nd extreme want to any and all The SPEAKER. The Chair assumes, as he pnts the question, that destitute and helpless persons living on the western frontier, who every gentleman offering to vote doeR so on the assurance be wa-s have been rendered so destitute and helpless by the ravages of 'vithin the bar when the last name was called-that all gentlemen grasshoppers during the summer last past, and to report w Con offering to vote were within the bar at that time. gress such issue of food and clothing; and the bill appropriates the Mr. RANpALL. I merely want to guard a-gainst any mistake. sum of $150,000, or so much thereof as may be necessary, out of any The SPEAKER. Had the gentleman any information or be lief that money in the Treasury not otherwise appropriat~d, to carry out its the gentleman from Wisconsin was not within the bar when the last provisions. name was called f The second se-ction provides that this act shall expire on the 1st Mr. RANDALL. I made it irrespective of persons. day of September, 1875. The SPEAKER. The Chair does not regard it as proper in any l\Ir. COBB, of Kansas. I nsk tho attention of the House while I case, because the honor of every gentleman upon the floor must be say just a word on thiM bill. The snpject of course every one is famil regarded the same as that of the gentleman from Pennsylvania. The iar with, but the question may be asked why this bill should not gentleman must not intimate the honor of the gentleman from Wis come through the regular appropriations committee. It i8 for this consin is not equal to his own. reason, that the Committee on Appropriations, aa regards a bill of Mr. RANDALL. I made no intimation of any one, and I will not this kind, have not the right to report at any time. allow the Chair to endeavor to make me make any such intimation. And now, in connect.ion with the bill, I a~k to have read a com The SPEAKER. No; but the gentleman will observe t.hat the mnnicn.tion addressed·to me by General Ord, commander of the De form of putting the question is such that every gentleman offering to partment of the Platte, and who is also chairman of tho State relief vote does so upon the assurance that he was within the bar before committee in the State of Nebraska. the last name on the roll was called. Let me add, Mr. Speaker, that no one o.n this floor regrets the ne Mr. RANDALL. As to that I will say-- cessity which compels me to bring this measure before the Houso The SPEAKER. The Chair will state his point, because it is an so much as myself. It is to the last degree offensive to my pride as important one, and a misunderstanding of it nnght lead to very harsh one of the Representatives of this afilicted section of the country, feelings. If a gentleman, either from forgetfulness or from a more and I am impelled to it now only because this relief, in my opinion, serious cause, should offer to vote when be had not been within the is the only means to save many of my people from the horrors of bar before the last name on the roll was called, and any member knew death by starvation and expo~ure. Private relief bas been boun it, it would be that member's duty to state the fa-ct. But the Chair teous, but inadequate. The act '>f Ged alone could reduce us to this cannot regard it as a right of any member to catechise a. gentleman extremity. The Clerk read u.s follows: when be rises to vote as to whether be is performing his duties hon WASHINGTON, February 1, 1875. orably. Sm: In my position as commander of the Department of the Platte and chairman Mr. RANDALL. Can we not have the privilege of calling the atten of the State aids working committee of Nebraska, I have aa.tisfied myself that tion of a gentleman to the rule in case be may have voted under a there is a. famine prevailing in Western Nebraska and Kansall, and that probablv misapprehension f thirty thousand persons and thein\Ili.ma.ls arc in danger of starving unless food be sent them speeclily. I sa.y probably, for I can only speak of Nebraska with cor The SPEAKER. If the gentleman so calling the attention of the taintyJ having inspec-tion reports of reliable officers from nearly every county devas member voting baa any ground for doing so. tated oy the gra.sshoppers; and these officers, after reducing the applicant3 to the Mr. RANDALL. I have a reasonable right to presume that the lowest number co.m~istcut with humanity, swearing applicants as to their means and gentleman might have been absent if he did not answer when his striking from their list.s nU single men or others with resources convertible into food, compel our aid committ-ee rn Nebraska. to iesue suppli011 t<> 13,502 persone in name was called. thirty-seven counties. Two monthe since we issued to but nine thoueanrl, but ex The SPEAKER. The Chair thinks nQt. hausted resources increased the number daily. I believe the distress is still greater Mr. WILLIAMS, of Wisconsin, rose. in Kansaa beca.u.c;e I learn th&t the grasshoppers, after dP.stroying all in thoir way across Nebraska., settled on the then fair fi elds of KanP'a..'!, and destroyed all they The SPEAKER. The Chair will hear the gentleman from Wiscon could find as far west as Colorado. sin. The charity of t-housands in our country, and the President by the issue of con· Mr. WILLIAMS, of Wisconsin. I rise not because I think the gen demned clothing, aided by the liberality of thE'I railroad comp"\Ilies, ha.ve so far fed tleman from Pennsylvania [Mr. RANDALL] is capable of putting any and clothed tho sufferers; but the question oheed is now Ul>OD them. Thl'ir teams a.re dying in large numbers ; but ii tho Government will provide food for the abso imputation upon my veracity. but simply to say that at the moment lutely destitute, all the available means of aid -l!IO<'ieties, State L egislatures, and my name was called gentlemen were making inquiries of•me and my Patrons of Husbandry can be used to obtain seed. This L., a,., much a-s t-hey can pos attention was diverted from the roll-call. sibly do, for in Nebraska alone nearly three hundr&l thousand acres of land are Several members called for the regular order. plowed in the district which hM boon devast.ated. I inclose :-.n abstract (markou A) _of_ t-he issnes (principally breadstuffs) made by the aid society for- this month. The SPEAKER. The Chair will not permit the regular order to Thisiasue exhaust.s the1rfunds. be c&lled u-pon any gentleman's replying to an imputation on his I inclose also an abstract, (ll,) which is General Romick's report of the names of word, so long as the chair is filled by its present occupant. . the applicants for r elief in one township, showin11: their resources in det.aif. to the Mr. RANnALL. Do I understand the gentleman from Wisconsin truth of which statement each applicant waa required to swear, and showing fur. f ther bow he struck from the list~ as having resources conTertible int<> food,. eighteen [Mr. WILLIAMS] to reflect upon me in any particular out of the twenty-nine applicant3. This Iule of swearing :\ppli.oa.nta is now unii.~1r~ Mr. WILLIAMS, of Wisconsin. I do not think it is necessary for sally applied. me to reiterate what I bn.ve said. · These people have been largely induced by donations of Government lands t<> set The SPEAKER. This is a point which must never be raised on a tle where they now are, and have also been promised a!lsiatanee in their distress if they would romain. With the mercury ran{,ring bolow zero ancl their stock iil a member unless upon information. . . state of starvation, it is now impossible for them to lea.Ye, even.w.c:re they so inclined. Mr. WILLIAMS, of Wisconsin. Does the gentleman from Pennsyl But their lands are valnablE.'I, the oountry bealthy and prodnctivfl, ancl with a little vania n9w cast the suepicion u~on me that I was not in the House . aid from the Government in this their·hoUI of need tboy w:ill gladly romaiu·and!be- during the roll-call f cowe nseful citi:wn!>. · I am, sir, very reepectfnlly,.your obedient Bervant,.. Mr. RANDALL. I have not done so at anv time. And I will not E: 0: 0. ORD, permit the gentleman to reflect upon me either. I want him to Brigadier-General; United Statu Army. understand that distinct.ly. Ron. STBPimN A.. Con:s,. Mr. Mc)CULTA. I wish to inquire whether, being in the lobby Ho-use of .Repre&enta,t;i'Oea, Washington, D. a when the roll was called, I am entitled to votef Mr. COBB, of Kansas. I m~k also that a. letter from th0- Commis The SPEAKER. If the gentleman was not within the bar when sioner of Agricultur.e in relation to this subject be read. the last name on the roll was called he is not entitled to vote. Was The Clerk read aa follows: the gentleman then in the Hall f DEPArt~~ OF AGRICULTURE, Mr. RANDALL. Now you see the propriety of my question. Washington, January 26, 1875. Sm: The promptness witli· which· you- desire· that your letter of the 24th instant The SPEAKER. But the gentleman from illinois himself raises sbould"oe answered renders itHmpossible t<> gke 3nything more than an approxi tho question. ma.te estiJna.te..of· the extent and severity of too il\jnries intliote - 888 CONGRESSIONAL RECORD. 'FEBRUARY 1, Minnesota also report injuries, but not to compare in seve~ty wi~h. those of the Mr. BUTLER, of Massachusetts. I offer the resolution which I country farther west. I am satisfied that the extent of territory vlstt.ed _by these insects in 1874 very considerably exceeds one hun!lred thousand square miles. send to the Clerk's desk. econtl. The "grasslJOpper district" west of the Missouri embraces the mass of Mr. BECK. I desire to know if I cannot be heard heref I have the population of the Staf.e:s ~f J_r:an a ~cl Nebrask:'l' and of S~mthern Dak~ta, moved that the Hou e adjourn. a.monntino- to over half a million m 1870, w1th a large mcrement smce. Including The SPEAKER. But the Chair recognized the gentleman from the countlc east of the 1tfusouri in Iowa and Minne ota, more or less affected by Maasachusetts, [Mr. BUTLER.] the plague, I think it no~ at all extrav~gai?-t to assign three-qua.rters of a million as the approximate populatian of these districts. 1\h. BECK. After I had made my motion distinctly. Third. From returns received by the Commi sioner of Agriculture, in Kansas it The SPEAKER. The gentleman from Kentucky could not make n.pprars that cases of total de titl1tion in fifty counties re:ported vary from forty to the motion until he wa.a recognized. two thousand. Reports from counties not in this list, rece1veu by ~is Department, a how injuries a se"\'"ere as in any others. The avera~e of sue~ cases m the returns to Mr. BECK. It is very hard for us to be recognizerl here. thoComrui.ssioner from Kansas is five hundred and tifty-fivem each county. These Mr. RANDALL. We want the recognition to chasse over to this do not include cases of partial de titution, which in some counties are 41.uite la.t:~e, side of the House sometimes. ranging from twenty-si~ to one thousand. The cases of total .an~l partial desti~ The SPEAKER. The resolution of the gentleman from Massachu tion in these fifty counties amount to over forty thou.'land, while mother count1es there are probably ca-ses unreported sufficient to swell the agiP'egate to fifty thou setts will now be read. sand. In the more thickly populated counties of Nebraska. ana Dakota the number The Clerk read the resolution, as follows: of snch case , of course, IS smaller. Adding cases east of the Missouri, I do not Resolved, That the rules be so suspended that inrmediately after the reading of think it out of the way to estimate the number of our people more or less severely the Journal on Tuesday ruorning the Committee on Rules shall havu leave to report atlected by this pest at from seventy-five to one hundred thousand. such changes or amendments to the rules as they see fit, and during the considera Very respectfully; tion of such reports and any amendments thereto or any rule reported no dilatory FREDK. WATTS, motions whatever shall be entertained by the Speaker, and all debate shall cease Commissioner. thereon within one hour aft~r such report shall be made. Hon. STEPHEN .A.. COBB, House of Repruentativea. The SPEAKER. The question is on suspending the rules and 1\Ir. DUNNELL. I hope if action is to be ha{l upon this bill at the adopting the resolution, and pending that the gentleman from Ken present time it will receive the favorable consideration of the House. tucky moves that the House do now adjourn. The question waa put on seconding the motion to suspend the rules, Mr. BECK. I did not make my motion pending the motion to sus aud no quorum voted. pend the rules; I made it before the gentleman from Ma sachusetts Tellers were ordered; and Mr. COBB, of Kansas, and Mr. ELDREDGE ·1ya.a seen. I withdraw the motion. were appointed. Mr. BUTLER, of Massachusetts. I take issue with the gentleman The House divided; and the tellers reported-ayes 122, noes 26. on the questio.u of fact. So the motion was seconded. The SPEAKER. The gentleman from Kentucky [Mr. BECK] cer The question recurred on the motion to SUBpend the rules; :md tainly will not- being put, there were-ayes 102, noes :n. llr. ELDREDGE. If the gentleman from Kentucky withdraws :Mr. YOUNG, of Georgia. I call f~r the yeas and nays. his motion on that point I will renew it. The yeas and nays were ordered. The SPEAKER. The gentleman-from Kentucky stands on alto The question was taken; and there were-yeas 172, nays 49, not gether too narrow a point. voting 69 ; :18 follows: Mr. ELDREDGE. There are others here who stand on avery nar YEAS-Me srs. Albert, Albright, Atkins, Averill, Barber, :Barrere, Bass, :Begole, row point, and perhaps "fiery billows await their fall below;" we :Biery Bland, Buffinton, Bundy, Burchard.,~. Burleigh, BurrOW!)_ Benjamin F. But will take the chances. ler, Roderick R. Butler, Cain, Cannon, t;arpenter, Cessna, .(.;layton,. Clements, The SPEAKER. It is the ri~ht of a member to move to suspend Clinton L. Cobb, Stephen A .. Cobb, Coburn, Comingo, Con~~r, Corwm, Cotton, the rules and submit a proposition, and it is then the right of any Cronnee, Crutchfield, Curtis, Darrall, Dawes, Doiman, Dueu., Eames, Farwell, Field Fort, Foster, Freeman, Garfield, Glover, Gooch, Hagans, Robert S. Hale, other member to move to adjourn. Ban~er, Han-ison, Hatcher, Hathorn, Havens, Jobn B. Hawley, Joseph R. Haw Mr. ELDREDGE. We cau see very well the effect of a motion to ley, Hays, Gerry W. Hazleton, John W. Hazleton, Hendee, Herndon,_ Hodges, adjourn at one point of time and at another. I do not mean to im Houghton, Howe, Hubbell, Hmlbut, Hyde, Hynes, Kelley, Lamar, ~ansmg, Law pugn the decision of the Speaker, for I do not know anything about rcnoe Lewis, Lotland, Louo-hridge, Lowe, Lowndes, Lynch, Martin, Maynard, :McC~y, Alexander S. McDfil, James W. ~cDill, MacDougall, Mr.Kee,_ McN~ta, it, not having been her when the gentleman from Kentucky made Merriam, :Monroe, Moore, Morey, Mornson, Myers, Ne~ley, Nesmith, Niles, his motion. But I move that the Honse now adjourn, and on that O'Brien O'Neill Orr, Orth, Packard, Pao-e, Hose.'\ W. ParKer, Isaac C. Parker, motion I call for the yeas and nays. Parson~ Pelha~, Pendleton, Perry, Phlllips, Pierce, Pike, James H. Platt, jr., The yeas and nays were ordered. Thomas' C. Platt, Pratt, Rainey, R.andall, Ransier, Rapier, Ray, Richmond, Ellis H. Roberts, James W. Robinson, Ross Rusk, Sawyer, Henry B. Sayler, Milton The question was taken; and there were-yeas 85, nays 160, not Sayler lleury J. Scudder, Isaac W. Scudder, Sener, Sessions, Shanks, Sheats, Shel voting 45 ; as follows : · don Sioss Smart< A. Herr Smith, George L. Smith, H. Boardman Smith, Speer, YEAS-Messrs. .Adams, Archer, Arthur, .1.sbe, Atkins, Banning, Beck, lleJI, Sprn!!Ue 'stanara, Starkweather, Charles A. Stevt~ns, St. John, Stowell, Strait, Berry, Bland, Blount, Bowen, :Bright, Bromberg, Brown, Buckner. Caldwell, Can1. Swam Sypher Taylor, Charles R. Thomas, Christopher Y. Tbomas, Thompson, field, John B. Clark, jr., Clymer, Comingo, Cook, Cox, Crittenden, Cro la.nd, Davis, Thornbm·gh T~dd, Tremain, Tvner, Vance, Wallwe, Jasper D. Ward, Marcus L. DeWitt, Durham, Eldredge, Finck, Giddings, Glover, Gunter, Hamilton, Hancock, 'Yard White Whitehouse, w·hiteley, Wilber, Georse Willard, Charles G. Will Henry R. Harris, John T. Harris, Hatcher, Hereford, Herndon, Holman, Hunton, iam!'!, 'william' Williams, William B. Willi:LID8, Willie, James Wilson, Jeremiah Knapp, Lamar, Lamison, Luttrell, Mao-ee, McLean, :Milliken, :Mills, Mot'ri on, :M. Wilson, Wolfe, and Woodworth-172. Neal, Nesmith, Niblack, O'Brien, HoseaW.Parker, Perry, Potter, Randall, Road, NAYS-Me srs. Adams Archer, Arthur, .Ashe, Beck, :Bell, Blount, Bowen, :Bright, Robbins, William R. Roberts, James C. Robinson, Milton Sa~- ler Schell, John G, :Brpmberg, Brown,. Buckner, Caldwe~ Caulfield, John B. Clar:k, jr., C:lYJ~er, Cook, Schumaker, Slo s, Southard, Speer, Standiford, Alexandor H. Stephens, Stone, Creamer, Crittenaeu, Crossland, Davts, Durham, Eldredge, Finck, G1ddin~s, Gun Storm, Vance, Waddell, Wells, Whitehead, Whirehouse, Whittborne, Willie, t~r Hanrilton, Hancock, Benjamin W. HM'ris, Henry R. Harris, Hereford, E. Ephraim K. Wilson, Wolfe, Wood, John D. Young, ancl Pierce M. B. Young-85. Ro~kwood Hoar, Hoskins, Hunton, Milli_ken, Mills, ~eal, Potter, Read, Ro~bins, NAYS-Messrs. Albert, Albright, Averill, Barber, Barrere, Bass, Be~le. Bi ry, James C. Robinson, Waddell, Wells, Whttehead, Whitthorne, Charles W. Willard, Bradley, Buffintou, Bundy, Burchard, Burleigh, Burrows, Benjamin .J:<·. Butler, Wood John D. Young, .1Ild Pierce M. B. Yonng-49. · Rouerick R. Butler, Cain, Cannon, Carpenter, Cason, Cessna, Frooman Clarke, NOT VOTING-Mesers. Banning, Barnum, Barry, Berry, :Bradley, Ca-son; Chit Clayton, Clements, Clinton L. Cobb, Stephen A. Cobb, Coburn, Conger, Corwin, tenden Amos Clark,__jr., Freeman Cla.rke, Cox, Crooke, Danford, DeWitt, Dob Cotton, Crounse, Crutchfield, Curtis, Danford, Darrall, Donnan, Duell, Dunnell, bins, Dunnell, Eden, Jfrye, Gunckel, Eugene Hale, John T. Harris, :S:ersey, George Eames, Farwell, Field, Fort, Foster, Freeman, Gooch, Gunckel, Hagans, Rob rt. S. F. Roar, Holman, Hoo_per, Hunter, Kas o~ Kellogg, Kendall, Killinger, Knapp, Hale, Harmer, Benjamin W. Harris, Hathorn, Havens, John B. Hawley, JoReph R. Lamison Lamport, Lawson, Leach, Luttrell, Ma~, Marshall, McLean, Mitchell, Hawley, Hays, GerryW.Hazelton, John W.Hazelton, E. Rockwood Hoar, Horlges, Niblack,'Nunn, Packer, Phelp , Poland, Purman, william R. Roberts, Schell, John Hoskins, Houghton, Howe, Hubbell, Hurlbut, Hynes, Kasson, Kelley, Kellogg, G. Schumaker Scofield, Sherwood, Lazarus D. Shoemaker, Sloan, Small, J . .Ambler Lawrence, Lofland, Loughri~e, Lowe, Lowndes, Lynch, Maynard. McCrary, Smith, John Q'. Smith, William A. Smith, Snyder, Southard, Standiford, .Alexander Alexander S. McDill, James w. McDill, MacDougall, McKee, McNulta, :Monroe, ll. Stephens, Stone, Storm, Strawbridge, Townsend, Waldron, Walls, Wheeler, Moore, :Morey, Myers, Negley, Niles, O'Neill, Orr, Orth, Packard, Pa~, Isaac C, Jolm M.S. Wllliams, and Ephraim K. Wilson-69. Parker, Parsons, Pelham, Pendleton, Phillips, Pierce'-Pike, James .tt. Platt, jr., So (two-thirds voting in favor thereof) the rules were suspended Thomas C. Platt, Pratt, Rainey, Ransier, Rapier, Ray, .!!;ills H. Robert , James W. Robinson, Ross, Rusk, Sawyer, Henry B. Sayler, Scofield, Henry J. Scudder, Isaac and t.he bill (H. R. No. 4544) was pa sed. . W. Scudder, Sessions, Shanks, Sheats, Sheldon, Sloan, Small, Smart, A. Herr During the roll-call the following announcement was made: Smith, George L. Smith H. Boardman Smith, John Q. Smith, Snyder, Sprague, Mr. SLOAN. I de ire to state that I am paired upon this question Stanard, Starkweather, Charles A. Stevens, St. John, Stowell, Strait, St;rawbriilge, with the gentleman from California, Mr. LUTTRELL. If he were Sypher, 'l'aylor, Charles R. Thomas, Christopher Y. Thomas Thompson, Thorn bnrgh, Todd, Tremain, Tyner, Waldron, Wallace, Jasper D. Wa.rd, Marcus L. here he would vote "no," while I would vote" ay." Wa.rd, White, Whiteley, Wilber, Charles W. Willard, George Willartl, Charles G. The result of the vote was announced as above recorded. Willianls, Jolm M. S. Williams, William Williams, William B. Williams, James Wilson, Jeremiah M. Wilson, and Woodworth-160. MESSAGE FROM THE SENATE, NOT VOTING-Messrs. Barnum, Barry, Chittenden, Amos Clark, jr., Crea.mer, A message from the Senate, by Mr. SYl\IPSO~ , one of their clerks, un Crooke, Dawes, Dobbins, Eden, Fryfl, Garfield, Eugene Hale, Ranison, Hendee, nounced that the Senate had a~reed to the concurrent resolutions of Hersey, George F. Hoar, Hooper, Hunter, Hyde, Kendall, Killinger, Lamport, the Honse providing for the prmting of additional copies of the re Lansing, Lawson, Leach, Lems, Marshall, Martin, Men-iam, Mitchell, Nunn, Packer, Phelps, Polanu1 Purmau, Richmond, Saner, Sherwood, Lazarus D. Shoe port of the Commissioner of Fish and Fisheries for the years 1872 and maker, J. Ambler Silllth, William A. Smith, Swann, Townsend, Walls, and 1873 . Whooler-45. . The message further annotmce~ t.hat the Senate had passed a bill So the motion to a.d.j0urn waa not agreed to. (H. R. No. 3825) to amend the natwnal-bank act, and fixing the com The SPEAKER. The ques~on recurs upon seconding the motion pen ation of national-bank examiners, with amendments in which to suspend the rules and adopt th0 resolution offered by the gentle he was directed to ask the concurrence of the House of Representa man from Massachusetts. tives. Mr. GARFIELD. I wonld uggest to the gentleman to modify his Al\1E.NDMENT OF THE RULES. re,solution so that it will r 'ad ''to-morrow morning" instea-d of "Tues Mr. BECK. I move that the House do now adjonrn. day morning," for the sake of cert. Mr. BUTLER, of Massachusetts. I will do so. :Mr. ELDREDGE. Of course the majority .can do just as they l\lr. SPEER. Is it in order to change the phraseology of a resolu please ; ·but let us make the recess until twelve o'clock, and we still tion after the yeas aud nays have been ordered upon it f keep Monday running, so that the gentlemen on the other side can The SPEAKER. That has no effect on it whatever; and besides, do just as much mischief as they may desire. the yeas and nays have not been ordered on this resolution. The question being put on the motion of Mr. GARFIELD- Mr. SPEER. The HoMe might not order the yeas and nays on a The SPEAJ{ER. In the opinion of the Chair the motion for r esolution modified. . a recess is agreed to. The SPEAKER. The question is on seconding the motion to sus- Mr. ELDREDGE called for the yeas and nays. pend the rules and adopt the resolution as modified. · The yeas and nays were orderecl. The question being taken, upon a division there were- ayes 104, Mr. CONGER. I rise to a parliamentary inq¢ry. Would it be in nays 62. order to move a call of the Honse to bring in absentees! So the motion was seconded. 'l'he SPEAKER. The Chair thinks not. Mr. SPEE.H. and Mr. RANDALL called for the yeas and nays on The question was taken; and there were-yeus 169, nays 83, not suspending the rules. voting 38; as follows: The yeaa and nays were ordered. YEAS-Messrs. Albert, Albright, Averill, Barber, Barrera, Bass, Begole, Biery, The question was taken; and there were- yeas 173, nays 89, not Bradley, Buffinton, Bundy, Burchard, Burleigh, Burrows, Benjamin F. Butlt~.·. Roderick .ll. Butler, Cain, Cannon, Cessna, Freeman Clarke, Cla:vton, Clements, voling 2~; as follows : Clinton L. Cobb, Stephen .A.. Col>b, Coburn, Conger, Corwin, Cotton, Crounse, YEAS-Messrs. Albert, Albright., Averill, Barber, Barrere. Bass, Begole, Biery, Crutchfield, Curtis, Danford, Darrall, Dawes, Donnan, >Duell, Dunnell, E ames, Brailley, Buffinton, Bun~y, Burchard, Burleigh, Burrows, Benjamin F. But-ler, Farwell, Field, Forti, Foster, Freeman, Garfield, Gooch, Gunckel, Hagans, Eu..,.ene R<~rlerick R. Butler, Cam, Cannon, Carpenter, Ca-son, Cessna, Freeman Clarke, Ha~e, Robert S. Hale, Harmer, Benjamin W. Harris, Harrison, Hathorn, Ha;'ens, Clayton, Clements, Clinton L. Cobb, Stephen .A.. Cobh, Coburn, Conger, Corwin, Jolin B. Hawley, Joseph R. Hawley, Hays, Gerry W . H azelton, John W. Hazelton, Cotton, Crounse, Crutchfield, Curtis, Danford, Dan~ill, Dawes, Donnan, Duell, Hendee, E. Rockwood Hoar, Hodges, Hooper, Hoskins, Houghton, Howe, Ilubbell, Dunnell, Eames, Farwell, Field, Fort, Foster, Freeman, Garfield, Gooch, Gunckel, Hur~but, Hyde, Hynes, Kasson, Kelley, ~ellogg, Lamport, Lansing, L awrence, Ha~ans, Eugene Hale, Robert S. Hale, Harmer, Benjamin W. Harris, Hatrison, Lew1s, Lofland, Loughridge, Lowe, Lowndes, Lynch, Martin, Mavnard, McCrary, Hathorn, Havens, John B. Hawley, Joseph R. Hawley, Hays, Gerry W. Hazelton, Alexander S. McDill, James W. McDill, MacDougall, McKee, .McNulta, Merriam, J ohn W. Hazelton, E . Rockwood Hoar, Hodges, Hooper, Hoskins, Hought<~n, Monroe, Moore, Morey, Myers, Negley, Niles, O'Neill, Orr, Orth, Page, Isaac C. Howe, Hubbell, Hurllmt, Hyde, Hynes, Kasson, Kelley, Kellogg, Lamport, Lansing, Parker, Parsons, P elham, Pemlleton, Phillips, Pike, James H. Platt., ,ir., Thomas C. Lawrencfl, Lewis, Lofland, Loughridge, Lowe, Lowndes, Lyncb., Martin, Maynard, Platt, Poland, Pratt, Rainey, Ransier, Rapier, Ray, Richmond, Ellis H . Roberts, :MeCmry, Alexander S. McDill, James W. McDill, MacDou~rall, McKee, McNulta, James~- Robinson, Ross, R1111k, Sawyer, Henry B. Sayler, Scofield., Isaac W . Scud Merri.'1D1, Monroe, Moore, Morey~.-.M.vers, "egley, Niles, O'Neill, Orr, Ort-h, Packartl, der, Sessmns, Shanks, SheatH, Sheldon, Lazarus D. Shoemaker, Sloan., Small, Smart, Pa,.e, Isaac C. Parker, Par ons, r clham, P endleton, Phillips, Pierce, Pike, James A. Herr Smith, George L. Smith, H. Boardman Smith, John Q. Smith, nyder, H. 'Flatt, ,ir., Thoma.'! C. Platt, Poland, Pratt, Rainey, Ransier, Rapier, Ray, Rich· Sprague, Stanard, Starkweather, Charles A. Ste-vens, St. John, Stowell, Strait, monfl, Ellis H. Roberts, James W. Robinson, R~ss, Rusk, Sawyer, Henry B. Sayler, Strawbridge, Sypher, Taylor, Charles R. Thomas, Christopher Y. Thomas, Thomp Scofield, Henry J. Scudder, Isaac W. Scudder!.. Sessions, Shanks, Sheat , Sheidon, son, Thornburgh, Todd, Tremain, T.vner, Waldron, ·wallace; Jasper D. Ward, Mar Slo::m, Small, Smart, .A.. Herr Smith, George .L. Smith, H . Boardman Smith, John cus L. Ward, White, Whiteley, Wilber, George Wil.lard, Charles G. Williams, / Q. Smith, Snyder, Spra;:rue, St:mard, Starkweather, Charles .A.. Stevens, St. John, John M. S. Williams, William Williams, William B. Williams, James 'Vilson, Jere. Stowell, Strait, Strawbridge, Sypher, Taylor, Charles R. Thomas. Christopher Y. miah M. Wilson, and Wood worth-11>9. Thomas, Thompson, Thornburgh, T01ld, 'l'remain, Tyner, Waldron, Wallace, Jasper N.A. YS-Messrs . .A.uams, .A.rcher,.A.rthur,.A.she, Atkins, Banning, Beck, Bell, Berry, D. Ward, MarcusL. Ward, White, Whiteley, Wilber, Charles W. Willard, George Bland, Blount, Bowen, Bright, Brown, Buckner, Caldwell, Caulfi'eld John B. Clark, Willard, Charle-s G. Williams, Jolm M. S.Williams, William Williams, Will.ia,m B. jr., Clymer, Comin_go, Cook, Cox, Creamer, Crittenden, Crossland, Davis, DeWitt, Williams, James Wilson, Jeremiah M. Wilson, and Woodworth-173. Durham, E rlen1 Eldredge, Finc_k, Giddings, Glover, Gunter, Hamilton, Hancock, NAYS-Messrs. .A.clams, Archer, .A.rthttr, .A.she, Atkins, Banning, Beck, Bell, Henry R. Harns, John T. Harns, Hatcher. Hereford, Herndon, Holman, Hunton, Berrv Bland, Blount, Bowen, Bright, Bromberg, Brown, Buckner, Caldwell, Caul Knapp, Lamar, Lamison, Leach, Luttrell, Magoo, McLean, Milliken, Mills, \lorri· fi eld; John B. Clnrk, jT., Clymer, Comingo, Cook, Cox, Creamer, Crittenden, Cross son, Nt. ..UIENDMENT OF THE RULES. Mr. STORM. !"call f ot the yens and nays. Mr. BUTLER, of Massachusetts. I move to suspend the rules and The yens and nays were ordered. pas-s the following resolution: Mr. RANDALL. I move that the House adjourn. The Clerk read as follows : The question being taken on the motion to adjourn, there were Resolved, The rules be so suspended that the Committee on the Rules shall have ayes 68, noes 85. leave to report forthwith such changes or amendments to the rules as they see fit; 1\Ir. SPEER called for tellers. and during the consideration of such report and amendments thereto, or of the role Mr. HAZELTON, of Wisconsin. I call for the yeas and nays on r eported by the committee, no dilatory motions whatever shall be entertainell by the motion to adjourn. tho Speaker. The yeas and nays were ordered. Mr. SPEER. I make the point of order this i8 the third time that The question was taken on the motion to adjourn; and there were- proposition in substance has been submitted during this one session yeas HB, nays 170, not voting 32 ; as follows : of the House. · YEAS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, Banning, Bock, Bell, The SPEAKER. It haa been changed in phraseology every time. Berry, Bland, Blount, Bowen, Bright, Bromberg, Brown, Buckner, Caldwell, Caul Mr. STORM. I do not think the gentleman from Massachusetts field, John B. Clark,jr., Clymer, Comingo, Cook., Cox, Crromer, Crittenden, Cross. should be recognized so many times rn the same session when other land,Davis, DeWitt, Durham, Eden, Eidredg_o, Finck, Giddings, Glover, Gunter, Hamilton, Hancock, H enry R. Harris, John T. HatTis Hatcher, Hereford, Horn· geptlemen who are present and desire to make motions are cut out. ~~~1 Holman,Hunton, Knapp!..~Lamar, Leach, Luttreii, Magee, McLean, Milliken, 1\Ir. BECK. It would seem he is the only member here who has .M.llls, Morey, Morrison, Neal, ~iblac·k,O ' Brien, Hosea W.Parker, Porrv, Potter, r..an any rights. dall, Read, Robbins, William R. R~berts, James C. Robinson, Milton Sayl or, Schell, John G. Schumaker, Sloss, Southard, Spoor, Standiford, Alexander Ii. Stephens, Mr. RAND ALL. And his brain, too, seems to run only on one Stone, Storm, Swann, Vance, Waddell, Wells, Whitehead,Whitehouso, \Vhitthorne, subject. Willie, Ephraim K. Wilson, Wolfe, Wood, John D. Young, and Pierce M. B. Mr. SPEER. The gentlemn.n's proposition to suspend the rules has Young-88. been twice voted down. NAYS-Messrs. Albert, Albri~ht, Averill, ~ber , Barrera, Bass, Begole, Biery, Bradley, Bnffinton, Bundy, Burleigh, Burrows, BenJamin F. Butler, Roderick R. Mr. BUTLER, of MassachusettS. This has not been voted down. Butler, Cain, Cannon, Carpent-er, Cason, Cessna., Chittenden, Freeman Clllrke, 1\Ir. SPEER. It is the same proposition in substance. Clayton, Clements, Clinton L. Cobb, Stephen A. Cobb, Coburn, Conger, Corwin, 1\Ir. BUTLER, of Massachu11etts. I have changed it. Cotton, Crounse, Crutchfield, Danford, Darrall, Dawes, Dobbins, Donnan, Duell, Mr. RANDALL. I should like to have this side of the Honse Dunnell, Farwell, Field, Fort, Foster, Freeman, Garfield, Gooch, Gunckel, Hagans, Eugene Hale, Robert S. Hale, Harmer, Benjamin \V. Harris, Harrison, know when the gentleman from Massachusetts will be through offer- Hathorn, Havens, John B. Hawley, Joseph R. Hawley, Hays, GerryW. Hazelton, ing the same proposition so we can get in. · John W. Hazelton, Hendee, E. Rockwood Hoar, Hodges, Hooper, Hoskins, Hough· The SPEAKER. If the Chair is to answer the gentleman from ton, Howe, Hubbell, Hurlbut, Hyde, Hynes, Kelley, K ellogg, Killinger, Lamport, Pennsylvania he will say that ~eneraJJy during this session, in pro Lawrence, Loughridge, Lowe, Lowniies, Lynch, Martin, Maynarrl, McCrary, Alexander S. McDill, James W. McDill, MacDou~all , McKee, McNulta, Merriam, portion to the numbers of the s1de of the House to which the gentle Monroe, Moore, Myers, Negley, Niles, O'Neill,Orr,Orth, Packard, Page, Isaac C. Par man belongs, they have been recognized twice to the other side's once. ker, Parsons, Pelham, Pendleton, Phillips, Pierce, Pike, James II. Platt, jr., Thomas 1\Ir. RANDALL. He has been recognized three times on the.same C. Platt, Poland, Pratt, Rainey, Ransier, R:tpier, Ray, Richmond, Ellis H. Roberts, proposition, and I want to know when we can be recognized once. James W. Robinson, Ross, Rusk, Sawyer, Henry B. Sayler, Scofield, Henrv J. Scud der, Isaac W. Scudder, So sions, Shanks, ~h eata, Shoidon, Lar.arus D. Sl:ioemakcr, Tho SPEAKER.· If the gentleman will take the time occupied by Sloan, Small, Smart A. Herr Smith, Ge.orge L. Smith, H:Boardman SmHh, Johu both sides during this session he will learn that the gentleman's side Q. Smith, Snyder, Sprague, Stana.rd, Starkweather, Charles A. ste~em•. St. John, hM had twice, so far aa the Chair is concerned, that of the other side. Strait, Strawbridge, Sypher, Taylor, Charles R. Thomas, Chrit~topher Y. Thomas, Thompson, Thornburgh, Todd, Townsend; Tremain, Tyner, Waldron, Wallace, Mr. RANDALL. It is because we have had to defend this side Jasper D. Ward, Marcus L. Ward, White, Whiteley, Wilber, Charles W. Willn.rd, against the encroa-chments of the other. George Willard, Charles G. Williams, John M. S: Williams, William Williams, Mr. BUTLER, of Massachusetts. They had all last week, all day William B. Williams, James Wilson, J eremiah M. Wilson, and Woodwort-h-170. Saturday, and we ha.d to sit two days and two nights here to accom· ~OT VOTING-Messrs. Barnum, Barry, Borchard, Amos Clark jr., Crooke, Curtis, Ea.mes, Frye, Hersey, George F. Hoar, Hunter, Kasson, K enclall, Lamison, morlate them. Lansing, Lawson, Lewis Lofland, Marshall, Mitchell, Nesmith, Nunu, Packer, The SPEAKER. The journal clerk informs the Chair that the Phelps, Furman, Senor, Sherwood, J. Ambler Smith, William ..A.. Smith, Stowell,. gentleman from Pennsylvania made twenty-five similar motions in Walls, and Wheeler-32. the same day. So the House refused to adjourn. :Mr. RANDALL. Yes, sir; but in a very good cause. Th.e question was taken on suspending th.e rules ancl agreeing to The SPEAKER. Then it does not lie in the gentleman's mouth to the resolution of 1\Ir. BUTLER, of Mn-ssn.chusetts; and there were- raise the question against the gentleman from Massachusetts for yeas 177, nays 90, not voting 23; aa follows: making three. 1\fr. BECK. No gentleman on this floor then has a right to be heard YEAS-Messrs. Albert, Albright, Averill, Barber, Barrera, Bass, Begole, Biery, Bradley, Bnffinton, Bundy, Burchard, Burleigh, Burrows, Benjamin F. Butler, until the gentleman from Massachusetts is through with all his mo Roderick R. Butler, Cain, Cannon, Carpenter, Cason, Cessna., Chittenden, Free tions. I will make that motion if in order. man Clarke, Clayton, Clements, Clinton L. Cobb, Stephen A. Cobb, Coburn, Conger, The SPEAKER. The Chair thinks that remark is not called for Corwin, Cotton, Crounse, Crutchfield, Danford, Darrall, Dawes, Dobbins, Donnan, by any proceeding on the part of the Chair toward the side of the Duell, Dunnell, Eames, Farwell, Field, Fort, Foster, Freeman, Garfield, Gooch, Gunckel, Ha,..crans, Eugene Halo, R~bert S. Hale, Harmer, Benjamin W. Harris, House to which the gentleman from Kentucky belongs. Harrison, Hathorn, Havens, John B. Hawley, Joseph R. Hawley, Havs, Gerry W. Mr. BECK. Three times already, one after the other, h..'tB the gen Hazelton, John W. Hazelton, Hendee, E. Rockwood Hoar, Ha \ 1875. CONGRESSIONAL RECORD. 891 Mr. GUNCKEL. My colleague, Mr. SHERWOOD, is absent by leave on the enP'ossm.ent and third reading of any bill or joint resolution shall not be ordered auring the first day of ita consideration. nnless two-thirds of the mem of the House. If here he woulcl vote " ay ." bers present shall second tne demand: Provided, That this rule shall not apply :Mr. SHOEMAKER, of Pennsylvania. My colleague, Mr. PACKARD, to House resolutions offered in t.he morning hour of Monday : And provided fu,·thf.r, is absent on account of sickness in his family. If here he would That it shall not applv t~ any proposition to appropriate the money, the credit. or vote "av." . other property of the tTnited States, except the regular annual appropriation bills. Mr. KELLOGG. My colleague, Mr. BARNUM, is detained at home Mr. BUTLER, of 1\Iassachusett.s. Why, that would allow one-half by sickness. I presume if he were here he would vote "no." of the time to filibust.ering. Mr. TYNER. My colleague, Mr. HUNTER, is lying very sick at his Tellers were ordered upon seconding the motion to suspend t.he residence. . rules; and .Mr. GARFIELD, and 1\Ir. PARKER of New Hampshire, were Mr. WARD, of New Jersey. I desire to state that my colleague, appointed. Mr. CLARK, is absent on account of sickness. The House divided; and the tellers reported-ayes 98, noes 51. Mr. LOFLAND. Mr. Speaker, I was not in the Hall during the So the motion was seconded. roll-call. Have I the right to vote T . The question recurred upon suspending the rules. The SPEAKER. The gentleman is not entitled to vote if he was Mr. POTTER. If I understand the word "question," as usecl iu not within the bar before the last name on the roll was called. that rule, the question would be ou the different sta.ges of the hill. Mr. BUTLER, of Massachusetts. I rise to a parliamentary in It might as well arise on a motion to lay on the table as on the third quiry. It is the right of any member to vote when he is in the Hou~e, reading. and I submit the question whether any rnle oan take away from him The SPEAKER. Yes, it wonld. that constitut.ional right. Mr. YOUNG, of Georgia. On the motion to suspend the rules and The SPEAKER. If there was any point in that inquiry the Chair adopt the resolution I ask for the yeas and nays. · could not entertain it now ; bnt the Chair thinks there is no point in The yeas and nays were ordered, forty-five mem hers voting therefor. it. The ruling has been uniform. The question was taken; and there were-yeas 153, nays 109, not Mr. BUTLER, of Massachusetts. I agree that that is the rule, l?nt voting 28 ; as follows : what I desire to know is whether any rule of the Honse can depnve YEAS-Messrs. Albert, Albright, Barber, Barrera, Bass, Begole, Biery, Bradley, a member of his constitutional right T · Buffin ton, Bundy, Burchard,. Burleigh, Burrows, Cain, Cannon, Carplc'nter, C:J.Son, The SPEAKER. The Chair does not rule on the Constitution; he Chittenden, Freeman Clarke, Clayton, Clements, Stephen A. Uobb, Coburn, Con niles on tl1e rules. . ger, Corwin, Cotton. Crounse, Crutchfield, Curtis, Danford, Darr 11, Dawes, Dob bins, Donnan, Duell, Dunnell, Eames, Farwell, Foster, Freeman, Garfiehl, Gooch, The result of the vote was then announced as above recorded. Gunckel, Eugene Hale, Robert S. Hale, Harmel', Benjamin W. Harris, Harrison, Mr. RANDALL. Is it in order t.o move to suspend the rnles so that Hathorn, John B. Hawley, Joseph R. Hawley, Gerry W. Hazelton, John W. Hazel· we may proceed with the appropriation bills f ton, Hendee, E. Rockwood Hoar, Hooper, ·noAkins Houghton, Howe, Hubbell, The SPEAKER. When t he Honse desires to proceed to that busi Hurlbut, Hyde, Kasson, Kelley, Kellogg, Killingel', Lamport, Lansing, Lawrence, Lewis, Lowe, Lowndes, Lynch, Martin, Maynard, McCrary, Alexander S. Mc.Dill, neRs, the Chair will recognize the appropriate channel of the Honse. James W. McDill, MacDougall, McKee, MoNulta, Merriam, Monroe, Moore, Mr. GARFIELD. I move to suspend the rules and adopt the reso More,Y, Myers, Negley, Niles, O'Neill, Orth, Packarrl, Page, Pendleton, Phelps, lution to amend the rules which I send to the Clerk's desk and for Phillips, Pierce, Pike, James H. Platt, jr., Thomas C. Platt, Poland, Pratt, Rainey, the reading of which I ask. Ransier, Rapier. Ray, Richmond, Ellis H. P..oberts, James W.Robinson Ross, Rusk, Sawyer, Henry B. Sayler, Scofield, Henry J. Scudder, Isaac W. Scudder. Se11sions, Mr. RANDALL. Pending that motion, as it is near twelve o'clock, Shanks, Sheldon, Lazarus D. Shoemaker, Small, Smart, A. Herr Smith, H. Board· wonld it not be in order to make a motion to adjourn 7 man Smith, John Q. Smith, Sprague, St.a.nard, Starkweather, CharleS A. Stevens, The SPEAKER. Does the gentleman desire to adjourn f Stowell, Strait, Strnwbridge, Taylor. Charle.OJ R. Thomas, ChristopherY. ThomdS, Mr. RANDALh No, sir; but I desire that we shall adjourn so that Thompson, Thornburgh, Townsend,' Tremain, Tyner, Waldron, Jasper D. Ward, Marcns L. Ward, Whiteley, Wilber, Charles W. Willard, Goorge Willard, Charles the session of Tuesday shall commence. G. Williams, John M. S. 'Villiams, William Williams, William B. '\Vil.l.iams, The SPEAKER. A motion to adjourn is not debatable, and no James Wilson, Jeremiah M. Wilson, and Woodworth-153. reasonR need l)e assigned therefor. NAYS-Messrs. Adams, Archer, Arthur, Ashe, Atkins, Averill, Banning, Beck,. Mr. RANDALL. I do not make the motion. Bell, Berry, Bland, Blount, Bowen. Bright, Bromberg, Brown, Buckner, Bonj~miu F. Butler, Roderick R. Butler, Caldwell, Caulfield, Cessna, John B. Clark, jr., The Clerk then read the resolution offered by 1\Ir. GARFIELD, as Clymer, Clinton L. Cobb, Comingo, Cook, f:ox, Creamer, Crittenden, Crossland, follows : Davis, D eWitt., Durham, Eden , Eldredge, Field, Finck, Fort, Giddings, Glover, lo~~Z~ed, That the Rn1es of the House be amended by adding thereto the fol· Gunter, Hagans, Hamilton, Hancock, Henry R. Harris, John T. Harris, Hatcher, Hays, Hereford, Herndon, Hodges, Holman, Hunton, Hynes, Knapp. Lamar, Rui.E -. Whenever a question is pending before the Honse the Speaker shall Lamison, Leach, Lofland, Luttrell, Magee, McLean, Milliken, Mills, Morrhmn. · not entertain any motion of a dilatory character except one motion to adjourn and Neal, Nesmith, Nibla.ck, O'Brien, Hosea W. Parker, Isaac C. Parker, P elham, one motion to fix the day to which the House shall adjourn. But the previous _ques Perry, Potter, Randall, Read, Robbins, William R. Roberts, James C. Robinson, tion on the engrossment and third reading of any bill or joint resolution shall not Milton Sayler, Schell, John G. Schumaker, Sheats, Sloan, Sloss, George L. Smith, be ordered .d urin.~ the first day of ita consideration unle~s three-fourths of the mem· Snyder, Southard, Speer, Standiford, Alexander H. Stephens, Stono, Storm, Sw~.nn . bers present shau second the demand : Provided, That t.his rule shall not apply to To'dd, Vance, Waddell, Wallace, Wells, Whitehead, Whitehouse, Whitthorne, House r esolutions offered in the morninjr hour of Monday: And provided further, Willie, Ephraim K. Wilson. Wolfe, Wood, John D. Young, and Pierce M. D. That it shall not apply to any proposition to appropriate the money, the credit, or Young-109. ot.her propercy of the United States, except the regular annual appropria~on bills. NOT VOTING-Messrs. Ba.rnmn, Barry, Amos Clark, jr., Crooke, Frye, Havens, Hersey George F. Hoar, Huntor, Kendall, Lawson, Loughrid"'e, Marshall, Mr. HALE; of Maine. I aak the gentleman to modify that rule by Mitcheii, Nunn, Orr, Packer, Parsons, PnrmanhSener, Sherwood, J. X:mblerSmith, striking ont ·"three-fourths" and inserting "two-thirds." William A. Smith, St.. John, Sypher, Walls, W eeler, and White-2& :Mr. GARFIELD. I have no objection to modifying it in that way. So (two-thirds not voting in favor thereof) the ruleM were not sus In all other respects it is the rule that was agreed to bythe Commit- pended. tee on the Rules. . Mr. KASSON. I offer the resolution which I send to the Clerk's Mr. RANDALL. By a majority of the Committee on Rnles. desk, and move that the rules be suspended and the resolution Mr. BUTLER, of Massa.chusetts. I ask the gentleman to modify adopted. it by stl'ilcing out the proviso. Mr. CONGER. ·1 ask tho gontlemau to yield to me that I may in Mr. RANDALL. It is not in order to amend a. proposition to sus troduce a bill for reference and printing. pend the rules. The SPEAKER. The Chair cannot entertain that request ; there . Mr. CESSNA. I ask the gentleman from Ohio to allow me to offer are one hunrlred and fifty gentlemen present who desire the sa.me an a.mendment to the proposed rule. privilege. The Clerk will read the resolution submitted by the gen Mr. GARFIELD. I have no objection to having it read. tleman from Iowa, [Mr. KAssoN.) The SPEAKER. The gentleman from Pennsylvania [Mr. CESSNA] Tbe Clerk read as follows: desires to have incorporated in the proposed rule an amendment. Resolved, That the rules be so far suspend(l{l as to allow the Committee on Rule.a Does the ge~t1eman from 9hio yi~ld for that purpo~e f to r eport to t.he Honse, for consideration aml action at the present time, any now Mr. GARFIELD. No, siT; I will not. rnle:i or changes of rules said committee may desirA to report; and that dming the Mr. HALE, of Maine. Let us have the provision read which the consideration thereof the Speaker shall entortain no dilatory motions whatever, and that the discus.'!!ion upon such rnles and amendmonta thereto shall not exceed QllO gentlema,n from Ma~sachusetts wishes to have stricken out. hour, nnless otherwise ordered by tbe House. Mr. ELDREDGE. How Ion~ are gentlemen on the other side to be permitted to keep up this filibusteringf The motion to suspend the rules was seconded. Mr. BUTLER, of Massachusetts. The provision in the rule which Mr. YOUNG, of Georgia. I call for the yeas and nays on suspen(l I wish to strike out is this: ing the rnles and adopting the resolution. Mr. ELDREDGE. How long iB the other side going to filibuster But the previous question on the engrossment and t.hird reading of any bill or in this way? joint resolution shall not be ordered during the first day of ita c~nsidera.tion unless three-fourths of the members present shall second the demand. Mr. HAMILTON. It is now near twelve o'clock, and I think the House should adjourn. Mr. GARFIELD. I decline to yield to let that be stricken out, and Mr. ELDREDGE. It seems to me we had better close this day's I call for a vote upon the resolution. proceedings. . Mr. HALE, of Maine. I now ask that theresolution,as modified, be Mr. HAMILTON, (at three minutes to twelve o'clock m.) I mov6 read. · that the House now adjourn. The Clerk read as follows: Mr. BUTLER, of Massachusetts. I desire to make a parliamentary R esoh!ed, That the rules of the Honse be amended by adding thereto the fol inquiry. When will the House meet again if we a-djourn now T lowing: RUT..E - . Whenever a question is pending before the Horu;te the Speaker shall not The SPEAKER. On Wednesday at twelve o'clock, beca.use the entertain any motion of a. dilatory character except one motion to ac\io1un and one hour of twelve to-day will have passed before the call of the roll motion to fix the day to which tho House shall adjourn. But the previous q ucstion can be concluded. 892 CONGRESSIONAL RECORD.· FEBHU.ARY 1, Mr. SPEER. It is not twelve o'clock yet. Mr. COX. I understand that the ruJ.e says that there shall be notice The SPEAKER. If the House should adjourn now, of course it and that-- • would not meet again to-day. The SPEAKER. But the rules have been suspended. The question wlis taken on the motion to ad.journ, and it was not. Mr. COX. The point which I made, and I ma.de it very intelligibly agreed to. at first, was that there has been no meetinO' of the Committee on The SPEAKER. The question recurs upon the motion to suspend Rules to consider tbis question. Therefore tY.is report cannot come t.hc rule and adopt there olntion snbmit.ted by the gentleman from from that committee. Iowa, [:Mr. KASSON,] npou which the yea and nays have been ordered. The SPEAKER. But the obligation to hold a meeting was sus The qnestion was taken; and there were-yeas 181, nays 90, not pended by the House. voting 19 ; as follows: ~lr. KASSON. I make the further 'POint that under the order of YEAS-Me r . .Albert, A.lbri"'ht, .Averill, Barb ~r , Barrera, Barry, Bass, Be$role, the House the committee have the right to report any previous con Bierv Br:Hlley, Buffinton, Bundy, llurchartl, Burleigh, Bm-rows, Benjamin F. But;. clusion to which they may have arrived. lur, .lliJuerick 'R. Entler, Cain, Cannon, Carpenter, Ca on, Cessna, Chittenden, Free The SPEAKER. There can be no doubt about the right of the man Clarke, Clavton, Clement , Clinton L. Cobb, Stephen A. Cobb, Coburn. Conger, Corwin, Cotton,' CrounR('., Crutchfield, Curtis, Danford, Darrall, Dawes, Dobbins, committee to make the report. The point made by the gentleman D onnan, DuPll, Dunnell, 'Eames, Farwell, Field, Fort, Foster, Freeman, Garfield, from New York [Mr. Cox] is a point wbich might be good under the Gooch, Gunekel, Harrans, Eugene H aJe, Robert S. H ale, Harmer, Benjamin 'w. rnles; but the rules have been suspended for this very purpose. Barris, Hanison, Hathorn, IIavens, .John B. Hawley, Joseph R. Hawley, Hays, 1\fr. ELDREDGE. But bow .can the committee make a report Gerry IV. Hazelton, .John W. Hazelton, Hendee, E. Rockwood Hoar, Hodge."!, Hooper. Hoskins, Houghton, Howe, IIubbell, Hurlbut, Hyde, Hynes,Xas~on, Kel through any of its members without the order of the committee in a ley, Kellogg, Killinger,'Lamport, Lansing, Lawrence, Lewis, Lofland, Loughridge, meeting called for some purpose 'f Lowe, Lowndes, Lynch, Martin, Maynan.t, McCrary, Alexander S. McDill, .Tames The SPEAKER. There was a meeting of the Committee on Rules; W. McDill, MacDougall, McKee, Mc~ulta, Merriam, Monroe, Moore, Morey, M:rcrs, 'egley, Niles. O'Neill, Orr, Orth, Packard, Page, Isaac C. Parker, Parsons, and the committee authorized the reporting of this very ruJ.e. Pelham, PE\ndleton, Phelps, Phillip , Pierce, Pike, .James H. Platt. jr., Thoma."! C. 1\fr. COX. When was thatf Platt, Poland, Pratt, Rainey, Ran ier, Rapier, Ray Riebmond, Ellis H. P..oberts, The SPEAKER. And the rules have been suspended to enable the James ,v. Robinson no s, Rusk, Sawyer, Henry n. Sayler. Scofield, Henry .J. s~ud committee to make the report now. der, l saa.c W. Scudder, Sessions, Shanks, Sheats, heldon, Lazarus D. Shoemaker, Sloan, Rmall, Smart. .A. H eiT Smith, George L. Smith. II. Boardman Smith, .John Mr. NIBLACK. I believe this proposition was adopted in a caucus. Q. Smith, Sny(ler; Sprag:ue, St.'Ulard, Starkweather, Charles .A. Stevens, St. .John, The SPEAKER. It was never in a caucus. t.owell, Strait, Strawbrid~e, Sypl1er, Taylor, CbarlPS R. Thomas, Christ<>pher Y. Mr. ELDREDGE. It wa-s suggested by the Republican ne~spaper Thomas, Thomp. on. Thornburgh, Todd, Townsend, Tremain, Tyner, Waldron, of yesterday, and anathema nw,ranatha was pronounced against all who Wallace, .Jasper D. Ward.Marciis L. Ward, White, Whiteley, Wilber, Charles W. Willard, George Willanl. Charles G. Williams. John M . S. Williams.. William would not vote for it. William , William B. Williams, .James Wilson, .Jeremiah M. Wilson, and Wood Mr. RANDALL. I rise t-o a point of order and ask to have read the worth-! 1. rnle showing bow many of the committ.ees of this Honse have the NAYS-Messrs. .Adams, Archer, Arthur, .A b e, Atkins, Banning, Beck, Bell, right to report at any time; because I understood the Speaker to say Berry, Bland, Blount, llowen, Bright, Bromberg, Brown Buckner, Cald·well, Caul field, .John B. Clark, jr., Clymer. Comingo, Cooli:, Cox, Creamer, L'ritt.enden, Cro s the ot.her day that the Committee on Rnles, by usage, have the right land, Davis, De Witt. Durham, Eden, Eldredge, Finck, Gitlcling:l!, Glover, Gunt.er, to report at any time. Tiarnilton, Hancock, Henrv R. Harris, .John T. Harris, HatchPr, Hereford, Hern The SPEAKER. What pertinence bas that to the question under ·do.n ,,Holman,. Hunton,. Kliap:p, Lamar, ~amis~~· Leach, L~ttrell , Magee, McLean, debate 'f i1llike:D, Mills, Mornson, l"eal. Nesnnth, 1black, O'Bnen, Hosea W. Parker, Pl'rry, Potter, Randall, Read, Robbins, William R. P..oberts, .James C. Robinson, Mr. RANDALL. Well, it has pertinence to the course of this dis Milton Sayler. Schell, .John G. Schnmaker, Sener, Sloss, Southard, Speer, Standi cussion heretofore. ford, .Ale~ander H. Stephens, Stone, Storm, Swann, Vance, Waddell, W ells, White The SPEAKER. But not. to any point now before the House. head, Whitehouse, Whitt-horne, Willie, Ephraim K . Wilson, Wolfe, Wood, .John D. Mr. RANDALL. That may be; but I want it read now for the in Young, aml Pierce M. B. Young-90. .LOT VOTING-Messrs. Barnunt, .Amo Clark, jr., Crooke, Frye, H ersey,Gt>.orge formation of the Chair. F. Hoar, Hunter, K endall. Law. on, Marshall, Mitchell, Nunn, Packl'r, Purma.n, The SPEAKER. The Chair will rule upon the matter whenever Sherwood, .J. Ambler Smith, William A. Smith, Walls, and Wheeler-19. jt arises. Before t·he result of the vote was announced, Mr. RANDALL. I want this read for the information of the Chair. · 1\!r. HUNTER said: Mr. Speaker, I have been quit.e unwell, and I The SPEAKER. The Chair does not need the informa.tion ; and have just come from a sick-bed to thi House. I would like to vote be ide the point is not before the House. on this question if I got iu in time under the rules. If I can vote, I Mr. RANDALL. I would like to have this rule read. will vote in the afflrmati\'e. The SPEAKER. It does not refer at all to anytbing before the Tbe SPEAKER. The rules no not permit the gentleman to vote Honse. unless he was within the bar when the la.st name on the roll was Mr. RA.J.~ALL. There is no harm thAn in reading it. called. The SPEAKER. There may be no harm, if general consent be Mr. HUNTER. I do not know whether I was or not. I was within given to have it read. the bar while the Clerk was reading this roll. Several members objected. The SPEAKER. The gentleman has uo rigbt to vote, in the opinion Mr. RANDALL. It is one of our rules. of tlle Chair. Mr. KELLOGG. I rise to a parliamentary inquiry. Ha.ve not a On the motion of t.he gentleman from Iowa [Mr. KASSON] that the majori~y of the Committee on Rules a right to report by agreement rules be suspended and the resolution ofi'ered by him adopted, the without any formal meeting of the committee 'f yeas are 1 1, the nays 90. Two-thirds having voted in the affirmative, The SPEAKER. There is no necessity for raising any point on tbe rules are suspended and the resolution is adopted. this. The ruJ.es were suspended. for the speciflc purpose of bringing Mr. GARFIELD. I am instructed by the Committee on Rules to this proposition before the House, and of comse all poiuts upon it report the resolution which I send to the Clerk's desk. are trivialities, and ought not to engage the attention of the House. The Clerk read the following : • :Mr. ELDREDGE. But as I unclerstood the order of suspension it Resolved, That the rules of the· House be amended by adding thereto the follow diu not relate to past action of the committee ; it provided that the ing: committ.ee might ma.ke a. report. Now how can they make a report R uLE -. Whenever a question is pending be.fore the House the Speaker shall withoutbavinO' had a meeting'f not entertain any motion of a dilatory character except one motion to adjourn an(l The SPEAKER. Ifthegentlemanfrom Wisconsin [Mr. ELDREDGE] one motion to fix t.he day to which the Bouse shall adjourn. But the previOnsques· will suspend a momE:'nt, be will soon see how the committee can tion on the engro sment and third reading of any bill or joint resolut.ion shall not be ordered during the first day of it;s consillel'ation unless three-iomths of the make a report. . members presentBball second the demand: Provided, That this rule shall not apply Mr. ELDREDGE. I can seebowthepowermaybe assumed; there to lionse resolutions offered in the morning hour of Monday: And p1·ovidedjttrther, is no question about the physical power. · That it shall not apply to any proposition to appropriate 't.h e money, the credit, or l\Ir. RANDALL. I rise to a privileged question. When I asked J.s other property of tlte United States, except the regular annual appropriation bills. a member of the Committee on Rules to have a rule read for the ill Mr. GARFIELD. The hour assigned for the discussion of this formation of the Chair and the Honse, I understood the Speaker to subject, I propose, after I h:we said a very few words, to pa.rcel out decline the request. If he is unwilling to receive information, I most in Jive minutes, if gentlemen desire to speak, so tha.t all on both ffides respectfully ask to resign any further connection with the Committee may have as reasonable a chance as the time will permit to express on Rules. their opinion or offer their amendments. Before I yield to anybody, The SPEAKER. That will be in order at some subsequent stage of however, I desire to state a point or two touching the general char proceeuing; it is not in order now. act.er of the propo ed rnle I have reported. Mr. RANDALL. Well, sir, I want to do it with entire respect for Mr. COX. I rise to a point of order before it is too lat,e. I nuder the Speaker personally, and for the House. stand this .report purports to come from the Committee on RuJ.es. The SPEAKER. It is not in order. Mr. GARFIELD. I suppose t.b.e time for discussing this point of Mr. COX. Well, r will try to see whether I can make such a order will not come out of the hour allowed for cousidering this report proposition in order, unless the crackling of thorns under a pot shall of the Committee on Rules. disturb me. Mr. COX. I do not suppose it will. l\Ir. ELDREDGE. I rise to a question of order in reference to the The SPEAKER. It will not.· conduct of the House. I u1sist that gentlemen when they arise in 1\fr. COX. There has been no meeting of the Committee on Rules good faith to questions of order shall not be laughed at and sneered that I know of since the notice given a few moments ago. at so as to distnTb the proceedings of the House. The SPEAKER. Do t.heruJ.esrequire that there should have been Mr. SYPHER. We eouJ.d not help laughing at the gentleman from a meeting. Is that the gentleman's point¥ Wisconsin. 1875. CONGRESSIONAL RECORD. 893 1\lr. ELDREDGE. The "poisoned chalice" will be returned to your House to the character of the new rule proposed in this report. In Jips. the first place let me say the Committee on Rules was called to The SPEAKER. The Chair will hear the gentleman .from New getherseveral days ago and at a full meeting gave the fullest consid York, [~lr. Cox.] eration to this proposed rule. There were two things which the com Mr. COX. I have had the honor to serve on the Committee on mittee were desirous to secure. One was the preservation of that Rules for many years; and even during the war there were very few body of valuable experience and precedents which has aecumnlated innovations upon the rules; we preserved them substantially intact during the last ninety years in this country and for many centuries amid an the temptat.ions of that time. in England, and to do nothing which would in any manner mar the A MEl\IBER. What is the point of orrlerf harmony or injure the efficiency of that body of rules. That object Mr. COX. I am going to make the point. I resign my position on the committee kept steadily in mind in draughting the proposed that committee. amendment. There was, however, an evil which they desired and The SPEAKER. That is certainly not in order now. The gentle which we believe will be corrected by the rule I have reported. So man may make that announcement for dramatic effect, but he knows far as I know, the evil to which I refer does not exist in any legisla. that it is not in order now. tive body of the United States save this House of Representatives. 1\ir. COX. I gave notice of it yesterday. It has been ruled, from time immemorial, that, under the general par The SPEAKER. Nothing more irrelevant could possibly be ob- liamentary usage, two motions to adjourn cannot be made unless truded upon the House. business has intervened. It has been ruled in this House for the last Mr. COX. By what rule! twenty Jears that after a motion to adjourn, a motion to a.djourn to The SPEAKER. Nothing is more irrelevant. a specific day is new business. Therefore a member can move to ad Mr. COX. How does the Chair know that I did it for dramatic journ, get the yeas and nays on that motion, and then superimpose e:ffect'f on that a motion that when the House adjourns it adjourn to a cer The SPEAKER. Because the gentleman knows it is out of order. tain day, and that latter motion being considered business; and thus Mr. RANDALL. By what right do you cla.im to reflect on mem the two motions may be repeated ad infinitum, or so long as one-fifth bersf of the House are willing to demand the yeas and nays on these two The SPEAKER. It is absolutely out of order. dilatory motions. · Mr. RANDALL. By what right do you claim to reflect on mem Now, the experience of the last week has shown that a body of bers f one-fifth of the House can say to the Honse that there is a class of The SPEAKER. The Chair is willing with the utmost liberality public measures which not only shall not be voted on, but which shall to hear all points of order, but he is not willing to have the proceed not even be taken up for consideration- neither for debate, for amend ings interrupted in this way. ment, nor for passage. And we have seen this illustrated in the at 1\lr. RANDALL. Why does the Chair use such language to mem tempt of the House to consider- not to pa s, but to consider, to bers upon this floor Y amend, to debate-the bill relating to civil rights of American citi Mr. McLEAN. How does the Chair know the gentleman from New zens. The majority on this floor believe the House ought to consider York knows that he is out of order! that bill. They believe they ought to have brought it to the atten The SPEAKER. Because of the large experience and great intelli- tion of the House earlier than they have done; hut a minority of gence of the gentleman from New York. not one-third even have been able under the rule to which I have . Mr. COX. That is a very doubtful compliment. referred to say to this House, "You may take up an appropriation Mr. McLEAN. How does the Chair know he is not mistaken f bill and pass it; you may do such things as we shall select and point The SPEAKER. He knows he is not mistaken on that view of the out to you; but you shall not even consider any bill that we, the matter. minority, do not consent to." This demand is intolerable, is revolu Mr. GARFIELD. Mr. Speaker, I now resume the floor and propose tionary, and cannot be submitted to without dishonor. to proceed with what I have to say, a-s soon as I can have the House But the work of the last four days in this House has demonstrated rea onably still. that our rules enable a small minority absolutely to block the prog Mr. NIBLACK. I rise to a parliamentary inquiry. ress of legislation. Instead of using the rules to protect their rights The SPEAKER. The Chair recognizes the gentleman from Missis- of debate, they have used them to take away the rights of the House sippi. . itself. The Committee on Rules believe that such a power wa-s never Mr. LAMAR. I rise to a parliamentary inquiry. I submit with intended to be given for such a purpo e. the greatest respect whether the Speaker has the right to attribute a Let me remark in passing that I do not at all find fault with the motive to a gentleman making a point of order to charge him with minority when they .filibuster against an attempt to force them to a speaking for dramatic effect Y vote without debate. In my twelve years' experience in this Honse The SPEAKER. Possibly not; but when the Chair' is accused in I have known many occasions on which the minority claimed t.he various directions with ruling unjustly and depriving gentlemen of right to be heard when the majority were impatient and wanted to the very rights which he is and has been so studiously anxious to come to an immediate vote; and I have never known the minority preserve, the Chair may be pardoned for commenting with some free fail when they filiblllitered to obtain a reasonable time for debate; I dom of language. have never known them fail to get a hearing when they :filibustered Mr. COX. I never have made any such insinuations against the to obtain it. present occupant of the chair. Mr. ELDREDGE. I have known them to fail very often. Mr. LAMAR. Since I have been here I have treated the Chair with Mr. GARFIELD. And on that ground I have many times ap respect, and he has no right to make that point on me. proved of the action of the democracy in demanding a chance for The SPEAKER. The Chair does not refer in the remotest degree debate. Now, so far as I am concerned and I believe I speak for the to the gentleman from Mississippi, from whom he has received noth Committee on the Rules- at lea-st for three-fifths of that committee ing but respect, but the Chair cannot believe any gentleman in the - I am unwilling, and I believe they are unwilling, to make any rule House, and especially gentlemen so thoroughly conversant with the for the remainder of this session that they are not willing should rules as the gentleman from Pennsylvania and the gentleman from stand as the rule of the House next session when this side passes New York, could possibly believe in a proceeding under a suspension into a minority. of the rules· a motion to put in their resignations could be received Gentlemen have spoken here this morning about the chalice being as iu order. commended to our own lips. If this be a chalice, we have deliberately 1\lr. RANDALL. I say you have no right in any particular toques- fashioned it that it may be commended to our lips next se sion. For tion my motive or to reflect upon me. one, I hope the time will never come when I shall be ready to join in The SPEAKER. The Chair has not done so. a movement to declare that this great deliberative body of the nation Mr. RANDALL. I stand here in every respect as your peer. shall not deliberate. I hope the time may never come when party The SPEAKER. The Chair cannot believe that the gentleman zeal shall so inflame or partisan spirit so misguide me that I shall from Pennsylvania, unless he will so state to the House, considers it approve that doctrine that one-fifth of the House may say to four now in order to offer his resignation. fifths you shall not even consider certain great matt.ers of legislation, Mr. RANDALL. You have ruled my resignation out of order. which you believe to be vitally important to the nation. I may join The SPEAKER. Do you believe it in order' . with others in insisting on our right to be heard and to prevent Mr. RANDALL. I did when I made it, but yon ruled it out of rash and ha-sty action- without deliberation; but I will never join, order and therefore I cannot make it, but I wish to avail myself of the if I understand my own purposes and motives, in the kind of move first opportunity to present it. ment that has been made here during the la-st four flays to prevent Mr. GARFIELD. Mr. Speaker, at last I suppose I have the floor. the consideration of a great public measure. Mr. NIBLACK. I rise to a parliamentary inquiry. :Mr. SOUTHARD. Will the gentleman permit me to ask him-- The SPEAKER. The gentleman from Ohio has the floor, but the 1\lr. GARFIELD. Not at this time. The rule now reported Chair will hear the parlia.mentary inquiry. also attempts to provide against a dan~er in another direction to Mr. NIBLACK. I wish to make a parliamentary inquiry in good which I shall ref.·r a moment before closmg. Many members have faith, whether, under the resolution just adopted, debate may not be expressed the fear that if only the first four lines of this rn1e were lirnit.ed to less than an hour T adopted it would enable legislation of the character of claims and The SPEAKER. The Chair thinks not. subsidies, and what are sometin1es called jobs of various sorts, that Mr. NIBLACK. In the present temper of the majority of the House are urged upon a legislative body to be passed without the requisite any debate on this proposition would be a mere form-a mere farce. consideration. In order t-o prevent that the Committee on the Rules lli. GARFIELD. Mr. Speaker, I now call the attention of the have adJ.ed two provisos, or one proviso, the other one throwing its 894 CONGRESSIONAL RECORD. FEBRUARY 1, balancing force upon the first, so that the limiting of the rule in ness will have intervened and the motion will not be a dilatory mo regard to dilatory motions provided for here shall not apply at all to tion. As the Speaker said the other day, it is within the discretion any bill granting the public credit, the public property, or the public of the Speaker to determine whether the motion is dilatory or not. money, the regular appropriation bills being except-ed from that lim Mr. NIBLACK. If after business has intervened we can go through itation. these motions, what do you gain by the rule f Mr. STORM. Was not the Pacific Mail subsidy in a regular appro- Mr. GARFIELD. We gain this: 'l'he motion cannot be repeated priation bill. but once before the question baa been taken by a vote on t he mea-sure. Mr. GARFIELD. Certainly. · It is the same rule that now applies to motions to suspend the rnles; Mr. STORM. How, then, could this rule have prevented thatf only one motion to a~journ can be made. Mr. GARFIELD. But it required a two-thirds vote to suspend the Mr. NIBLACK. But suppose we cannot reach the question within rules to make the subsidy in order. the day, how are we to adjourn f Mr. SPEER. Would not all bills referring claims to the Court of Mr. GARFIELD. If there is debate, the motion may be made. Claims, and such claims as the Chorpenning claim, and all bills of The SPEAKER. The gentleman from Indiana is mistaken as to that class, have the benefit of this rulef the point of t.hls proposed rule; it rests upon the question of dilatory The SPEAKER. The Chair interposes an answer to the inquiry of motions. the gentleman from Pennsylvania, [Mr. SPEER.] By no possibility Mr. NIBLACK. But who is to decide what is a dilatory motion f could that cla~s of bills have the benefit of this rule. The SPEAKER. The Chair, of course. Mr. SPEER. I would be glad to have the Speaker state why, be Mr. NIBLACK. How f cause that is my honest understanding of the rule. The SPEAKER. The ru1es decide that. The SPEAKER. Simply because such bills must go to the Com Mr. NIBLACK. Then I understand that it will be in the discre mitt-ee of the Whole. tion of the Chair to decide whether a,ny motion is dilatory or not; and Mr. SPEER. On a point of order! against that, for one, I protest now and always. The SPEAKER. And the same point of order would exclude them Mr. KASSON. Subject always to appeal to the Hoose. from the benefit of this rule. Mr. ELDREDGE. 0, no; there is no chance for an appeal. Mr. SPEER. But the Chair will observe that this olass of bills do The SPEAKER. The gentleman from Indiana [Mr. NIBLACK] will not contain appropriations ; they only turn the o1'1imant over to the observe that the decision of the Chair in that respect would be in the Court of Claims for a decision on his c]aim., interest of the minority of the House. The SPEAKER. They go to the Committee of the Whole by the con :Mr. ELDREDGE. Not necessarily. I suppose you might decide struction now given to therules at allevents, and the Chair will give the other way. the assurance to the gentleman from Pennsylvania that they will do Mr. NIBLACK. If the Chair should decide too much in tb.e inter so in this Hoose. · est of the minority of the House, the majority would bke him in Mr. SPEER. I am very glad to have that assurance from the Chair. charge for it, as we have already seen. Mr. ELDREDGE. I object to decisions in a~vance of the effect of · Mr. GARFIELD. I now yield to the gentleman from Maine [Mr. this rule; they ought not to be made. When the point is presented HALE] to offer an amendment. . the Chair can decide it. Mr. HALE, of Maine. This rule provides, among other t hings, that The SPEAKER. The point was present-ed. The Chair is a mem the previous question on the engro sment and third reading of any ber of the Committee on Rules and haa a right to participate in the bill or joint resolution "shall not be ordered during the first day of discussion. its consideration unless three-fourths of tho members present shall Mr. RANDALL. Yes; on the :floor. second the demand." I move to amend by striking out "three-fourths" Mr. DAWES. I wish to make a parliamentary inquiry. In answer and inserting" two-thirds." to the question of the gentleman from Pennsylvania the Chair has Mr. GARFIELD. I now yield to the gentleman from Iowa [Mr. stated that the class of bills to which he refers go to the Commit KAssoN] to offer another amendment. tee of the Whole and that therefore this rule would not apply to Mr. KASSON. I wish to say that the amendment I propose to offer them. I desire to inquire what would be the application of the rule covers the ground suggested by the gentleman from Maine, [Mr. when they come back from the Committee of the Whole7 HALE.] I propo e to strike out of the proposed rule all after the The SPEAKER. It would not apply to them. word "adjourn" in the fourth line, and substitute an amendment. Mr. DAWES. I would like to be certain about that. To make my meaning more intelligible, I will st ate my object. A.s Mr. GARFIELD. If there is any doubt about that, I have only to the rule now stands it will require tln·ec-fourths of the members say that if gentlemen will prepare an amendment to the role I will present to second the demand for the previous question on the fi rst admit it. day of the consideration of any subject in order to get rid of the right The SPEAKER. The Chair will endeavor to elucidate the point. of dilatory motions. I desire to 1:!0 amend the rule _that dila tory The rule governing the referring of bills to the Committee of the Whole motions shall stand a-s they now do in cases where the previous ques reads thus: tion is seconded in the ordinary manner on the day the bill is first .All proceedings touching appropriations of money, and all bills making appro presented for consideration. In other words, instiead of requiring pri:>.tions of money or property, or requiring such appropriatious to be made, or three-fourths or two-thirds to second the previous quest ion the first anthm:izing payments out of appropriations already made, sba.ll be first discussed in day of consideration, I desire to le::~.ve the responsibility of dilatory Committee of the Whole House. · motions where it now rests, with the minority, both in this House Now, a bill refening a case to the Court of Claims is not specific an.d in the next Honse. ally included in this rnle, but this rnle has been adopted during t~e The legitimate object of all dilatory motions, I take it, is under occupancy of the chair by its present occupant, and he has nlled that stood on both sides of the House to be, first, to procure sufficient delay bills referring claims to the Court of Claims, and which may ulti for debate, and second to secure the attendance of a full or reasona mately by possibility become a charge upon the Treasury of the United bly full House. It is well known. tha t one ·object feared in this States, are included under the rule; and he will so rule in regard to that Hoose is that without this system of dilatory motions we might any class of bills under this rule. day introduce a subject in a thin Honse and carry an obnoxious meas Mr. DAWES. I have no doubt about the ruling of the Chair; but ure which would be defeated in a full House; or by the previous if a bill after it has been considered in the Committee of the Whole question you might cut off such opportunity for explanation or comes back t.o the House, how will it be then f debate as would show the bad charact-er of the proposed measure. The SPEAKER. The Chair can answer the gentleman very dis Now, how shall we arrive at a result which will harmonize all those tinctly, that in that case dilatory motions may be made on it. This who seek to do blli!iness in a legitimate manner and with a fair show rule expressly says that the rules shall not be changed in that re ing toward members of the Honse and the country T I think the spect. basis of it is given in this rule. First, as proposed by the committee Mr. GARFIELD. I will now yield to the gentlemn.n from Maine it cuts off dilatory motions in all cases. Then with a "but" and [Mr. HALE] to offer an amendment. with two provisos there are exceptions noted. Now instead of that Mr. HALE, of Maine, rose. "but" and the two provisos, I propose to provide three cases uuder Mr. SPEER. I understand the gentleman from Indiann. [Mr. which this rule shall not apply, and in such a way as to get riu of W1LSO~] had prepared an amendment. this now element in obtaining the previous que!jtion, and also to .Mr. WILSON, of Indiana. The gentleman from Ohio will yield to leave tha majority free to order the previous question upon the first me ne:x:t. · day, and then let the minority determine the necessity of insisting Mr. NIBLACK. I wish to have the ear of the gentleman from upon a fuller Hou e or fuller debate, and if they deem it important Ohio before he yields tho :floor, if he will allow mo. to take the responsibility of making dilatory motions. I do not Mr. GARFIELD. I have yielderl to the gentleman from Maine. wander far from the provisions of the rule reported by the commit Mr. NIBLACK. Allow me to ask a question only. too. I propose to amend the rule so that it will read: Mr. GARFIELD. 0, certainly. Whenever a. question is pending before the Honse the Speaker shall not enter :Mr. NIBLACK. Suppose this rule shall be adopted and a measure t-ain any motion of a dilatory character except one motion to adjourn and ouu mo shall be called up in its regular order; and a motion to adjourn shall be tion to fix the day to which the Honse shall adjourn. This rule shall uot be voted down and a motion to fix the time for adjournment is also voted enfor ced on the :first day of the consideration of a question in cases where the down; how can the House adjourn if a majority of the House uesire previous question shall have been se~:ondecl on that day, uor shall it appl,r to Ilouse resolutions offered in t ho mornino- hour of Momlay, nor to any propmntion to ap soY to do Jll'Opriate the money, crec.lit, or proporty of the United Stn~ es, except the regular .M.r. GARFIELD. After considering the meaBUre f-or a while busi- annual appropriatJ.on bills. 1875. CONGRESSIONAL RECORD. 895 It will be observed that I retain the two provisos reported by the Mr. BUTLER, of Maasa{}husetts. Except the Army appropriation Committee on Rules which leaves subject to clilatory motions all bill. bills except the regular annual appropriation bills. , Mr. BECK. The Army bill came· up after the holidays; if I recol Mr. GARFIELD. I will yield to the gen tleman from Massachu lect right, however, that was postponed at the request of the setts, who desires to offer an amendment. gentleman managing it because the necessary information from t he Mr. BUTLER, of Massu.chU:setts. I desire simply to move to strike Departments and Bureaus was not before the House. There were out of the proposed rule these words : no reports of Bureau officers before Congress to give us the infor But the previous question on the engrossment and third readini; of any bill or mation we required; and the bill was laid aside on the motion of joint resolution shall not be ordered during the first day of its cona1deration unless the gentleman from New York, [Mr. WHEELER,] who had charge three-fourths of the members present sholl second the demand. of it as the representative of the Committee on Appropriations. I will propose that amendment with the leave of the gentl(_3man Mr. BUTLER, of Massachusetts. On your objection. from Ohio, after other amendments are offered, and I will explain Mr. BECK. My objection was made because the reports required mY reason. . by law were not here; and that was recognized by the gentleman ~Ir. GARFIELD. The gentleman from Indi:lna [Mr. WILSON] managing the bill as a legitimate objection. desires to offer an amendment. Sir, I assert that no man on this side of the House has spoken more ?tu. RANDALL. There are two amendments already pending. than five minutes on any question since this session began, nor inter The SPEAKER. If objection is made, no more amendments can posed a single dilatory motion upon any matter of public business, be entertained under the rules. The two amendments legitimately unless the civil-rights bill can be called such. Let me explain the pending are the one offered by the gentleman from Maine [Mr. reasons for the course pursued by us during the past week. Gentle B.ALE] and the one offered by the gentleman from Iowa, [Mr. KAs men can contradict me if I state the facts incorrectly. I want the SON.] country to understand them, and to decide whether we are justifiable Mr. BUTLER, of Massachusetts. I rise to a. :parliamentary inquiry. in the course we have pursued. Under what rule are these amendments not m orderf Are we not The House will bear me out j.n saying that on last Tuesday morn acting under a bnspension of the rules f ing the Committee on Banking and Currency had the floor, and the The SPEAKER. The suspension of tho rules applied to bringing amendments to the Freedman's Bank bill, which were then under dis in the report from the Committee on Rules. cussion, went over to Wednesday morning as unfinished business, Mr. BUTLER, of Ma.ssachusetts. And it was to be considered un having precedence over all else after the reading of the JournaL A der the suspension. special assignment was also made for Wednesday by order of t.he The SPEAKER. Have we no rules at all, according to the view of House, for the purpose of considering the post-office appropriation the gentleman from Massachusettsf bill. These were the regular orders for Wednesday. An effort had Mr. BUTLER, of Massachusetts. We have the ordinary parliament been ma{}e on Monday to suspend the rules in order to bring np the ary law-the common law of parliamentary proceedings. civil-rights bill and other political measures. That effort had failed, The SPEAKER. The Chair has never been able to find out what thanks to the more conservative members of the republican party. that wns. Irritated, doubtless, by the failure to whip in all the members of Mr. BUTLER, of Massachusetts. I thought so. thoir party to the support of desperate measures, a caucus of the Mr. RANDALL. I withdraw my objection to the reading of these republican members of the House was held on Tuesday night in this proposed amendments. Hall, as the papers announced ; and on Wednesday morning the gen Mr. WILSON, of Indiana., I desire to amend by n.dding to the prop- tleman from Massachusetts [.Mr. BUTLER] undertook to call up an osition of the committee the following: old motion of his own to reconsider one of the measures that had Nor shall it apply to any proposition to refer any claim to the Court of Claims. been agreed upon in that caucus as most likely to produce disturb Mr. NEGLEY. I object. ance and strife. Thus the Committee on Banking _and Currency wa.s Mr. GARFIELD. I yield for a moment to the gentleman from to be taken from the floor, and the Committee on Aypropriations was Pennsylvania, [l"tlr. SPEER.] not to be allowed to proceed with the consideratiOn of the special Mr. SPEER. I a-sk the Clerk to read a. further proviso which I order. Doubtless the party lash was supposed to be sufficient to desire to offer. make all moderate republicans wince and submit to the dictation, · The Clerk read as follows: which on the previous Monday they had shown a determination to resist. Consequently, as soon as the Journal was read on last Wed .And provi&djurtMr, That this rule shall not apply to any bill, resolution, propo sition, or motion introun ced, made, or pending beforo its adoption. nesday, the gentleman from Massachusetts [General BUTLER] made a Mr. CESSNA. I ask leave now to offer the amendments which I motion to reconsider the vote whereby the civil-riRhts bill had been send to the desk. recommitted to the Committee on the Judiciary. 'Ihat bill had been The Clerk read as follows: laid before the House on the 18th of December, 1873, and kept there Insert after the word "a{)jonrn" in the fourth line these words: "which latter under discussion until the 7th of January following, then recommit- - motion shall not be entertained more tha.n once on the samd d:.y pending the con ted to the Committee on the Judiciary because the House was un sideration of the same bill on joint resolution. willing to pass it-the gentleman from Massachusetts voting against The SPEAKER. That refers to the motion to fix the day to which the pa88age of his own measure by voting to recommit, and then the ~ouse will adjourn. quietly entering a motion to reconsider and allowing it to lie without ~Ir. CESSNA. Yes, sir. There is one other proposition which I being called up or acted on for over a year-then, Mx. Speaker, be ask the Clerk to read. cause eicrhteen of the members of his own party had voted against The Clerk read as follows : the revolutionary meMures proposed by him on the prev ions Monday Add a.t the end of the report of the committee the following : on his efforts to obtain a suspension of the rules, because we on this It shall be in order for the Judiciary Committee to reportoills and joint resolu side of the House had successfully resisted him and his radical allies tions of a. public chara~ter at any time during Thursdays: Provided, however, That after he had allowed the civil-rights bill to lie for over a year, he this privilege shall not be so exercised as to iuterfere with th" mornin.~ hour, nor with the consiueration of regular appropriation bills, nor with bills reported by the flung it defiantly and almost insultingly before the House, and after Committee on Ways and .Means aftecting the revenue, nor with special orders pre a signal failure now seeks by revolutionary proceedings to induce viously assigned. It shall be in order for the House, by a majority vote, to dis the House to determine that the rules be so amended that all power pense with the further reading and correction of the Journal at any time after of resistance be taken away from the minority. · thirty minutes shaU have been spent in such reading ~u correction. When in the face of all the business of the House it was flung in Mr. WILL.ARD, of Vermont. I rise to a question of order. Are here on la-st Monday morning, we of oourse did our best to resist it these amendments all considered a-s pending' and defeat it. We did defeat it strictly under the rules of the House, The SPEAKER. They are now read for information merely. The and because wo made this resistance we are now charged with at Chair will rule upon them, if necessary, when they come up for con tempting to break down the rules of the House and with impeding sideration. all legislation, when the fact is well known by our conduct and constant Mr. GARFIELD. I yield five minutes to the gentleman from Ken avowals that we were all the time in favor of proceeding with the tucky, [Mr. BECK.] regular l e~islati ve business of tho House, and wero only resisting an Mr. BECK. Jlrir. Speaker, I do not profess to be thorou~hly posted attempt ot gentlemen ou the other side of the House wrongfully to in parliamentary law, and I would not say a word now tmt for the inject an obnoxious political measure at the dictation of a party cau fact t-hat it has been assumed all through this discussion that these cus. The charges made do not justly lie against us, for I again revolutionary measures had to be resorted to by the republican ma assert, and want the country to know, that during the time this jority and the rules changed without even a.Uowing the committee to House has been in session we on this side of the House have never meet in the way now about to be done, because of the falsely alleged ma{}e a dilatory motion or sought to impede or in any way delay the illegal and revolutionary conduct on the part of the minority of this business of the House. Not a member on t his side, I repeat, has House. I deny that assumption, and the history of this Congress will made a speech of more than five minutes. We not only have not bear me out in the denial. We have not since this Cong1·ess met obstructed the business of the country,.lmt have continually avowed interposed any objection to business. On the contrary, as the record and proved our willingness to o-o on with business, only re isting shows and as the country knows, we have not even asked for general and that at the last moment, when failure to resist would have been debat e upon a. single appropriation bill. l!'or the purpose of facilitat cowardice-what was thrown in designedly . as a fil:e¥braud. The ing lmsiuess we aided in passing t he legislative, executive, and judi civil-rights bill was allowed' to lie uutollched for over a year, and cial appropriation bill, the naval appropriation bill, and all others now, after we had been in session for two months with only one month presented to ns before the holidays, which we all know is unustL'1lly of the session remaining, it has been, as I have already st ated, flung expeditious. iu bore, and au attempt made to thrust all other business aside in 896 CONGRESSIONAL RECORD. FEBRUARY 1, order to force it through-in order to insult us and cast odium on Passing from that, I agree that the rule submitted by the commit the repnblican members who on Monday week would not obey the tee would be a good one if this were the first Monday of December, order of the gentleman from · ia::;sachusetts, [Mr. BuTLER.] 1875. Mr. Speaker, my understandiug has always been that two-thirds A MEII'ffiER. Eighteen hundred and seventy-four. of this House coulcl do anything. They can expel a member- the Mr. BUTLER, of Massachusetts. No,_sir; 1875. But what are we hlghest power po!::lsible; indeed they can expel nll the members on this about, We are making a change of rules for an exigency. We have side of this House, and need give no reason for it. That is one of got but twenty-six more legislative days of this Congress left. We their powers. It is presumed, of course, they will not exercise it have got nine appropriation bills to consider. We have not heard wrongfully. The minority have the inferior right under the rules, from the Committee on Ways and Means yet in re()'a.rd to taxes and which have existed for nearly half a century, when any matter bas raising the revenue. Now, then, this rule as framed allows and legal been improperly sprung upon them, as this civil-rights bill has been, izes filibustering. It allows it to go on one day; and being allowed to and especially after all its principles and its advocates have been re go on one day, every bill if the minority chooses can be held off one jected by the people as has been done at the polls last November, to day. And upon what pleat Upon the plea that they ought to dis resist it in the manuerwebavedone, without being liable to the charges cuss bills. Why, sir, when I offered them, standing here, the opportu made against lli!. We di:fter from other countries in this : members of nity to discuss the civil-rights bill, they chose to discuss it by making · this House hold over after the party has been defeaterl at the polls motions to adjourn and to adjourn over to a day certain, for over for and a majority of the opposite party elected. But after such an elec ty-six hours together, and never opened their mouths in any way tion a-s was had last fall, when the advocates of strife, hatred, and except to object to hearing their own platform read which declared discord wtre repudiated by the people and all the principles of the the equality of the rights of an men under the law. legislation now proposed were discarded, we did think we ha-d the Now, then, we are here in this.. exigency- with the country almost right to resist the pacssage of this so-called civil-rights bill. And we breaking into civil war, with White Leagues organized all over the did resist it. We were fully aware that on every l\fondaytwo-thirds South, with one State disorganized and held by bayonets alone- are of this House can suspend all rules. We-could only delay a-ction for we to give up one-half of the remaining time of this House to filibus a few days, if you were united in passing this most objectionable and tering'/ as we think unconstitutional measure. Why, then, change the rules Mr. NIBLACK. I rise to a question of order. of the Housef Why seek, in every particuJar, to destroy the rights Mr. BUTLER, of :Massachusetts. If it does not come out of my time. of the minorityf You have the power to suspend all rules and pass Mr. NIBLACK. I raise the point of order that the nue requires the wba.tevcr measure you please. You have oneveryMondaythe power gentleman to a-ddress the Chair. The gentleman is addressing the of expulsion; you have absolute power to do as you see fit by a two gallery. thirds vote, and all we h:n~ e the power to do is to delay a little while Mr. BUTLER, of Massachusetts. I htwe the floor, and do not yield until you determine whether Wf' are to be overridden in all our ef to the gentleman. forts to preserve, as we conceive, the peace and order of society. To 1\fr. NIBLACK. I insist that under the r ules tbe gentleman from day yon can suspend the rules aud accomplish what you desire with Massachusetts must address the Chair and not the galleries. out putting a general f!ag upon us, if you are nnited in desiring the Mr. ELDREDGE. The gentleman from Massachusetts is address passage of this bill. Why, then, proceed beyond that, and seek to ing the gallery only in order to gi.ve color to his speech. destroy all our rights and power of resi~:~tance, if you have no other Mr. BUTLER, of Mass:.~ . chusett-s . I am aware, sir, that all this has bad purposes to accomplish hy securing our silence Y been-- Now, .Mr. Speaker, as my time is nearly exhausted, I should like to Mr. NIBLACK. Mr. Speaker, I insist that the rule shall be enforced. have the first page of Jefferson's Manual reu,d by the Clerk. It is the The SPEAKER. What is the point ma.de by the gentleman from law by which we are governed. It will only take a few minutes. It Indiana? contains the trne ~octrine on this subject, and it will he well for the 1\fr. NIBLACK. It is that the gentleman from Massachusetts does House to listen to it and understand it. The Clerk will please read not address the Chair but the gallery. And I ask that the rule be what I have marked. enforced. . The Clerk read as follows : Mr. BUTLER, of Massachusetts, (having taken his place on the Mr. Onslow, the ablest among the Speakers of the Honse of Commons, used to platfonn beside the Clerk's desk.) I believe I a.m now in order. LAp say, ''It was· a maxim be had often heard when be was ·a young man, from old anti pla.nse in the galleries.] experienced members, that notl~n~ tended more to throw power into the hands of The SPEAKER rapped to order, and said : It is a great abuse of administration,andtllosewho acwa with a majority of the House of Commons, than a ne~le.ctof, or a departure from, the rules of proceeding : that these forms, as insti the privileges of the House for those. in the galleries to presume to tutea by our ancestors, operated as a check and control on the a{} tious of the ma show either applause or disapproval of anything on. the floor. j ority, and that they were, in many instances, a shelter awl protection to the minor Mr. COX. Mr. Speaker, it is for dramatic effect on the floor. ity against tbfl attempts of power." So far the maxim is certainly true, and is foum1ed in good sense, tha.t as it is always in the power of the maj ority, by their The SPEAKER. The Chair always rebukes what is for dr~tmatic numbers, to stop any improper measures proposed on the part of their opponent-s, effect, whether in the gallery or on the floor. tho only weapons by whieh the minority can defencl t.hemsell"es against similar Mr. NIBLACK. Is the gentleman from Massachusetts now within attempts from those in power are the forms and rules of proceeding which have the rule? been adopted as they were found necessary, from time to timu, and are become the J.a.w of the House; by a strict adherence to which, the weaker party can only be pro The SPEAKER. The gentleman from Massachusetts can speak tected from those irregularities and abuses which these forms were intended to from his seat, or from the Clerk's desk. check, and which the wantonness of power is but too often apt to suggest to large Mi. BUTLER, of Ma-ssachusetts. I desire to be within every rule and successful majorities.-2 Hats., 171, 172. of the House . .And whether these forms be in all cases the most rational or not, is really not of so great importance. It is much more material that there shoulu be a rule to go Now, then, I say agai.n that all this that we have seen here for by, than what that rnle iS; that there ma.y be a uniformity of proceedin.., in busi forty-six hours, and for days besides that have been wasted, has been ness, not subject to the caprice of the Speaker, or captiousness of the members. It that in view of the present condition of the country the republican is very material that order, decency, and regularity be preserved in a dignified House of Representatives and the republican Congress might afl"ord pulllic body.- 2 Hats., 149. no remedy for that condition of things; and therefore I beseech the Before the reading wa-s completed, majority not to allow any filibustering under our form of rules. 1\fr. GARFiELD sa.id : I yield to the gent.Ieman from Massachusetts. Therefore I move to strike this portion out. Mr. BECK. Let the Clerk finish the reading of the passage I have Can you not trust each other'/ Can you not trust the majority of marked. t.be House in this time of peril, in this exigency of the country; Mr. KASSON. The House of Commons have no such rules. when we a.re warned by the gentleman from Kentucky that he would l\fr. KELLOGG. I wish to call the att-ention of my friend from sit here till the 4th of March to filibuster rather than allow us to Kentucky to the fact that he is mu,king a ten-minute speech now. pass the ci vil-rights bill, or even to consider itY Are we now t.o be Mr. BUTLER, of Massachusetts. ·what becomes of my five min- a.sked to give up one-half of all the time left us, out of courtesy, to utes Y · the minority, which shows us nothing but their teeth 'I The reading was then completed. 1\ir. TREMAIN. Will the gentleman :;~.llow me to ask him a ques Mr. BUTLER, of Massachusetts. I defer, Mr. Speaker, what I in tion 'i' tended to say. That was excellent good doctrine against a kingly gov 1\Ir. BUTLER, of Massachnsett!:l. Yes, sir. ernment and administration under a crown, but it does not apply to Mr. TREMAIN. Is it not also necessary, in order to legislate upon the power in the hands of an administration under the vote of the any southern question except the civil-rights bill, now before the people. I have further to say no administration, no legislative body House, that t.he amendment offered by the gentleman from Pennsyl in the world has ever been cursed with the rules with which this vania [Mr. CESSNA] or some kindred rule be adopted, so as to bring House has been cursed. Where did they come from f T~ey are the those mea-sures before the House t relics of the old slave power. They were made t.o protect that power, Mr. BUTLER, of Massachusetts. Clearly. And therefore I was to prevent any discussion of abolition. I know whereof I affirm. They about to ask gentlemen to consider the amendment offered by the were made to throw the power of legislation into the hands of a few gentleman from Pennsylvania, so that the House can pass a bill by leading committe£>.s so that no resolution could ~e introduced and which the Presitlent -can be armed with power to preserve the peace nothing discussed which was not in accordance with that power. of this country so long as he is iu the executive chair. And the correlative rule was introduced into the convention to nom Mr. TREMAIN. And let me ask further: Does not this whole con ina.te tho President that it should be by a two-thirds vote, so tha.t the test lose its significance if we simply adopt this resolution, having South and the interest of slavery should control the nomination of no referencs to new bills that may be introduced 'f the President. Therefore every President we had at the North always Mr. BUTLER, of Massachusetts. Clearly it does. We will have looked to the South, and tlVery candidate too. no way to get new bills before the House, · . 1875. CONGRESSIONAL RECORD . . 897 One thing further. We cannot prolong a session of the House dur Mr. BU'XLER, of Massachusetts. Undoubtedly the rules, but_not ing a long day, for the longer we make the day the furt.her we post the Uonstitution. pone the call of the previoUB question on our bill. We cannot hasten Mr. COX. Sir, were not the rules, if not the Constitution, adoptecl legislation under this provision at all. If we undertake to sit out a by what is called the sl~ve power Whence came these hitherto in long day, and one session is alwa-ys a legislative day however long it" violab~e rules! They antedate the Constitution. They originatetl is, why then we have only taken away one day more and fatigued in a contest in England against prerogath·e, and were intended to ourselves for no advantage whatever. I pray you good and true men, save·the people from the encroachments of the crown. If a Walpole who stand for the country, to stand together and release our hands were corrupting Parliament or a king were invading its privileges, which have been tied here, so that we cannot do anything for the they were intended to protect the Commons themselves from brreed benefit of our country, and t,o pass a rule that shall not be emascu and aggression. If the crown threatened and arrested; if it at lated by such a provision as this. tempted to overawe the fountain of supplies and the reservoir of M.r. TREMAIN. I desire to ask the gentleman a question. Is there liberties; if Maqna Charta or the petition of right were invaded, then any way in which we can reach that amendment except by voting in came the rules of the Commons to save the realm from fraud, force, down the previous question 'f chicane, and absolutism. It mattered not whether the evil ca.me from Mr. BUTLER, of Massachusetts. No, there is no other way; and Mr. Speaker or a kingly Stuart, the parliamentary defiance met it! as the rule will stop all debate at the end of an hour, let us vote down These rules were intended to protect. the minority. The majority the previous question, and then each one of these amendments will come can always protect themselves. The first page of our Digest, which I up and be voted on and the majority of the House can then flo what had marked to quote before my friend from Kentucky [Mr. BECK] they ought to do-pass such a rule as will enable us to carry forward had it read, means that the very object of all rules of a legislative the public business without having one-half of our time frittered a. way quality are intended to sa.vetheminorityfrom"the ruthless and reckless at the will of a minority who show that they are determined to delay. audacity of the insolen~ m.ajority. When they are abridged liberty Mr. GARFIELD. I now yield five minutes to the gentleman from is abridged, and tyranny supervenes. . New York, [Mr. Cox.,] my colleague on t.he Collllllittee on the Rules. And now you members of the other side, so effuse with senseless Mr. COX. Mr. Speaker, I did intend to discuss this matter in mirth to-day, with all your affected wisdom-just dropping and the light of a conscientious member of the Committee on Rules, who dropping into a little minority in the next Congress-for the sake of ha not been active in the contests of the past week; or in such a a temportu7 advantage on this abstract, dead, and inconsequential light as a just revision of the rules woulu reveal. But, sir, I have business of civil rights, propose to break down all these conservative been rebuked hy the Chair. Whyf Onl;y for being somewh:J,t "dra checks and safeguards. No wonder it took a week to bring your own matic" a moment ago in my resignation as one of the committee. men up to the bad work. I think the majority here, if they sat till I will remiml the Speaker that there have been other dramatic per doomsday, should prevent the quackeries and extravagances con formances here. These also should have been, sternly rebuked. nected with :Federal legislation. To avert such excesses is the chief .Among them is this constant dramatic performance, call it farce or object of these rules. You would kill the rules to run riot till1876 and tragedy, from floor to gallery, just performed by the gentleman from ever after! It was a wise remark of some one that we ought to have :Mas ·achusetts, [Mr. BUTLER.] Where is his political or moral right more fencing or less quack advertising in medicine in this country. t.o call this siue of the House in question for being revolutionary¥ I am for more fences. I oppose all quackeries. This side of the House represents two-thirds of the intelligence and Mr. Speaker, these rules are venerable. Theb" have stood the test vot-ing power of this country. The gentleman who spoke last [.Mr. of time. Over ninety years they hn.ve remained for our wise guid BuTLER] knows it well. ance. They have the paternity of the father of democracy himself. Mr. RANDALL.. And feels it well. I mean Thomas Jefferson. They were framed in the interest of lib Mr. COX. But becalli!e I happened to make an appeal-which I erty and not of royalty. They were intended to avert all use of the thought proper for my humble self-respect-for retiracy from the wages of the people, not necessary for Government use. They are the Committee on Rules, I was reminded by the Cllair that I was doing checks against fraud and force. Jefferson himself introduced them it for " dmmatic effect ;" and yet the gentleman from Massachusetts to the newly 1isen Republic. He gave to them in his Manual the [Mr. BUTLER] can leap into the Clerk's desk, assume his attitudes, rationalia of their e:x:istenc~. \Vhen they are alleged to be th.e efilu and speak to the cheering and cheerfullazzaroni in the galleries, and ence of the "slaV'e power/' we can only laugh at the ''dramatic" l1e applauued to the echo by them, as he has been time ancl again impotence of such allegations. under the present Speaker, and the accomplisheu Chair has nothing I may not know how to express here and now my full admiration to sa.y to him or t.he House on the subject of "dra.matic effect! " of these rules1 nor to assist decorously as one of the Coihmittee on The SPEAKER. The gentleman from New York will observe that Rules in admmistering.or interpreting them. I may or may not be the rules specificallygi.vethe gentleman from .Ma.ssachusetts the right entitled to the ele~ant and undeserved compliment bestowed upon to speak from the Clerk's desk if he chooses to clo so. mo by the a-ccomphslled Speaker. But one thing is certain-that dur Mr. BUTLER, of Massachusetts. I did not go the Clerk's desk at ing all the time I have been in Congress, and I have been here dur aU until I was called to order. ing the best part of my life-and during the war, when the tempta Mr. COX. I am not finding fault with that. tion was very stmng to change the rules, I have stood steadfastly as The SPEAKER. The gentleman intimated that the gentleman on an adamantine roclr against all innovations. I believe on one from Ma sachusetts had done something not within the rules of the occasion there is an exception. For that single innovation my friend llouBe. · from P ennsylvania [Mr. RANDALL] and myself have been often Mr. COX. Well; it was not according to the " general usage" of scolded on this side of the House. I do not believe that we deserved the House. 0, no I their reproaches. We acquiesced, a litt.le sullenly, in t.he breaking The SPEAKER. No ; but it is in accorda.nce with a specific rule down of the old rule, so wasteful of patience, time, and reason, which of the House. required a majority to second the motion to supend the rules on oa_r Mr. COX. 'I'he last part of this drama.t.ic performance of the gen Monday abstractions. \Ye did not make mneh of a contest on that tleman bad reference to our filibustering to prevent a certain class point. We did what we thought was in the interest of the business of business from passing. He men.nt, I suppose, southern matters as of the House. I am not sorry that it h.. House the right to stop the passage of any bill whatever, appropri Mr. SCOFIELD. I hope the gentleman will allow me to ask him at.ion bills or any other kind of legislation. Not only that, but it a question. rri ves them a greater power; it gives the power to a less number than Several MEMBERs: 0, no ; there is not time. gne-fifth; because although it takes one-fifth to order the call of tho Mr. TREMAIN. If the objection is on tho score of want of time, I yeas and nays, a less number may continue to make these dilatory hope everybody will consent that we may have half an hour morofor motions over and over again and to force a vote upon them, and thus debate. consume the time of the House. .A 1\IEMBER. The poisoned chalice will be commended to their lips. Now; what do we propose to do! Simply to provide that in the Mr. LAMAR. I hope not, sir. I hope that when tho democracy future that construction shall be placed upon tho rules in certain come into power in this House they will reinstato this ancient a.n(l casea which was de~igned by the men that made the rules. I deny, time-honored rule, and observe its obligations as faithfully as they what the gentleman from Ma-ssachusetts [Mr. BUTLER] alleges, that have n,lways professed to observe the compromises of the Constitu the slave power ever designed any such construction to be placed on tion. these rules. The right to move to adjourn and the right to fix the Now, sir, let me resume (if the gent.lem::m from Ohio will allow mo (lay to which the House shall adjourn were i~trodnced in the rules to proceed) the argument I was presenting when interrupted. This ltecause it was absolutely necessary that those motions .should be rnle, in the hands of a minority, cannot effect :tnything except legis privileged. And a minority of one-fifth of the House have taken lative action more or less protracted. There is in every legislativo advantage of that fact and this abuse has grown up. body a power of final control, and in the contest between it and tho Mr. BUTLER, of Massachusetts. Under the construction given by checking forces in play the victory will always be gained by the deJ::Uocratic Speakers. holders of the actual power. Mr. SCOFIELD. I eay the purpose in framing these rules was In the use which the minority have made of this rule there has simply to give the majority of the House an opportunity to aujourn been no irregnlarity-no departure from well-established -parlia and to fix the day to which they shall adjourn. And the abuse under mentary usage. the construction of that rule has grown up which g1ves to one-fifth Here, sir, is the civil-rights bill. Let us speak plainly. Here is a bill of this House a practical veto upon all legislation. \Vhen the House that a portion of the majority of the House favor, and which a adopted the rnle that a motion to adjourn shall be privileged, and minority opposes. I do not believe that there is a majority in favor then the second rnle to fix the day to which the House shall adjourn of its provisions a~ it now stands; but a body of extreme, dominat sball also be privilege(l, it was never designed to pnt it in the power ing, resolute men, who are men of moro will than the passive major of one-fifth of this House to veto all legislation. All we attempt to ity generally around them, are driving, by force of party organiza do now is to cut off the abuse which puts the power to legislate, or tion, this measure through this House. Suppose we permitted. t.hat rather to obstruct ~legislation, in the hands of one-fifth of the mem to be done; suppose we did not resor~ to these dilatot·v motions bers of this House. which the rules of this House allow us five days of the week to resort In doing that, the Committee on Rulea haye been extremely cautious to; suppose we allowed that bill to come up "for consideration," as to preserve even that abuse of power in reference to any measure the gentleman from Ohio says, but, as he knows, for final action :md which involves a subsidy or any appropriation ·outside of the regu passage; would it not be passed really through our agency and not lar annual appropriation bills. The rule never should have been yours f Would it not be passecl by the non-action au The SPEAKER pro tempore, (Mr. TYSER in the chair.) The gen :Mr. BLA.Th"TE. When will it be picked up again if it is laid asi . 1875. CONGRESSIONAL RECORD. 901 vote; first npon the amendment of the gentleman from Maine, The SPEAKER. It might eontain a dozen. [Mr. HALE, ] then upon the amendment of the gentleman from Iowa, Mr. CESSNA. I know it; and, if so, we would have a right to a [Mr. KAsso:-~,] anrl then upon the rule itself. · separate vote on each. • .Mr. BUTLER, of Massachusetts. .And will not allow any further The SPE.A.KER. The Clerk will read the original proposition a.a amendment Y propo ed to be amended by the gentleman from Iowa.. The SPEAKER. And will not a.llow any further amendment. The Clerk read as follows : Mr. CESSNA. Would it not be ·in order for the gentleman from Whenever a question is pending beforo the House, the Speaker shall not enter Ohio [Mr. GARFIELD] to call the previous question u,pon the two tain any question of a. dilatory character except one motion to adjourn and onemo pending amendments ; and then, after they have been disposed of, to tion to fix the day to which the House shall a{l.jonrn; but this rule shall not bo allow two other ·amendments to be offered, and to call the previous enforced on the first day of the consideration of the question in cases where the previous question shall have been seconded on that day, nor to House resolutions question on them offered in the morning hour of Monday, nor to any proposition to approprmte the The SPEAKER. He could do so. money, credit, or property of tho United States except the r~"lllar annual appro 1\lr·. KELLOGG. I understood the amendment moved by the gen priation bills, nor to any proposition to refer any claim to the vou:rt of Cl..aims. tleman from Iowa [Mr. KAssoN] to be offered as an amendment to The question being taken on the amendment of Mr. KAssoN, it waa the amendment moved by the gentleman from Maine, [Mr. HALE.] not agreed to; there being ayes 43, noes not counted. If so, does not the question first come on the amendment of the gen- The SPEAKER. The question now recurs on the 8mendment of tleman from Iowa f • the gentleman from Ma.ine [.Mr. HALE] to strike out "three-fourths" The SPEAKER. That would mnJro no difference in the result. and insert "two-thirds." Mr. MAYNARD. I have not consumed much time in this discus Mr. RANDALL. Is debate on that amendment in order f sion. I desire the Chair to inform me, anrl in informing me to inform The SPEA.. KER. 'No, sir. the _a:onse, whether there is any mode of getting in any other a.men EXPENSES OF LOUISIA...'{A COl\cnnTTEE. The question was put on suspending the rules; and (two-thirds Mr. BUTLER, of Massachusetts. I rise to a question of privilege. -voting in favor thereof) the rules were suspended, n.nd tho resolution I move to suspend the rules in order to enable me to oti:er a rosolu was adopted. tion appropriating a sum of money out of the contingent fund for INSTRUCTOR OF TACTICS AT WEST POTh~. the use of the committee in Louisiana. Mr. YOUNG, of Georgia. I am instructed by the Committee on 1\Ir. HALE, of New York I move that the House do now adjourn. :Military Affairs to move that the rules be suspended so a-a to make it The SPEAKER. The Clerk will read the resolution offered by the in order, when the House shall have under consideration the Military gentleman from Massachusetts. AcademybillinCommittee of the Whole, to offer the following amend The Clerk read as follows: ment: Resolved, That the rules be suspended and the following resolution adopted: That the assistant instructor of tactics commanding cadet' companies shall re Re8olved, That the Sergeant-at·.Arms be authorized to draw from the Clerk of ceive the same pay and allowances aa the assistant professors in the other branches the House, out of t-he contingent fund, the sum of $9,000 for the use of the special of study at the National Military Academy. committee authorized to inquire into affairs in Louisiana, of which Hon. GEORGE F. HoAR is chairman, and that the Sergeant-at-Arms file bills approved by the Com. I will state that this is the unanimous report of the committee. mittee on Accounts for such portions of said amount as shall be expended by said :Mr. HALE, of New York. I am opposed to fixing. salaries in that committee in said investigation. way. Name th.. salary you propose to pay. Mr. DAWES. I would inquire of my colleague if he thinks that Mr. YOUNG, of Georgia. If I may be heard I will explain it. amount to be sufficient Y The SPEAKER. It is not a proposition to pass a measure, but sim Mr. BUTLER, of Massachusetts. It will be sufficient, I think. ply to make it in order in Committee of :the Whole when the Military The SPEAKER. The pending question is upon the motion to ad- Academy bill is under consideration. journ. . · The motion to suspend the rules was seconded. Mr. KASSON. Pending that motion I move that when the House The question was then taken on suspending the rules; and (two adjoums it adjourn to meet on Wednesday next. thirds voting in favor t,hered).the rules were suspended, and the The SPEAKER. That is exactly what it will do if it adjourns p..ow. motion of Mr. YOUNG, of Georgia, wa.s agreed to. V...r. KASSON. But this is .Monday, sir. BOUNTY TO SOLDIERS. · :Mr. GARFIELD. 0, no; Tuesday has dropped out. Mr. KASSON. Then I withdraw the motion. Mr. WARD, of New Jersey. I move that the rules be suspended The question was taken on the motion to adjourn, and it was not for the purpose of passing a bill granting bounty to the heirs of agreed to. soldiers who enlisted in tho service of the United States, during the Mr. BUTLER, of Massachusetts. ·I rise to another privileged mo war for the suppression of the rebellion, for a less period than one tion. J move that the House proceed to the business on the Spea,k year, and who were killed or have died by reason of such services. er's table for the purpose of taking up the Senate civil-rightslJill. Mr. HALE, of New York. I move that the House do now aQ.journ. The SPEAKER. The question must first be taken on the gentle The question was put, and on a division there were-ayes 77, noes 88. mn.n's motion to suspend the rules and pass the bill making an appro So the House refused to adjourn. priation for the payment of expenses of the Louisiana investigation. Tho SPEAKER. The bill which the gentleman from New Jersey The question was put on seconding the motion to suspend the proposes to pass will now be read. rules; and it waa agreed to. The bill was read. It provides that the heirs of any soldier who The question was then put on suspending the rules; and on a div.i was killed or died while in the military service of the United States sion there were- yeas 122, noes 29. in the line of duty in the war for the suppression of the rebellion, .Mr. YOUNG, of Georgia. I call for the yeas and nays. whose period of enlistment was for less tha.n one year, or who shall The yeas and nays were not ordered, only twelve members voting have since died by reason of wounds received or diseuse contracted therefor. in such servjce, shall be entitled to receive the same bounty as if the :J\.lr. YOUNG, of Georgia. I withdraw the call for a further count. said soldier h:td ·enlisted for three years; but the heirs so entitled So (two-thirds voting in favor thereof) the rules were suspended are to be such only as aro included in the first section of the act of and the resolution was adopted. July 11, 18ti2. Mr. HALE, of New York. I move that the House do now adjourn. · The bill further provides that nothin~ in it sltall authorize the pay The question was taken, and the motion was not agreed to. ment of bounty to the heirs of any soluier who has already received bounty from the Government of the United States. VETO MESSAGE-ALF~DER BURTCH. :Mr. SPEER. That bill is right· as far as it goes; it does not go · The SPEAKER laid before the House the followin~ veto me88age far enouO'h, · of the President of the United States and accompanymg letter: Mr. DONNAN. Has that bill been authorized by the Committee on To w House of Repre8cntatives: · Military Affa-irs 'I I have the honor t~ retnrn herewith House bill No. 4462, entitled "An act for Mr. \VARD,ofNewJersey. lthasnot; itisintroducednowforthe the relief of Alexander Burtch," from which I withhold my approval for the rea first time. The whole sum covered by the bill will not exceed 8600,000. sons given in the accompanying letter llf the Secretary of 'Var. Mr. GUNCKEL. It is only one clause of the general equalization bill. U.S. GRANT. EXECUTIVE MA.~SION, The Committee on Military Affairs have reported a bill to equalize the January 30, 1875. bounties of all soldiers. :Mr. DONNAN. This ought to be considered in connection with WAR DEPARTME~'T, the soldiers' equalization bounty bill. W1I8hin.gton Oity, January 28, 1875. Mr. SPEER. It does not go far enough. Sm: I h.'l.ve the honor to return House bill No. 4462, for the relief of Alex:mder Burtch. - Mr. GUNCKEL. It does not go far enough; it is right enough ad · It a.ppe.'l.rs from the records of this office that Alexander Burtch, Company H, far as it goes. . First Indian'!. Artillery, enlisted .July 24, 1861, for three years, re-enlisted aa a vet The question was upon seconding the motion to suspend the rules eran .January 1, 1864, and deserted at. Fort Gaines, Alabama, September 25, 1865, and pass the bill. and was a deserter at large at date of muster out of his company, .January 10, 1866. This Departmontemphatico.lly objects to this bill becoming a law upon the ground The House divided; and there were-ayes 50,·noes 53; no quorum· of it<:! great injustice t.o every soldier who served honorably until his services wore voting. . no longer required by the Govern mont. Tellers were ordered; and Mr. WARD, of New Jersey, and 1\Ir. STOIUI Very respectfully, your obedient servant, were appointed. WM. W. BELKNAP, Secretary of WaT. The House again divided; and the tellers reported that there To the PRESIDENT. were ayes 103, noes not counted. The message and n.ccompanyin~ letter were referred to the Com- So the motion was seconded. mittee on Military Affairs, and oruered to be printed. . The question was taken on suspending the rules; and upon a division there were-ayes 95, noes 44. THE INSANE. POSTAL RIGHTS OF MESSAGE FROM THE SENATE. Mr. PLATT, of New York, by unanii:nous consent, presented a me A mcsaa.ge from the Senn.te, by 1\fr. SYMPSON, one of their clerks. morial in support of the bill for the protection of the postal rights of informed the House that the Senate ha