• i ,, •• - ~- .. •.J ,. - . '\.. ,...... - I f 10232 CONGRESSIONAL REOORD-HOUSE. SEPTEMBER 19,

Mr. DOLPH. I should like to ask the Senator what he would do in Tu:enty-thfrd Regiment of Infantry. a case where twenty-one terms of the circuit court were provided for Class in a single year and at places some of them 2,000 miles apart. rank. : Mr. .MORGAN. I think there must be twenty-five or thirty in the 46. Cadet Hugh Swain. fifth circuit district down South. I want to relieve against that; I Twenty-fifth Regiment of Infantry. want to have more judges and smaller circuits. 54. Cadet Vernon A. Caldwell. Mr. EV ARTS. I move that the Senate adjourn. The motion was agreed to; and (at 5 o'clock and 33 minutes p. m.) TO BE SECO:ND LIEUTENANT.

t I the Senate adjourned until to-morrow, Saturday, September 20, 1890, To date from June 14, 1890. at 12 o'clock m. Twenty-first Regiment of Infani1'y. CON.F'IRMATIONS. 53. Cadet Edmund L. ButU!. Executfre nominations conjil'med by tlte Senate September 19, 1890. TO BE ADDITION AL SECOND LIEUTENANTS. UNITED ST.A.TES CONS1.i'"L. Attached to the cavalry arm. Theodore M. Schleier, of Tennessee, to be consul of the United States To date from June 12, 1890. at Amsterdam. 33. Cadet James J. Hornbrook, to the Second Cavalry. SURVEYOR OF CUSTOMS. 34. Cadet William F. Clark, to the Seventh Cavalry. Charles Scoville, of Indiana, to be surveyor of customs for the port 35. Cadet Samuel G. Jones, jr., to the Fifth Cn.valry. of Evansville, in the State of Indiana. 51. Cadet Orin B. Meyer, to the First Cavalry. POSTl\1.A.STER. To date from June 14, 1890. Charles B. Nunemacher, to be postmaster at Ashland, in the county. 39. Cadet James Madison Andrews, jr., to the Fifth Cavalry. of Clark and State of Kansas. Attached to tlte artillery arm. PROMOTIO:NS IN THE ARMY. To date from June 12, 1890. TO BE SECOND LIEUTENANTS. 5. Cadet Colden L'H. Ruggles, to the First Artillery. 7. Cadet Henry D. Todd, jr., to the Third Artillery. To date from June 12, 1890. 8. Cadet John C. Hennard, to·the First Artillery. Second Regiment of Cat'alry. 9. Cadet James Hamilton, to tbe Second Artillery. Class 10. Cadet Thomas W. Winston, to the Fourth Artillery. rank. 11. Cadet Alfred C. Merillat, to the Fifth Artillery. 18. Cadet Robert B. Wallace. 12. Cadet Maurice G. Krayenbuhl, to the Fourth Artillery. 13. Cadet George Montgomery, to the Second Artillery. Tltird Regiment of Cai:alr-y. 14. Cadet Clint C. Hearn, to the Fourth Artillery. 31. Cadet Frank M. Caldwell. 15. Cadet William C. Davis, to the Fitth Artillery. Fourtli Regiment of Carnlry. 20. Cadet Frank G. Mauldin, to the Third Artillery. 22. Cadet Milton F. Davis. 21. Cadet Daniel W. Ketcham, to the Second Artillery. 23. Cadet William S. McNair, to the Third Artillery. Eigltth R.egiment of Cavalry. . I 24: Cadet William J. Snow, to the First Artillery. 19. Cadet Francis C. Marshall. 25. Cadet Geor~e G. Gatley, to the Fifth Artillery. Tenth Regiment of Cavalry. 26. Cadet Tbomas B. Lamoreux, to the Fourth Artillery. ,• . 28. Cadet James A. Ryan. QUARTERMASTER'S DEPARTMENT. 37. Cadet Melvin W. Rowell. First Lieut. William H. Miller, of the First Cavalry, to be assistant 45. Cadet Lawrence J. Fleming. quartermast.er, with the rank of captain. · Second Regiment of Infantry. SECOND REGIMENT OF CA V .ALRY. 17. Cadet Hiram McL. Powell. Additional Second Lieut. James J. Hornbrook, to be second lieuten- Third Regiment of Infa11iry. ant. · FIFTH IlEGDIENT OF CA.VALRY. 40. Cadet Peter Murray. 41. Cadet Paul A. Wolf. Additional Second Lieut. Samuel G. Jones, jr., to be second lieu­ Fourth Regiment of Infantry. tenant. SEVE:NTH REGiltIE.."'\T OF CA V .ALRY. •' 36. Cadet John H. Wholley. F'ifth Regiment of Infanfry. Additional Second Lieut-. William F. Clark, t-0 be second lieutenant. SEVENTEENTH REGnIENT OF L~F.A.:NTRY. ,· 52. Cadet Fronk B. Keech. Simh Regiment of Infantry. Second Lieut. James T. Kerr, regimen1al adjutant, to be first lieu­ . t tenant. ' . 29. Cadet Harry H. Baudholtz. TWENTY-SECO:ND REGIME~"T OF IXFANTRY. Seventh Regiment of Infanfry. Second Lieut. Henry C. Hodges, jr., to be :first lieutenant. 30. Cadet Henry T. Ferguson. TWENTY-FOURTH REGDIEXT OF IXF.A.NTRY. Eighth Regiment of Infa1itry. First Lieut. William H. W. James, to be captain. 48. Cadet Ernest B. Gose. Second Lieut. Joseph B. Batchelor, jr., to be first lieutenant. Ninth Regiment of Infantry. FIFTEE:NTH :REGB!ENT OF L~FA...'iTRY. 49. Cadet Charles C. Clark. Second Lieut. William F. Blauvelt, to be first lieutenant. Twelfth Regiment of Infantry. TWE-.~·FIBST REGDIE..~T OF L~.A.NTRY. 44. Cadet Willis ffiine. Second Lieut. Willson Y. Stamper, to be first lieutenant. Thirteenth Regiment of Infantry. 50. Cadet Joseph C. Fox. Fourteenth Regiment of Infanfry. HOUSE OF REPRESENTATIVES. 0 16. Cadet James R. Lindsay. FRIDAY, 27. Cadet Fred W. Sladen. Septemba 19, 1890. Si:rf.eentl• Regiment of Infantry. The House met at 12 o'clock m. Prayer by Rev. J. H. CUTHBERT D.D. • ' 38. Cadet George M. Brown. TlIE JO URN AL. I ' Seventeenth Regirnent of Infantry. - . ) . The SPEAKER. The Clerk will read the Journal of yesterday's 42. Cadet Henry G. Lyon. proceedings. . . . Etgliteenth Regiment of Infantry. Mr. O'FERRALL. I sugp;est that there is no quorum present. I 43. Cadet Geore;e D. Moore. ask that the Speaker ascertain whether there is. 47. Cadet Charles J. Symmonds. The SPEAKER. The gentleman froru Virginia makes the point that there is no quorum present. [The ~peaker proceeded to couni Nineteentl~ Regiment of I11fa11fry. the House.] One hu~dred and sixty-six members are present. The 6. Cadet William 0. John ·on. Clerk will proceed. 32. Cadet Henry G. Learnard. The Journal of yesterday's proceedings was read .

.• ... . •. :; \ "-:-' I _.• \ .. : ...... · I . , .... \ -· ' . ") ·, .. ,.... . 1890. CONGRESSIONAL RECORD-HOUSE. 10233

The SPEAKER. The question is on the appro'val ot the Journal. Mr. LA FOLLETTE. The language that you quote is not the lan­ ·. Mr. CRISP. I object to the approval, and desire to correct the Jour­ guage in this RECORD. nal. Yesterday while the House was under a call, the call having Mr. CRISP. It is certainly the language of the RECORD that I have disclosed the presence of more than a quorum, the Speaker, ;vithout before me. If there is a difference-- any suggestion from any member on the floor, directed the Clerk to Mr. LA FOLLETTE. The language of the Speaker was, "It can­ call the roll upon the question which was pending at the time the be done without objection." '\ : : . want of a quorum was disclosed. To that proceeding I interposed an Mr. CRISP. I read that. ._ ·,., ... objection. So far as I have now gone, the Journal states what took Mr. LA FOLLEITE. I understood you to say, " It can be done by place. The Chair theh determined that such a proceeding might be unanimous consent." had by unanimous consent (although no unanimous consent had been Mr. CRISP. The Speaker said, "It can be done without objection," asked or given),and inquired whether "the gentlemanfrom Georgia" and rny reply, as reported in the RECORD, is, ''Why, of course I ob­ [Mr. CRISP] objected. "The gentleman from Georgia" did object. ject." But my recollection of the colloquy is that the Speaker asked I then understood tbe Speaker to hold that in that condition of affairs the question, "Does the gentleman object?" and my response was, the proceeding proposed was not in order. That, Mr. Speaker, does "Why, of course I object." But I appeal to the official notes of the not appear on the Journal. No ruling of the Speaker on the subject Reporters to show what the statement was, because the statement of the appears on the Journal, if I heard it correctly. I ask the Clerk to RECORD now makes my reply rath~ irrelevant and strained. When turn for a moment to that part of the Journal and see whether I am the Speaker asked, "Does the gentfeman object?" my natural reply not correct. was, ''Why, of conrse I object." But when the Speaker says, "It The SPEAKER. It does not appear ou the Journal, and should not, can be done without objection," the reply was not so na.toralj so that the Chair thinks. there bas been some failure to give an exact ·statement of what took Mr. CRISP. Then, Mr. Speaker, I move to amenu the Journal by ~~ ' making it appear that the Speaker sustained the objection-- Mr. BOUTELLE. What is the specific criticism the gentleman The SPEAKER. The gentlem~n will furnish his amendment in makes? writing. · Mr. CRISP. My point is that the record of what took place is not Mr. ALLEN, of Michigan (while Mr. CRISP was reducing bis amend­ entirely correct, and hence that it will not do to appeal to the RECORD ment to writing). A parliamentary inquiry, Mr. Speaker: How long to show what actuaJJy took place. must the House wait for a member to reduce a matter to writing? Can A MEMBER. It is a question, apparently, of punctuation. ,.· t we not proceed with business? Mr. BOUTELLE. But in what way does the ge13tlemari conrend Mr. CRISP (after a further pause) sent to the desk his proposed that it is incorrect? Does the gentleman state that what the Speaker ,· •' amendment. said is not accurately quoted, or what he said? The SPEAKER. The gentleman from Georgia proposes an amend­ Mr. CRISP. I do not say that it is inaccnrare as to what I said, but ment to the Journal, which the Clerk will read. as to what the Speaker said, or what I understood him to say. The Clerk read as follows: But what I want the Journal to show is the fact that the Speaker Tbe point having been made by Mr. CRISP that it was not in order to proceed sustained my objection, to wit, that it was not in order, while the with the roll-call on the demand for the previous question on the case of Lang· House was proceeding under a call, to resume the call of the roll upon eton vs. Venable pending proceedings under the call, the Speaker sustained said objection. a question on which the want of a quorum had been developed before the call of the Honse bad begun. That is all I desire the Journal to Mr. DINGLEY. I move to lay tbe proposed amendment on the show; that is to say, that the Speaker sustained the objection I made. ... table. Mr. STEWART, of Vermont. Will the gentleman yield for a ques- The SPEAKER. The gentleman from Maine moves to Jay the tion? · amendment on the table. Mr.... CRISP. Certainly.

Mr. CRISP. Can h.e.do that without giving me an op~ortunity to Mr. STEWART. of Vermont. If the Speaker stated that an objec- / . be heard on the proposition? I ask the gentleman from Mame whether tion would defeat the proceeding that was a sustainina of your obj ec- he proposes to make this motion without giving me au opportunity to tion in advance. ' e be beard. I Mr. CRISP. Yes. Mr. DINGL~Y. I am entirely willing the gentleman should have Mr. STE. WART, of Vermont. So that the ruling of the Speaker such opportumty. does appear in that form. Mr. CRISP. I only 'Yant a moment or ~~o. Mr. CRISP. But my friend from Vermont will bear in mind that . , . Mr. DINGLEY. I withdraw ~he propos~tion then? for a. moment,. to it does not appear on the Journal at all. All I desire is that theJour­ give the ~entleman the o~portumty he desires. I yield hlDl five mm- nal shall disclose the fact that the Speaker, when the point was made utes. Will that be suffiment? that it was not in order to proceed with a roll-call pending proceed.- Mr. CRISP. Perhap~ I shall not want so muc~. ings under a call of the House, sustained the point of order, andthere- 1\Ir. DINGLEY. I J:ield t~e ge~t~eman five mmutes. upon a motion was made to dispense with further proceedings under Mr. CRISP. There IS no disposition on my part to delay matters at the call. This objection is not at all captious, but simply to let the all. Journal disclose the fact that it took place. That is all I desire to Mr. Speaker, I do not understand the reason why the proposition I say. have submitted should _not be put upon the Journal, when, as I nnde.r- Mr. DING LEY. Now, Mr. Speaker, I renew the motion to lay the stand, that was th~ ruling of the Speaker. The RECORD has been m proposed amendment on the t.able. some way al tiered; it does not contarn a correct statement of what took The question having been taken, the Speaker announced that the ayes .i. place. I have not seen the notes at all, and I leave that matrer tot.he seemed to have it. · . ' .. notes of the Reporter. I do not know who b~ seen the notes. But M.r. CRISP. I demand a division. there has been some change from what transpired on the floor of the The House divided· and there were-aves 148 noes 3. ~ouse. When I made the object.ion, and when I cited the au~hor~ties Mr. CRISP. No q~ornm. - ' m the .T ournal, th.e Speaker replied that that wa!I true; that it might Mr. CANNON. Mr. Speaker, I call attention to the fact that quite be done by unammous consent, and asked whether "the gentleman a large number of gentlemen on this side of the House who I under­ f~om ~eorgia " o.b{~cted, whereupon ''the, gentleman from Georgia " stand are paired, did not rise in their places, and hence we~e not counted. d1~ obJe~t, ~nd dis~mctly u?derstood t~e Speaker to bold that, there Mr. CRISP. I suggest that if yon gentlemen would consent to have bemg obJection, the proceedrng was not m order. The gentleman from a call ot the roll yon could ascertain. Wisconsin [Mr. HAUGEN] evidently understood the matter the same A MEMBER. Call for the yeas and nays. [Cries of "Oh, no!" on .· way._ because h~ promptly moved the.tall pro~eedings under the call the Republican side.] · be dispensed with. That was the understandmg here at least. Mr. CRISP. Ah! that would disclose how many are here, and you- Now, to show that the RECORD is not accurate in its account of what do not want that. " ,.. .. transpired, I will read just a line or two: Mr. DINGLEY. Let the Speaker count. Mr. CRIRP. Mr. Speaker, I rise to n.qucstion of o~dcr. I understand that a roll The SPEAKER having counted the House announced the presence of the House. wa!I ordered. The House is now in the <>.all, and I make the point of 163 members ' that there are only two motions in order when the Honse is in a call-either • to adjourn or to dispense with further proceedings under the ca.11. I under- Mr. CRISP. No quorum. _ stand the Speaker directed the Clerk to call the roll on t.he motion to approve The SPEAKER (another member having entered tbe Hali). One th~~~S~~~. It can be done by una.nimous consent. hundred and sixty-four membe~ are present-a quorum. . . Mr. CRISP. Mr. Speaker, with the utmost respect, and mall sm- Then follows: cerity, I ask the Speaker to exercise the prerogative placed in him hy ...... ·. l\Ir. CRISP. Why, of course I object. the rules whenever he doubts, and verify the count.. I can only state, Now, you see at once that that is no response to the statement of the and I sincerely believe, as will readily be understood when it is re· Speaker. Imembered that gentlemen are moving about from one part of the Hall Mr. LA FOLLETTE. You n.re not reading correctly from the to the other and the Speaker announces "one more," and after an in- • RECORD. .terral ''one more,'' and so on, that the Speaker is unable to determine, Mr. CRISP. In what respect? · and necessarily so, whether the same member may not be counted more • _ ... t ." ... .· ...... '., .. - . . ..

~ .. 10234 CONGRESSIONAL RECORD-HOUSE. . SEPTEMBER 19, .... . than once.. I can only state that I sincerely believe there is no quorum Mr. CRISP. No quorum, Mr. Speaker. present. I ask the Speaker, therefore, to exercise his power under the Mr. OSBORNE. Mr. Speaker, I call attention to the fact that not rules and order tellers. every member present in the Honse has Yoted. Some gentlemen are Mr. HAUGEN and others. Regular order. paired. Mr. CRISP. I appeal to the Speaker in justice-- Mr. HAUGEN. Mr. Speaker, I submit that 164· constitute a quo­ ' . Mr. BUCHANAN, of New Jersey. Bring in your men and then rum. have a call, if you want to. Mr. CRISP. I insist upon the point of order that there is no quorum Ur. CRISP. I appeal to the Speaker to exercise his power and present. verify the count. It is only a matter of justice when the count is The SPEAKER. The gentleman from California [Mr. DE HA.~] questioned. . did not vote, as the Chair understands. The SPEAKER. The Chair has counted with very great care. 1.ir. DE HAVEN. That is correct. Mr. CUTCHEON (to Mr. CRISP). Why do not yon bring in your The SPEAKER. And the Chair also is present, which makes 166, .. own members and have a roll-call in the regular way,, if yon want it? undoubtedly a quorum, although the Cha.ii thinlm that 164 members The SPEAKER. The Chair has taken great pains with the count. constitute a quorum. (Applause on the Republican side.] Mr. CRISP. Several gentlemen have been moving around from one Mr. CRISP. Mr. Speaker, I again renew my request that the Chair pa.rt of the Hall to the other, and it would be almost impossible to exercise his authority concerning a. matter as to which there must be mttke anything like an accurate ceunt under the circumstances. grave doubt, and that the Chair appoint tellers. [Cries of "Regular The SPEAKER. The Chair is also informed by the Doorkeeper that order!"] Expressing my sincere conviction that there is an.error in there are at least a dozen gentlemen from that side of the House who this count [cries of "Oh, no!" on the Republican side], I renew m-e just in the rear in the lobby here. my request that the Chair exercise that right Tihich is lodged in the Mr. CRISP. But there is no provision in the rule where the Door­ Chair t-0 appoint tellers. keeper can inform the Speaker on such a point. The SPEAKER. One moment. The Chair has counted twice, as The SPEAKER. The ayes have it, and the amendmentislaid upon carefully and as accurately as he knows how to. It may be possible, the table. however, that there is an error in the count, and in view of that the ... _. Mr. CRISP. Does the Chair decline to make t.hat count? Chair will appoint tellers. The SPEAKER. The Chair does. [Cries of" Regu~r order!"] Mr. CHEADLE. 1iir. Speaker- .Mr. HAUGEN. Mr. Speaker., I caU for the regular order. Mr. McKINLEY. I would do it, Mr. Speaker: :u; you ha•e an­ Mr. CHEADLE. Mr. Speaker, Iwanttosay jmtoneword. (Cries nounced you will, although a. hundred members of the party of the of'' Regular order!"] I want to say to you men-- [Cries of" Reg­ gentleman from Georgia [Mr. CRISP] have ab~ented themselves for the ular order!"] purpose of obstructing the public business. Mr. HAUGEN. Mr. Spea'ker, I demand the regular order. Mr. CRISP. A majority of the House can transact businoos, and Mr. CHEADLE. Mr. Speaker, I want to say t-0 my colleagues-­ the responsibility is with that side of the House when you want to turn [ Cries of" Regular order!"] a man out who has been legally elected by the people. LCries of'• Oh ! '' Mr. GROUT. Let him say a word if he wants to. on the Republican side.] Mr. McKINLEY. I hope the gentleman from Indiana (.Mr. CHEA­ Mr. McKINLEY. By the simple nod of the gentleman from Geor­ DLE] will be permitted to say a word. gia enough gentlemen can be brought to their seats on this .floor to de­ Mr. BOUTELLE. The gentleman from Indiana can not take the mand tellers or the yeas and nays. gentleman from Wisc.onsin [Mr. HAUGEN] off the floor. Mr. CRISP. And to witness the unjust expulsion of a man who is :M.r. BURROWS. Mr. Speaker, what is the pending question? legally elected. The SPEAKER. The question is on the. approval of the Journal. Mr. McKINLEY. The Speaker is right, when his co.unt is questioned [Cries of" Regular order!"] in this way and in the present situation, to appoint tellers, even although Mr. BTIRROWS. Now, Mr. Speaker, if the gentleman from Indiana it is pel'feetly evident that gentlemen on the other side are responsible desires to be beard on the approval of the Journal, let him be heard. for the absence of members and have occasioned the delay. Mr. FUNWI'ON. Mr. Speaker, I object. Mr. HOPKINS. Mr. Speaker- Mr. BURROWS. If he wants to talk about something else, there The SPEAKER. One moment. The Chair desires to be heard. ought to be no complaint, if objection is made. No matter what the conduct of gentlemen may be who are obstructing Mr. CHEADLE. I want to speak on the question of the approval the business of the House-if they are obstrncting it-it is desirable of the J onrnal. that there should be no mistake. Mr. FUNSTON. Mr. Speaker, I object and demand the regular Mr. CANNON. Now, Mr. Speaker-- order. The SPEAKER. Unfortunately the rules of the House permitothera Mr. CHEADLE. We must remember that this is a legislative body, than members upon the floor, and so there is a possibility of mistake, and! am thepeerofanymanon this floor. [Cries of ''Re~larorder! ''] and that should not be in a matter as close as this is, notwithstanding And! am entitled to be heard when I am recognized by the Chair. [Cries what may be thought by the House or the country of the proceedings of "Regular order!"] of gentlemen which make this necessary. .A MEMBER. Not when the ~entleman is out of order. ])fr. CANNON. I desire to make a parliamentary inquiry. Suppose Mr. CHEADLE. I will decide what is in order. tellers are appointed on the direction of the Chair. The gen tlema.n from Mr. BOUTELLE. Oh, no; that is the province of the Chair. California [.Mr. DEHAVEN] being paired does ootrnte, with some other ·' Mr. CHEADLE. I want t-0 turn to the Republicans here, to make gentlemen. Without they go throngh the tellers these gentlemen will this single suggestion, that when a challenge is made of the correet­ still have to be counted, or the gentleman from Georgi:i., notwithstand­ ness of a count, let us have no doubt about the correctness of it. I ing the presence of a quorum, by his own sweet will, may defeat action trust therefore that the request for tellers will be granted. [Crie3 of by the House. . "Oh ! " on the Republican side.] The SPEAKER. The Chair would think, in a count of this kind Mr. HAUGEN. There is no doubt about it. "7he=e tellers were a.ppoinie~ if gentlemen present who had not gone

Mr. LODGE. Let the members on the other side come in1 then. through the tellers would constitute a qnorollli it is not necessary that Mr. PERKINS. There is ~ot any doubt about the count. they flho1tld go through the tellers, but the count could be made other­ Mr. CHEADLE. Yon know there is not a. quorum here. wise. '.rhe Chair shall so rule. The Chair simply desires to have the Mr. LODGE. There is a quorum. Make the count yourself. count ycri:ficd, so that we may not. by any accident or feeling permit Mr. GREENHALGE. You can call for the yeas and nays and lh&t ol!rsclT"cs to tr.ans~ess a single rn1e of parliamenfary law. will settle it. .Mr. CUTCHEON. A parliamentary inquiry, .Mr. Speaker. :Mr. CUTCHEON. Call in your members from the lobbies ~nd the The SPEAKER. The gentleman will state it. cloak-rooms. If gentlemen on the o.ther side want tellers they can Jlfr. CUTCHEON. Is itnottheuniversalprnctiee in thisHousetha.t ...... have them by bringing in members of their own 'Party out of the lobbies. members who are paired are permitted to vote to make ai quorum? Mr. BUCHANAN, of New Jersey. It is in theh power to order tell­ Tbe SPEAKER. It is. This is not a question of voting. It is a ers if they wish to bring in their members. We want no favors. question of the count of a quorullli and has nothing whatever to do The SPEAKER. The Chair understands that in addition to those with the vote. It is whether a quorum is present. Now, gentlemen "1 that were counted the gentleman from Iowa. [Mr. STRUBLE] :mu the who are present will please pnss through the tellers, the gentleman from gentleman from Ore~on [Mr. HEmtANN] h~Yo since come in and an­ Georgia (Mr. Cmse] and the gentleman from Ohio [Mr. McKINLEY]. nounced themselves to the Clerk as present. Is that correct? Mr. MuKINLEY. It is simply to ascertain the presence ota quorum. ... Mr. STRUBLE. That is correct as far as I :un conccrmiil. The SPEA.KER. Mem bcrs present will please pass between the Mr. HERMANN. That is correct M to myself. tellers. The SPEAKER. The question is on the !ipprornl of the Joun1!l.L A ME:\IBEB. Thegent~eman from Indiana [Mr. HoLlIAN] is present AB many as are in favDr will say '' ay.'' in the Hal]. The question was taken; :i.nd the Spciker announced that the ayes The SPEAKER. The gentleman from Indiana [Mr. HoL::ir..A.N] is in seemed to have it. the Hall, and will please pass between the tellers. [Lnughter and ap­ Mr. CRISP. Division. plause on the Republican side.] The gentleman from Indiana will be The House divided; and there werc-aye:i 162, noes 2. counted as present by the tellers.

I ". . ·' .•. .-...... ' - ;,.- •. '-· - •. 1890~ CONGRESSIONAL .REOORD-HOUSE. 10235

After some time spent in the count, resentatives? Are the three men who have died members of the Mr. CRISP. Mr. Speaker, there are 161 gentlemen, including the House of Representatives, and is each vacancy a member? There a.re Speaker, present. 326 members of this House. In other words, if every living member Mr. McKINLEY. I su,f!gest that we should remain. a. little while were here there would be 326, and that would constitute the House.' . I longer. Now, a 9.uorum under the Constitution consists of a majority of the The SPEAKER. The Chair thinks the gentlemen had better re­ House. ~ . main in their places. The Chair has a very strong impression that there Mr. HOUK. Mr. Speaker, one word. The gentleman from Georgia . are three gentlemen absent who were c1mnted but who have not passed (l\Ir. CRISP] says that during the war, from necessity or otherwise, it

through the tellers. was held that a majority of the membel'S elected to this body consti­ -~ Mr. HOPKINS. That I think is ihe fact. Two of them have gone tuted a quorum. It was so held because members who should have out and have been sent 1or. occupied seats in this Hall had seceded. It was then a question of se­ Mr. McKINLEY. It is a quorum we want; and we had better re­ cession from this body and an attempt to secede from the Union. The main. same question is here now. This is only a repetition of secession. After a pause of several minutes. [Applause on the Republican side.] Members have seceded and are The SPEAKER. The gentleman from New York [Mr. COVERT] is standing out in the lobbies; and therefore if there was a necessity then now present. because of secession, there is a like necessity now, and the same rule l'ilr. McKINLEY. That makes 163 with the Speaker. applies. [Applause on the Republican side.] And, Mr. Speaker, there ,· js less excuse in this case than there was in the other. Then they be­ After a further pause Mr. REYBURN appeared. . , Mr. McKINLEY. That makes 164. lieved that one-half of this country was being imposed upon. There The SPEAKER. A quorum. was a plausibility about that secession, but there is absolutely no ex­ Mr. CRISP.. Do you hold, Mr. Speaker, that 164 is a quorum? cuse for this secession, which is intended only to obstruct public busi­ ·~ That brings np a. question that might be essential; not that I care to ness and to carry out the aims and purposes of a party that is al ways discuss it. 1 just want to call the attention of the Chair t-0 it, so that running backward. [Laughter and applause on the Republican side.] he may decide it with a full knowledge of its import. It has been The SPEAKER. The gentleman should co.I!fine himself to the point held heretofore, during the war or soon after the war by reason of the of order. necessities of the case, that a quorum of the House was a majority of Mr. CRISP. One word, Mr. Speaker. I shall not enter into any the members elected. discussion of the question of secession with the gentleman from Ten­ The SPEAKER. There seems to be a similar necessity. [Laughter nessee [Mr. HouK]. That, I trust, is long behind me. and applause on the Republican side. J Mr. HOUK. But I am talking about the present secession. Your Several MEMBERS on the Republican side. Another sece.ssion now ! men have seceded and are standing around the lobby now. Mr. CRISP. Well, I will not pause to consider any of these side-bar Mr. CRISP. Oh, well; if the gentleman refers to members of the remarks of the Speaker. I am making a serious remark, which he met House who are not here, although they are in the building, it might with an undignified remark of that kind, which ought not to be made. be a sufficient reply to say, if we were going to discuss the matter at Now, there are four vacancies in the House- all, that where members are thoroughly persuaded from the conduct of ·Mr. ROWELL. And there ought to be a lot more. the majority here in demanding the previous question, and from their Mr. CRISP. The question is whether the lour vacancies reduce the past history, that they intend to turn out a man who was elected by numberreqnired t.omakea quorum. In other words, whether a quorum the people, they natnrally say, " When you undertake that kind of is a majority of the number of members provided by law, or whethP.r business, you must furnish your own quorum to do it.'' it is a majority of those who have been elected by the votes of the people. Mr. HOUK. That is the same excus~ that they made in 1861. I do not care to argue it, but I want the Speaker to understand that [Applause on the Repub1ican side.] point is made. Mr. CRISP. Now, Mr. Speaker, the gentleman from Tennessee can Ji:Ir. BOUTELLE. It has been ruled on frequently. not get up any discussion with me about 1861. The question before Mr. CRISP. Ob, yes; but there have been quite a number of rul- us, as the Speaker said awhile ago, is an important one, and whatever ings made that will not stand. we have to say about it should be confined to the point at issue. .I Mr. HOPKINS. That has been settled since the war. have not looked up the question, but Ijnstwanttoexpressmydfasent Mr. CRISP. Ob, no. from the opinion expressed by the gentleman from Ohio [Mr. GROSVE­ Mr. BOUTELLE. Some of the most important judicial deciaions of NOR] f1S to this being a stronger case than the one stated by him. In the coantry have been based upon it. that case, as I understood the gentleman, the State constitution re­ !Ir. CR.ISP. I do not think it has been reviewed in the House, and quired a vote of three-fourths of the members elected to the Legisla­ I say I amnotnowpnpared to review it;but it is just a question for de- ture. Necessarily that limited the question to members who had been cision. . elected. Bot the Constitution of the United States says that "a ma­ Mr. KERR, of Iowa. It is a question that need not be reviewed if jority of each House·" shall constitute a quorum. The distinction in tbe forty or fifty gentlemen absent on the other side who are about the the language is very plain. If the Constitution of the United States Honse come into the House. said that a majority of the members elected to the House .should con­ Mr. GROSVENOR. Mr. Speaker, the first question is, What is the stitute a quorum, then this case would be on a parity with the case meaning of the word ''House'' .as it appears in the Constitution? The cited by my friend from Ohio. ~ut the Constitution of the United . '· Constitution provides ''that each House shall be the judge of the elec­ Rt.ates does not make that provision; it provides that a majority of the tion," etc., "and a majority of each House shall constitute a quorum." House shall constitute a quorum. Now, in regard to that, I will cite one case, and I will give the date Mr. McCOMAS. The provision of the Constitution of the United when it arose and the circumstances, if the gentleman from Georgia States is that the House shall be composed of members, and the lan­ takes anv real interest in this auestion. guage as to a quorum is, ''a.ad a majority of each [House] shall con­ The constitution of Ohio provides that a hill to appropriate money stitute a quorum." That is, a. majority of members. for a purpose not provided for by existing law shall require a certain Mr. CRISP. That makes the case stronger. per cent. ot the vote of the members of the house, and the language is Mr. McCOUAS. Weaker. this: Mr. CRISP. No; it makes it stronger. The Congress of the United Un\ess three-fourths of the members eleeted them.to- States shall be composed of members. How many members-? As ! l'ieg the gentleman to notice I quote exactly the language-'' un­ many as are provided for by the apportionment act of ten years ago, less three-fourths of the members elected thereto " shall pass the bill. with the members from the new States. How many is that? Three An occasion arose in the Legislature of 1876-'77 in the State of Ohio hundred and thirty. The House is composed of members. How many . where a Mr. Nicholls, a representative from Summit County, died. The members? Three hundred and tliirty. How many are required to ·. effect of his death was, of course, t-0 lessen the number by one. A bill constitute a quorum? A majority of the House. That, [say, makes was passed making an appropriation, a sort of gratuity to an officer, the case much stronger. not provided for, as was admitted by everybody, by the existing law. .Mr. McCOMAS. If you say, as the Constitution does say, tbat the ... The vote was just large enough if Nicholls was not counted; it was too Houseshallbecomposedofmembers, and that a majority of each House .. ; small if he was counted. The speak& of the house held the question shall constitute a qnorum, but that a smaller number "may be au­ under consideration for a day or two, examined it as well as he could, thorized to compel the attendance of absent members," and so on, how and decided that the bill had passed. The auditor of the State refused can the latter clause relate to members who do not exist? How can to pay tbe money. An application in the nature of a. proc.-eeding in it apply to compelling the attendance of deceased members? Must it - ·.- mandamus was filed in the supreme court of the State, and upon a mere not mean the living members? In a former case men who were mem­ motion, by a pe-r curiam. of the court, which was not published in the bers voluntarily absented themselves; and nowmen who are members reports, it was held that Nicholls was not a member of the Legislature do the same thing. · within the meaning of the constitution, and that the payment should Mr. CRISP. Well- be made. . llir. HOPKINS. Let me ask the gentleman a question• Now, Mr. Speaker, t.he case before us is a much stronger one for the .Mr. CRISP. I want to state my point, and then I will leave it fo application of the principle. Here it is merely a question of who are the country to decide. The Constitution of the United States says members of the House. Isadead man amemberofthe House ofRe_p- that this House shall be composed ofmemberselectedeverytwoyea.rs.

• I .· ·: . -- •· -· '10236 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19, ... ' . The Constitution also gives Congress the right to prescribe the number "a majority of each "-that is, of either House-" shall constitute a of members of this House, and Congress has prescribed ~-J30 as the num­ quorum to do business." At the present time there are four districts bei·. Then the Constitution provides that "a majority of each Honse entitled to representation on this floor that have no representatives. shall constitute a quorum to do business." They had chosen representatives at one time, but the persons elected Mr. DINGLEY. Does the gentleman hold that in 1861-162, when are now deceased. this question arose, the quorum was to be determined by ascertaining Mr. KELLEY. Three of them. the majority according to the apportionment act of 1860? Mr. CUTCHEON. Three of them a.re deceased, and no success6rs . ' ., Mr. CRISP. I am not passing upon that question . have heen selected. And there are no representatives, no members Mr. DINGLEY. But I wish the gentleman to Jet us know-­ from these districts. I submit that a majority of the House is a ma­ Mr. CRISP. I am passing upon an existing condition of things. jority of the districts that have chosen representatives to seats in this Mr. DINGLEY. .But I understand the gentleman to assert the prin- body. I think.that is a fair construction of the Constitution, and I be­ ciple that the quorum must be composed of the majority of the whole lieve that the language of the Constitution will properly bear no other number of members as determined by the last apportionment. If so, construct.ion. how in 1861-'62 could a. quorum have been determined to be a·majority Mr. BAKER. Suppose that certain members absolutely refuse to of the members actually chosen and occupying seats? serve who have heen elected? • Mr. CRISP. Now the gentleman is vindicating a decision of 1861-'62. Mr. 9UTCHEON. That would present, of course, a different case. I am not doing that. But the question prese ited now is one that I have been just discuss­ Mr. DINGLEY. But this is res adjudicata so far as the present mat­ ing. There are certain districts which have no members-- ter is concerned. Mr. BAKER. Districts that are unrepresented. Mr. CRISP. Not at all. The present question, I take it, rests on Mr. CUTCHEON. Yes, districts which have no representation; and \ - this plain statement: The Constitution provides that this Honse shall hence a quorum of the House must necessarily, under the provisionSr be composed of members elected every two years, and the number of of the Constitution which I have cited, consist of a majority of the re­ .... " members is designated by law; then the Constitution provides further main~ng members. Otherwise it would follow&! a natural consequence that'' a majority of each House shall constitute a quorum." The law that if a large number of the Representatives should decease we would declares how many members shall constitute the House; and the Con­ still require a full majority of the entire number provided for under stitution says that the majority of this number may do business. the apportionment among the States to constitute a quorum to do busi· Mr. GROSVENOR. Letmeask the gentleman this question: Was a ness, and which, as can readily be seen, might present a very embar­ member of the Ohio Legislature who bad diedolected to that body? rassing question. .... Mr. CRISP. He bad been elected, but his death made a vacancy. 1\Ir. ADAMS. Mr. Speaker, I haye quite a strong impression that Mr. GROSVENOR. So have these three men been elected; but they Mr. CARLISLE decided, as well as Mr. Randall, this question. I have are now dead, and therefore-- only been here under Mr. CARLISLE and the present Speaker, but I Mr. CRISP. Does not my friend see the distinction? have a strong impression that such is the case, though of course we can Mr. GROSVENOR. Yes; and the distinction is against you. only verify it by going through tbe .Journals. 11Ir. CRISP. Very well; that is where we do not agree. Mr. CHEADLE. Mr. Speaker, I want to offer a single thought in Mr. BAKER. Allow me to ask the gentieman from Georgia. this reference to the pending question, which I think is one of the gravest question: Suppose that one hundred Congressional districts in the Union importance, and it is this: It has been held by some that a m~jority ..... should neglect or refuse to elect members to this House, what effect of the members chosen to the House, who are alive, shall constitute a -would that have on this question? quorum for the transaction of business; or, in other words, that a ma,.. Mr. CRISP. That is the very contingency which prompted the jority of the Representatives from those districts that have representa­ framers of our Federal Constitution to put into it that provision under tion on this floor shall constitute a quorum of the House, within the which you gentlemen bave acted n.t this session of Congress in the vas­ meaning of the law t tor the purpose of transacting the public business. sage of the Federal-election law. But Jet us suppose a case that might arise. Suppose that a ~jority Mr. BAKER. Now, right there-- of any House shall see proper to turn ont one member, or a number of Mr. CRISP. The framers of the Constitution took into contempla­ members, say ten members; can it be beld that that act would reduce tion the contin~ency that the States might dec1ine for some reason to the number of members requisite under the Constitution to make a keep this body in life by reJusing to make provision for the election of quorum to transact business by half the number of members so un­ Representatives, and for this reason the Constitat.ion lodged with Con­ seated? If this conld be held to be a correct principle the size of the gress the power to perpetuate itself-- House might be reduced indefinitely. It seems to me, therefore, that Mr. HOUK. In the case the gentleman supposes how would you a question of the very gravest importanc~, such as this, ought not to ever geta quorum to enact a law to fill these seats? be determined without full and careful consideration, because we are Mr. BAKER. Now, take the case where 100 members refuse to per· entering upon an unknown sea, and in order that we may know we form their duties-- are right beyond any question it should be held that a majority of the Mr. CRISP. Those one hundred members, I say (though H seems whole House, within the letter of the Constitution, shall be a quorum .. to be sl1ocking to gentlemen on the other side), are responsible to their to transact public business, and under existing Jaw and the Constitu­ constituents alone. [Cries of "Ob, no!" on the Republican side.] tion the House contains 330 members, and 166 is a quorum. Mr. BA.KER. They are responsible to the country. Mr. EZRA B. TAYLOR. But what is the House? Mr. CRlSP. Yes, that is the modem theory; that is the theory of Mr. CHEADLE. The members elected at the last election and who progress, the advanced theory. You gentlemen who destroy all prece­ have qualified. dent, who break down everything that stands in the way of doing Mr. EZRA B. TAYLOR. Certainly. what you want to do-you gentlemen who say that "the endjustifies Mr. CHEADLE. But suppose ten members are unseated to-day, can the means," and are willing to take any sort of short cut to " get it be held, or would it be held. that the number of members that are there," you say that-. - necessary to constitute a quorum for the transaction of business shall Mr. HOPKINS. You are trying: to break down precedents we have. be reduced by su? had for a quarter of a century. Mr. EZRA. B. TAYLOR. Certainly. The question is, how many Mr. CRISP. Unacted on. members are there to take part in the business of the House? Mr. HOPKINS. Oh, no. Mr. CHEADLE. 'fhe question is, what is the House? Mr. CRISP. Well, cite the case. Mr. EZRA B. TAYLOR. But by the Constitution itself the House Mr. HOPKINS. ThP-re has been no record made because this thing consists of a certain number of members. was never done. .J\fr. CHEADLE. The House consists of members elected by the Mr. CRISP. I have no doubt the Sreaker of the House has had his States, the membership being apportioned among the States according mind called to this qnestion before. I merely wanted to direct his to the population. mind to the question; and I have nothing further to say. Mr. McKENNA. But if the ten members are turtled out, is there The SPEAKER. The mind of the Chair has not been directed to still a Honse in existence? . this question; that is to say, he has not examined it. The Chair has Mr. CHEADLE. Yes, sir. , ·. a very distinct impression that Mr. Randall, while Speaker, decided Mr. McKENNA. Then, of course, the remaining members are the

• • I repeatedly that a quorum was a m~jority of livin~ members; but the House. Chair at present is unable to find a reference to the decision. Another Mr. EZRA B. TAYLOR. Certainly. gentleman has informed the Chair that such is his impression also. Mr. CHEADLE. Not a.tall. Of course it is the House; but provis­ Bnt if the decision was made, it is one of those decisions which perhaps ion is made by which the States may fill vacancies. But it is safer to do not appear in the J ourna1. bold to the rule that a majority of all the members shall constitute a Mr. CuTCHEON addressed the Chair. quorum. The SPEAKER. The Chair will hear the gentleman from Michi­ Mr. EZRA B. TAYLOR. That is the rule, of course; but what is gan. "the House?" And that is the on1y question. Mr. CUTCHEON. I would be ~lad to make just two or three ob­ Mr. CHEADLE. Three hundred and thirty members. servations. The Constitution provides that" the House of Represent­ Mr. EZRA B. TAYLOR. Not at a.II; but the number of members atives shall be composed of members chosen every second year by the actually existing. people of the several States." The Constitution further provides that Mr. McCOMAS. Theargumentofmyfriend from Indiana is Words-

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worth's poetry, "we are seven." Under all circumstances1 according of 326 members, four less than the number chosen under the Constitu­ to him "we are seven." tion of the United States and authorized by law to be elected. Mr. HOLMAN. Mr. Speaker, the decision to be pronounced on the The SPEAKER. Well, it consists of how many members now, four point now raised is, of course, of high a"d special importance, for the beingdead? question is clearly before the House, and the decision will necessarily Mr. HOLMAN. It consists of 326 members. ,, . _. establish a precedent of greater or less value as future emergencies may The SPEAKER. Of 326 members. - require. It is conceded, I believe, in this discussion that as a. rule it Mr. HOLMAN. Yes, sir. . • I -· has been held whenever the question has arisen in former years that a The SPEAKER. Then are not a majority of those 326 a quorum? House of Representatives consists of the number of persons authorized Mr. HOLMAN. I think they are not a quorum-- by law to be "chosen," as expressed in the second section of Article I The SPEAKER. And does not the Constitution say so? of the Constitution. That cert.a.inly has been the general interpret..'\­ :Mr. HOLMAN. I think that is not a 11 House," within the mean­ .. tion of that clause of the Constitution by the House of Uepresentatives ing of the Constitution. Three hundred and thirty members were whenever the question was raised. '•chosen," and a majority of them constitute "a quorum to do busi~ • • I.. There is no ambiguity in the language of the second section of Al'ticle ness.'' I of the Constitution: l\Ir. CUTCHEON. If my friend will permit me, does the House The House of Representali\'es shall be composed of members chosen every consist of vacant seats, or does it consist of living members? second year by the people of the several States, etc. Mr. HOLMAN. The Honse of Representatives, for the purpose of ':ltiembers chosen n is the term employed by the Constitution. In transacting busineSs, consists of members who are actually occupying other words, that the number of members authorized to be elected by their seats if they constitute a. quorum; but when it comes to the ques­ all the States under the apportionment constitutes the House of Rep­ tion as to what constitutes "a Honse of Representatives," under the resentatives. Constitution, it is clear that the members chosen constit!1te the House Now, there is no decision that can be regarded as a. precedent, if any and the Constitution says a ''majority of each Honse shall constitute a exists up to this time that can be fairly regarded as a reasonable in­ quorum." I contend that that means a majority of the number au­ terpretation of that clause of the Constitution that holds that anything thorized to be elected, or at least a majority of those chosen. Vacan­ less than that number shall constitute a ''House of Representatives." ciE:s that may occur can not change that quorum. The Constitution It is possible that instances may be found where, upon the spur of the makes no provision for changing the quorum. occa..<>ion and without consideration, it has been held that the number Mr. BOUTELLE. Will the gentleman permit me to ask him a ques­ of members at the time members of the Honse constituted the House, tion? .>- but I am not aware of any such decision. I am sure that there will Mr. HOLMAN. Certainly. not ·be found any well ·considered case of that kind. The House of Hep­ Mr. BOUTELLE. Does the gentleman understand that the four resen tatives is the number authorized to be elected; and asa matterof gentlemen who are deceased can be regarded as "members chosen"

fact there have been elected to this present Congress 330 members, under the terms of the Constitution? i. which number would constitute the Honse. In the Thirty-Reventh Ur. HOLMAN. They were cert.a inly chosen memhers of this House. Congress during the late war, it was decided that a quorum consisted The Constitution, in defining "a. Honse of Representatives," says it of a majority of the members "chosen" by the several States. Va­ shall consist of "members chosen," and a majority is a quorum "to cancies may occur by death and by the action of the House, but that do business." certainly does not change the rule. A majority of the members'' chosen'' Mr. REILLY. There is no doubt about that. for that Congress constitutes the quorum. Ur. CUTCHEON. But they- have ceased to be members. • .· - Mr. REED, of Iowa.. Will the gentleman answer this question: Mr. BOUTELLE. Doee it not follow, then, if-the position of the Your definition of what constitutes the House being true, does it not gentleman from Indiana [Mr. HOLMAN] is correct, that no one can be follow necessarily that the death of a single member wouJd disrupt chosen to succeed those gentlemen? the Honse anrl destroy it? l\fr. HOLMAN. Oh, clearly not. Of course the Constitntioa con­ Mr. HOLMAN. Not at all; but that would not change the constitu­ templates the filling of vacancies, but- the House is composed of the tional quorum-a majority of the members ''chosen.'' Just as the gen­ number of members "chosen," no matter what changes in membership tleman from Georgia[Ur. CRISP] suggested, the framers of the Constitu­ may afterwards occur. tion anticipated a possible state of things in which, from any cause, Mr. BOUTELLE. Certainly, and that is just the point. members might uot be elected, and provided iµ such emergency fol" the Mr. HOLMAN. They were chosen members of this House. They, necessary Federal action, through which elections of members might constituted a portion of the 330 members necessary to make up this ~. take place in the several Congressional districts when no elections were Honse. This Honse, whether vacancies exist or not, is a House where held, and bad it not beeu for that possibility section 4 of Article I of 166 members constitute a quorum-a majority of "members chosen." the ConRtitution would not have been adopted. Mr. BOUTELLE. Then are there not fonrconstitutionaJ vacancies? Mr. KERR, of Iowa. But does not the House exist until that ma­ Mr. HOLMAN. There are four vacancies, but will the gentleman chinery has first been put into operation? answer this question: How does it happen that through a long series Mr. HOLMAN. The House does not exist as a regularly organ­ of years it has been uniformly held that a Honse of Representatives, ized body under the Constitution of the United State.g until members within the meaning of the Constitution, consisted of the number of have heen chosen by the States and itconsistsofthe members "chosen;" members "chosen," or authorized to be ''chosen" as provided for by when they are sworn into office a majority of them constitutes a the preceding apportionment? quorum. I have never heard any ofqer proposition deliberately sub­ Mr. BOUTELLE. I understand that the ruling has for many years mitted to the House than that the Honse of Representatives consists been directly the other way. of the number of members "chosen" or authorized to be chosen, and Mr. HOLMAN. Oh, no. There may have been exceptions, I admit. that justified the constitutional provision which clothed Congress with I do not know of any, but the general ruling has been all one way, the power to provide for the manner of the election of members of the that the Honse of Representatives, when the term "House of Repre­ Honse in States which failed or retnsed to perform their constitutional sentatives" is used, when the words of the Con&titntion a.re construed, duty. consist of the members who have been "chosen;" and that a major­ Mr. REED, of Iowa. Would it not follow, then, if that proposition ity of the members authorized to be chosen, orchosen. constitnteaquo­ is correct, that every act that has been passed by this Congress is void, rum. It bas been almost uniformly held that the words "a majority there having been vacancies in the House since it convened. shall constitute a quorum " are perfectly clear in their meaning, and Ur. "HOLUAN. Oh, not at all. Very clearly that does not follow. that they mean a majority of the members "chosen" to a House of A majority of the members elected is "a quorum to do business." If Representatives. a given number of districts failed to elect, the members "chosen" Mr. BOUTELLE. Will the gentleman right there allow me to ask would constitute "the House;" and so if vacancies occurred, if there him this question? remained a quorum, a majority of those chosen, of course they consti­ Mr. HOLMAN. Certainly. tute a quorum "to do business." What other meaning can be given Mr. BOUTELLE. Suppose that on the organization of the House to the term as used in the Constitution? there were six vacancies, caused by the fact that there have been no The House or Represe~tativcs shall be composed or members chosen every elections in six districts; would the gentleman then hold that those six -. second year by the people. gentlemen who might have been elected, but who were not, would 11 Chosen." Three hundred and thirty members have been "chosen" come in under the designation of having been chosen? to this Congress; a. quorum of thatnnmber is 166. Thatnumberunder Mr. HOLMAN. It is a question that no man can answer at once un­ the Constitution can "do business," and no less number can. less he has thoroughly considered the matter; for the question is, Is it ... ,.. ,_ . Mr. BOUTELLE. l\Iembers chosen. the members authorized to be chosen or the members" chosen" that . ·- The SPEAKER. Will the gentleman from Indiana allow the Chair shall constitute the House; but that very question was at the bo~tom to ask him a question? of the provision to which I have referred already, that is to say, placing Ur. HOLMAN. Certainly. in Congress the power to provide for the '' manner '~ of the election of The SPEAKER. Of what number cloes the House of Representa­ members of Congress. And had it not been for the possibility of that tives now consist? vacancy arising. I think, from the history of that provision, that no Ur. HOL.l\1AN. For the purpose of transa~ting busin~ it consists such provision would be found in the Constitution. -

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10238 CONGRESSIONALI RECORD-HOUSE. SEPTEl\IBER 19'

Mr. BOUTELLE. Will the gentleman answer this question? On is a full representation in this House as provided by law is shown by ,· the organiziation of the House, with six seats vacant from the failure the record and conceded, and consequently there can not he any ques­ to elect, what number would the gentleman from Indiana (Mr. HOL­ tion as to the number necessary to constitute a quorum. A majority MAN] regard as constituting a quorum? of 330 is 166, and that number not being present, it follows that no Mr. HOLMAN. I would still in such case regard, as I remarked business can be transacted until a. quorum does appear. before, for the purpose of transacting business, the persons who had The decision of Speaker Grow in the Thirty-seventh Congress was been constitutionally elected; but still that does not remove the fact expressly based on this ground, ''a majority of the members chosen. 'J that ''the House of Representatives," is to be composed of a given num- Now, the records of this House show that for the Fifty-first Congress, ber of members-- · beginning on the 4th day of March, 18 9, there were enrolled upon the Mr. BOUTELLE. Members chosen. official records, upon credentials duly issued according to law, from the Mr. HOLMAN. Composed of a given number of members chosen different States, the names of 330 Repre.qentatives duly chosen to rep­ and a majority of "the House" shall constitute a quorum-- resent the different Congressional districts as apportioned and fixed by Mr. GROSVENOR. But what is the Honse? law throughout the States in the Union. Consequently 166 members Mr. HOLMAN (continuing). Shall constitute a quorum "to do would constitute a majority and a quorum of the members thus chosen. business. '' There are three vacancies to-day by death; bat there is no question, The House, as now organized, h3S 330 members. That ''is the House and can be no question, raised that 330 members were chosen, were of Representatives." I admit that the Constitution contemplates, of elected, were duly certified and returnell to this House as legally elected, course, either the failure of States to elect or the expulsion of members i.e., chosen. Consequently 166 members, I submit, must be held all from the House, and deaths, and all that; but when the Constit}ltion through the Fifty-first Congress as a majority of this body. speaks of "t~ Honse of Representatives," it contemplates the number Now, the Constitution provides that where a full House has been of members authorized by la.w to be elected or elected, authorized to elected the executive authorities in the States, whenever any vacancy be chosen or chosen. The Constitution employs the word "chosen." may occur by death, resignation, or otherwise, shall issue writs ofelection Surely it is safe to rest there if no broader scope is to be given to the to all such vacancies, and this I believe has already been done to fill these words employed. No less number in any event can constitute "a three ncancies; and then there will be a complete number of mem­ House'' than the number ''chosen.'' bers of thh House. The men who are elected to fill the unexpired ,· M.r. BAKER. What distinction would you draw between six dis­ terms of the other members will simply step into their shoes. .. tricts where they refuse to elect a member, and one hundred districts Mr. HOLMAN. If the gentleman will a.How me, I would suggest where the members refuse to serve under the law? that that is certainly supported by the decision given in the Thirty­ :Mr. HOLMAN. It would have no eftect on the constitutional ques­ seventh Congress, where, as gentlemen have already stated, a. largo tion. It would not affect the constitutional organization of the House. number of States were not represented. It was there held that a ma­ It would not affect the q nestion of what constitutes a quorum. It would jority ot the members "chosen" to the House constituted a quorum. not affect this question, for the members chosen would constitute the Mr. REILLY. The gentleman anticipates me. I was about to say House; but I fall back upon the real question involved in this discus­ that the ruling made in the Thirty-seventh Congress-the Thirty­ sion, and the only question: What number of members constitutes this seventh, I think-the reason why a less number than a. majority of the House and what is a quorum of the House? Three hundred and thirty full representation of the House with all the States in the Union rep­ members were chosen; one hundred and sixty-six constitutes a quorum resented was decreased in number was entirely and absolutely based of that number "to do business." The incidental changes ar~ not upon the fact that a number of the districts bad not chosen Representa­ provided tor by the Constitution. It declares what shall constitute a tives, and that therefore a majority of the Representatives "chosen" 'House and what a quorum. by the people in the manner, at the time, and at the place prescribed Mr. GREENHALGE. Suppose that a pestilence or epidemic should by law was considered as constituting a. majority under the Constitu­ strike all but 164 members of the House, as appears to have been the tion for the transaction of business. case at pre,;ent, would the gentleman bold that because only 164 mem­ Section 2 of Article I provides tba.t- bers were present there was no quorum, and therefore the country was The House of RepTesentntives shall be composed of members chosen every without constitutional government until new elections could be had? second year by the people of the several States, etc. I want a direct answer to that Question. Mr. HOLMAN. The gentleman's question is too problematical It And section 5, same article, provides: has too great an amount of improbability about it to admit of an an­ Each House shall be tlle judge of the elections, returns and qualifications of its own members, and a. majority of each shall constitute a quorum to do swer, but whatever calamity might occur the fact remains that as the business. Constitution provides that a "majority of each Honse shall constitute a quorum to do business," and that the Honse of Representatives shall Now, Mr. Speaker, I submit that the uniform construction given to be composed of members chosen by the several States, and the fact these provisions of the Constitution bas been that a quorum of the also remans that 330 members were chosen to the House and 166 is House consists of a majority of the members chosen. So with the in­ "a quorum to do business." stance cited by the genlteman from New York [Mr. BAKER]. Sup­ M.r. CASWELL. The Supreme Court of the United States consists posing that one hundred members elected had refused to serve; if they of nine members, five members of which would be a quorum. Suppose were elected, if they were chosen regularly and legally, they would be . -.... there were two vacancies; would not the decision of four out of seven members of this House, and if they failed to serve the Constitution be binding? furnishes ample remedy for any such contingency, and would execute Mr. HOLMAN. Yes; there is nothing in the Constitution affecting itself, because the House could declare their seats vacant for failure to the subject. The Constitution does not fix or regulate the number of attend to their duties. and new elections could be ordered. So that, judges of the Supreme Court. It is !1 matter regulated by law. The Mr. Speaker, the whole machinery for keeping up the representation law determines the number of the judges and the effect of the vacancy. in this House is in perfect order, and there is no difficulty about exe­ The question here is wholly different from the contingency that the cuting it. If you were to follow the line or argument that upon the gentleman from Ohio mentiollil. It is constitutionally different from death of a member of this Honse the number necessarv to constitute a .1· the pending question. This is controlled by the Constittltion, that by quorum under the Constitution is reduced, you might have twenty-five, law. Here theConstitutiondefineswhataquorum shall be-amajorty orthirty, oranyotbernumberlessthananabsolutemajority, who, under of the members of the House; that majority is 166 members, as 330 were that ruling, and according to that theory, would be held t-0 be a quorum, chosen as provided for by the Constitution. according to the logic of the gentleman from Massachusetu! (Mr. 1\Ir. REILLY. Mr. Speaker, the question presented here by the GREENHALGE], who spoke of such a contingency as the membership point.of order made by the gentleman from Georgia. (1\Ir. CRISP] is being reduced by a pestilence or something of that kind. of vital importance. The uniform construction, I think, that has Mr. COLEMAN. Does the gentleman claim that the business of been given whenever this question has been raised is that a quorum the country must stop because of the failure of members to attend to Qf the House shall be a majority of the members elected at the time their duties? and in _the manner provided by law. As you are no doubt aware, Mr. Mr. REILLY. I do, sir; if there is less than a quorum here. I take Speaker, that is the rule or principle also laid down by all elementary that position flat-footed. I take the position that where 330 members writers on constitutional and pnliamentary law, and which has been are regularly chosen, and where from any casua~ty, death, resignation, followed uniformly, as I have already stated, in every instance where failure to attend, or refusal to discharge their duties a less number the question has a.risen in the proceedings ot this body. You will than a majority is in attendance, the Honse is without a quorum until a permit me, however, sir, to r.efer yon to section 261 of Cushing's Law quorum can be obtained, and the machinery to accomplish that end is and Practice of Legislative Assembly: perfect and complete under the Constitution and rules of the Honse. 261. * • • So in the second branch of Congress, in which, by the Consti­ That is only a matter ot a little time, a!}d it is better that we should tution. the whole number of Representati>es of which the House may consist proceed regularly and observe the provisions of the law and the Con­ is fixed by the last apportionment, increased by the number of members to ·.· which newly admitted States may be entitled, tbe q uoTum is a majority of the stitution in this respect than, for the sake of any temporary advantage whole number, including the number to which the new States maybe entitled, or tor the sake of expediency in any given emergency which may arise, .'. whether they have elected members or not, and ma.king no deduct.ions on ac- stretch or violate the provisions of the Constitution and the law. count of vacant districts. · Mr. BROSIUS. May I ask my colleague a question? Now, sir, there is no controversy here as to the facts. That there Mr. REILLY. Certainly.

I - ,. I, •,I - .. ' . ' .. .~ !· ' .....> .. :: t .· ,. ·~ . .. • ... ,..t .... ·...... ' ~ .. ' I ' ~ . ''• ·. . . . ' - i r.... ·-­ . ' .. '1890. CONGRESSIONAL REOOR.D-· HOUSE. 10239

Mr. BROSIDS. I direct my colleague's attention to the second sec- The Clerk proceeded to call the roll, when the following-named mem· tion of the Constitution, which provides that the House of Represent.a- hers failed to answer: tives shall be composed of members chosen every, second year. Now, Abbott, Cowle!', Lane, Rogers, supposing one State fails to choose any Represent.atives to Congress in Alderson, Crain, Lanham, Rowland, Allen, Mi&s. Culbe1-son, Tex. Lawlei·, Rusk, a certain year, what then constitutes the constitutional House of Rep­ Anderson, Miss. Cummings, Lee, Sayers, ,,.· .... resentatives daring that period? Andrew, Dargan, Lester, Ga. Seney, Mr. REILLY. That has been already decided and I have cited a Bankhead, Davidson, Lester, Va. • , Shively, Barnes, Dibble, Lewis, Skinner, precedent. Of course, the majority of the members chosen would con­ Barwig, Dickerson, Magner, Spinola, stitute the majority of the House. That is the very proposition I am Biggs, Dockery, ?tiaish, Springer, contending for. Blanchard, Dorsey, Mansur, Stahlnecker, Bland, Dunphy, Martin, Ind. Stewart, Ga.. Mr. BROSIUS. One other question. WhenaStatehaschosenRep­ Blount, Edmunds, Martin, Tex. Stewart, Tex. resentatives and the members chosen are dead, and the State has not Boatner, Elliott., McAdoo, Stockdale, chosen others to succeed them, what is the situation? Boothman, Ellis, McCarthy, Stone, Ky. Breckinridge, Enloe, 1\icClammy, Stone, Uo. Mr. REILLY. Why, a majority of the members chosen would re­ Brickner, Ewart, McClellan, Stump, .. main to constitute a quorum. It is the same House. All the mem­ Brookshire, Finley, McCreary, Sweney, .• bers were originally elected to the Fifty-first C..mgress and if there is a Brown, J.B. Fit-0h, 1\IcMillin, Tarsney, Browne, T. l'U. Fithian, McRae, Tillman, •' vacancy because of death, resignation, or any other cause, the Consti­ Brunner, Flood, Milliken, Tracey, tution and the laws provide the machinery by which that vacancy may Buchanan, Va. Flower :MiUs, Tucker, be filled, and before this Congress expires the vacancies will be filled. Buckalew, Formari, Montgomery, Turner.Ga. Bullock, Forney, Moore, Tex. Turner,N.Y. Elections will be held in November next and members will be chosen :Bnnn, Fowler, ?tiorgan, Vaux, to succeed those who are dead. We have had several special elections Butterworth, Geissenhainer, Mutchler, Venable, already during this Congress to fill vacancies-- Bynum, Gibson, Norton, Walker, Campbell, Goodnight, Oates, Washington, Mr. CUTCHEON. Can members be regarded as "chosen" when Candler, Ga. Grimes, O'Neall, Ind. 'Vheeler, Ala. they are dead? Carlton, Ha.re, O'Neil, 1\1ass. Whiting, Mr. REILLY. Certainly, because they were chosen,·that is to say Caruth, Hatch, Outhwaite, 'VhiLthorne, where death occurs after the member has been elected or chosen. Oakhings, Hayes, Owens, Ohio Wike, Chipman, Haynes, Paynt~r, "Wiley, , They were chosen at the same time that the gentleman from Michigan Clancy, Heard, Peel, Wilkinson, •I and I were chosen. at the same time the rest of the threehnndredand Clarke, Ala. Hemphill, Penington, Willcox, Clemen ts, Henderson, N. C. Perry, Williams, Ill. thirty members of this House were chosen, as the official records show. Clunie, · Herbert·, Peters, "\Vilson, Ky. : The membership of this House is complete. Representatives were Cobb, Hooker, Phelan, Wilson, Mo. lawfully chosen by the people in every district throughout the country. Connell. Kerr, Pa. PieYce, Wilson, W. Va. Cooper, Ind. Ketcham, Price, Yoder. The SPEAKER. The Chair desires to state to the House his opin­ Cothran, Kilgore, RichardBon, ion upon this question, so far as he is able to state it now, and he state8 Covert, Knapp, Robertson, it with this reservation, that if a caretnl examination of the question The following-named members had their names recorded at the Clerk's I should lead him to a different conclusion he should not feel that the desk under the rnle: opinion which he now states was one to which he would be obliged to Mr. ANDREW, Mr. BOOTH.l\IAN, Mr. COVERT, .Mr. HERBERT, Mrr adhere. The Chair feels that we ought to be very careful not to strain McR.AE, Mr. :MORGAN, .Mr. OAtF.s, h1r. PENL~GTON, Mr. WALKER. a point on account of the situation that we find ourselves in to-day. The SPEAKER. The Clerk reports 170 members present. It is very undesirable that any ruling should be made which, in prin­ Mr. ROWELL. I move to dispense with all further proceedings under ciple, might lead to misfortune hereafter for the country or for the ilie~L - House of Repre.sentatives. The Chair bas had a very decided impres­ The motion was agreed to. sion that the I.ate Speaker Randall once decided that a quorum was a The question was then taken on the approval of the Journalj and majority of the living members of the House, and bas so carried it in the Speaker announced that the ayes seemed to ha.ve it. l - /·- his mind without making any examination, but in the examination l\Ir. CRISP called for a division. • I which the Chair has been able to make up to the present time he has The SPEAKER (having again put the question). On this question found no decision which goes to the extent required here. there are 159 in the affirmative and 4 in the ne~ative. 'The decision of Speaker Grow on the 19th of July, 1861, up~nexam­ Mr. CRISP. No quorum. ination, does not seem to go as far as the Chair supposed it did, and as The SPEAKER. Three gentlemen present did not vote. .A. qu_orum members of the House now present think it did. That decision only is present. The ayes have it, and the Journal is approved. [Applause ' .... - went to the extent of seeing that a majority of the members originally on the Republican side.] - chosen would constitute a q uornm of the House. The question w he th er the decision should be that, or that a majority of those sworn in should MESS~ GE FROM THE SE~ATE. ' ' be that, or constitute a q aorum of the House was left e~pressly in abey- .A. message from the Senate, by Mr. McCooK, its Secretary, announced ance. It will be seen, therefore, that that decision does not go so far that the Senate had passed without amendment bills of the following as the requirements of this situation. All previous decisions bad been titles: thataquorum mnstconsistofamajorityofthe members that might have .A. bill (IL R. 1338) granting a pension to Mary A.. Green; been chosen; in other words, in this case, of a majority of 330 members. A bill (H. R. 1466) granting a pension to l\Irs. Mary Ewald; Theonlyhesitancythatthe Chairhasaboutthematterishisvividrecol- A bill (H. R.1568) granting a pension to Mrs. Delphina P. Walker; '., ol ..... • .. lection of the opinion wbich he thinks was entertained by a former .A. bill (H. R. 1906) granting a pension to Levi H. Naron; Speaker, Mr. Randall. Nevertheless, the Chair does not think that any A bill lH. R. 2279) granting a pension to· Abraham W. Jackson; doubtful decision ought to be made, and will therefore adhere for the A bill (H. R. 2385) granting a pension to Barney McArdle; present to the rule that 166 members constitute a quorum. A.. bill (H. R. 2414) granting a pension to Nelson Rich; ..• Mr. BERGEN. Will the Chair allow me to call his attention to one .A. bill (H. R. 2415) granting a pension to Nancy Carey; or two cases which have not been cited? A bill (H. R. 2427) granting a pension to Fletcher Galloway; The SPEAKER. If the gentleman has any decisions bearing upon .A. bill (H. R. 2431) granting a pension to Mary H. Curtis; , this question the Chair will gladly examine them. .A. bill (H. R. 2754) granting a pension to Adele Jones; -· . Several ME:.\IBERS. Too late! A bill (H. R. 2804) to increase the pension of Charles W. Kridler; · The SPEAKER. The Chair in making the decision bas expressly A bill (H. R. 2965) granting a pension to Rachel Barnes; .... founded it upon such examination as he has been able to make, and A bill (H. R. 3528) to grant a pension to James Knetsar; would not have any hesitation in withdmwing his decision if on fur- A bill (H. R. 3587) to pension Stacey Keener, widow of Tillman B. ·.. thc:r examination of authorities a different decision should appear to be Keener, deceased, who served in the Indian war; proper. . A bill (H. R. 3734) granting a. pension to John Mann; [Mr. BERGEN advanced to the Speaker's desk and submitted some A bill (H. R. 4853) to pension Gabriel Stephens; '. .,.; . books for the Speaker's examination.] A bill (H. R. 5144) granting a pension to Jonas H. Keen; TheSPEA.KER. ThegentlemaufromNewJerseycallstheattention A bill (H. R. 5145) granting a pension to W. H. O'Brien; .. , ...... of the Chair to some precedents, hut they are simply mentioned in a .A. bill (H. R. 5628) to increase the pension of David Shively; note, and can not now be examined. A bill (H. R. 5654) to pension .Elizabeth R. Lockett; Mr. CUTCHEO.N. By the count which was made I understand there A bill (H. R. 5736) granting a pension to John L. Lindel; ; • < , .. ,, werel64memberspresent:. · Doesthat.includetheSpeaker? [Apanse.] A bill (H. R. 5851) to pension Mathew Lambert for services in the ' ·,. I wish it might appear in some way in tbe RECORD that 160 of those were Indian war; ,"" ...... Republican members and only 4 Democratic members. A bill (H. R. 6032) granting a pension to Mary Welsh; The SPEAKER. A motion for a call of the House would now be in A bill (H. R. 60i0) granting an increase of pension to Agnes M. order. lBradley; . ': 'Mr. BUCHANAN, of New Jersey. I make that motion. .A. bill (H. R. 6084) for the relief of-Thomas Nelson; The motion was agreed to. A bill (H. R. 6218) to increase the pension of Alexander Forsyth; •.'

, . ... ;- '' .... 1-_.'- '•· .. ,: ...... -,. - .. - . .. -~ ·.. .. I • -- 10240 CONGRESSIONAL RECORD-HOUSE. SEPTEJ.\IBER 19'

A bill (H. R. 6391) granting a pension to :Urs. Margaret A. Jacoby; A bill (S. 3995) granting a pension to Myra E. Lakin; A bill (H. R. 6798' to increase the pension of George H. Brown, Com- .A bill (S. 4167) granting an increase of pension t<> Sarah Y. Azpell; A bill (S. 4209) granting a pension to Henry W. Haley; . ! pany I, Sixth Vermont Volunteers; A bill (H. R. 6853) for the relief of Allen Morris; A bill {S. 4313) granting an increase of pension to Stephen D. Smith; A bill (H. H. 6992) to pension Susan E. Freeman; A bill (S. 4320) granting a pension to l'tirs. Mary E. Dickey; A bill (H. R. 7338) 2:ranting a pension to Louisa M. Sippell; A bill (S. 163) te reimburse certain persons who expended moneys A. bill (H. R. 7422) granting a pension to Mrs. Kate Lane Lownes, and furnished services and supplies in repelling invasions and suppress­ -· widow of Col. Robert R. Lownes; · ing Indian hostilities within the territorial limits of the present State A bill {H. R. 7815) granting a pension to Maryett Vaille; of Nevada; A bill (II. R. 7869) granting a pension to Sophia J. Dimick; A bill (S. 420) for the relief of Calvin Gunn; A bill (H. R. 7914) granting a pension to Jay Marvin; A bill (S. 473) for the relief of the Portland Company, of Portland, A bill ( H. R. 7964) granting a pension to Margaret Pr!ttt; Me.; A bill (H. R. 5059) granting a pension to Mrs. Emma A. Stafford; .A. bill (S. 1496) for the relief of W. L. Adams, of Oregon; A bill (H. R. 8890) grantinganincreasoofpension toLewis8olomon, A bill (S.1619) for the relief of St. Cecelia's Academy; a private in Company A, First Indiana Infantry, l\Iexfoan war service; A bill (S. 1634) to indemnify the State of Pennsylvania for money '_, . A bill (ff. R. 8928) granting a pension to D. M. l\Iiller; expended in 1864 for militia called into the military service by the A bill (H. R. 9138) granting a pension to Elizabeth Gushwa; governor under the proclamation of the President of June 15, 1863; A bill (H. R. 9518) for the relief of Margaret Hetzel; A bill (S. 2306) releasing S. H. Brooks, assistant treasurer of the A bill (H. R. 9590) granting a pension to l'llatilda Evans; United States, and his sureties on his official bond; A bill (H. R. 9692) granting a pension to John A. Johnson; A bill (S. 2538) for the relief of the legal representatives of Nicholas A bill (H. R. 9945) to increase the pension of Charles Barker; J. Bigley, deceased; A biJl (H. R.10033) granting a pension to Isaac Riseden; A bill {8. 2738) to provide for the purchase of a site and the erection A bill (H. R. _10036) granting an increase of pension to JamesB. Reed; of a public building thereon at Wilkes-Barre, in the State of Penn­ • •I A bill (H. R. 10154) to increase the pension of John N. Harris; sylvania; A bill (H. R.10202) granting a pension to 0. E. Hukill; A bill (S. 3015) making an appropriation for a public monument to A bill (H. R.10208) granting an increase of pension to Moses Gra­ the memory of John Ericsson, the inrnntor and constructer of the ham· Monitor; A bill (H. R.102:l4) restoring Rebecca Young to the pension-rolls; A bill (S. 3054) for the relief of William Smith and others: A bill (H. R. 10245) to place the name of Hettie McUonnell on the A bill (S. 3463) for the relief of John .A. Lynch; ' pension-roll; A bill (S. 3551) for the relief of Catherine E. Whitall; A bill (Il. R.10320) granting increase of pension to Nancy Cato; A bill (S. 3611) to amend an act entitled "An act to adjust the sal­ A bill (H. R. 10334) gran tfog a. pension to Wiatt Parish; aries of postmasters," approved .March 3, 1883; and A bill (H. R.10350) granting a pension to Elizabeth Potter; A bill (S. 40 '7) to authorize the purchase of certain manuscript papers ..,. A bill (II. R.10635) for the relief of Olive Hechtman; and correspondence of Thomas Jefferson. A bill (H. R. 10651) granting a pension to J. W. Robertson; ELECTIO~ COXTEST-LAXGSTON VS. VEX ADLE. A bjll (H. R. 10951) granting a pension to Lucinda Rawlingscn; The SPEAKER. The Clerk will now proceed to call the roll on or­ A bill (H. R.11169)granting a pension to Isadora Ritter, formerly Is- dering the previous question upon the resolutions reported by the Com- adora. De Wolf Dimmick; • mittee on Elections. - A bill (H. R. 11345) to increase the ·pension of Thomas Beaumont; The question was taken; ana there were-yeas 1-17, nays 7, not vot­ A bill (H. R.11355) for the relief of :Mary L. Brown, dependent ing 171; as follows: mother of Josiah R. Brown, deceased; · YEA.S-147. A bill (II. R.11417) to increase the pension of Celia I. Woods; Adtllru!, Cutchcon, Lehlbach, Russell, A bill (H. R. 11543) granting a pension to James H. Means, doctor .A.llen,l\Iich. Dalzell, Lind, anford, Anderson, Kan~. Darlington, Lodge, . awyer, of medicine; Arnold, De Lano, Mason, Scranton, A bill (H. R.11547) granting a pension to Lucinda. Chapin; Atkinson, Pa. Din~l e y, i\fcComns, Scull, c .. "... A .bill (H. R. 11773) granting an increase of pension to Mrs. l\Iary B. Atkinson, W. Va. Dolhver, l\IcCormick, Sherm.an, Baker, Dunnell, 1\IcDuffie, Simonds, Cushing; Banks, EYans, McKinley, Smith, Ill. A bill (H. R. 1614) for the relief of James B. Guthrie; Bartine, Farquhar, Miles, Smith, W. Ya. A bill (H. R. 445) for the removal of the charge of desertion from the Bayne, Featherston, l\Ioffitt, Smyser, Beckwith, Flick, l\foore, N. H. Snider, record of Daniel J. Mahoney; Belden, Funston, l\Iorey, Spooner, A bi1l (H. R. 7795) for the relief of certain property-owners in the Belknap, Gear, .Morrill, Stephenson, city of Washington, D. C.; and Bergen, Gest·, Morrow, Stewart, Vt. Bliss, · • Gifford, Morse, Stivers, A bill (H. R. 8201) to amend the Articles of War relative to the pun­ Boothman, Greenhalge, Mudu, Stockbridge, iflhment on conviction by courts-martial. Boutelle, Grosyenor, Niedringhaus, Struble, ••I The message also announced that the Senate had passed, with amend­ Bowden, Grout, Nute, Taylor, E. B. Brewer, Hall, O'Donnell, Taylor, J. D. ments in which concurrence was requested, bills of the following titles: Brosius, Hansbrough, O' Neill, Pa. Taylor, Tenn. A bill (H. R. 8210) granting au increase of pension to Maria L. Cara­ Brower, Harme1·, Osbm·ne, 'l'hom11B, her; and Buchauan, N. J. Ilaugen, Owen, Ind. Thompson, Burrows, Henderson, Ill. Payne, Townsend, Colo. A bill (H. R. 10083) for the relief of George l\Iurray. Burton, Henderson, Iowa Payson, Townsend, Pa. The message fur ~ber announced that the Senate requested a confer­ Caldwell, Herm ann, Perkins, Turner, Kans. ence with the House on the bill (H. R. 5067) for the relief of Archi­ Candler, Mass. Hill, Pickler, Vandever, Cannon, Hitt, Post, Van Schaick, bald Hunley, and bad appointed l\Ir. MANDERSON, Mr. DAVIS, and Carter, Houk, . Pugsley, \Valker, Mr. COCKRELL conferees on the part of the Senate. · Caswell, Kelley, Quackenbush, ·wallace, l\Iass. 'I be message farther announced that the Senate agreed to the amend­ Cheatham, Kennedy, Raines, 'Vallace, N. Y. Clark. Wis. Kerr, Iowa Randall, Wheeler, l\Iich. ments of the House to the joint resolution (S. R. 51) to authorize the Cogswell, Kinsey, Ray, 'Vickham, President to appoint Richard H. Jackson an ensign in the United States Coleman, Lacey, Reed, Iowa 'Villiams, Ohio Navy. Comstock, La Follette, Reyburn, Wilson, Wash. Conger, Laidlaw, Rife, Wright, -,. The message further announced that the Senate bad passed the fol­ Craig, Lansing, Rockwell, Yardley. lowing resolution, in which concurrence was requested: Culbertson, Pa. Laws, Rowell,

0 Resolved by the Senate (the House 0/ Representati. ves conettrrina), That there· be NAYS-7. printed 15,000 extra copies of the report of the Select Committee on Trrigation A.ndrew, Cl"is p, O'Ferrall, Reilly. und Reclamation of Arid Lands, witl:l the views of the minority and the testi· Cheadle, Holman, Parrett, mony. to be bound in cloth in two volumes; 10,000 copies for the House of Rep- NOT VOTING-l'il. 1·csentativcs and 5,000 copies for the Senate. Abbott, Browne, T.M. Clements, Dockery, The message farther announced that the Senate bad passed bills of Alderson, Browne, Va. Clunie, Dorsey, Allen, Miss. Brunner, Cobb, Dunphy, the following titles; in which the concurrence of the House was re­ Anderson, Miss. Buchanan, Va. Connell, Edmunds, .' , que3ted: Bankhead, Buckalew, Cooper1Ind. Elliott, A hill (S. 792) granting a pension to Martha J. Dodge; Barnes, Bullock, Cooper, Ohio Ellis, Earwig, Bunn, Cothran, Enloe, A bill (S. 987) granting a pension to Mary L. Miller; Biggs. Butterwmtb, Cm·ert., Ewart, A bill (S. 2586) granting a pension to .Andrew J. Elliott; Bingham, Bynum, Cowles. Finley, A bill (S. 3196) granting an increase of pension to Michael 11IcGarvey­ Blanchanl, Campbell. Crain, Iritch, Bland, Candler, Ga. Cu I berson, Tex. Fithian, .A. bill (S. 3232) granting a pension to Abbie R. Reddington; ' Blount-, Carlton, Cummings, Flood, A bill (S. 3234) grab ting a pension to Harriet B. Hamilton; Boatner, Caruth, Dargan, Flower, ' i A bill (S. 3532) granting a pension to Georgiana W. Vogdes· Breckinridge, Catchings, Davidson, Formo.n; A bill (S. 3649) granting an increaae of pension to W. Brickner, Chipman, De Haven, Forney, . ' Kath~rine Brookshire, Clancy, Dibble, Fowler, Howell; Brown, J.B. Clarke, Ala. Dickerson, Frank,

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'i 1890. CONGRESSIONAL RECORD-HOUSE. ·~ 10241

Geissenba.iner, Maish, ,Peel, Sweney, Charles B. Stivers, of the United States .Army, valid, and that he is Gibson, Mansur, Penington, Tarsney, Goodnight, Martin, Ind. Perry, Ta.ylor,Ill. entitled as such retired officer to his pay. Grimes, l\Iartin, Tex. Peters, Tillman, The message also announced that the Senate had passed, with amend­ Bare, McAdoo, Phelan, Tracey, ments in which concurrence was requested, bills of the following Batch, McCarthy, Pierce, Tucker, Ba.3reS, McOlammy, Price, Turner, Ga. titles: Haynes, l\IcOlellan, Quinn, Turner, N. Y. A bill (H. R. 7666) making an appropriation to construct a road and Heard, McCord, Richardson, Vaux, approaches from the city of Alexandria, Va., to the national military Hemphill, l\IcCreary, Robertson, Venable, and · Henderson, N. C. l\fcKenna, Rogers, Waddill, cemetery near that city; Herbert·, l\lcMillin, R-0wland, Wade, A bill (H. R. 10639) to amend section 2, act of May 30, 1862. Hooker, l\fcRae, Rusk, Washington, The message further announced that the Senate had passed bills of Hopkins, l\Iillik:en, Sayers, Wheeler, Ala. the following titles; in which the concurrence of the Honse was re­ Kerr, Pa. l\Iills, Seney, Vvhiting, Ketcham, Montgomery, Shively, Wnitthorne, quested: Kilgore, Moore, Tex. Skinner, Wike, A bill (S. 373) for the rnlief of Claude H. :Mastin, smviving partner , , Knapp, Morgan, Spinola, Wiley, ... Lane, Mutchler, Springer, 'Vilkinson, of the firm of Levert & Mastin, of Mobile, .Ala. ; Lanham, Norton, Stahlnecker, Willcox, A bill (S. 497) to provide for the sale of certain New York Intlian Lawler, Oates, Stewart, Ga. Willia.ms, Ill. lands in Kansas; Lee, O'Neall, Ind. Stewart, Tex. Wilson, Ky. A (S. Lester, Ga. O'Neil, Mass. Stockdale, Wilson, Mo. bill 945) granting pensions to women who served as army Lester, Va. Outhwaite, St-one, Ky. Wilson, W. Va. nurses; Lewis, Owens, Ohio Stone, lllo. Yoder. A bill (S. 1111) to revive the grade of lieutenant-general in the .A:Imy Magner, Paynter, Stump, ot the United Rtates; The followin~ pairs were announced until farther notice: A bill (S. 1187) tor the relief of the Washington Iron Works; Mr. McKINLEY with Mr. MILLS. A bill (S. 1910) for the examination and allowance of certain awards Mr. TAYLOR, of Illinois, with ?tfr. LA,\LER. made by the board of claims to certain citizens of Jefferson County, Mr. LIND with Mr. .PIERCE. Kentucky; Mr. DORSEY with Mr. GOODNIGHT. A bill (S. 2276) for the relief of Rodman Price; , Mr. GREENHALGE with Mr. TUCirER. A bill (S. 2340) to provide for the purchase of a site and the erection Mr. KN.APP with Mr. ALDERSON. of a public building thereon at Colorado Springs, in the State of Col­ Mr. WILSON, of Kentucky, with Mr. PAYNTER. orado; . , '... Mr. EWART with Mr. HENDERSON, of North Carolina. A bill (S. 2474) for the relief of Charles N. Felton, formerly assistant Mr. McCORD with Mr. FITHIAN. treasurer of the United States at San Francisco, Cal.; Mr. CooPER, of Ohio, with Mr. WILSON, of Missouri. A bill (S. 3893) to provide for the purcb~ of a site and the erection Mr. FINLEY with Mr. CANDLER, of Geor1z:ia. of a public building thereon, at Nevada, .in the State of Mis.souri; Mr. McKENN A with Mr. CLUNIE. A bill (S. 4039) to amend sections 3834, 3836, and 3837 of the Revised Mr. PETERS with Mr. MANSUR. Statutes, and tor other purposes; Hr. FRANK with Mr. BLAND. A bill (S. 4064) for the reliefof William J. Martin; ltlr. KETCHAM with Mr. ROGERS. A. bill (S. 4074) t-0 provide an American register for the bark Campa­ Mr. BUTIERWORTH with Mr. OUTHW~UTE. nero, of Baltimore, Md.; Mr. WADE with Mr. DOCKERY. A bill (S. 4081) to provide for the incorporation of trust, loan, mort­ Mr. DE HAVEN with Mr. BIGGS. gage, and certain other corporations within the District of Columbia; Mr. !IILLIK.EN with Mr. ABBOTI. A bill (S. 4096) for the relief of William W. Burns; .Mr. THOMAS M. BROWNE with Mr. H!.TCII. A bill (S. 4138) to extend the jurisdiction of the Supreme Court of the Mr. RAN DALI, with Mr. GIBSON. United States, as the same is defined in section 709 of the Revised Statutes .Mr. FLOOD with Mr. CHIPMAN. of the United States, to include the judgments and decrees of the highest Mr. YARDLEY with Ur. KERR, of Pennsylvania. courts of the Cherokee, Creek, Seminole, Choctaw, and Chickasaw tribes Mr. SWENEY with Mr. WHITING. of Indians, respectively; Mr. O'FERRALL. I ask that the Clerk recapitulate the names of A bill (S. 4155) to provide for the inspection of live cattle, hogs. and those voting. the carcasses and products thereof which are the subjects of inter­ The Clerk read the names of those recorded as having voted. state commerce, and for other purposes; ,...· The SPEAKER. The Clerk will report the names of members pres­ A bill (S. 4164) for the re1ief of the estate of Thomas Sherwin, de­ ent and not ¥Oting. ceased; and The Clerk read as follows: A bill (S. 4309) granting the right of way to the Sherman and North­ Mr. BINGIIAY, Mr. BROWNE of Virginia, Mr. COOPER of Ohio, Mr. DE IL~VEN, western Railway Uompany through the Indian Territ-0ry, aiid for other :ir:tr. FRANK, Mr. HOPKINS, .Mr. McCORD, Mi·. McCREARY, Mr. McKENNA, Mr. purposes. · PENINGTON, l\1r. TAYLOR of Illinois, Mr. w ADDILL, Mr. w ADE, and the SPEAKER. CASE-L~GSTON YEN CONTESTED·ELECTIO:Y VS. A.BLE. J The SPEAKER. On this question the yeas sy-e 147, and the nays7; ,I and a quorum being present, the motion is carried. The SPEAKER. The question is on the adoption of the resolution Ur. O'FERRALL. How many are counted prtSent and not voting? from the Committee on Elections. The SPEAKER. Fourteen. Mr. CRISP. I call for a. division on the substitute presented by the GENERAL DEFICIENCY BILL. minority. The SPEAKER. The first question will be on the substitute. lir. HENDERSON, ot Iowa. Mr. Speaker, I ask unanimous con­ Mr. CRISP. And I ask a separate vote on each of the resolutions, .. . gent t-0 make a privileged report from the Committee on Appropria­ the majority resolution and the substitute. ·'· tions. It will take bnt a ~bort time. The SPEAKER. The Clerk will read the first resolution. The SPEAKER. Is there objection? Mr. CHEADLE. I rise to a parliamentary inquiry. There was no objection. The SPEAKER. The gentleman will state it. Mr. HENDERSON, of Iowa, reported back the bill H. R. 11459, the Mr. CHEADLE. Would a motion be in order at this time to re­ general deficiency bill, with Senate amendments, with the recommenda­ commit this case to the Committee on Elections? tion that all of said amendments be non-concurred in. The bill and Mr. ROWELL. It is too late. amendments were referred to the Committee of the Whole House on · The SPEAKER. The previous question bas been ordered-- the state of the Union and the report was ordered to be printed. Mr. CRISP. But the motion to recommit may be made either be­ Mr. HENDERSON, of Iowa. I will state, Mr. Speaker, that this fore or after the previous question has been ordered. I re1er to the report also contains the views of the minority, recommending con­ latter clause of Rule XVII, para~aph 1. currence in the Senate amendment to pay the French spoliation claims. Mr. DINGLEY. Bnt that applies to a bill that is pending. MESSAGE FROM THE SENATE. The SPEAKER. The Chair thinks this motion is admissible. A message from the Senate, by :M:r. McCooK, its Secretary, an­ Mr. ADAMS. Before the Chair entertains the motion allow me to nounced that the Senate had passed without amendment bills and a make a suggestion. The gentleman submits the question whether it joint resolution of the following titles: would be in order to enter a motion to recommit after the previous A bill (H. R. 3895) to amend section 3510 of the Revised Statutes question has been ordered. I submit that the nature of the previous and to provide for new designs of authorized devices of United States question is such that this right to move to recommit should be strictly coins; construed; and by the language of the rule it is evi1ently intended to A bill (H. R. 5596) to discontinue the coin~e of the three-dollar and reler to a legislative proposition which the Honse may desire to recom­ one-dollar ~old pieces and three-cent nickel pieces;. mit to a committee in order to change the form thereof. I doubt A bill (H. R. 8155) to grant school district numbered 7, of the town­ whether the reason of the rule, and I doubt, therefore, whether the .· ship of Dearborn, Wayne County, Michigan, certain lots of land for rule itself, is applicable to a resolu~ion to recommit a contested-elec­ school purposes; and tion case. Joint resolution (H. Res. 39) declaring the retirement of Capt. The SPEAKER. Has the gentleman from Indiana any authority? .- XXI-641

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Mr. CHEADLE. I have none, Mr. Speaker, except the general rule the motion to recommit is in order. As many as are in favor of tliis and practice of the House. I know, in reference to the transaction of motion will say "ay." business here, that it is in order to move to recommi~ a bill pending the The question was taken; and the Speaker announced that the noes demand for the previous question or after it bas been ordered; and:( seem~d to have it. assume tbe same rule to apply to any question on which the House is Mr. CRISP. Divi ion. called to vote. I do not see bow it can be held otherwise. The House divided; and there were-ayes 6, ooes 140. The SPEAKER. If the gentleman has no authority to submit, the Mr. CRISP. Mr. Speal{er, I make the point of no quorum present. Chair will feel inclined to sustain the objection made by the gentleman The SPEAKER (having counted the House). Onehu.ndred and sixty- from Illinois under the circumstances. three gentlemen present. Mr. CRISP. But, Mr. Speaker, there is authority. The present Mr. O'FERRALL. No quorum, Mr. Speaker. occupant of the Chair has himself held, in the case of Waddill i-s. Wise, Other members ha.ving appeared, the Speaker announced: One hun­ that that motion is in order. It bas been so held by previous Speakers. dred and sixty-six members present-a quorum. Ont.bis question the The rule itself provides tbat- ayes are 6 and the noes 145. It shall be in order pending the motion for or after the previous question sh:lll l\Ir. O'FERRALL Did I understand the Chair to announce tll:tt have been ordered on its passage. there are 166 members present? I suppose reading the preceding portion of the rule would indicate The SPEAKER. That is the count which the Chair bas made. that this applies to bills, bnt the Chair bas held that a question which Mr. O'FERRALL. Will the Chair order a count bv tellers? has reached this stage assimilated itself to a bill, and that it would be The SPEAKER. The gentleman from Virginia can request tellers in order to make the motion. Otherwise, Mr. Speaker, manifestly, under the provisions of the role. the motion could not be made at all, because one could not take thei Mr. O'FERRALL. Let us have a count by tellers. floor away from the other side to make the motion, and the previous 'l'he SPEAKER. The gentleman from Virginia demands tellers un­ question might be demanded before such an opportunity could be pre­ der the rule. As many gentlemen as are in favor of talcry Resoli:ed, TJ.iat Edward C. Venable was duly elected a Rep:resentati\'"e in the language of the rule its intention is to bring the House to an immedi­ Fifty-first Congress from the Fourth Congressional district of Virginia and is ate vote. Now, there is an exception cited in the rule, and that ex­ entitled to retain the seat he holds'. ception must be strictly construed. That exception, by the lan$?uage The SPEAKER. The question is on the substitute. of the role, evidently applies to a legislative proposition; and I doubt Mr. CHEADLE. Mr. , peaker, I ask for the yeas and nays on this exceedingly whether it applies to any such proposition as this. resolution. JHr. LACEY. Mr. Speaker, I make the point that there is no ques­ On the demand for the yeas and nays four members rose. tion as to recommitting now before the Honse, and I call for a vote Mr. CRISP. There are four gentlemen who are in favor of a free upon the question that is before the House. ballot and a fair count, it seems. Mr. CP..ISP. What is that? Mr. CHEADLE (addressing the Republican side). You ought to be :Mr. CHEADLE. Mr. Speaker, I desire to call attention to Ilnle willing to go on reco1d. Make your record, and give them the yeas XVII, and I did submit a motion to recommit. and nays. l\Ir. LACEY. No; you simply made an inquiry. The SPEAKER. Four gentlemen rising, not a sufficient number, 1t1r. CHEADLE. I call the attention of my colleague from Iowa and the yeas and nays are refused. The noes have it, and the substi- [lt1r. LACEY] to the fact that I did submit a motion to recommit. tute is rejected. . The SPEAKER. The Chair would ask the _gentleman from Georgia. Mr. 0' FERRALL. There has been no vote upon the substitute yet. [Mr. CRISP] whether this point was made in either of those cases that The SPEAKER. The Chair did not understand. The question is he has referred to. on the substitute. .A.s many as are in favor of the substitute will say Mr. CRISP. I do not recollect that the point was made on the case "ay." decided by the Speaker of the House; bot there was some discussion The question was taken; and the Speaker announced that the noes of the question before the Speaker pro tempore, and he was inclined to seemed to have it. hold that the motion was only in order when it came to a vote on the Mr. O'FERRALL. Division, Mr. Speaker. final disposition ofthe resolution; but be was clearly of the opinion that The SPEAK.ER. As many as are in favor will rise in their places the motion to recommit was ju order, and so held. There was some and be counted. The Chair asks gentleman who are not voting to take dispute as to when it was in order, as to whether it was in order be­ their seats. Gentlemen behind the rail will please come forward and fore the vote was t.aken on the substitute or whether it was on the ta.ke their seats. As many as are in favor of the substitute will rise final passage of the resolution submitted by the committee. Bnt there in their places and be counted. was no doubt in his mind, and he so stated, as to the right to make the The House divided; and there were-ayes 5, noes 142. motion, as I understood the Speaker pm tcnmore, the gentleman from Ur. O'FERRALL. No quorum, Ur. Speaker. Michigan [Mr. BURROWS]. Tbe SPEAKER. The gentleman makes the point there is no quo- The SPEAKER. The gentleman from Indiana· moves that the res- rum present. Gentlemen will be kind enough to resume their seats. olution be recommitted-- Mr. McKENNA. I was paired and did not vote, though present. l\1r. CHEADLE. To the Committee on Elections. Mr. DE HAVEN. I was present, but did not vote. The SPEAKER. To the Committee on Elections. The SPEAKER (having counted the Honse). One hundred and Mr. KERR, of Iowa. Mr. Speaker, I will say that, when that ques­ forty-eight members present. tion wa8 up, the question considered by the Chair seemed t-0 be only M1·. O'FERRALL. No quorum present, Mr. Speaker. as to tbe time when the motion should be made; and the question that Mr. ROWELL. I move a call of the House. it could not"be made at all was not presented to the Chair. I do not A call of the House was ordered. tbink it was. The Cle1k proceeded to call the roll, when the following members Mr. CUTCHEON. I think you are right about that. The question failed to answer to thei:- names: then considered was as to time, whether before or after the previous Abbott, Barnes, Blount, Brown,J. B. question bad been ordered, and the Speaker pro temp ore [.Mr. BURROWS] Alde:rson, Barwig, Boatner, Browne, T. M. Allen. Miss. Biggs. Breckinridge, Brunner, held that it was after the previous question. Anderson, ~Iiss. Blanchard, Brickner, Buchanan, Va. The SPEAKER. The Chair thinks under the practice of the House Bankhead, Bland, Biookshire, Bullock,

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. .- .... 1890. CONGRESSIONAL RECORD-HOUSE. 10243 - ...... · ....

Bunn, Farquhar, l\Iansur, Sayers, Mr. DINGLEY. We have voted on that. Dutterwortb, Finley, Martin, Ind. Seney, Bynum, Fitch, lUartin, Tex. Shively, The SPEAKER.. The gentleman from Georg.ia ~emanded a cli~is­ , . Caldwell, Fithian, l\IcAdoo, Skinner, ion of the resolutions as they stand. The question lS on the adoption Campbell, Flood, McCarthy, Spinola, of the firs.t resolution, which the Clerk will again read. Candler, Ga. Flower, l\IcClammy, Springer, Candler, :!I.lass. Forman, l'.IcClellan, Stahlnecker, The Clerk read as follows: Carlton, Forney, l\IcCord, Stewart, Ga. .Resolved, That E. O. Venable was not elected a Represei;ita~i~e of th_e .Fifty­ Caruth, Fowler, McCreary, Stewnrt, Tex. first Congress from the Fourth Congressional district ofVll'gmia, and IS not en­ Caswell, Geissenhaincr, l\fcMillin, Stockdale, titled to a. seat therein. Catchin.irs, Gibson, Milliken, Stone, Ky. Chipman, Goodnight, l\Iills, Stone, Mo. Mr. HILL. .A. -parliamentary inquLJ;y. . Clancy, Grimes, l\Iontgomery, Stump, The SPEAKER. The gentJemn.n will state it. Cla1·ke, Ala. Hare, Moore, Tex. Sweney, Mr. HILL. Is not that the same proposition :is has just been voted Clements, Hatch, :Morgan, Tarsney, Clunie, Hayes, l)!utchler, Tillman, upon? . Cobb, Haynes, Norton, Tracey, The SPEAKER. The question just voted upon crune m as an Connell, Heard Oates, Tucker, amendment. A di vision of the q ue.stion lia.s been customary when de­ .. :-: Cooper, Ind. Hemphill, 0' Neall, Ind. Turner, Gn. Cothran, Henderson, S. C. O'Neil, Mass. Turner, N. Y. manded in the House. [Cries of" Vote!" ''Vote!"] The noes appear Covert, Herbert, Outhwaite, Vaux, to have it. Cowles, Hooker, Owen, Ind. Venable, Mr. CR.ISP. Mr. Speaker, the question has not been submitted at Crain, Kerr, Pa. Owens, Ohio. Waddill, • t ... -· Culberson, Tex. K etclmm, Paynter, Washington, all. Cummings, Kilgore, Peel, Wheeler, Ala. The SPEAKER. The Chair begs the pardon of the gentleman from Dargan, Knapp, Penington, Wheeler, Mich. Georgia, and thinks that is true. The question is on the adoption of Davidson, Lane. Perry, Whiting, Dibble, Lanham, Peters, Whitthorne, the resolution. Dickerson, Lansing, Phelan, Wike, The question was put; and the Speaker announced that the ayes Dockery, Lawler, Pierce, Wiley, seemed to have it. ,- Dorsey, Laws, Price, Wilk.inson, O'FERRALL. Division now. Dunphy, Lee, Quinn, Willcox:, Ill Mr. Edll'.lunds, Lester, Ga. Richardson, 'Villiams, . The SPEAKER. A division is demanded. .., Elliott, Lester, Va. Robertson, Wilson, Ky. The House divided; and there were-ayes 146. Ellis, Lewis, Rogers, Wilson, Mo. Enloe, Magner, Rowland, '\Vilson, W. Va. Mr. O'FERRALL. No quorum. Ewart, l\Iai.8b, Rusk, Yoder. The SPEAKER. Those who are opposed will rise in their places and be counted. [After conn ting.] Three gentlemen in the negative. Those During the roll-call the following members appeared and were noted who have not voted will please rise in their places. [After counting.] as present under the rule: One hundred and sixty-three in all. Mr. CALDWELL, Mr. CA...~DLER of Mas..

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-10244 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19,

Rogers, Stewart, Ga.. Tucker, Wiley, l\fcClellan, Paynter, Spinola, Vaux, Rowland, Stewart Tex Turner, Ga. Wilkinson, McCord, Peel, Springer, Venable, Rusk, Stockdaie, Turner, N. Y. Willcox, McCreary, Penington, Stahluecker, Waddill, Sayers, Stone, Ky. Vaux, Williams, Ill. McKenna, Perry, Stewart·, Ga. 'Vade, Seney, Stone, Mo. Venable, Wilson, Ky. McMilJin, Peters, Stewart, Tex. Wn.llace, Mass. Shively, Srnmp, Washington, Wilson, Mo. McRae, Phelan, Stewart, Vt. \Vashington, Skinner, Sweney, Wheeler, Ala. Wilson, W. Va. :Milliken, Pierce, Stockbridge, Wheeler, Ala. Spinola, •rarsney, Whiting, Yoder. Mills, Price, Stockdale, Whiting, Springer. Tillman, Whitthorne, Montgomery, Quinn, Stone, Ky. 'Vbitthornc, Stahlneckel", Tracey, 'Vike, Moore, Tex. Reilly, Stone, Mo. 'Vike, 1\Iorgan, Richardson, Stump, Wiley, The following-named members appeared at the desk and were noted Mutchler, Robertson, Sweney, Wilkinson, as present under the rule: Mr. NIEDRINGHAUS, Mr. BURROWS, .Mr. Norton, Rogers, Tarsney, Willcox, flREWER. Oates. - Rowland, Taylor, Ill. Williams, Ill. The Clerk reports 167 members present. O'Neall, Ind. Rusk, 'rillman, 'Vilson, Ky. The SPEAKER. O'Neil, l.\Iass. Saye1·s1 Tracey, Wilson, l\lo. Mr. HAUGEN. I move to dispense with all further proceedings Out.hwaite, Seney, Tucker, Wilson, W. Ya. Owens, Ohio Shively, Turner, Ga. Yoder. under the call. Parrett, Skinner, Tun1er, N. Y. The motion was agreed to. The SPEAKER. The question is on the adoption of the resolution Mr. WRIGHT. I am paired with the gentleman from New Jersey ., reported by the Committee on Elections. [Mr. GEISSENHAINER], but have voted to makea quorum. Mr. O'FERRALL. Upon that question tellers have been ordered. The Clerk recapitulated the vote. Mr. HAGGEN. No, sir. . '.fhe namE'.s of members present and not voting were read, ns follows: Mr. BRO'Wl\'"E of Virginia, Mr. CABTER, Mr. UABWELL, Mr. COOPER of Ohio, Mr. Mr. HOPKINS. The tellers were ordered for the purpose of ascer­ DEHAVEN, Mr. FRANK, Mr. HILL, Mr. LANSING, 1\Ir. McCORD, Mr. MCKENNA, l\1r. taining whether there was a quorum present. STEWART of Vermont, Mr. STOCK.BBIDGE, Mr. TA YLOB. of llliuois, l\lr. w ADDILL, Mr. 0' FERRALL. I think tellers were ordered on that vote, Mr. Mr. WADE, Mr. w ALLACE of Massachusetts, and the SPEAKER. - Speaker. The SPEAKER. On this question the yeas are 142, the nays 4. Mr. WALKER. Mr. Speaker, I demand the yeas and nays. If we l\:lr. O'FERRALL. No quorum, Mr. Speaker. can get a quorum here by a call of the House, we can get it by yeas Mr. HAUGEN. I move a call of the House. and nays. The motion was agreed to; there bei'ngon a division (called for by The SPEAKER. Tellers have been ordered. The tellers will re­ Ur. O'FERRALL)-ayes 75, noes 2. sume their places. The Clerk proceeded to call the roll, when the following-named The House again divided; .and the tellers reported-a.yes 143, noes 3, members tailed to answer: and there were 13 members present aml not voting. Abbott, Cummings, Lanham, Quinn, Mr. O'FERRALL. No quorum present, Mr. Spenker. .Alderson, Dargan, Lawler, Richardson, Allen, Miss. Davidson, Lee, Robertson, Mr. HAUGEN. I call tor the yeas and nays. .Anderson, Mi8!1. Dibble, Lester, Ga. Rogers, The yeas and nays were ordered. Bankhead, Dickerson, Lester, Va. Rowland, The question wa.s taken; and there were-yea.s 14~, nays 4, not Barnes, Dingley, Lewis, Rusk, Earwig, Dockery, Magner, Sayers, yoting 179; as follows: Biggs, Dorsey, faish, Seuey, YEAS-142. Blanchard, Dunphy, Mansur, Shively, Adams, Cutchcon, Lehlbn.ch, Rowell, Bland, Edmunds, Martin, Ind. Skinner, Allen, Mich. Dalzell, Lind, Russell, Blount, Elliott., Martin, Tex. Spinola, Anderson, Kans. Darlington, J.... odg-e, Sanford, Boatner, Ellis, McAdoo, Springer, Arnold, De Lano, l\lason, Sawyer, Breckinridge, Enloe, l\IcCarlhy, Stahlnecker, Atkinson, Pa. Dingley, Mccomas, Scranton, Brickner, Ewart·, l\lcClammy, Stewart, Ga.. Atkinson, ,V,Vn. Dollive1·, McCormick, Scull, Brookshire, Finley, l\IcUlellan, Stewart. Tex. Baker, Dunnell, l\IcDufile, Sherman, Brown, J.B. Fitch, :l\IcCreary, Stockdale, Banks, Evans, McKinley, Sjmonds, Browne, T. M. Fithian, McDuffie, Stone, Ky. Ba.rtine, Farquhar, Miles, Smith, Ill. Brunner, Flood, l\lc:'IIilJin, St-0ne,Mo. Bayne, Fea.tberston, Moffitt, Smith, W. Va. Buchanan, Va. Flower, 1\fcRac, Stump, Beckwith, Flick, Moore,N.H. Smyser, Buc~lew, · Forman, 1\1 ill i ken, Sweney, Belden, Funston. Morey, Snider, Bullock, Foruey, l\Iills, Ta1·sney, Belknap, Gear, · Morrill, Spooner, Bunn, Fowler, Montgomny, Tillman, BergenJ Gest, Morrow, Stephenson, Butterworth, Funston, Moore, Tex. 'l'racey, Bingham, Gifford, Morse, Stivers, Bynum, Geissenhainel", Morgan, '.racker, Bliss, Greenhalge, l\Iudd, Struble, Campbell, Gibson, 1\futchler, Turner, Ga. Boothman, Grosvenor, Niedringhaus, Taylor, E. B. Candler, Ga. Goodnight, Norton, '.rarner, N. Y. Boutelle, Grout, Nute, Taylor, J. D. Carlton, Grimes, Nute, Vaux, Bowden, Hall, O'Donnell, '.raylor, Tenn. Caruth, Hare, Oates, Venable, Brewer, Hansbrough, O'Neill, Pa. Thomas, Catchings, Hatch, O'Nea.ll,Intl. W1u1hiogton, Brosius, Harmer, Osborne, '.rhompson, Chipman, Hayes, O'Neil, Mass. Wheeler, Ala. Brower, Haugen, Owen, Ind. Townsend, Colo. Clancy, Haynes, Outhwaile, Whiting, Buchanan, N. J. Henderson, Ill. Payne, Townsend, Pa. Clarke, Ala. Heard, Owens, Ohio, "'bitthorne, Burrows, Henderson, Iowa Payson, Turner, Kans. Clements, Hemphill, Parrett, 'Vike, Burton, Het'mann, Perkins, Vandever, Clunie, Henderson, N. C. Paynter, Wfley, Caldwell, Hitt, Pickler, Van 8chaick, Cobb, Herbert, Payson, Wilkinson, Candler, Mass. Hopkins, Post, 'Valker, Connell, Holman, Peel, 'Viii cox, Cannon, Honk, Pugsley, 'Wallace, N. Y. Cooper, Ind. Hooker, Penington, Williams, Ill. Cheatham, Kelley, Quackenbush, Wheeler, Mich. Cothran, Kerr, Pn. Pcny, Wilson, Ky. \Vickham, • 1 Clark, Wis. Kennedy, Raines, • Covert., Ketcham, Peters, Wilson, Mo. Cogswell, Kerr, Iowa Randall, Williams, Ohio Cowles, Kilgore, Phelan, Wil:1on, W. Va. Coleman, Kinsey, Ray Wilson, \V11sh. Crain, Knapp, Pierce, Yoder. Comstock, J..acey, Reed, Iowa Wright, Culberson, Tex. Lane, Price, Conger, La FoUette, Reyburn, Yardley. Craig, J,aidlaw, Rife, The names of the following members we1·e recorded at the Clerk's Culbe_rtson, Pa. Laws, Rockwell, desk under the rule: NAYS-4. Mr. FUNSTON, Mr. McDUFFIE, Mr. PAYNON, Mr. DINGLEY, amllfr. Andrew, Cheadle, Crisp, O'Ferrall. NUTE. NOT VOTING-179. Mr. KERR, of Iowa. (after~ pause). I ask unanimous consent that Abbott, Candler, Ga. Dockery, Hemphill, the Honse now take a recess until this evening at 8 o'clock. Alderson, Carlton, Dorsey, Henderson; N. C. .Mr. MORRILL. I desire to ask a parliamentary question. If we Allen, Miss. Carter, Dunphy, Herbert, now take a recess nntil 8 o'clock this evening, will it be necessary that Anderson, M.its, Caruth, Edmunds, Hill, Bankhead, Caswell, Elliott, Holman, a quorum should nppear before we can proc~d with the trans:iction of -·- Barnes, Catchings, Ellis, Hooker, business? Barwig, Chipman, Enloe, Kerr. Pa. The SPEAKER. The presumption would be that a quorum would Biggs, Clancy, Ewart, Ketcham, Blanchard, Clarke, Ala. Finley, Kilgore, be present. By unanimous consent proGeedings under the call can be Bland, Clements, Fitch, Ko a pp, dispensed with, and the House can take its recess now, instead of at 5 Blount, Clunie, Fithian, Lfl.ue, Boatner, Cobb, Flood, Lanham, o'clock. Breckinridge, Connell, Flower, Lansing, Mr. KERR, of Iowa. Then I ask unanimous consent for that pur- Brickner, Cooper, Ind. Fornum, Lawler, pose. Brookshire, Cooper, Ohio Forney, Lee, Lester, Ga. The SPEAKER. Is there objection? Brown.J.B. Cothran. Fowler, 1 Browne, T. M. Covert, Frank, J.... ester, Va. Mr. 0 FERRALL. No objection. [Laughter.] . Browne, Va. Cowles, Geissenhainer, Lewis, There being no objection, the House (at 4 o'clock nud -45 minutes Brunner, Crain. Gibson, Mazner, p. m.} took a recess until 8 o'clock p. m. Buchanan, Va. CuJbereon, Tex. Goodnight, Maish, Buckalew, Cummings, Grimes, l\Iansur, Bullock, DargRD, Hare, Martin, Ind. Bunn, Davidson, Hatch, Ha.rtiu, Tex. EVENING SESSION. Butterworth, De Haven, Bayes, McAdoo, The :recess having expired, the House reassembled at 8 o'clock p. Bynum, Dibble. Haynes, McCarthy, m., Campbell, Dlc'!cereon, Heard, McClammy, Iand was called ro order by Mr. PERKINS, as Speaker pro tempore.

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The Clerk read the following: The report (by Mr. BELKNAP) is as follows: HOUSE OF REPRESE.XTA.TIVES, &ptembcr 19, 1890. The Committee on Invalid Pensions, to whom was referred the bill (S. 2238) l\Ir. PERKINS, of Kansas, is hereby appointed Speaker pro tempore for this granting a. pension to Elizabeth Rumsey, submit the following report, recom­ evening's session. mending the adoption of the Senate report, which is as follows: T. B. REED, Speaker. "The Committee on Pensions, to wb.om was referred the iJill (S. 2238) granting a pension to Elizabeth Rnmsey, late volunteer army nurse, have examined the ORDER OF BUSINESS. same and report: Mr. MORRILL. I ask unanimous consent that, as the first business ••That from the evidence on file before this committee it appears that the claimant entered upon her dnties as an army nuri.e at tne general hospital at of the evening, we take up in the House and dispose of the Senate pen­ Jeffersonville, Ind., upon April 14, 1864, and served in such capacity until J6Jy sion bills on th'e Calendar, about thirty in n,,nmber. 22, 1865. after the close of the war, when she was honorably discharged there­ Mr. HERMANN. Does the gentleman from Kansas propose to take from. " Her services are certified by Surgeons Banks and Goldsmith, of the Army, -.. up all the Senate pension bills upon the Calendar in their order? and also by witnesess l\Iiller, Bryan, and Schermerhorn, who were in said sen•• .Mr. MORRILL. That is my proposition; that they be taken up ice with her. She is certified to have been a faithful, diliizent, and efficient nurse and disposed of in the House. of the sick and wounded soldiers in hospital. The evidence also shows that she ·' .. is now seventy yea.rs of age, that she is in needy circumstances, ha.vinit no The SPEAKER pro tempore. Is there objection to the proposition · means of support except her own labor, which she is less and less able to do. of the gentleman from Kansas [Mr. MORRILL] that the Committee of "We think that this is a.meritorious claim for relief, and we therefore recom­ the Whole on the Private Calendar be discharged from the farther mend the passage of the bill." considerµ.tion of Senate pension bills now on the Calendar, and that the The bill was ordered to a third reading; and it was accordingly read House proceed at this time to consider those bills in their order? The the third time~ and passed. Chair bears no objection, and it is so ordered. JOIIN W. BE~~ETT. ANDREW HOPPER. The next Senate bil1 on the Private Calendar was the bill (S. 3538) r. The first business on the Private Calendar was the bill (S. 3342) grant­ granting a pension to John ,V. Bennett. ing a pension to Andrew Hopper. The bill was read, as follows: The bill was read, as follows: Be it 1macted, etc., That the Secretary of the Interior be, and he is hereby, au­ Be it enacted, etc., That the Secretary of the Interior be, and he is be1·eby, au­ thorized and directed to place on the pension-roll, subject to the provisions and thorized nnd directed to place on the pension-roll, subject to the provisions ~nd limitations of the pension laws, the name of John W. Bennett, lute an acting en­ limitations of the pension laws, the name of .Andrew Hopper, late second heu­ sign in the Uniled States Navy. lenantin the Hutchinson Guards, 1\Iinnesota. State Militia. The report (by Mr: CRAIG) is as follows: The report (by Mr. FLICK) is as follows: . The Committee on Invalid Pensions, to whom wa.s re(erred the bill (S. 3538} The Committee on Invalid Pensions, to whom was referred the bill (S. 3842) granting a pension to Jobn ,V, Bennett, submit the followmg report: granting a. pension to Andrew Hopper, submit the following report: The facts in the case are set forth in the report of the Senate Committee on Yourcommitte adoptthe report of the Senate committee, which is as follows: Pensions, as follows: "The claimant, .Andrew Hopper, was a second lieutenant in the Hutchinson "This is a. bill to place upon the pension-roll the name or John W. Bennett, Guards, Mlnnesota:State Militia. On the 3d of September, 1862, orthcrea.bouts, late an ensign in the United States Navy. wa.~ at .Acton, l\Iinn., in a. battle with the Indians in which his company wa.~ en· "The record of the NaYy Department shows that he appointed an acting gaaed he was severely injured in the back by his horse falling upon him, so ensign January 12, 1863, and ordered to command the Violet, and served on the th:t h~ was ordered back to Rutchinson to warn the inhabitants t.hat the In­ Miami. His appointment was revoked Ma1·ch 4, 1864. 'he ha·ving been con· dians were approaching, which he did. He was, however, unfit for further demned by medical survey in consequence of disa.bililies of a permanent char· service, and was discharged on account of the disabilities incurred as above acter.' Ile was again appointed an ensign 1\Iay 17, 1864, and ordered to the stated. He applied to the Pension Burean fora. pension under the general law, Chimo; detached June 13, 1864, and ordered to the Fort Donelson: detached but his application was rejected upon the g1·ound that the Hutchinson Guards from the Republic June 26, 186.5; granted leave of abosence prior to honorable was n. State organization, and that therefore the case was not cognizable under discharge, and honorably discharged September 15, 186.5. the general law. "Prior to his regular appointment in the Navy he was in command of the U. "The chain of evidence is complete to establish the incurrence of the disa­ S. ~.Cossa.ck and also of the North S tate, both doing transport duty. bilities alleged in the Jine of duty, and t·he fact that the organization of which ••.As to the quality of his service, Rear-Admiral Thomas S. Phelps makes the he was a member was a State organization is the only fact that precludes his following statement: beinrr pensioned under the ~eueral law. The claimant is now eighty.four years "".rhis is to certify that while I was senior officer in the waters of North Car­ of r:i.ge and in indigent circumstances, and your collimittee recommend the olina in l 'i65, Oapt John C. Bennett commanded one of· the vessels ot the force passage of the bill which is rep01·ted herewith." under me, and it is very gratifying to testify to the able manner in which he commanded his steamer, the good judgment displayed on important service, .: 'l'he bill was ordered to a third reading; and it was accordingly read and to his ready, cheerful, faithful, and intelligent obedienc'C to and execution of all orders received, and it was with sincere regret I was finiilly compelled the third time, and passed. to part with him when, at the close of the was, he was ordered South to be FRAKK D. WORCESTER. mustered out of the service.' .. Captain Bennett applied for a pension, alleging rheumatism on account of The next business on the Private Calendar was the bill (S. 400) grant­ exposure, and deafness from concussion, caused by firing on board the moni­ ing a pension to Frank D. Worcester. tors. The Pension Office disallowed his claim on the ground that he could not show that his disabilities were incurred in the s€l'vice. The examining sur­ The bill was read, as follows: geon's certificate reports rheumatism and deafness, for which he is rated ten­ Be it enacted, etc., That the Secretary of the Int.erior be, o.nd he hereby is, au­ tenths. thorized and directed to place on the pensioa-roll, subject to the provisions and "During a portion of his ser,·ice he was not enlisted in the Navy, nor was he limitations of the pension laws, the name of Frank D. Worcester, late a mem­ an appointee, but his duties were severe, dangerous, and well ... erformed. He ber of Company B, First Maine Battery of Heavy Artillery. was honorably discharged for disability of a. perm&nent character. and his in­ firmities ca.me upon him while in these\'ice. He is an old man, without means; The report (by Mr. FLICK) is as follows: he has a record that any one might envy, and he is very much in need of relief. The Committee ~m Invalid Pensions, to whom Wll.3 referred the bill (S. !00) "General Burnside certifies in the strong-est t.P.rms to his skill and bra.very grantinl't' a pension to Frank D. \Vorce:ste1·. submit the following report: while in command of the Cossack, and says •he won for himself my en lire re­ 'Ve adopt the report of the Senate committ.ee, which is as follows: spect and confidence. He participated personally in the battles of R-0anoke "The Committee on Pensions.to whom was refnred the bill (S. 400) granting a and )l"ew Berne.' pension to Frank D \Vorcester, have-examined the same and report: "The bill is reported favorably. with a recommendalion that it do pass." "This case, which the committee regard as one of exceptional merit, was c..ln· Your committbe like wise recommend th~ passage of the bill. side red and approved in their report ma.de December 13, 18&!. This report, with its recommendation, is hereby affirmed, as follows: Mr. KILGORE. Mr. Speaker, I rather think it would be more busi­ "'This case, which is quite voluminous, may be briefly stated as one in which ness-like to have the report~ read in these cases. diRcharge 1rom the service occurred on account of insanity, which was alleged The SPEAKER pro tempore. Does the gentleman call for the read­ in the medical certificate to have had existence before enlistment, and which was rejected at the Pension Bureau on that ground. It inv Jives a mass oftes­ ing of the report·in this case? timon:ydisproportionate to the settlement of the single point in question, and Mr. KILGORE. No; but in future I think they should be read. ,..... which it would be useless to abstract in this report. The bill was ordered to a third reading; and being read the third "'There is some evidence, but not of a. high grade, which fixes upon the sol­ dier before enlistment some eccentricities, but no a.berra.tion!1; while the bulk time, was passed. of' testimony, Including that of the family physician, member'4 of the arnily, FREDERICK H. MACKE. 1md old neighbors, shows that the soldier, while not over-bright in scholarly respects, was an bbnest, faithful boy. and, as many expressed it, "the ma.in- The next Senate bill oa the Private Calendar was the bill (S. 768) 8tay of the family, so far as work was coucerned." The committee, in estimat­ granting a pension to Frederick H. Macke. ing the value of such te!ltimony as is conflicting, pay p1·oper respect to charac­ The bill is as follows: ter in giving the soldier the benefit of any doubt. "'The soldier came out of tbe service inea.ne and has for many years been Be it enacted, etc., That the Secretary of the InLerioi· be, and he is hereby, au­ confined in an ll.~ylum as an incurable. Ifhe had in him theclementsofinsan­ thorized and directed to place on the pension-roll, subject to lhe provisions and ity before enlistment they were la.tent, and were first developed afterward in limitations of the pension laws, the name of Frederick H. Macke, late of Com· the service and have con1rolled him since. pany .A (battery), Second Regiment Kansas State l\Iilitia. '''The committee report favorably upon the bilJ, and recommend it for pas­ The report (by Mt. MORRILL) was read, as follows: sage.'" f .. The Committee on Invalid Pensions, to whom was referred the bill (S. 768) The bill was ordered to a third reading; and it was a,ccordingly rea1ey, late Yolunteer waa not a.n enlist.ed man in the service of the United States at the time RJ"my nurse, and pay her a pension at the rate of Sl2 per month. the alleged rapture of right side wa~ received, but a member of' the State ,.: .. . ·~ - ~... , . , . .' . ' , -· . -.

. ' 10246 CONGRESSIONAL RECORD-HOUSE. SEPTEl\IBER 19'

militia, and the claim was not presented and prosecuted to 8 successful issue "The widow claimant swears that she received at her home by A.dams Ex­ prior to July 4, 1874, as provided in section 4693, Revised Statutes. Henry A. press, from Sister Mary Vincent, the clolhes and watch of her son and $100 in Macke, J-0hn S. Brauer, John A. Polley, and James S. Anderson, comrades. money, as his property, left by his death in the hands of those who sent them swear to incurrence of disability as alleged by claimant. Prior soundness and to her, Two neighbors of the widow claimant, Ellen Mnrphy nnd Julia. Pratt, continuance are well established. and the board of examiners at Emporia., Kans., swear that the facts given in her statement as proof of the death of her son under date of November 8, 1886, gave him a. specific rating for the disability Cornelius are known to both of them and are true; that the)" saw the articles caused by rupture of left side. With amendments correcting his service, we mentioned as belonging to her said son when they were delivere4 by the Adams recommend the passage of the bill. Express to l\Irs. Courtney. All which makes the assumption reasonable tAat the widow's boy died, and under circumstances which entitle her to a pension . . 'rhe bill was ordered to a third reading; and being read the third "The bill is reported favorably and recommended for passage.'' tupe, was passed. JAMES ~LL.~. . The bill was ordered to a third reading; and being read the third time, was passed. The next Senate bill on the Private Calendar was the bill (S. 754) -· LAURA. J. n-Efl. granting a pension to James Malin. The bill is as follows: The next Senate bill on the Private Calendar was the bill (S. 577) Be it enacted, etc., Thatthe Secretary of the Interior be,.and he is hereby, au· . granting a pension to Laura J. Ives. thorized and directed to place on the pension-roll, subject to the provisions and The· bill is as follows: limitations of the pension laws, the name of James Malin, late priYate in Cap­ tain Roundtree's provisional militia of Missouri. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ thorized sod directed to place on the pension·rol l, subject to the provisions and The report (by .l\Ir. MORRILL) was read, as follows: limitations of the pension Jaws, the name of Laura. J. Ives, step-mother of .. The Commi~tee on Invalid Pensions, to whom was referred the bill (S. 754) George E. Ives, late second lieutenant of Cvmpany E, First Regiment of Iowa. granting a pension to James .Malin, submit the following report: Ca>alry Volunteers. That the facts in this case are clearly set forth by the Senate report, which is The xeport (by l\fr. FLICK) was read, as follows: aHopted by your committee. The Senate report is as follows: "J~mes Malin, the claimant under this bill, made application for a pension, The Commit~c on Invalid Pensions, to whom was referred the bill (S. 577) allegmg in his declaration that after serving as a. private in. Colonel Phelps's granting a pension to Laura J. Ives, submit the following report: Sixth Missouri Infantry and an honorable discharge he re-enlisted in the pro­ Your committee adopt the report of the Senate committee, as follows: ·.· visional militia of Missouri for the prntection of the city of Springfield, in that "The Committee on Pensions, to whom was referred the bill granting a pen­ State; that while in sa.id service, and while repelling an attack of the Confed­ sion to Laura J. lves, have examined the same and report: erate forces nnder General Marmaduke, he was severely wounded in the neck, "The committee repeat and a.ffirm the statement and recommendation em­ the ball entering the left side of face and coming out of the b&ek of the neck, bodied in their .report of June 5, l8S8, upon a. bill identical with that unde1• con­ passing so near the spinal column as to produce partial paralysis and uervous­ sideration, and call special attention to the representations therein ma.de by nes'S to such an extent that he has been entirely disabled from earning his sub- the venerable James Harlan, of Iowa. sistence by manual labor on account of the sa.me. · "The late Lieut. George E. Ives, of Company E, First Iowa Cavalry, was pen­ "On l\Iarch 12, 1885, the Comm.issioqer of Pensions rejected the claim on the sioned for chronic diarrhea and paralysis, at $25 per month, from November l, ground' that when wounded, as alleged, claimant was not in the military serv­ 1867; at $50 from June 4, 1874: and at ..,.72 from June 17, 1878, to his death, Sep­ ice of the United States, but belonged t-0 8. State organization, disabiHties in­ tember 23, 1&13. curred in which were (and are) not pensionable under the general law.' "The amounls of his pension, being those ellowed under different acts for "The incurrence as alleged is shown. 'l'he claimant is now an inmate of the total helplessness, show what is confirmed by the evidence in the ca.se and be­ fore the committee, that for &eventeen years afte1· his discharge and until his soldiers' home at Leavenworth1 Kans.• and is a. constant sufferer. Prior to his enlistment he was able to make good wages at bis trade, he being a master death he required the constant care and services of an attendant. This at• tendant was Laura. J. Ives bis step-mother, who married his fatht-r when the carpenter. He is unable to support himself, and prays Congress for relief. 1 child Wl\S an infant, and wno was the only mothe1· he ever knew. The care be· " '~ e recommend t.he passage of the bill." stowed by his step-mother upon this helpless soldier was, by the concurrent Tbe bill was ordered to a third reading; and being read the third testimony ot the representative men of all classes of the community in which time, was passed. they Ii ved, almost unexa.mp!ed for its patient, self-sacrificing devotion. With limited: means, her life for seventeen years was given to the invalid son, the ELLEN COURTNEY. sole legacy bequeathed by her dying husband. "From the ma!'s of teslimony presented in behalf of the bill the committee The next Senate bill on the Private Calendar was the' bill (S. 179). embody in this report the statement and appeal of the venerable James Har­ granting a. pension to .Ellen Courtney. lan, late member of this Senate from Iowa, the friend and neighbor of the de­ The bill is as follows: ceased soldier and of the claimant: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby au­ "' Mol::"XT Pr,EA,'!!ANT, IowA, May 14, 1888. .,. thorized and directed to place on the pension-roll, subject to the provisions'and "' DEAn Sm: I n.m informed that 1\Ir3. Laura. J_ Ives, step-mother of the late . limitations of the pension laws, the name of Ellen Courtney, mother of Corne­ Lieut. George E. lves, deceased, is about t-0 send her petition to Congress, pray­ lius Courtney, Company M, Fifth Ohio Cavalry. ing for a pension on account of the services of her late step-son in the Union Army during the recent war of the rebellion, on whom she was dependentfor The report (by Mr. FLICK) was read, as follows: pecuniary support. No DlJ)re meritorious case could be p ossible. Had she been The Committee on Invalid Pensions, to whom was referred the bill (S.179) his mother by the ties of consanguinity instead of affinity, there would be no granting a pension to Ellen Courtney, submit the following report: question of her right to draw a pension under t.he provisions of existing law. Your committee adopt the report of the Senate committee, which is as fol­ She is in every respect equitably entitled to it. In this community, where she lows: lives, this would be the universal verdict. From the early childhood of this "The Committee on Pensions, to whom was referred the bill (S.179) granting step-son she has performed for him all the office.~ of an affectionate and most a pension to Ellen Courtney, have examined the same and report: devoted mother up to the day of his death, including a period of about seven­ "A bill identical in purport to Lhat under consideration, and sustained by the teen years of helplessness from paralysis, r~~lting from his military service. same proof as that now laid before the committee, was reported upon favorably If the members of the Senate and House could know the facts as they are by the committee April 3, 1888. A re\•iew of the case confirms the committee known here to this community there would not be one vote in either branch in the favorable view then tRken, and induces them to reproduce such report against her bill. in support of the present bill, as follows: "'With great respect, your obedient servant, "Application was made in February, 1879, for a pension to the beneflciary '"JAFI. IIARLA.N. named in the bill as indigent and dependent mother of Cornelius Courtney late '"Hon. JAS. F. Wn,sox, private in Company M, Fifth Regiment Ohio Cavalry Volunteers. He enlisted " • Unlted Slates Senale.' on the 15th December. 1861, and was discharged April 9, 1863, for 'total disabil­ "The committee cordially approve the bill and recommend Hs passage.'' ity, occasioned by tuberculosis of lungs, and mesenterica left by chronic dys­ ...... ,,.': entery of four months' standing, with general nervous weakness, all occurring The bill was ordered ro a third reading; and being read the third in the service.' He was discharged at Bolivar, Tenn., and left that place for time, was passed. Cinc>innatl, desiring to be addressed there; and,. as alleged, entered St. John's JOH~ r.IORGAK. Hospital, where he died. "The proof is positive of the widowhood and dependence of the mother on The next Senate bill on the Private Calendar was the bill (S. 1706) the son before his death, of his celibacy, and of the mother's indigence since his death. The case has been pending nine years, lacking direct evidence of granting a pension to John Morgan. his death at the hospital in Cincinnati. This evidence is not to be obtained. for The bill is as follows: the re_ason stated in a _letter from a Sister of. Charity, dated February 22, 1886: Be it e1wctecl, elc., That the Secretary of the Interior be, and he is hereby, au­ ••'):ours of the 14th instant to hand regsrdmg the death of Cornelius Court­ thorized and directed to place on the pension-roll, subject to the provisions and ney. We regret very mucll not being able to ~ive you the desired record of lim.ilations of t 11 e pension laws, the name of John 1\Iorgan, late a private in his death. Tl.le record of the hospital at that time wa.~ taken by one of the doc­ tors to Washington to aid them in writing a history of the late war.- They Company B, One hundred and seventh Regiment of New York Volunteers. failed to return it. and now it can not be found. * • * Sister Vincent still WYER) lives, and remembers the name, but not the date of his admission or death.• The report (by Mr. SA was i·ead, as follows: w~~te~~ register of vital statistics of Cincinnati, under date of .March 23, 18&5, The Committee on Invalid Pensions, to whom was referred the bill (S. 1706) granting a. pension to John l\lorgan, submit the following report: .. . " •Your letter of l\larch 10 to city clerk was referred to me. The death regis­ The beneficiary was a private in Company B, One hundred and seventh New - ; ter of Cincinnati only extends back to November, 186:>, which is two years later YorkVoltmteers. than tlie date you inquire after.' It is shown by the evidence and by the certificates of examining surgeons "80 it appears that (no death record having been kept in Cincinnati at the that a.t Maryland Heig hts, while in the line of duty, be received an injury by the time of the soldier's death, the hospital records having been removed and lost crushing of his leg and a cut with an ax, disabling him and unfitting him for the circumstantial evidence on file having been disregarded, and the inferenc~ manual labor. and that such disability continues. given that no other than record evidence would be received) it has been simply Your committee therefore recommend that the bill pass. impossible for the claimant to procure the evidence required by the Pension The bill was ordered to a third reading; and being read the third Office to sustain the claim. In that light, the repeated intimation from the Pen­ sion Office to the claimant that her 'allegation that he (her son) died after his time, was passed. · discharge at ~t. Johi;i's Hospital, at Cincinnati, Ohio, is not sustained by the IRA JUANLEY. records of siud hospital,' has become monotonously fatal to the claim of this indigent mother. The ne~t Senate bill on the Private Calendar was the bill (S. 1705) "There is, however, in the files of the case satisfactory circumstc.ntial evi­ granting a pension to Ira Uanley. dence of the soldier's death, which justifies the committee in asaumin"" that fact and in reporting fl\vorably on the bill. His certificate of discharge ~hows The bill was read, as follows: that he left Tennessee for Cincinnati, intending to remain there, low with con­ Be i' enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ sumption, dysentery, and general nervous weakness. thorized and directed to place on the pension-roll, subject to the provisions and "Sist~r Vincent. of St. John's Hospital, Cincinnati, remembers the name of limitations of the pension laws, the name of Ira Manley, late an assistantsm:­ the patient Courtney, though not the time of his admission or death. geon of the First Wisconsin Hes\-y Artillery.

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- l"". : • t.' l ----r. ~--- - ·- - . ·'- . .... , ..-.. .,., .. . .· .· ...... ·- • r 1890. CONGRESSIONAL .RECORD-HOUSE. ·10247

The Yeport (by Mr. SAWYER) was read, as follows: The SPEAKER pro tcmpo1·e. This is a question for the House to The Committee on Invalid Pensions, to whom was referred the bill (S. li05) settle. granting a pension to Ira 1\IanJey, submit the following report: 1\lr. KILGORE. I can settle it as far as to-night is concerned, be· The evidence clearly shows that the claimant was commissioned assistant surgeon of the First Wisconsin Heavy Artillei·y, September 13, 1864, but for the cause if there is no quorum, as they tell me, in the committee to take ac· reason that there was no va~ncy in said regiment he was not mustered in as tion upon this bill, and they can notreport eithe:r favorably or adversely assistant surgeon until November, 1864. upon it, there is certainly no quorum in the House to pass any of them. That the claimant report~d at Ca.mp Randall, l\Iadi.son, Wis., in October, 1864, and was assigned t-0 duty with the sick at said ca.mp by the surgeon in charge. Now, if this committee can not make a report in a. meritorious case, oi the Committee on Invalid Pensions, that very much business is done in the House without a quorum. The stated: question is on the third reading of the biU. Witbontobjection1 the bill "I believe1the claim to be a proper one in all respects for eq•1it.a.ble relief will be considered as read the third time. through the medium of yom· honorable body." Your committee therefore recommend the passage of the bill. Mr. KILGORE. I object, Mr. Speaker. l\fr. WILLIAMS, of Ohio. I will suggest to the gentleman to use The bill was ordered to a third reading; and being read the third 1 a classic expression, not to make a row t-0-nigbt, and we will see what . time, was passed. can be done for him hereafter. JAMES B. GUTHRIE. Mr. KILGORE. Well, there will only be one other pension night Mr. ENLOE. Mr. Speaker, I now have in my hand the bill which now during thissession. I desire to ask unanimous consent to take up and consirler at this time. The SPEAKER pro te1npore. Perhaps the gentleman from Tennes­ The SPEAKER pro tempo >'e. The bill will be read; after which the see [Mr. ENLOE] will withdraw the bill for the present. Chair will ask for objection. Mr. LACEY. I suggest to the gentleman from Texas [Mr. KILGORE] The bill w ,:.s read, as follows: that we can call np his bill and discharge the committee from further Be i t enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ consideration of it and dispose of it to-night. thorized and directed to pince on the pension-roll the name of James B. Guth­ .· rie, of Pa.ris, Henry County, Tennessee, late a private

1 • ; r •

... ( - I,._'" ;. .... ' I ... 10248 CONGRESSIONAL RECORD-HOUSE: ·: SEPTEMBER 19,

"The evidenc~ in the case submitted to the committee shows that by reason position; in doing so, in the haste and excitement of the moment his hand of his service in the Army the soldier, Elmendorf, became and now is totally slipped pnst the pulley and was drawn into the fly-wheel, :mdhis arm was torn dear in one ea1· and partially deaf in the other; that he hBS suffered also by oit at the elbow. reason of such service the etfccL~ from varicose veins to sucb an exlent that he "The witnesses to the occurrence all state that I.be accident was not occa.· is a portion of the time confined to his room, and when he is,able to be out he sioned by any fault or negligence on the part of the claimant, and that the act is obligl d to m~e crutches or canes to enable him to walk. His rlisability is o . throwmg off the belt was not a hazardous one under ordinary circumstances, clearly such as to entiLle him to alarge1· pension than he is receiving, and by and could have bt'en easily done without accident if it bad not been for lhe the evidence it is shown that bis disability is nearly total. disabilit-y of the left arm and shoulder, and that, in their opinion, tbe loss of "The bill provides for an increase of his pension to ~:M per month. Your the right a.rm resulted from t!J.e disabled condiLion of the left arm and shoulcl.er, committee recommend that the bill do pass." which is the disability occasioned by the wound for which he is at present pen- sioned. · The bill was ordered to a third reading; and was accordingly rcarl the •·This opinion is corroborated by f'everal others, among them the surgeon third time, and passed. who amputated the soldier's right arm. "It appears clearly from the further proofs that tbe soldier is in such helpless ~RS. .ANN A S. TAYLOR. condition as to require the regular aid and attendance of another person; t.hat The next Senate bill on the Private Calendar was the hill (S. 2216) he can neither dress nor undress himself, and that he has to be fed. One could scarcely be in a more helpless and disabled condition." granting a pension to Mrs. Anna S. Taylor. Tbe committee recommend that s.'\id bill be amended by striking out the The bill was read, as follows: words" seventy-two" in the sixth line of said bill and insert in lieu thereof the Be, it enacted, 3, to ll!ay 31, 1864, and as first lieutenant from May 31, limitations of the pension laws, the name of Mary E. Crimmins, widow of 1865, to September 30, 1867. · Patrick Crimmins, late a machinist's helper in the United States Navy, in ser,r­ The records of the \VM Department show that he bad no disability prior to ice at the naval torpedo station, Goat Island, Rhode Island. Febnll\ry, 1863, when the surgeon, upon examination, found him suffering from angina pectoris of several years' duration, from which he had so recovered ns The report (by Mr. HILL) was read, as follows: not to be affected until after the battle of Stone River, when great e.xciiement The Committee on Pensions, to whom was referred the bill (S. l.23'i) granting and exposure caused a return in a very violent form. Said disease originated a pension to l\Iary E. Crimmins, ha.Ye considered the same, and report that said from au attack of lung disease contracted prior to enlistment. The records also bill is accompanied by Senate Report No. 229, which, after careful consideration, show that soldier suffered from an organic disease of heart, pneumonia, and is adopted by your committee as their report. · d1seae placed upon the pension-roll on TIEPORT. tbe ground of her husband's long and faithful service, and for the reason that The claimant, 1\Iary E. Crimmins, is the widow of Patrick Crimmins, late a tbe disabilities from whicb he died were contracted in the service and in the machinist's helper in the United States NaYy, in service at the naval torpedo line of his military duty, at the battle of Stone River, December 31, 1S6!!, and station, Goat island, Rhode Island. No claim in this case was ever made to the because the widow is now in incligent circumstances. Pension Office, RS it could not be considered under the general laws. The fol­ The medical testimony in the case shows that soldier's death was caused by lowing communications which are appended will show tbe main facts upon double catarrhal pneumonia, but it is not shown by record or other evidence which the claim is based. tlint that identical disability exi!1t.ed prior to soldier's enlistme11t into theser\"ice. Your committee recommend the passage of the biil. The facts warrant favorable action, and your committee therefore recommend (For precedents see chapter 422, Forty-seventh Congres , first session, l\Iartha ihe passage of the bill. .A . .Jones; chapter 418, Elizabeth Leebrick; chapter 411, .\.mos Chapman; chap­ The bill was ordered to a third reading; and was accordingly read the ter 368, DaYid T. Stephenson; chapter 324, Mary 'Vade.) third time, and passed. STATE OI<' RHODE lsLA:S-D, County of JYetrporf, ss: w·ILLI.A.l\I '\Y. BLIS$. OFFICE CLERK SUPRElIE Cou nT. Tile ne.x:t Senate bill on the Private Calendar was the bill (S. 1059) .James G. Toplmm, being sworu, says: "My residence is No. 9 North Baptist granting an increase of pension to William W. Bliss. street, Newport, R. I. I am no,Y, and was in 1874, one of the coroners in this city. On the 22d day of February, 1874, a.s such coroner, I held an inquest upon 'Ibe bill was read, as follows: the body of Patrick Crimmins at the torpedo works, on Goat Island, in this Be it enacted, etc., That tbe Secretary of the Interior be, and be is hereby, au­ city. After hearing the evidence, the verdict of the jury was that the body was thorized and directed to place on the pension-roll the name of William W. Bliss, that of Patrick Crimmins, and that he came to his death by suffocaLion, while late a first lieutenant of Company G, Forty-ninth Illinois Volunteers, at the rate in the line of duty nnd serYice of the United States, in the gas-room. l am dis­ of$72 per month, in lieu of ~he pension he is now receiving, subject to the pro· interested. Yisions and limitations of the pension laws. "JAMES G. TOPHAM, Corone1-." Subscribed and sworn to before me the 18th day of .April, 1884, and I hereby The report (by Mr. LANE) is as follows: certify the affiant to be credible and well known to me as the officer he repre­ The Committee on Invalid Pensions, to whom was referred the bill C. 1059) sents himself to be, and that I am every way di!!interested. granting 11 peh'lion to 'Villiam W. Bliss, submit the following report: [SEAL.] THOS. W. WOOD, Clerl;;. The committee, in the consideration of this case, adopt the report of thecom­ mitt-ee of the Senate made in this case Bil their report, except as to the amount, which report is in the words and figures as follows: U:nTED STATEti Tn.A.CTI:X G-SHIL' Nrnv HA:U.P5HIRE (first rate), •• Tbe c ommittee on Pension~. to whom was referred the bill granting an in­ Neu·porl, R. L, A11ril 12, 1884. cTense of pension to William \V. Bliss, late a. first lieutenant of Company G, I hereby certify that the late Patrick Crimmins was employed at the torpedo Forty-ninth Regiment Illinois Volunteers, at the rate of$72 per month, in lieu statiC>n, Goat Island, Newport Harbor, unt~er or being killed through ti on on Goat Island, New1l0rt, R. I., in the winter of 1873-'74, the date forgotten, an accident occurring to the machinery,and this claimant, in the hurry nf the the torpedo station then being under my command, lost bis life while in the occa.

""'~.. . I I ' ' ~· ... ·' >"'" I • "" '- 1890. CONGRE.SSIONAL RECORD-HOUSE. 10249 fore the usual time for the workmen's boat to leave the island, running toward The report (by Mr. NUTE) was read, as follows: the vault, and that be had not again been seen alive. It was concluded that, having been detained i~ some way beyond bis usual The Committee on Invalid Pensions, to whom was refened the bill (K 1154) time for visiting the vault, be was obliged to run m order not to miss bis boat; to increase the pension of James Johnston, submit the following report: that having fous exhausted his b1·eatli before entering the ,·auJt., he bad taken The facts in the case appear in the report of the Senate Committee on Pensions, deep respirations, drawing in so much of the gRsoline fumes as to overcome which is as follows: and finally to suffocate him. He was an excellent, quiet, sober, and industri­ "This bill was passed by the Senate at the last session of Cong1·ess, and was ous man, whom I bad known for several years. He was put in charge of the favorably reported to the House. The former report is adopted, and is as fol­ vault through confidence in his intelligence, and it was not deemed that there lows: was any danger in entering into it, nor, indeed, was there, except for the mo­ "The claimant in this case was first sergeant in Company C, Fifteenth Maine .· mentary condition in whicb be doubtless was. Volunteers. He enlisted November 18, 1861, and received his final dischnrge Very respectfully, JuJy a, 1866, He made application for pension April 16, 1877, which was disal­ EDWARD P. LULL, lowed. A. special act of Uongres!.'I, approved March 3, 1877, provided that his Captain, United States Nav11. name should be placed upon the pension-roll, ''iffound disabled by reason of discnse of the eye , and chills and fever." Following thil! be was pensioned at The bill wos ordered to a third reading; and was accordingly read the low ratingof $4 a month, which he isreceivingat the pres.- nt time, He bas a. cln.im for additional pension under the general Jaw pending, resulting from the third time, and passed. malarial poisoning. 'l'he small pension he is receiving is for disease of eyes, resulting from sun-.stroke. It is not adequate t-0 the di~ability to which it ls CLARA H. lU'INTIRE. applied; but the claimant filed his declare.lion for increase on the ground of ma· larial poisoning, resulting from fever and ague. On this point the committee The next Seuat-e bill on the Primte Calendar was the bill (S. 3448) find that the testimony is direct and ample. Dr. Bussey, late assistant surgeon granting a pension to Clam H. Mcintire. of the Nineteenth Maine Volunteers, testified in support of his claim that on The bill was read, as follows: December I, 1877, he amputated the leg of Johnston. "'The injury that rendered the amputation necessary was a slight cut near Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ the knee-joint. which ought to, and on a. healthy ma.n would, have healed read­ thorized and directed to place on the pension-roll, subject to the provisions and ily, but bis system was depraved by malarial disease contracted while in the limitations of the pension laws, the name of Clara. H. Mel ntire, dependent s•ep• United States service, and I have no doubt the condition of his system was in• mother of Oren Mel ntire, late a. private in Company H, Eighteenth Regiment of dnced by the hardsh!p and exposure incident to his army life in a. Southern • Iassacb uselta Volunteers. climate.' "Ho also testifies to treating Johnston for fever and ague and disease of his The report (by Mr. MORRILL) was read, as follows: eyes in the autumn or 1871. The Commiltee on Invalid Pensions, to whom was referred the bill (S. 344.8) "Joseph A. Clarke, the r..aptain of the company in which Johnston seryed, granting a pension to Clara. H. Mcintire, submit the following report: testified that he suftered greatly from fever and ague and chills at White Bridge, The Senate Committee on Pensions make the following report: S. C., and at Georgetown, S. C., in the summer of 1865; and in Cbt:ster, S. C., all "The claimant i5 an old 111.dy, eighty-four years of age, and fully sets forth in the time the company was stationed there, so that he was nnfl.t for duty the her statement, hereto attached, the ground upon which your committee base greater part of the time; and be further says, 'I hereby certify that these dis• their favorable action, Certain letters from the soldier, Owen Mclntire, wt:re eases were contracted while in the service nf the United States.' also placed 10 the pos~esslon or your committee, which show that the soldier "Dr. G. Z. Higgins, late surgeon of the regiment in which Johnston served. did provide for his parents as alleged. Your committee report the bill favora­ testifies that during the summer of 1865, at. Georgetown, S. C., h" was attacked bly o.ud recommend its passage." with intermittent lever and during the greater part of the summer was unfit for duty, and up tothe date of his discharge (July 5,1866) he was unfit tor any• thing but light duty; and he adds: 'I further certify, that in my opinion Bald To the honomble Senate and House of .Representatives soldier is et.ill (October 26, 1874) suft'.:ring from diseases contracted as above .... of lite U11itedb'tates of America in Congress assembled: stated, -and that he will ne,·er recover his health.' Respectfully represents Clara H.Mclntire,of Allston,county of Suffolk and "B. B. Murray, of Pembroke, commanding officer of the Fiftieth Maine Regi­ State of Massachusbtts, that she is eighty-fom· years of age; that because of her ment at the time it was mustered out, and who served with it from 1861to1866, great age and in61·mity she can not labor for her support; that sbe has no means testifies that be knew J ohuston well during all the time he was in.the service; .. of support except the contributions of friends not lt:~ally bound to support her; that he knew he was sick: at Georgetown, 8. C., in 1865, and ad:Js, 'as I under­ that her husband, Silas Mcintire, died in the month of April, 1888, aged eighty­ stand, from malarial causes; we lost many men in proportion to our number at eight years; that she was the second wife of said Silas Mcintire; that she was that point; I have no doubt bis sickness there had much to do with his subse­ married to him when his son, Oren Mcintire, was but five years of age; that she quent condition.' performed her duties of mother to said Oren Mcintire faithfully and zealously "This is a. sma.ll porlion of thetest.imony in support of his claim. It is suffi­ to the bes~ of her ability; that said Oren Mcintire wa.s a. member of .Company cient to connect his present helpless and suffering condition with diseases in­ B, of the Eighteenth Regiment or l\fossa.chusetts Volunteers in the war of the curred in the service. In the Pension Office his application is delayed for fur­ rebellion; that he enlisted on the 10th day of August, 1861; that he was killed ther testimony. In the opinion of the committee there is enough and it is con­ in the battle of Antietam, Maryland, in September, 1862; that by i·eason of age clusive. I ,_ and intirmity of herself and said husband they were p.i.rtially dependent upon "At the present time this man is an inmate of the Boldiers' Home at Togus, Me. said son for support previous to his said enlistment and while be was in the s.- rv­ Bis sight is impaired, be bas but one leg, he is utterly incapacitated for any em­ ice; that he fully recognized his duty to aid in their support both before and ployment whereby he Ciln produce any revenue, and his entire income is$( a aft.er his said enlistment, he having contributed a part of his earnings previous month, derived from his pension rating. He needs relief, and he needs it now. to enlistment for that purpose and having sent them several sums of money "In corroboration of this proof the examining surgeons say 'his muscular while in tbeA.rmy; thathewasnevermarried; that she can not procure a. pen­ system is tremulous,shaky-heis badly used up.' sion as e dol­ ice, and are not able to support their mother or to give her the comforts of which lars" in lieu of the words" twenty.five dollars," as the :unountof her pension, she stnnds in need. Mrs. Gudgell is now eighty-three ye11.rs of age; she has and that as a.mended it do pass. nothing whatever for her support save the little which het· two surviving sons can give her. Your committee think that she may be \Veil classed as a. depend­ ent parent. The bill provides for a pension of $12 a. month, and the committee STATE OF l\IICHIGA...'i, County of Macomb, ss: earnestly recommend that it do pass." In the matter of Helen A. Beebe, formerly Helen A. Stow. for a special act of Congress placing her on the rolls ae a United States pensioner, personally came The bill was ordered to a third reading; and it was accordingly read before me, a notary public in and for aforesaid county and State, Helen A. the third time, and passed. Beebe, a. citizen of the town of Richmond, county of Macomb, 8tate of Michi­ gan, well known to me to be reputable and entitled to credit, and who, being .TAl\IES JOHNSTON. dnly sworn. declares in relation to aforesaid case as follows: That I am the above-nawec.l petitioner for the purpose as above set forth. I The next Senate bill on the Private Calendar was the bill (S. 1154) would state that on or about the 22d day of December, A. D. 1863, I was ap­ to increase the pension of Jam es Johnston. pointed a nurse in the Medical Department, United States Army, and a«signed to duty ab McClellan Hospital, at Hampton, Va.., upon application of E.McClel· ·, The bill was read, as follows: Jen, sm"J?eon in charge; that I served as nurse from the said 2'ld day of Decem• Be it enacted, etc., That from and after the passag-e of this act the Secretary of ber, 1863, up to and inciuding the 31st da.y or l\Iay, A. D. 18&5, on which date I the Interior be, and he is hereby, authorized and directed to place on the pen- wa..s discharged from the United States service at United States General Hos­ sion-roll the name of James Johnston, late tlrst sergeant of ()ompany C, Fif-1 pih1l, Fort Monroe, Va., by E.McClellen, assistant surgeon, United States Army, t~enth Maine Volunteers, at the rate of $30 per month, in lieu of the present in charge of hospital. pension which be now recei>es. At the date of my appointment or enlistment as afores.'l.id I was a widow,and

..· ~ . ·... -...... ~ II;; .... ·.-· - ...... , I ,r .._ ."'. 10250 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19, : " . was a strong, healthy woman; that during my said service as nurse, and from she has reaa and carefully examined the affidavit of her said sister hereto ap­ the exposure incident to said occupation or service, my nervous system became pended; that she has personal. knowledge of the condition of health and differ­ shattered and greatly enfeebled, from which I have never recovered, and the ent stages of disease that finally resulted in the death of Commodore Marchand; result has been to greatly affect my general health. During a part of the term and also personal knowledge-of the statements contained in the annexed affi­ of said service I was assigned to the surgical ward, where the exciting scenes davit, and that she verily believes the same to be true. so excited my nervous system that I do not expect to ever regain my compos­ "ALICE P. TIIORSTON. ~- . ure or to get control of my broken-down nervous system, being at the time of my discharge grnatly enfeebled or shattered, which condition has continued "Sworn and subscribed this 15th dayof May, 1884~before me. and increased ever since, and the eftect on my general health has been to gen­ [SEAL.] "S.t'RIGG HARWOOD erally break it down, so that for some time I he.ye been unable lo care for "Clerl~ Cil'cuit Courtf:1: 1841, ordered to the Yan Buren; February il, 1843, detached and ordered to the

"That she is a sister of the within-named Margaret D. Marchand, and that· Brandywine; September 19, 1845,detached and granted lea;e; November 1311846.

·- . ' >· _. ( ", -: , . '. -·. ,.. .. 1890. CONGRESSIONAL .RECORD-HOUSE. ·10251.· ·..

ordered to the navy-yard, Philadelphia; November 13, 1846,detached and ordered Sworn to and subscribed before me this day by the above-named affiant; and to the Ohio; June 17, 1850,detachedfrom the St. Mary'sandi:ranted leave of ab­ I certify that I read said affidavit to said affiant, and acquainted him with its sence; August 17, 1850, ordered to the naval rendezvous at Philadelphia; March contents before he executed the same. I further certify that. I am in nowise in· 15, 1852, detached and ordered lo the Oumberland; July 2, 1855, detached and terested in said case, nor am I concerned in its prosecution; and that said affiant; granted three months' leave; September 14, 1855, promoted to collllllander; Oc­ is personally.known to me; that he is a.creditable person and so reputed in the '·"" tober 2.5, 1555, ordered to the Bureau of Construction, etc. ; Septem Qer 23, 1858, de­ communUy in which he resides. tached and prdered to command the Memphis; .!\lay 23, 1859,delached and granted Witness my hand and official seal th1s 13th day of June, 1890. leave; January 10, 1861, ordered as light-house inspector of the eleventh district; [SEAL.] · • .!\IYER COHEN, August 31,1861,detached and ordered to command the JamesAdgar; July 16,1862, Notary Public, Di.strict of Oolmnbia. promoted to captain; August H, 1862, detachedQ.nd wait orders; October 24, 1S62, ordered to comma.nd the Lackawanna; November 26, 1864, detached and wait orders; December 30, 1864, ordered to special duty with Rear-Admiral Gregory; Physician's affidavit. July 11, 1865, detached and ordered to the navy-yard, Philadelphia; July 25, DISTRICT OF COLUllIBIA, SS: 1866, promoted to commodore; August 31, 1866, detached and wait orders; No­ In the pension claim No. --of Morris Lewis alias Leavy, late of Company vember 27, 1866, ordered as member of the boa.rd of examiners; l\Iay 9, 1868, D, Eighteenth New York Cavalry. detached and ordered to ordnance duty at the navy-yard, Philadelphia: Au­ Personally. came before me, a notary public in and for the aforesaid District gust 1, 1868, detached and ordered to command the navy-ya.rd, Philadelphia; of Columbia, J. W. Bayne, l'tL D., a citizen of Washington, D. C., well known to August 27, 1870, placed on the retired0 list; Sept.ember 13, 1870, detached itnd wait me to be reputable and entitled to credit, and who, being duly sworn, declares orders. in relation to the aforesaid case as follows: He died at Carlisle, Pa.. on the 13th of April, 1875. That he is a practicing physician, and that be has been acquainted with said (Claim No. 3555. Navy widow. -L. 0. W.) soldier for about five years, and that during that period I have frequently been By direction of the Secretary. called upon to render professional services to Capt. Morris Leavy. He is suf. Very respectfully, fering from complete paraplegia, whicb extends from the middle of the trunk JNO. W. HOGG, C7iief Clerk. to the toes. The muscles of the bladder are paralyzed so that he has constantly Hon. WM. w. DUDLEY, to be relieved by catheterization. His bowels are in the same condition, only - . , Commissioner of Pensions, Washington, D. C. acting mechanically. These injuries are the result of wounds of the back re­ ceived during his military service in the UnHed StatesArmy. His sufferings at It appears that Commodore l\Iarchand entered the Na.vy in 1828 and was times are terrible, and can only be relieved by the most powerful narcotics. placed upon the retired-list in 1870, thus serving his country forty-two years. I 'I His treatment is only palliative, with no hope of cure. I' His widow, the claimant, makes affida.Yit., as set forth in the foregoing re­ The principal treatment which is adopted for him, namely, massage, electric­ pol't, as alsolldoes .Alice P. Thornton, which satisfies the committee (in connec­ ity, catheterization, and emptying.the bowels, requires the constant attention of tion with such service of forty-two years) that the disease was incurred,,pr the n trained and skilled nurse, which he has had ever si_nce I have known him. causes which led to it, during the lonJ? period of service of this officer. It is also necessary in his treatment that he should have as much fresh air as It has been the custom of Congress for some time to grant S50 per month to possible. To procure this he is constantly attended by his son. All this in­ the widows of brigadier-generals in the Army and of commodores in the Nary, volves a large amount of expense, which is indispensable, and without which and also to the widows of officers of higher rank. This is, therefore, not au ex­ he could not live. The disability is total. ceptional case. He further declares that he has been a practitioner of medicine for twenty­ These pensions to widows of naval officers are paid from what is known as two years, and that he has no interest, either direct or indirect, in the prosecu­ the naval fund, whfoh accrues from contributions of the officers and men of tbe tion of this claim. Na.vy; and naval officers have always looked forward to having their families JOHN W. BAYNE, receive a portion of this fund to which they liave contributed, and which they Late Aeling Assi

·- ·. - .-. ... . , I , .. '• -. 10252 CONGRESSIONAL RECORD-HOUSE.· SEPTEMBER 19,

. Mr. MORRILL. Mr. Speaker, I find on this page bills granting pe~-1 ~nd Deep Bott~m. At Re11om's Sln.tion he _ntpl_in CO~_!Danded his brigade, but in sion to .Mrs. Fremont, Mrs. McClellan, and Mrs. Crook. I ask unam-· ~~~~~~~r he resumed command of the drns1on du.1ug the absence of General mous con'3ent that they be passed over and be made the speCial order for I He was promoted to the grade of brigadier-general on October l, 1864, and, next 'Vednesday, immediately after the reading of the Journal; that alternately commanding the brigade and the division, be participated in the \I the previous question be considered as ordered with the privileae of battles .of Hatcher's Run, capture of Petersburgh, pursmt of Lee, and finally at . ' o Farmville, where be fell at the head of the column, mortally wounded. Ile one boor's debate on the three bills. was shot through the face and neck by a. sharpshooter 011 April 7, 186.5, and he · :Mr. KILGORE. I do not think I would be inclined to agree to tbat ~ied two days later, the l~t ge!rnral officer of the Union Army to lose his life roposition. for we find that making an order of tliat kind simply com- in the great stru~gle, which nrtually ended cm the very day thnt General P ' . . . . Smyth breathed his last. pels the Bouse to take up m the nndst of the hurry and excitement of On ~larch 30, 1867, a commission as brevet major-general of volunteers, to other business these three important bills and pa88 them without con- date from April 7, 186.5, was issued in his name for gallant and meritorious serv- .d t' t lJ Jtwuldbeutuchbttrtoh vetbemc 'd d' icesbeforetheenemyatFarmviJle,Va. s1 era lOD a a • . 0 • e e a ?DSI ere in :i\Irs. Smyth, the widow. is now in necessitous circumstances, depending the Houseat an evemng sesi::1on, because they would receive more at- wholly upon h~rpre s entpensionof ~30permonth. SheresidesatWilmington, tention than they would u:ider the plan indicated by the gentleman Del., with her daughter, an only child, who is earning- a mere pittance-not fro ·K s enough to support herself-for services in a. store. General Smyth entered the m ans~ · . . .Army at twenty-nine years of age, and before be had accumulated any means• .. The SPEAKER JJl'O tempo·rc. The Chair will state the request. The He came to Wilmington from his native country, Ireland, only three years be­ gentleman from Kansas asks unanimous consent that the three bills fore the outbreak of the re?el-lion, an? ,folio we~ thi: trade of wood-carving. designated by him be laid aside this evening 'vi th the understanding He!1ce he had no opportun~t.Y of prov1d1:og fo~ h1s widow, not ev~n for t_he ex- .' • . • . . actions of the barest neces~nt1es, before h1s untimely death. 1\irs. Smyth 1s now that they be brought up immediately after the readmg of the Journal fifty-two years of age, and her ability to maintain herself will grow less instead on Wednesday next, with one hour's time given for the consideration of morP a.s t~".years pass away. . . of these bills alter which a vote is to be taken ':£'he lo~alc1tizensof Delaware, as a mark C?f then· se~seofthe great and pa.tn- • . · ot1c sel'Vlce!! of General Smyth, soon after bis death raised a sum of a.bout 58.000 ltir. KILGORE. I object. for the benefit of Smylh'swidow, the petitioner, but this sum was lost tlll'ough Mr. MORRlLL. I ask, then, that this bill be passed over informally; embez:i;lement of the trustee: . . and make the same reque~t in regard to the other bills O'rantinU' pen- In _view, therefore, of t~e 1llustr10us services of General. ~myth and of h.is . · o o her01.! death and of his widow's reduced and helpless cond1t1on, your comm1t- SlODS to Mrs. McClelJan and Mrs. Crook. tee recommend the passage of the bill, with the following am• ndment: Jn line Mr. BRECKINRIDGE. Why not take theni up now? Sstrike out the words "one hundred" and insert the word "fifty." The SPEAKER pro tetnpol'e. The gentleman Jrom Kansas a.sks that The bill was ordered to a third reading; and it was accordingly read this bill and the bill granting a pension to Mrs. McClellan and Mrs. the third time, and passed. Crook.be laid aside informally, so that they do not lose their places on GURDEN L. WIGHT. the Calendar. ' . Mr. BRECKINRIDGE. Why not take them up to-night? The next Senate bill on the Private Calendar was ,the bill (S. 4243) Tho SPEAKER pro tempore. The _gentleman from Texas objects to granting an increa-se of pension to Gorden L. Wright. their consideration except in a full House, as the Chair understands, The bill was read, as follows: · t t Be it t>nacted, etc., That the Secretary oftbe Interior be, end he is hereby,au· an d there lS' no a quorum presen · tborized and directed to place on the pension-roll, at the rate of$45 per month. :Mr. KILGORE. I do not think I can agree to the suggestion Of the subject to the provisions and limitations of the pension laws, the name of Gar• gentleman from Kentucky. den L. Wright, late private Company K, Twenty-tourth Michigan lnfantr~ .Mr. BUCHANAN, ot New Jersey. We are all in bis power. Volunteers, this act to take effect from its passage, and the pension hereby granted to be in lieu of that which he is now receiving. There was no objection, and the bills were laid aside informally. The report (by l\fr. BEJ,KNAP) is as follows: .UIANDA M. S:UYTH. The Committee on Invalid Pensions, to whom wns reforred the I.Jill (S. 4243} granting an increase of pension to Gurden L. Wright, submit the following re• The next Senate bi11 on the Private Calendar was the bill (S. 3183) port: granting a pension to Amanda M. Smyth. Yourcommitteerecommend the adoption of the Senate report, with an amend­ The bill was read, as Jollows: ment. The Senate report is as follow:i: "The Committ;ee on Pensions, to whom was referred the bill (S. 4243) granting Be it enacted, etc., That the Secretary of the I nterio1· be, and he is here by, au­ an increase of pension to Garden L. 'Vl'ight, ha.vecxamineci the same and report: thorized and directed to place on the pension-roll, subject to the provision!'! and "This is a bill lo increase t.be pension of Gm·den L. Wight from $36 to f50 per . , limitations of the pension laws, the name of Amanda i\I. Smyth, widow of the month. '• late Brig. Gen. Thomas A. Smyth, of the United :States Army, and pay her a pen­ "The claimant was a member of Company K, 'l'wenty-fourth Michigan In· sion at the rate of S50 per month, in lieu of the rate of $30 per month which she fan try. He was ba•tly wounded in the left leg at Get.lysburgh in July-, 1863, and is now receiving. was a.gain wounded in the same leg at Petersbut•gh, Va., in June, 1864, and on The report (by Mr. BELKNAP) is as follows: account of this wound his leg was amputated on the field. Inflammation eusued, the ,.,tamp never properly healed, and he clai~ an increase of pension corre­ The Committee on Invalid Pensions, to whom was referred the bill (S.3183) sponding with the ra' e allowed for amputation at the hip·joint. This was de­ granting an increase of pension to Amanda M. Smyth, recommend the adoption nied by the Pension Office on the ground that he is able lo wenr an artificial of the Senate J"eport, which is as follows: limb. [Senate Report Ko.1403, Fifty-first C'-0ngress, first session.] "The claimant admits that he sometimes wears it, but never without great This claimant is the widow ot Bvt. Maj. Gen. Thomas A. Smyth, of the vol i;.n­ suilering and inconvenience; and this Is apparent from the tact, as stated in the teer service. affidavit of Dr. ::!hank:, of Lansing, Mich., that there is a tender scar on the end Thomas A. Smyth, at the first call of the President for volunteers to suppress of the stump, which blisters and becomes gre1ltly inflamed; an•I the doctor the rebellion, in April, 1861, organized a company for service in Wilmington adds: 'In view of the bad condllion of the stump, I have no llesita.tion in say­ Del.bbut becoming impatient at the delay met at completing a. regiment in that ing that the disability is equal to amputation at the hip-joint-.' city e proceeded to Ph ila.deJ ph ia, Po.., with his company and joined the Twenty­ "There is other testimony corroborating· this statement to the entire satisfac· fourth Pennsylvania. Volunteers as Company H, which was enlisted for the tion of the committee." three months' service. The bill is reported favorably with a recommendation that it do pass, amended This regiment spent its pcrind of sen-ice in doing guard and picket duty in so that the name shall appear as Gurden L. Wight. , .. Maryland and Virginia. On October 17, 1861, Captain Smyth re-entered the The commitl;ee recommend to amend by striking out tbe word service as major of the Fir~t Regiment Dela.ware Volunteers. During· the next six months he devoted his time and strength to drilling the regiment, a. work '' W dght 11 and inserting the word ''Wight, 1 '· both in the body and for which he had a grea~ love and capacity. 1 n l'tfay, 1862, Major-General Wool title of" the bill. appointed Major Smyth provost mar!

. \ ... , .. •• .>· : . · · ~ -· - ! ', I ~ - 1890. CONGRESSIONAL RECORD-HOUSE. 10253 and directed to rcmo\·c the charge of desertion standing on the records against liveness of the stump.; that this sensitiveness is permanent; that the patient is AlbP.rt Shell, as a late private in Company I, in the 'l'welftb Regiment of Michi­ very nervous, restless, and sleepless; that his suftering is constant, and that he gan Infantry, nnd suhstitute therefor "Absent without leave from l\Iarcb 14, is totally incapacitated for any kmd of manual labor. 1862, to Au~ust 12, 1862, when be enlisted under the name of Alfred Ryther, in Under these circumstances the committee are of the opinion tl1at the pension Company I<', in the Fifth Regiment of l\Iichigan Cavalry, and served faithfully of petitioner should be increased to S50 per month, and do herewith report a bill · till mustered out and honorably dischar~ed on June 22, 1865;" and the 8ecre­ for that purpose and recommend its passage, tary of War is further authorized, upon the surrender of the discharge issued Your committee, however, recommend that the Senate hill 3988 be amended to said Albert Shell under the name of Alfred Ryther, or the proof of its loss or by striking out the words "total disability," in the last line of the bill, and by destruction, to canse to be issued to said AlberL Shell, as a member of said Com­ inserting in lieu thereof the words" forty-five dollars per month, Crom the date pany F. in said Fifth Regiment Michigan Cavalry, an honorable discharge in of the approval of this act, and in lieu of the pension he .is now receivieg," his proper name. and recommend the passage of the bill as thus amended. The report (by Mr. SNIDER) was read, as follows: The amendment recommended by the committee was agreed to. ,. The Committee.on Military Affairs, to whom was referred the bill (S. 3191) for The bill as amended was ordered to a third reading; and it was ac­ the relief of Albert Shell, haying considered the same, respectfully report: . That they believe the soldier entitled to relief asked and recommend the bill cordingly read the third time, and passed. do plW!. ALMON R. TOBEY. \ -~ \V."-R DEPARTMEXT, Washln9to1i Oily, March 18, 1890. The next Senate bill on the Private Calendar was the bill (S. 2750) Sm: In compliance with your request or the 15th instant, received this day, to remove the charge of desertion against Almon R. Tobey. for a full milita.ry history, etc., of Albert Shell, erroneously designated as Al­ The bill was read, as follows: fred Shea in the inclosed Senate bill, No. lt\28, which, together with the appli­ cant's petition, is herewith returned, I am directed by the Secretary or 'Var to Be it enacted, etc., That the Secretary of War be, and he hereby is, authorized inform you that the official ret'ords show that Albert Shell was enrolled Decem­ and directed to remove from the records of the War Department the charge df ber 2, 1861., and mustered in Decr•mber 19, 1861, for three years as a. private in desertion standing against Almon R. Tobey, late a private in Company I, Fif­ Company I. Twelfth Micbig-an Volunteers, and that he wa.-. present with his teenth Regiment Maine Infantry Volunteers, and substitute therefor "Dis­ company until March 14, 1862. when he deserted at Niles, Mich. . charged on February 1, 1862, from military service by civil process on account • He re-enlisted under the name of Alfred Ryther on August 12, 1862, for three of being under the age of eighteen years." years, as a private in Company F, Fifth Michigan Cavalry, with which organi­ zation he was mustered out nnd honorably discharged on June 22, 186.5. The report (by Mr. SNIDER) is as follows: lJnder date of September 14, 1889, Mr. Shell made application to this Depart· ment for removal of the charge of desertion, which fully agrees with .the in-­ The Committee on Military Affairs, to whom was referred the bill (S. 2750) to closed petition in the matter of the reasons given by him for leaving the Twelfth remove the charge of desertion against Almon R. Tobey, having considered the Michigan Volunteers, and which contains nothinit that does not appear in the same, respectfully report : latter. That they have considered the evidence in this case and believe thRt the The application was denied by the Department on September 28, 1889, on the charge of desel'tion should be removed from the record of this young soldier. ground that, inasmuch as the absence between bis desertion o.nd re-enlistment WAR DRP• .\.RTMENT, ADJUTANT-GE?-"ll:RAL'S OFFICE, exceeded four months, the case is not covered by the act of Congress (section 3) Washington, Febru'lry 23, 1888. approved Maren 2, 1889, the law governing the subject. No other papers besides the application rcferted to haYe been filed in this De­ Sm: I have the honor t.o return House bill 2537, Fiftieth Conirress, first ses­ partment. sion, authorizing the removal of the charge of desertion against, and the issue Very respectfully, of an honorable discharge to, Almon R. '!'obey, Company I, Fifteenth l\faine I<"'. C. AINSWORTH, Infantry Volunteers, left at. the Department by Hon. James Laird, of the H-0use Captain and A.ssista11t Surgeoa, United Stal ts Anny. Committee on Military Affairs, and in compliance with instructions to report Hon. F. M. CocKuELL, a~ follows: United Slates Senatt. The official record shows that Almon Tobey, age eighteen years, was enrolled I • and mustered into the United States service on January 2->, 1862. at Au~sta, The bill was ordered to a third reading; aud it was accordingly read Me., t-0 serve three years as a. private in Company I, Fifteenth Maine Infantry the third time, and passed. Volunteers,

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·...... 10254 CONGRESSIONAL RECORD-HOUSE. SEPTEl\IBER 19,

DAVID A. PARKHUR, T. of desertion ngainst him is an error; that he did not c:iesert; that it was satis­ factorily shown that he did not, upon his return to the Fourteenth Indiana Vol­ The next Senate bill on the Private Calendar was the bill (S. 1456) untee1-s, in October, 1863." correcting the military history of David A. Parkhurst. The application referred to wa!l denied by this ol:llco on the ground that his enlistment as a substitute September 9, 1863, without a discharge from the The bill was read, as follows: Fourleenth Indian11o Volunteers, constituted him a deserter from that organiza­ Be it enacled, etc., That the SecretaTy of War be, and be is hereby, authorized tion by operation of law (twenty-second, now fiftieth, art\ele of wur), and the and directed to correct the military record of David A. Parkhurst, late of Com­ Department was consequently powerless to remove the charge. pany A, First Michigan Sharpshooters, so as to relieve him of the. charge of ~e­ I am, sir, very respectfully, your obedient servant, sertion of date September 30, J864: Provided, That such correction shall give R. C. DRUl\I, .Atljulaii!-General. him no claim for pay or allowance for the time he was absent from his com­ The SECRETARY OF WAR. mand. The bill was ordered to a third reading; and it was accordingly read The report (by Mr. S.KIDER) is as follows: ";..I the third time, and passed. · The Committee on :Military Aftnirs, to whom was referred lbe bill (S. 1456} correcting the military record of David A. Parkhurst, having considered the WILLIAM S. BENNETT. same, respectfully report: David A. Parkhurst, when a. boy of fifteen years enlisted in the United States The next Senate bill on the Private Calendar was the bill (S. 2597) Army, and because of woundR received in battle at Spottsylvania was sent to to remorn the charge of desertion from the military record of William :- a. hospital and afterwards furloughed from the same. He failed to return to S. Benn~tt. . the hospital and was marked on the rolls of his command as a" deserter." Aft­ erwards, at the age of seventeen years, he entered tho naval service of the The bill was read, 3:8 follows: United States, under an assumed name, and served on the United States steam­ Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized ships Lafayette and Ozark, receiving an honorable discharge from the latter and directed to cause the records to be so amended as to remove the·charge of vessel June 14, 186.5. desertion from the military record of William S. Bennett, late a. member of An a.pplica.tion to the War Department for theremo•alof the charge of deser­ Company C, First Nebraska Cavalry Volunteers, and that an honorable dis­ tion was denied September l9, 1887, on the ground that the case is not covered charge be granted to said Bennett as of date January 9, 186S. by the act of Congress appro'\"ed l\Iay 17. 1Jo!86, which was held by the Depart­ ment not to include "deserters" who enlisted in the Navy. The report (by Mr. SNIDER) is as follows: While approving the decision of the War Department in such cases, your The Committee on Military Afta.irs, to whom was referred tho bill (S. 2597) to committee belie•e, because of the extreme youth of this boy at the time of remove the charge of desertion from the military record of William S. Bennett, enlistment, the fact of his being wounded once or twice in infantry sen-ice, haring considered the same, respectfully report: and the fact that he did not desert while actually in the line of his duty, but William S. Bennett was enrolled June 15, 1861, in Company C, First NebrMka from the ho_pital where he had been sent because of wounds recei•ed in bat· Cavalry, re-enlisted as a veteran volunteer January 1, 1864, and deserted while tle, and for the further fa.ct that he faithfully and creditably served out his entire in the guard-house at Fort Kearney, Nebr., January 9, 186.5. time of enlistment in the Navy, coming out with an honorable discharge, he He was in service, therefore, over three years and a. half, n.nd fought at Fort should be entitled to more than the ordinary consideration in such cases, and Donelson, Pittsburgh Landing, and in several lesser engagements. His record with due regard for the precedents in such cases, make this exceptional, and during all the time, until just prior to his confinement and desertion, was good, i·ecommend the passage of the bill. and his deportment as a soldier without blemish, and secured the commenda­ tion of his company officers. , .. The desertion of the petitioner was provoked by the unsoldierlike, tyrannical, WAR DEPARTlIE:XT, .ADJUTA~""T-GEXERAL'S OFFICE. insulting conduci of a captain, who, while in the act of presuming to insult a Washington, Augtist 20, 1838. young girl in the presence of her mother and sister, was discovered by Ben­ Sm: I have the honor to i·etum the communication of the chairman of the nett, who was asked to remove the officer. Thereupon the officer denounced -. Senate Committee on 1\Iilitary Affairs of August 3, 1888, referring a petition from Bennett, called him a vile name, and was assaulted by Bennett therefor. D. A. Parkhurst, of Company A, First Michigan Sharpshooters, for removal of This officer at the time appears not to have been on duty and was drunk. For charte of desertion, and to report as follows: this Bennett was arrested and placed in the guard-house (as he says) for two As shown by the official record, David Parkhurst was enrolled (age eighteen) months qr more without trial, and from which he theu escaped. December 16, 1862, and mustered in 1\.Iarch 20, 1863, a.s a private of Company A, The record of the officer assaulted shows that he tendered his resignation Oc­ First Michigan Sharpshooters, and properly accounted for until June 20, 186i, ober 17, 1864, which appears to be about. the time the assault was committed, when he received a slight gunshot wound of the thumb at Petersburgh, Va.. which resignation was in effect forced, and was accepted. Colonel Living;ston, He was under treatment in hospital until August 5, 18&1, when furloughed from approving his resignation, says: . hospital and failing to return from furlough, be was reported a deserter on "The good of thl.'l service requires the immedfate acceptance of this resigna­ September 30, 1864. tion. The captain has become the slave of liquor, and when intoxicated always In his application to this office for removal of charge of desertion he made disgraces his uniform. Neglect of duty, habitual drunkenness, and conduct, substantially the same statement as that contained in the inclosed petition, when under the iutluence of liquor, which is a scandal to the service, impera­ namely, "thatwhileadeserter from Company A, First Micbi_!!an Sharpshoot-ers, tively demand that he be allowed to leave the service." he enlisted in the Navy and sen-ed on the monitor Ozark: undet· the name of The records also show that this captain "was placed in arrest _·ovember 12, Charles Perkins." 1 &.l, and bis limits strictly confined to his private quarters." He was released The application was denied on September 19, 1887, on the ground that the case from arrest on approval of his resignation. is not covered by the a<:t of Congress a.ppr&ved May 17, 1886, which is held by Your committee is ot the opinion that unde1· such circumstances the petitioner the Department not to include deserters who enlisted in the Navy. should have the relief he asks. lam, sir, yery respectfully, your obedient servant, The following statements are from claimant ur.der oath, and from his com­ J. C. KELTON, pany officers, which your committee ask may be considered a. part of this re­ Aeling Adjutmit-Gencrnl. port-. Colonel Livingston has been deceased several years. The SECBETARY OF WAR. STATEMENT OF W, S. IlE~'NETr. The bill was ordered ro a thirct reading; and it was accordingly read PAWHC"SKA, OSAGE NA'I'ION, L"DIAN TERRITORY, Koi:ember 2G, 1889. read the third time, and pa.ssed. I do say that while I was on duty as a. guard at Fort Kearney, Nebr., about the last of October or the first of November, in the year 186-1, I did go into a.n ASHER W. FOSTER. adobe bouse known as the post-office, at Fort Kearney, Nebr., and did see and find one Captain--, captain of Company K, of the First Nebraska Cavalry, The next Senate bill on the Private Calendar was the bill (S. 1696) in the act of committing an indecent act in the presence of her mother and sis­ .· for the relief of Asher W. Foster. ter on one Jenny Nages (I believe was her name), she asking mo to take him The bill was read, as follows: out. I told her I could not, as he was an ol:llcer. He seeing me in their presence BeiJ. enacte. United States Indian Agent. "On or about October 8, 1863, he was identified as a deserter from the Four­ teenth Indiana Volunteers and returned to that regiment and placed in arrest STATEMEXT 01" CO:\IPA~-Y OFFICEllS. until December ll, 1863, when he was released from arrest and returned to duty PERU, NEBR., Fcbrnary 19, 1890. by competent authority. He re-enlisted as a veteran volunteer December 2, General l\IANDERSON, United States Senate: 1863; was transferred to Company B, Twentieth Indiana. Volunteers, 1u May, l\Iy attention has been called to your laudable effort to remove the stigma. of 1864; promoted t-0 regimental quartermaster-sergeant September 2, 1864,and desertion attaohed to the name of William S. Bennett, a former soldier of my served as such until July 12, 1865, when he was mustered out with that regi­ old Company C, First Nebraska Veteran Volunteer Cavalry. ment. I personally know Mr. Bennett to have been a good brave soldier. The "In an application for removal of the charge of desertion against soldier, pre­ fouuda.tion facts which you present in your memorial for hls rellef are substan• sented to this office in November, 1885, applicant (Foster) testified that the charge tially true. .\ .- .... >.' .. ~ . i ...... 1 , . 1890. CONGRESSIONAL RECORD-HOUSE. 10255

... ,. ... Captain -- was insolent, arbitrary, and unreasonable while drinking. The bill was read, as follows: The trouble arose while he was in a maudlin state of intoxication. Mr. Bennett did not reRist an officer in the legitimate discharge of his official Be it enacted, etc. That the pension of Margaret R. Pierce, wjd.ow of Capt. duties, but resented the insults of an int-0xica.ted officer outside of his official Henry Hubbard Pierce, late first Ueutenant of the Twenty-first United States capacity. It was therefore not insubordination on the part of W. S. Bennett, Infantry and major of the First Connecticut Heavy Artillery United States but tbe assertion of independent Amtlrican manhood in the defense of a lady Volunteers, be increased t-0 SiO per month. ' and himself that caused the difficulty which resulted in his leaving the Army. l\Ir. Bennett had served faith!ully with his company and regiment for over The report (by Mr. GoomnGrrT) is as follows: three years, or until the war was practically over, and was then forced out with Th~ Committee on In valid Pensions, to whom was referred the bill )S. 3332) this blotch upon hi~ good name, rather than lie imprisoned to await a trial for fe~~~~~g an increase -0f pension to l'ilargarct E. Pierce, submit the fol owing insubordination, because Of the unlawful o.nd unjustifiable act of a drunken of­ ficial. He should have the relief sought, and I hope that you may be successful 'l'he report of the Senate Committee on Pensions, which your committee adopt in freeing his name from the stain of desertion, which now mars his otherwise as their own, sets forth the facts in the case. It is appended hereto. good record. ~ ou~ com~ ittee, in "View ~f all the facts in the case, are of opinion that Mrs. Very respectfully, etc., P_1erc~ s pension should be.mcrease~, and therefore return the accompanying THOS. J. MAJORS, bill with the .~ecomm.en~ahon th11;t it d.o pass, a~e!lded, however, by striking Late Captain Company C. z~~~~~e wortl forty," rn lme4,and msertmg therem mstead the w~rd "twenty- The above statement we freely and fully verify as true, having no other in· tereet than to do Justice to an old comrade. WILSON E. MAJORS, Lale Lieutenant, Company C, First Nebraska Vtteran. Volunteer Cai·olry. REPORT. F. M. MEDLEY, '.fhe claimant, i\Iar~et E. ~ierce, is the widow of Henry H. Pierce, late of Sergeant, Company C, First Nebraska Veteran Volunteer Carnfry. the Twenty-first Regiment Umted States Infantry. She was pensioned, on ac­ F. L. PROUTY, count of the death of her husband, at the rate of 817 per month beginnin"' Oc­ Private, Company C, First Nebraska Vcterm1 Volu11t.eer Cai:alry. tober 3, 1883, with an additional sum of $2 per month for each.of three ~inor children. She now asks that thi3 be increased to the rate allowed the widows 'l'he committee recommend the bill do pass. . of officers of the rank ot major, on the ground that such was the real rank of The bill was ordered to a third reading; and it was accordingly read eaid soldier. · The accompanying petition is presented in support of this claim· and after the third time, and passed. a review of alJ the evidence in the case your committee report ba~k the bill ·. JOHN IDNS"llAN~. · nnd recommend that it do p:iss. The next Senate bill on the Private Calendar was the bill (S. 2086) Petitio1i of ~frs. Margaret E. Fierce fo1· increase of pension. to correct the militar.Y record of "John Hinsmann, late of Company G, 1'1y husband, Henry Hubbard Pierce, was, during the entire wru· a member of tl~c First Connecticut Artillery. He entered a stripling of a boy ti.s private sol­ Eleventh Regiment Kentucky Cavalry. dier a.nd rose ~o the full ra!lk of major of one of the best regiments in the service. The bill was read, as follows: I>urmg continuous service of four years and five months he was three times Be it cnaded, etc., That the Secretary of War be, and lie is hereby, authodzed brevetted. Tb~ first time was for "gallant and meritorious service in action at and directed to so correct the military record of John Hinsma.nn, late private Petersburgh mme," where he commanded a batterv of ten IO-inch mortars and in Company G, Eleventh Regiment Kentucky Cavalry Volunteers, as to make where he was wit~out intermis~ion engage!1fr?n_i4A5a. m. till 10.30 p. m.; and it read that said Hinemanu died on March 5, 186-i, from serdces performed while used for the first tune the expedient of puttmg t.hirty 12-pound canister shot un­ in tbeline of his duty. · der the bursting charge or the 10-inch shells, which proved o! great utility keep­ ing quiet th~ most dreaded flanking batteries of the enemy's llne. (Page 49, Ad­ The report (by Mr. SNIDER) is as follows: jutant-General's Report.) The Committee on l\Iilitary Affairs, to whom was referred the bill (S. 2056) to Another brevet was for "conspicuous gallantry," a very distinguished and correctlhemilitary record of John Hinsmann, late of Company G, EleveuthKen­ distinguishine: complimcn given to ouly ten officers during the entire war tucky Cavalry, having considered the same respectfully report: Thie was conferred for "service in action at Graveyard Bend Va " wh~re That the records are undoubtedly wrong m1 so far as John Hinsmaun, ]ate of with his own battery of three 30-pounder Parrotts and another off~ur 20-pounde~ Company G, Eleventh Kentucky Cavalry, is reported as deserter. '£he com­ ~ll!rotte under his command, unaidec;J. by our Navy •. he repulsed the rebel fieet mittee recommend that the bi!l do pass, with amendments as follows: rn its efforts to pass the obstructions m the James River on the night of Janu­ Between words "on" and "l\Iarch" insert '' or about." ary 23. This fleet consisted or three rams, the wooden gun-boat Drury, and a Sh-ike out words "from services pei;formed " and insert after the word small torpedo boat. The second shot from the battery struck the Drury and "while" the words "in the service of the United States." the third exploded her magazine, completely destroying her. ' ~~ this engagement he was wounded, wilh eighteen of his men. Of this nfi'air General Henry L. Abbott, colonel of First Connectiout Artillery says· REPORT. "Too much praise can not be given Captain Pierce, commanding the b~ttery. This soldier, as appears by the records of the War Department, was enrolled for his excellent conduct." ' February 29, 1864, at Covington, Ky., to serve three years, in Compa.ny G. _After. this, a vaea~cy occuning, .Captain Pierce wa.s promoted to be major of Eleventh Kentucky Cavalry. There is no record that he was ever mustered his regiment. Dunn~ that year his nervous system was entirely broken down into the United States service. On a muster-roll of the company, covering from by the use of quinine, which was issued as a ration, and from the effects of the February 2(1, 1864, to August 31, 18&!, he is reported "Deserted nt Paris, Ky., exposure, which made so heroic a remedy necessary, he never recovered. l\Iarch 5, 1861," and is similarly report.ed on them uster--0ut roll of the company. Although my husband did not die upon the battle-field, he is none the Jess a It appears clearly from the testimony that about March 1, 1864, this soldier k:~rr:i t>et~:_~j; ~~f~~ns to the labors and exposure undergone in the .serv- with his company, left Covington to join the regiment at Mount Sterling; that when they were at Paris he was taken sick and deranged and was left at a farm­ . As wil.l be seen by accompa~ying "orders," he was engaged in an explora­ honse; that when the ambulance came for him the next day he was gone, and tion which ha_s opened up a h~therto unk~own country. He laid down hie life when inquired for afterwards, the woman of the house said that he had left the that others might find homes m the beauhtul and fertile valleys of the Okana­ house against her remonstrance, and that she had heard that a. soldier was kin and l\Iethow. The work imposed upon him, so peculiarly fitted for it in found dead about 8 miles from the place on the day after he left. he1• house. He every other way than by physical strength, wa.s more than his broken-down has never returned to his family, and no person testifies t-0 having seen him ~s~Z. ~~d~~-~ndure, and six days• march away from civilization he obeyed the ,. alive since he left the house. The prevailing belief in his company was that the man was out of his mind, and had wandered l\way from his company and been I ha:e three chil~en to rear and educate. .The eldest will be sixteen in May, killed by bushwhackers. He was a man of good character; he eulisted from and will then forfeit her 82 per month, at a time when eyery cent is so impor­ patriotic motives, and his family relations were all pleasant. tant in her acquisition of an education. The passage of the bill is recommended. l\Iy pension is, including that of my three children, $69 per quarter. I do most earnestly pr:i-y for nn increase in this being gran~d. that I may be saved the struggle which confronts any woman left alone, without technical knowledge ; XEWPORT, KY., Ju1ie 16, 1890. of any sort that might be applied to earning her own living. GENTLEMEN: I made the pay-rolls of Company G, Eleventh Kentucky Cav­ l\IARGARET E. PIERCE. ah·y, in which John Hinswa.nn was reported as a deserter. John llinsmann en­ l\IORGAXTO"WN, W. VA., listed as a. private in Covington about the 1st of March, 1864, and became Febrtiary 26, 1880. deranged while on the march to join the regiment at Mount Sterling, Ky. 'Ve left him at a house between Paris and Mount Sterling, and when we returned STATE OF WEST VIRGINIA, with an ambulance the next day we were informed that he had wandered away .County of Monongalia, ss: from the house. He had be:iome so infirm that, although he could understand The foregoing was subscribed and swoi·n to before me in my said couuly and I hereby certify that the affiant is personally well known to me to be of un­ English "Very well when sane and when we left him, he could not understand a doubted credibility. word of English. The easiest way of disposing of his case in making the rolls was to write after Given under my hand and official seal this 27th day of February, 1886. his name '"Deserter." "\Ve afterwards found that a.Union soldier that answered [ EAL.] E. SffiSLER, Notm·y Public. the description of Hinsman n was found dead on the 6th of March about 10 miles from where we left him, You know we did not know anything at the time of [General Orders, No. 22.J pensions for widows or we would have beeu more particular about the men­ tlon on the rolls. There could have been no reason for the desertion of Hins­ HEADQUARTERS DEPAB.TME:!'."T OF THE COLLllmLo\., m::mn, as his family relations were of such a character that he would not have de­ Vancouver Barracks, Washington Tenitory, July 25, 1883. serted his wife, and, from the outbreak of the rebellion, he was a strong Union The department comman~er announces with regret the death of First Lieut. man and was captain of a home-guard company. The two commissioned offi­ ~nd Bvt. Capt. Henry .H.. Pierce, Twenty-first !nfantry, while on special duty cers of the company at that time a.re both dead, and you will have to be con­ ~n the f!.eld, engaged m unportaut topographical explorations, under special tent with the evidence of priYates. Should you wish affidavits setting forth the mstructlons from these headquarters. &boye facts I will furnish them. I hope you will report favorably on Senate bill The record of this o~cer is

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10256 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19!

North west. In the autumn of la.st year be was engaged in a. military reconnais­ WICK :MORGAN. sance in an unexplored district of Wru!hington Territory, and at the hour of bis death was occupied in completing the work tben begun. The next Senate bill on the Private Calendar was the bill (S. 1480) The exposure and hardships of military life in the great civil war and on the granting a pension to Wick Morgan. fronder had undermined b ·s physical strengtb, a.nd disease fixed its fatal hand upon him. He died at his post, in the field, in the line of duty, and his remains The bill was read, as follows: ... now rest, buried near the Upper Columbia River, mid the wild scenes of nature, Be •t enacted, etc., That the Sec'1·etary of the Interior be, and he is hereby, o.u­ far from friends and kindred. tborized and directed to place on the pension-roll, subject lo the provisions and In the death of Lieutenant Pierce the service bas lost a most earnest and valua­ limitations of the pension laws, the name of Wick Morgan, late major of the ble officer, and the sympathy of the department commander is extended to his Seventy-sixth Regiment of Enrolled l\Iissouri Militia and late major of the bereaved family. Fifteenth Regiment oflll1ssouri Cavalry Volunteers. By order of Brigadier-General :!\files. 0 . D. GREENE, The report (by Mr. MORRILL) is as follows: .Assista11 t Adjutant-General. The Committee on Invalid Pensions, to whom was referred the bill (S. 14SO) granting a pension to 'Vick ~!organ, submit. the following report: [Regimental Order No. 4.9. ) ' l'ilaj. Wick Morgan made application to the Pension Bureau, but his claim HEADQ.UARTERS TWENTY-FlltsT I:SFA);TRY, was rejected upon the ground, first, that the disability was contracted while he Vancouver Barracks, Washington Territory, Auyust 9, 1883. was a. member of a State organization and, second, that he could not furnish proofs of hospital treatment for disease, or medical treatment for same, while The colonel announces to the regiment the death at Foster Creek, Washing­ in the United States service. ton '\'erritory, on the 17th day of July, 1883, of First Lieut. Henry II. Pierce, brevet U appears from the evidence of Col. John D. Allen, of the lieutenant of his captain, United St.ates Army, and brevet major of volunteel'8. company, and of his "comradea in arms" that he contractedthediseasesof Captain Pieroo entered the military service in May, 181H, as a sergeant of Com­ rheumatism and chronic diarrhea. while superintending the erection of Fort pany A, Fourth Connecticut Infantry, afterwards the First Connecticut Artil­ No. 2 at Springfield, Mo., in January, 1863. lery, and rose through the several grades until he reached the rank of major in The evidence is conclusive to the committee that he suffered from that time !lay, 186.5. He was three times brevetted for gallantry on the field of battle, up to the date of his discharge and to the present time from the effects of the once for "conspicuous gallantry," while in command of a. water battery on diseases contracted at Fort No. 2. This Is fully shown by the evidence of Dr. E . .James River, Virginia, in 1865. His service in the field was continuous from V. Lafoon, who treated him at the time of bis dischar~e. and also up to the l\lay, 1861, to the surrender of the Contedcrate army nt Appomattox, Va., April present time. 1865. He served at various times as judge-advocate and inspect-Or-general of He has shown why be can not prove the hospital i·ecord for his diseases. He brigades. His brevets, one of them the most distinguished that Clln be conferred was carried to the private house of one Jenkins at Springfield, Mo., with a view upon a soldier, and the testimonials of bis superior officers, bear witness to his of obtaining there better treatment than be could ll;et in the hospital, and Dr. fidelity and courage; and frequent service in staff positions, requiring knowl- Kinir. the regimental surgeon, treated him at that time and subsequently; but edge and ta.ct-, is evidence of bis intellect and culture. · Dr. King is now dead. · In October, 1867, Captain Pierce was appointed a second lieutenant In the He continued in this state of disability to such an ex:tent that be had to be nited States Army, and assigned to the First Infantry, and while on duty in transferred in a. wagon to the point where he was finally discharged. lhe State of Louisiana was appoint~d by lllaj. Gen. 0. O. Howard superintendent '.rbe evidence upon these facts is conclusive and can admit of no doubt what­ of education In that State. The duties of this important office he administered ever. with intei:rity and intellig•mce. By direction of the President of ~he United This case was rejected in the Pension Office for the reason that the claimant States h e was detailed in the summer of 1869 on duty in the University of West at the time he incurred the disability was a member of the enrolled militia; but Virginia, as professor of mathematics and military tactics, and remained in this it appears that the regiment to which l\Il\jor l\Iorgnn belonged was in contin­ position for a. period of five years. uous service a.nd was afterwards merged into the Fifteenth Missouri Regiment, On bis promotion to the rank of first lieutenant in 1874, be joined bis regiment a regular volunteer organization, and continued in service during the remainder and served with it at various frontier Atations. He was in command of a com­ of the war. It is further shown that tho disability eont.inuedand was aggra· pany in the campaign of lff77, against the Nez Perce Indians, in the famous pur­ vated and increased by the latter sen· ice. imit of Chief .Joseph from the Lapwai to the Missouri River, and shares with The rule of the committee has been not to consider favorably claims for dis­ bis regiment the credit of having participated in one of the most remarkable eases contracted in the militia service, but it seems to your committee that the marches recorded in modern warfare. In 1878-'79 he was professor of military fact that the organization to which claimant belonged was afterwards merged .. science in the military school at Orchard Lake, Mich. October 1, 1880, Captain into and be::came a part of the volunteer service of the United tates removes Pierce was appointed adjutant of the Twenty·first Infanti·y,and served in this thh case from the operation of this rule. In cases where men were enlisted and capacity until October 14, 1882, when be resigned to accept the detail of pro­ incur1·ed disabilities before being mustered int-0 se1·vice Congress has uniformly fessor of military science and tactics in Pacific University, Oregon, for which held that they were entitled to pensions. This seems a stronger case than position be was recommended by the department commander. those. ·while adjutant be was detailed by Brig. Oen. Nelson A. Miles, commanding Your committee recommend the passage of the bill. Department of the Columbia, to command a scientific exploring expedition from old Fort Colville to Puget Sound. This duty was discharged in a manner so The bill was ordered to a third reading; and it was accordingly read satisfactory that bis report of the exvloration \Vas published by order of the honorable Secretary of 'Var, on the recommendation of the General of the the third time, and passed. Army. Family affiictions compelled Captain Pierce to reeign bis professorship and to return to his regiment in February last. At the time of bis death he was BETSEY A. MOWER. in command of a. second explorlngex:pedition, having for its object the recon­ naissance of the uncxploretl country between the Columbia River and Puget 'l'he next Senate bill on the Private Calendar was the bill (S. 1468) Sound, along the line south of the forty-ninth parallel. · granting a pension t-0 Bet...;:ey A. Mower. The estimation in whieh he was held by the department commander has been The bill was read, as follows: published to the world in the department order announcing his decease. Cap­ tain Pierce, though be was never a ctively engaged in that profession, wasedu­ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ c:i.ted for law. He was an original writer of distinction, and made ti·anslations thorized and directed to place on the pension-roll, subject t-0 the provisions and of the JEneid of Vir~il and the Odes of Horace, productions of the highest lit­ limitations oft.he pension laws, the name of Betsey A. Mower, widow of General erary merit. His life was one of honor a.nd u.&efulness. The spirit which led Joseph A. Mower, United States Army, and pay her at the rate of flOO pe1· him runid the cares and annoyances of army routine life, to undertake literary month. labo'r was commendable in the blghest degree and is worthy of imitation. The report (by Mr. YODER) is as follows: As a mark of respect to the memory of Captain Pierce, the officers of the Twenty-first Infantry will wear the usual badge of mourning for thirty days. The Committee on Invalid Pensions, to whom was referred t.he bill (S. 1468) By order of Col. H. A. Morrow. granting an increase of pension to Betsey A. Mower, submit the following re­ DA.NIEL CORNMAN, port: First L ieut-enant and .Adjutant Tu;enty-fir1& Infantry. This bill was favorably reported by the Senate In the following report, which is adopted as the report of your committee with a recommendation that the The amendment recommended by the committee was agreed to. bill do pass: The bill as amended was ordered to a third reading; and it was ac­ !!E:SAT"E R E POllT. cordingly read the third time, and passed. The Commihee on Pensions, to whom was 1·eferred the bill lS. U.68) granting a pension t.o Betsey A. Mower, have examined the same, and report: MARY E. WILLIAMS. 'I'be applicant is the widow of Maj. Gen. Joseph A. Mower, who died in 1870 of disease contracted fn the service. She W!l.S pensioned at $30 per month and The next Senate bill on the Private Calendar War! the bill (S. 626) this was increased to S.>O per month by a special act of Congress, and subse­ granting a pension to .Mary E. Williams. quently, by act of the Fiftieth Congress, her pension was in~reased to $70 per . - month• I The bill was read, as follows: The applicant has two children dependent upon her, one of whom has been an inmate of an insane asylum for several years and the other in feeble health, Be it t>nacled, etc., That the Secretary of the Interior be, and he is hereby, au­ and her husband left her no estat-e whatever. thorized and directed to place on the pension-roll, subjec~ to the pro\"lsions and She asks that her pension may be increased to $100 per month. 1imita.tions of the pension laws, the name of Mary E. Williams, ad widow of The committee recommend the passage of the bill. Edward Palmer, Company G, Thirty-sixth Regiment l\I:J.!!Sll.chugetts Volunteers. The report (by Mr. FLICK) is as follows: The bill was ordered to a third reading; and it was acco.rdingly read the third time, and passed. The Committee on ln\•alld Pensions, to whom was referred the bill (S. 626) granting o. pension to ~iary E. Williams. submit the following report: LOUISE SELDE...~. Tbls bill passed the Senate July 26, 1890, o.nd your committee adopt the report of the Senate Committee, as follows: The next Senate bill on the Private Calendar was the bill (S. 1552) •' "The Committee on Pensions, to whom was referred tl1e blll granting a. pen· granting a pension to Louise Selden. sion to Mary E. 'Vil\iams, have examined the ~ame and report: The bill was read, as follows: "Mary E. Williams claims pension as the widow ot Edward Palmer, late :i private Company G, Thirty-sixth Massachusetts Volunteers. She drew a pen­ B e i t enacted, etc., That the Secretary of the Interior be, a.nd is hereby, au· sion as above soldier's widow from the time of his death until her remarriage thorized and directed to place I.be name of Louisa Seld.m, widow of the late to Williams, when thepl'nsion legally terminated. Iler second husband proved Capt. .l. M. Selden, of the United States Revenue Marine Service, on lhe pen­ to be a criminal and is now serving his second term in the Stft.te prison for arson. s iou·roll as a pensioner nt the rate or $30 per month. The decree of divorce filed with the papers at the Pension Office in favor of Hrs. Williams is absolute ancl gives her the custody of tl1eir only child. She 'rhe report (by Mr. WILSON, of Kentucky) is as follows: married Williams in 1874; was divorced from him in 1887. Iler feeble condition, The Committee on Invalid Pensions, t-0 whom was referred the bill (S. 1552) dependence on her ow:i labor for her support, are shown. The case has much granting a. pension to Louise Selden, beg leave to return the samP. with the merit, an4 in view of the testimony hereto attached your committee recom­ recommendation that it be referred to the Committee on Pensions, who are mend the passage of the bill." charged with the considera tivn of mattf!rs iherein set forth. The bill was ordered to a. third reading; and it was accordingly read The bill was ordered to a third reading; and it was accordingly read .· . the third time, and passed. the third time, and passed. .·

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1890. CONGRESSIONAL RECORD-HOUSE. 10257 ·. NELSON MONROE•. The bill was read, as follows: The next Senate bill on thA Private Calender was the bill (S. 2560) Be it enwecl, etc., That the Secretary of the Jnlel·ior be, aud be is herel>y,au­ .' ' thorized and directed to place the name of Frederika B. Jones, widow of the to increase the pension of Nelson Monroe. late Brig. Gen. Roger Jones, on the pension-roll, nnd pay her a pension at the The bill was read, as follows: rate of IHOO per month from and after the passage of this net. . Be ft enacted, etc., That the Secretary of the Interior be, o.nd he hereby is, au­ l\Jr. KILGORE. I ask for the reading of the report in this case. thorized and directed to place on the pension-roll the name of Nelson Monroe, BROWNE, late first sergeant of Company H, One bnndred and fifty-seventh Pennsylvania The report (by Mr. of Virginia) was :read, as follows: Vohmteers, and pay him a pension of Sil> per month, in lieu of the pension now 'fhe Committee on Pensions, to whom was referred the bill (H. R. 3174) grant 1·eceived by him. ing a pension to Mrs. Frederika B.Jones, have had the same under considera­ tion, and find that she is the widow of the late Brig. Gen. Roger Jones, who The bill was ordered to n. third reading; nnd it was accordingly read served with great distinction in ihe late war of the rebellion. the third time, and passed. The following letters and extracts from newspapers describe the a1h·ance­ ment of this officer-On account of his gallantry, especially in the destruction of AL:llON WET~IORE. the arsenal at Harper's Ferry, during the late war: ...... The next Senate bill on the Private Calendar was the bill (S. 3560) WAR DEPART:IIENT, .41n-tl 22, 1861. granting an honorable discharge to .AJmon 'Vetmore. MY DEAR Sm.: I take pleasm·e in apprising you that, in consideration of your Yery skillful and gallant conduct nt Harper's Ferry, 1 have ordered a commis­ ..... The bill was read, as follows: sion 10 be issued to you as assistant quartermaster-general, with the rank. of Be it enacted, etc., That the Secretary of 'Var be, a.nd be is hereby, authorized l'aptain. and directed to correct the military record of, and grant an honorable discharge SJ MO... - CA:\IERON", Secretary of War. to, Almon Wetmore, late a prfrate in Company H, Sixth Regiment Pennsylvania. Lieut. ROGER Jo::-."E"'. Reserve Corps Volunteers, said correction and discharge to be made as of May 31,11-.64. "·A~ DEPART}J.EXT, T~-a.shiilglon, April ~2. 1861. The bill was ordered to a third reading; and it was acc01·dingly read :\IY DEAR Sm: 1 a.m dirncted by the President of the United States to com­ the third time, and passed. municate to you, and through you to the officers and men under your com· The SPEAKER The Chair is ndvised hy the Clerk that mand at Harper's Ferry Armory, the approbation of the Government of yours pro tempo1·e. and their judicious conduct there; and to tender you and th1::m the thanks of this completes the 8ena.te bills. the Government. for the same. Mr. MORRILL moved to reconsider the several votes by which the I am, sir, ve1·y respectfully, bills were passed; and also moved that the motion t-0 reconsider be laid 'Il\ION· CAMERON, Secretary of War. Lieut. Rotten. lu com· spectively, be laid aside, with an order of the Honse that they be called mand of Harper's Ferry, one of the most important stations and arsenals in the country, and learning through pickets that be bad thrown out. for miles, that a .. up for consideration on Wednesday next immediately after the reading large body of Virginians were coming to attack him, t-0 secure the large number of the Journal, and that an hour be then allowed Jor the discussion of of minic and other muskets that were there, he notified the Government. They the bill'i, atter which they shall be "fotecl upon, the previous question did not see prnper to re"""nforce him. Without order~ be made preparatio11 to blow up the building containing the arms, and in fact workshops and all, to de­ being considered as ordered. feat the pnrpo,;e of the secessionists, the capture of the Government arms a.t The SPEAKER pro tempo1·e. 'Is there objection to the request of the tlmt place. • . . gentleman from Kansas? It is now generally admitted that hnd they secured the arms at Harper's• I Ferry, they would ha.Ye attacked 'Vashington, first having secured the r.o-op­ Ur. ALLE~, of Michigan. I rise to a parliamentary inquiry. Wlmt erntion of the secessionists 01 Baltimore and Maryland. At th.ot time Wash­ effect will this order have with reference to privileged reports? ington was at the mercy of an invading 8outhern army. There were over The SPEAKER pro tempore. The Chair supposes the order wouhl twenty thousand stand of the most approved arms at Harper's Ferry at that time. T11e secessionists at Harper's Ferry were spies on Captain Jones, and be subject to the priority of conference reports or other privileged re­ e\·ery movement of his was watched and reported. He distributed the powder ports. Without objection, the order proposed will bemade. TheQhair throughout the buildings by a trick. He C'arried kegs of powder in the chaff­ hears no objection, and it is so ordered. bag,, of the soldiers, circulating that be was changing the quarters of the sol­ diers. \\'"hen h:s scouts had annou11ced to him that over three thousand Vir­ RETTA AND AXXA HORRELL. gininns were adYnnciug, and were within 2 Uliles of the place, he nnd his little baud fixed the trains and destroyed the arms and buildings and retreated to­ Mr. 03BORNE. I call up the bill (ff. R. 9034) granting a. pension wn rd Chambersbur~h. How effectually he succeeded is well known. If Uaptain Jones had acted like the great majority of Southern officers what to Retta. Horrell and Anna. Horrell. ~n incalcul.a?le amount of mi!'chief be would have done. It was expected, as The bill was read, as follows: 1s now pos1tn·ely known, that Hnrper's Ferry would yield without a struggle Be it enacted, .etc., Tbat the Secretal'y of the Iuteriot· be, and be is hereby, au­ nnd that the arming of the secessionist'! would be accomplished. Capt».inJones thorized and directed to place the names of Retta Horrell o.nd Anna. Horrell is a son of General Jones, formerly Adjutant-General of the Army. His pa.rents daughters of Robert Horrell, late captain ot Company A, Eighty-fourth Re,,.i: and all his relations are Virginians. He is a cousin of Colonel Lee, now in the ment Pennsylvania. Yolunteers, on the pension-roll, at the rate of 810 each p~r command of the Virginia fqrces. month. The report (by 1'Ir. C&.A.IG) is as follows: CARLISLE BARRACKS, PA., Ap1,il 20, 1861. The Com.mittee on. Invalid Pensions, to whom wrui retcrrnd the bill (II. R. Sm.: Immediately after finishing my dispatch of the night of the 18lh instant - ';."· 0031) granting a pension to Retta Horrell and Anna Horrell, submit the follow­ I received posi.tive an~ reliable information that 2,500or 3,000 8tatetroops woulcl ing report: reach Harper's Ferry m two hours from Winchester, and that the troops from '£hat the beneficiaries o.re the daughtera of Robert M. Horrell. who euli,t-ed Halltown, increased to 300 men, '"ere advanc:ng and were at that time (few ns captain, Company A, Eighty-fourth 1-tegiment Pennsylvania Volunteers mi•1utes after 10 o'clock) wiibin llventy minutes' march of the Ferrv. 8eptember 2, 1861, and was dischitrged July 21, 1862. ' Uuder these circumstances I decided the time had arrived to ca·uy out my . The evidence Ille~ in his widow's claim for pension sho~·s clearly by his reg­ determination as expressed in the dispatch above referred to, and accordingly unentnl surgeon, officers, and comrades that be contracted m the service inflam­ gave the order to apply the torch. ln three minutes o •· less both of the arsenal mation of the bowels and chronic diarrhea. That this existed while home on buildings, containing nearly 15,000 arms, together with the c;npenter's shop, furlough, immediately at discharge, and continuously until death on August which was at the upper end of a long and connected series of workshops of the 10, 1887, is shown by !J~ family physician, and gives in detail specific treatment armory proper, were in a complete blaze. year aft.-r year. Tlus 1s corroborated by respectable neighbors and comrades. 'fbere is every reason for believing the destruction was complete. '£he evidence of de~th from same cause is satisfactorily established also by After firing the buildings I withdrew my command, marching all ni.,.bt, ancf me!'.llcal and lay testimony. Your committee is satisfied this case wou:d have arrived here at 2.30 p. m. yesterday, where I shall a.wait orders. " been gn-nted but for delay by loss of an affidavit of widow's marriage to sol­ .Four men were miBsing on leaving the armory, and two deserted during the dier or its being overlooked in Pension Office until the widow died, about De­ mght. . cember, 1&'9. Respectfully, I am, sir, your obedient servant, R. JONES, The evidence before your committee shows that one of the dau.,.bters 0 Anna Horrell, is feeble-minded and has disease of the heart; that she c:u not be left First Lieutenant R. M. Riflemen, Commanding Department Recrnits. alone, requiring her sister Retta to stay closely at home, which renders her sis­ 'l'hc ASSIST.ANT ADJUTANT·GE~"ERAL. ter less able to provide for their mutual maintenance, which, howe>er. Retta Headquai·ters of the Army, Washington D. C. per~onal doe!:! by her labor as best she can under these circumstances. That A copy respectfull~: furnished the Assistant Adjutant-General, headquarters they a.re both without any means of support or property other than the little of the Army, New York. furniture in their rooms. Your committee recommend t.he passage of the bill, amended by strikin"' out the name" Retta Horrell and" and inserting "twenty," instead of '•ten e:cb" [Kew York llerald, .April 20, 1861.) nn.d making ·•no.mes" and "daughters" singular number, "name" a~d THE t;NITED STATES .4.RllOI!Y A'l' HARPER'S FERRY DESTROY.ED, "aaughte1·." ' . WASHINGTON, Ap1•il 19, 1861. The amendment recommended by tbe committee in the concluding General Scott bas just received a telegraphic dispatch from Captain Kings­ paragraph of the report was rearl and agreed to. rnry, :otating that l~e had burned the a1·my buildings, the troops haviug evacu­ The bill as a.mended was ordered to be engrossed and read a third ate Volunteer Infan.try, and pay part from our ordinary practice. him a pension of S50 a month in heu of the pension he is now receiving. Mr. MORRILL. I ask unanimous consent that this bill be laid aside The report (by l\Ir. LA ws) is as follows: informaUy, retaining its place. The Committee on Invalid Pensions, to whom was referred the bill (H R. Mr. WHEELER, of Alabama. I ask unanimous consent that the 94.36) granting an increase of pension to E.T. Hanlon, submit the following 're­ bill go over until Wednesday next along with the tbree bills included port: Claimant enlisted August 11 1862, OompanyE, Fifty-second Ohio 'Volunteers in the previous order, and that the previous question be considered as and was honorably dischargea1 May 16, 1860; was pensioned at SO a month fro~ operating a.lter debate of half an hour. May 17, 1865, and at 12 a month from Augast24, 1881; at $24 a month from Jan­ Mr. MORRILL. I have no objection to that. uary 31, 1883, and at $30 from March 3, 1883, for chronic diarrhea, inflammation of stomach and bowels, and for rheumatism. Filed application for increase The SPEAKER pro tempore. Is there objection t.o the order proposed May 8, 1888, which was rejected July 9, 1889, on the ground tbat no injustice had by the gentleman from Alabama [Mr. WHEELER]? been done claimant by former rerating. Mr. TARSNEY. Before the order is made, I wish to inquire for in· Witnesses testify that claimant has been unable to transact any business sin co 18i9 and that he is unable to perform manual labor. His officers testify to his formation wbeth~r this officer died in the service. · worth as a soldier and to his great sufferings in the Army by reason of sun- Mr. WHEELER, of Alabama. He did. stroke and other ailments. • The SPEAKER JJro te:mpore. The Chair hears no objection to the Testimony of one physician and several neighbors, taken July 1890 shows present t:on!lltion of claimant to be one of total inability to perfo;m ar{y labor order proposed by the gentleman from Alabama [Mr. WHEELER], and of any kind, and that he is confined to his room and bed a considerable rortion that order will be considered as made. of the time, aud that· he is a constant and ~reat sufferel'.

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1890. OONGRESSIONAL RECORD-HOUSE. . . 10259 ~ ..

Your committee are of opinion that claim for an increased pension is a just in not allowing the claim; but the conviction forces itself upon the committee , .. one and recommend that the bill do pass. with irresistible force that his death must have almost immediately followed his discharge from hospital, and, of course, in fact, the circumstances must b~ The bill was ordered to be engrossed and read a. third time; and it mere conjecture, but it was doubtless so, that be was unknown, as no knowl­ was accordingly read the third time, and passed. edge ever re.'\ched any of bis friends of the fact. In any ordinary matter this absence for this length ot time.' taken in connection with bis sickness at an~ WILLIS BROOKS. preceding his discharge, wou\a be treated as conclusive of death, and_,.if so, ~t Mr. McRAE. I a~k the present consideration of the bill (H. R. would reasonably follow that that death must have occurred almost unmed1- ately after the discharge. 11306) to pension Willis Brooks. At this session of Congress the Senate, in Report No. 107, in the case of Cath­ The bill was read, as follows: erine l\Iorris, has treated such ahsence as evidence of death, and this committee, Beil enacted, etc., That the Secretary of 'the Interior be, and he is hereby, au­ in Report No. 523, has adopted in the same case the Senate report to this effect. thorized and directed to place on the pension-roll the name of Willis Brooks, The same rule in such a matter should govern in matters relating to pensi<111s of Longview, Ashley Coanty, Arkansas, who served as private in Captain as well as any other affairs in business. Therefore, believing that the said House's company, Major \Vebb's baUa.lion Alabama. Volunteers, Creek war of soldier died as stated above, we recommend the passage of the bill. 1836, and pay him the same pension as i~ allowed by law for service in the war The SPEAKER pro tempore. The question is on ordering the bill to 1812. of be engrossed and read the third time. The report (by Mr. DE LANO) is as follows: Mr. TARSNEY. How is it that the report in this case traces the The Committee on Pensions, to whom was referred the bill (H. R. ll306) grant­ history of a soldier name·d Rawlins and yet the pension is in the name ini:? a pension to \Villis Brooks, have considered the same, and report: The War Department reports that Willis Brooks was a private in Captain 0£ a woman named Hibbard? Has she been married since or has she House's company, Major Webb's battalion, Alabama Volunteers, <;reek War, a. husband living now? from June 2, 1836, to September l, 1836. The SPEAKER pro tempore. This bill was reported by the gentle­ M. D. Boyd and T. C. Phillips, citizens of Ashley County, Arkansas, swear that they ha Ye been acquainted with the claimant for forty years, and know man from Iowa [Mr. FLICK]. He oon probably state the circumstances. ~hat he is seventy-four years old, a cripple, and unable to work; also that he is Mr. TARHNEY. I would like to know before we pass the bill in needy circumstances, having no income or mean'.! of support. whether we are going to enter upon the practice of pensioning a. wo­ The bill seems to be a meritorious one, and your committee therefore recom­ mend its passage. man as a widow who is not a widow. The bill was ordered to be engrossed and read a third time; and it Mr. LANSING. Let the bill be again reported. was accordingly read the third time, and passed. The bill was read at length. Mr. LANSING. Now, this man disappeared twenty-five years ago, MARY Y. DEWEES. and under the limitations of the pension act she would receive pension Mr. ROWELL. I desire to call up the bill (H. R. 11457) to in- from the time of his disappearance if the bill wa3 passed in 1.ts pres- •. crease the pension to Mary Y. Dewees. ent shape. The bill was read, as follows: .M:r. MORRILL. Oh, no; but from the passage of the act. · Be it enacted, etc., That the Secretary of the Interior be, nnd he is hereby, au- Mr. LANSING. That is not the eftect of this bill. t.horiz~ an~. directe~ to pay Mary Y. Dewees, wido'!_of Thomas B. .De:wees. I Mr. MORRILL. That is the provision of the law. late maJor :JSmtb Umted States Cavalry, the sum of ~10 per month, m lieu of Th SPEAKER t Tb Cb · h · d tb t the amount she is now receiving. e pro empore. e air as examme e repor Mr. KILGORE. Let the report be read. and does not find anything in it except that the bill proposes to pen­ sion a 1\:lrs. E. A. Hibbard, widow of E. P. Rollins, and does not seem The report was read, as follows: •. to enter into any explanation as to why thi!3 change of name appears. - Thomas B. Dewees entered the service of the United States as :i. private Sec­ ond Dragoons in March, 1858. \Vas promoted corporal a.nd sergeant in 1&59. The Chair will direct the bill to be laid aside informally for the pres· In 1861 was promoted secand lieutenant for faithful services in his own regi­ ent. ment; promoted first lieutenant the same year. \Vas brevetted captain for gal­ JONATHAN S. BBL.~K. lant and meritorious services at the battle of Beverly Ford, Va. In the battle of Beverly Ford he was severely wounded, bis face having been split open by a. On motion of Mr. SCRANTON, by unanimous consent, the bill (H. saber wound. He was captured, taken to Libby prison, transferred to Macon, Ga., and thence to Columbia, S. C. He escaped from Columbia, walking bare­ R. 3647) granting a pension to Jonathan S. Brink, was consideied. footed to Knoxville, Tenn., where he rejoined the Union armies. In 1866 he The bill is as follows: WM appointed captain of the Second Cavalry. He served on the plains under Be it enac!ed, etc., That the Secretary of the Interior be, and he is hereby, au­ Gener-als Custer, Crook, M~rritt, and Miles, taking fart in every campaign thorized and directed to place on the pension·roll, subject to the provisions and against the Indians. In 1880 he was appointed majoro the Ninth Cavalry, and limitations of the pension laws, the name of Jonathan S. Brink, dependent General Sheridan placed him in command of Fort Reno, Indian Territory. father of John Brink, late of Company K, Eleventh Pennsylvania Volunteer \Vhlle at Fort Reno he drove the Payne boomers out of Oklahoma. In the Cavalry, war of 1861: Provi.ded, That this pension shall begin on the 2ith day campaign against the Sioux Indians his face was frozen, his old woands broke of March, A. D. 1873. out, and he \Vas crippled with inflammatory rheumatism. In 1881, while en­ gaged in active campaign against Indians be was stricken with stricture of the The report tby ?ilr. CRAIG) is as follows: resophagus. He died of cancer in 1886, after long and excruciating suffel'ing. Tbe Committee on Invalid Pensions, to whom was referred the bill (H.R. An amendment reported by the committee to strike out "$?0" and 3647) granting a pension to Jonathan S. Brink, having considered the same, re· port as follows: insert "$40" was read and agreed to. John Brink, the only son of the above-named claimant·, enlisted as a pl'ivate The bill as a.mended was ordered to be engrossed ruid read a third in Company K of the Eleventh Regiment of Pennsylvanig. Cavalry, to serve time; and it was accordingly read the third time, and passed. three years, and was duly mustered into the United States service on the 26th day of August, A. D.1861. E. A. HIBBARD. On the 3d day of April, 1863, hewaa regularly discharged from the service of the United States by reason of the resection of 8 inches (including the artic­ Mr. HAYES. I desire to call up the bill (H. R. 1869) granting a. ulation) of the right humerus, resulting from a gunshot wound received in pension to E. A. Hibbard. the service and in the line of his duty, at Windsor, Va., in January, 186.1. ,­ The bill was read, as follows: For the injuries resulting from this wound the soldier was duly pensioned by . - the (Tnited States at the rate of Sl8 per month by certificate No. ~8, the rate B e it enacted\ etc. , That the Secretary of the Interior be, and he is hereby, au­ of pension granted in itself showing the gravity of the~ injury he had austained. thorized and directed to place on the pension-rolls, subject to the provisions and Tlie soldier was killed at La Grange, in the State of Kentucky, on the 25th limitations of the pension laws, the name of E. A. Hibbard, now of Omaha, day of March, A. D. 1873. . Nebr., widow of E. P. Rollin.s, late of Company H, Thirty-filth Regiment of On the 9th day of April, 1880, Jonathan S. Brink filed a claim for pension as Iowa Infantry. dependent father of John Brink, which claim was rejected on the ground that :Mr. KILGORE. I call for the reading of the report. the death cause had no relation to the injuries incurred in the service. The following facts are ascertained from the evidence on file in the case: The report (by Mr. FLICK) was read, as follows: Jonathan S. Brink, this claimant, is an old .man, sixty-eight years of age, with The Committee on Invalid Pensions, to whom was referred, the ·bill (H. R. no property whatever, wholly unable lo perform manual la\>or, and entirely de­ •' 1869) gI'&nting a pension to E. A. Hibbard, ·widow of E. P. Rollins, submit the pendent for support on persons not legally bound to support him. The soldier following report: was his only son, and in every way, including the payment of portions of his The soldier, E. P. Rollins, enlisted in Company H, Thirty-fifth Iowa.Infantry, penf'ion mor,iey, acknowledged his obligation to aid in t·he support of his aged Auirust 9, 186i, for three years. He was injured in line ·of duty by a gunshot father. The mother died in February, 1853, having been married to this claim­ wound, losing a finger, and also received injury to his knee. Following thit!, ant on the 26th day of August, 1813, and that the soldier was never married. he was transferred to the Veteran Reserve Corps, and on March 9, 186.5, received The only testimony obtainable as to the manner of the death of the soldier is a certificate for di.scharge, on the ground that he had not been a.ble for duty for contained in the statement of the telegraph operator that he was killed by fa.11- -. three months, and on this certificate was discharged March 21, 18&5, at Indian­ ing off the ca.rs and that this accident happened because of the crippled condi­ apolis, Ind. tion of the soldier's right arm. On this point the surgical description of the The records of hospital treatment show that he was at P.H. Burnside bar­ wound and its results, as given by Dr. H. S. Cooper, the family physician, be­ -., racks, Indiana.polis, Ind., from January 24 t.o February 25, 186.5, complaint not comes import.ant. The doctor's language is as follows: - stated, and from Febr11ary 26 to March 21, 1865, sufferiug from chronic diarrhea, "I saw him immediately after his return from the Army, at which time I ex­ - . and on that day was discharged in accordance with certificate above mentioned; amined his wound. A ball or other mis. ile had passed through the right hu­ and, without· givinir date!!, we will say that he was also reported sick repeat­ merus and some seven or eight inches of the bone had been resected, and the . - edly durin~ the years 1863 and 1864.. resection practically destroyed the use of the right arm. The power of prehen. ' Now, from the date of this discharge, when he would presumably start home, sion was gone, and there was no strength comparatively in the member. Any he has never been heard from, and letters on file show that nothing has been violent or sudden movement of the body reqniring the use of that arm for the heard from him by bis wife or bis relatives, and that th.ey have taken every purpose of maintaining his equilibrium would entirely upset him, and hence .. . meo.ns to trace him out, but all without success. he was, from the crippled condition of bis arm, far more liable to accidents than These letters state, as an argument for believing that he is dead, that his rela­ other men of his age. The lack of power in this arm was, in all probability, tions with his family and friends were such that there would be every reason the prime factor in producing the a$)cident, since no reliance could be placed on to suppose that he would return to them; and they also recite, as facts justify­ his right arm." ·- ing th.is same belief, that be himself has never made applica-tion for pension, This statement is corroborated by the testimony of Benjamin M. Green. I I. back pay, or bounty, although it seems clear that if living he would have been Under all the facts of this case your committee are of the opinion that the entitled to some, or all, of these claims. claimant is equitably entitled to the relief prayed for, and we therefore recom­ It is, of course, under the circumstances, utterly impossible to show either act­ mend that the bill do pass, amended by striking out all the words after" sixty­ ual death or date of death, and so the Pension Office wrus doubtless justified one."

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. ' .. \ 10260 CONGRESSIONAL RECORD-HOUSE. SEPTEJ\:IBER 19,

The amendment recommended by the committee was adopted. ence, and also participated in a battle in which said organization was engag'ed, The bill as amended was ordered to be engrossed and read a third time; and where it performt!d gallant and meritorlons service, 110 that the Department has ~o hesitation in t:xpressing its regret that the provisions of said act (the and being engrossed, it was accordingly read the third time, and passed. l\1~x1can war-service a.ct) ca.n not be extended to him, and to his comr11.des of so.id command, e.nd its belief that this cla.im affords a meritorious and com­ ELLEN FINNERTY. mendable case for Congressional action." Ou motion of Mr. ANDREW, by unanimous consent, the bill (H. R. It may be stated that the claimant's service has received recognition from the Government by the allowance to him of a warrant for bounty land. 7184) grantin~ a pension to Ellen Finnerty was considered. The cle.imant is now about sixty-fi;e years old and in poor and needy cir­ The bill is as follows: cumstances. Be it c11actccl, etc., Tbnt the Secretary of the Interior be, and he is hereby, au­ Your committee, believing the case to lie one of exceptional merit, respect­ .· tftorized and directed to place on the pension-roll, subject to the provisions and fully return the bill with the recommendation thatit do pass, amenrled, how­ limitations of the pension Jaws, the name of Ellen Finnerty, mother of Thomas ever, as follows: By striking out all after the word "month," in line 7; also J>, Finnerty, lat~ of Company K, First Me.sso.chusetts Volunteer Infantry. by inserting, after the word "battalion," in line6, the words" attached to Colo­ nel Doniphan's First Missouri Regiment; " also by changing the name "Co­ The report (by Mr. FLICK) is as follows: been" to ''Cabeen" wherever it occurs. The Committee on Inn\lid Pensions, to whom wns referred the bill (H. R. The amendments recommended by the committee were adopted. 718-1) granting a pension to Ellen Finnerty, submit the following report: Ellen Finnerty is the dependent mother of Thomas P. Fmnerty, who was a The bill as amended was ordered to be engrossed and read a third time; member of Company K, First Massachusetts Infantry. Thomas P. Finnerty and being engrossed, it was accordingly read the third time, and passed. was o. good soldier, and was wounded in the bead by gunshot wound in action; The title of the bill was amended to conform. from this wound epilepsy wa.s developed, and w ith which he was a.fiticted up to the date of his death. · Ellen Finnerty is seventy-two yea.rs old, almost totally helples!: and destitute, JA)IES .A. RlCE. and for years prior to the death of her Son depended on him forsupµort, he re­ maining single and using bis earnings to support her. Sheapplicd for pension, Mr. KINSEY. I ask unanimous consent for the present consider:l­ which was rejected on the ground that the soldier's death was not attributable tion of the bill (H. R. 5587) for the relief of James A. Rice. to his army service. The bill was reacl, as lollows: '.fhe testimony snows that the i;oldier was killed by being thrown from a. rail­ road track by a locomotive. One witness testifies that she saw him walking on Be it enactecl, etc., That the Secretary of War be, and he hereby is, directed to the railroad track in front of an approaching train, carrying bis shoes in his i·emo,·e the charge of desertion from the record of Jo.mes A. Rice, le.re o. private hands and gesticulating wildl~· with his arms, and he was found dead in close in Company F, 8eventh Kentucky Infantry Volunteers, and to issue to him an proximity to where she saw him, with one leg broken and body bruised, un­ hon oral> le discharge as of the last date when he was present with said regiment. doubtedly by the engine before mentioned. The report (by :Mr. KINSEY) was read, as follows: ' , The evidence shows he was olten afliict.espectfully report: Your committee believe from nil the testimony in this case that the soldier James A. Rice was enrolled September 10, 1861, as o. private in Company F, came to his death by renson of an attack of epilepsy, and that therefore this Sev~nth Kentucky Volunteers. to serve three years. ~ hill should pass. On April 3tJ, 1862, he was reported as ha vlng dese1·ted April 2, 1862, at Camp The bill was ordered to be engrossed and read a third time; and Carter, and the muster-out roll, dated at. Louisville, Ky., October 5, 1864, reports being engrossed, it was accordingly read the third time, and passed. him deserted at Cumberland Ford, Ky., April 7, 1862. This soldier was enrolled July 20, 1863, in Compe.ny G, F'orty-ninth Kentucky MARTHA. LEACH. Mounted Infantry \.·olunteers, to serve twelve months, and was mustered out with Company F of that regiment on December 26, 1861. l\Ir. COGSWELL. I Mk unanimoas consent for the present consid­ It appears very clearly from testimony submitted to your committee that he eration of the bill {H. R. 11577) granting a pension to Martha. Leach. was left at Camp Carter sick with typhoid fever at the time he is reported as The bill is as follows: having deserted; that he got~ discharge from the hospital there, was taken care of at the house of a :\Ir. Haker for two weeks, nnd was then removed to the Be it enacted, etc: •• That the Secretary of the Interior be, and he is hereby, au­ home of his father in llarland County, Kentucky, 'vhere he remained sick four thorized and directed to place on the pension-roll, subject to the provisions or fi\·c months. nnd limitations of the pension laws, the name of l\fnrtha. Leach, who was the In the mean time his regiment had moved into a part of Kentucky which was widow of Robert Morrison, private in Company H, One hundred and fifth Regi­ then difficult·to reach, and it also appears that he did not know just where the ment Pennsylvania Volunteers. regiment was. Having fully recO'irered from his illnesc:;, J.\Ir. Rice enlisted in Company G The report (by Mr.CRAIG) is as follows: Forty-ninth Kentucky, as stated above, being assured at the time by the captai~ 'l'he Committee on Invalid Pension9, to whom was referred the bill (H. R. of his company, as is clearly shown, that a transfer from the Seventh to the 11'>77) granting o. pension to l\Iartha Leach, submitted the following report: Forty-11intb Kentucky Regiment would be secured for him. Your committee Thqt 1\Iartba. Leach was the widow of Robert l\Iorrison, Company H, One are of opinion that this soldier never had any intention of desnting the sen-ice hundred and fifth Pennsylvania. Volunteers, who enlisted August 29, 1861, and and that his absence from tlie Seventh Kentucky is satisfactorily explained. rlied of wounds at the ·wilderness, Virginia., May 12, 1861; that she was pen­ 'Ve therefore recommend that the bill do pa..c:;s with th~ following amendment: Fioned as his widow until September 23, 18ti9, when she married Patterson Leach; Strike out all after the word "the,' in line 7,nnd insert in lieu thereof "7th day that said Leach died Augustl7, 1889; that she is nearly sixty years of age, in very of April, 1862." pcor health, and has no meaus of support other than daily labor, which she is unable to perform. The SPEAKER pro te111pore. '.J'he question is on agreeing to the You committee recommend the passage of the bill. amendment recommended hy the committee. The bill wa.s ordered to be engrossed and read the third time; and Mr. T ARSNEY. I would like to inquire of the gentlemen on the being engrossed, ib was accordingly read the third time, and passed. commHtee who have investigated this case if in 1863, when this soldier re-enlisted in another he got bounty, a.nd why be was not RICHARD A. CABEEN. regiment~ a able to rejoin bis own regiment, it being in the same State where be On motion of Mr. FLOWER, hy unanimous consent, the bill (H. R. re-enlisted. This is an explanation, I think, due to the House before 35~H) to grant a pension to Richard C. Cobeen was considered. we undertake t-0 Jla'SS this bill; and if there is any explanation in the It is as follows: papers before the committee I think we are entitled to them. Be it enacted, e(.r., That the Secretary of the Tnterior be, and hereby is, nutbor­ Mr. KINSEY. This bill, Mr. Speaker, comes from the Committee ized and directed to place on the pension-roll the name of Richard 0: Col>een, who was a. soldier jn Company A, in Owen's Battalion, in the Mexican war, and p&.y on Military Affairs, where it was investigated. No bounties were paid him a. pension of 88 pj'lr month, c11mmencing January 29, 1837, the date of the in Kentucky at that time-- act entitled "An act granting pensions to the soldiers and sailors of the 1\Iexi­ Mr. TA.RSNEY. The United States Government was paying boun­ cnn w:u·, and for other purposes." ties in 1863. The report (by l\Ir. HILL) was read, as follows: 1\fr. KINSEY. No bounty was paid there at that time. The Committee on Pensions, to whom wa.s referred the bill (H. R. 3534) grant- l\Ir. TARSNEY. The Government of the United States gave a ing o. pension to Richard C. Caiieen, have considered the same and respectfully bounty wherever the person was enlisted, anywhere in the United subinit tlte following report: S ·, The claimant was a. private in Ca.pt. E. J. Glasgow's company, which was at- tates. tached to Colonel Doniphan's First l\Iissouri Volunteers and rendered service l\Ir. KINSEY. There is no evidence that he received a bounty. from February ll, 1847, to April 5, 1847, in the wnr with l\Iexico. A portion of the report shows that he did not intentionally desert The applicant filed his declaration June 2, 1887, claiming a service pension as the Army, but the condition of the State of Kentucky was such at that a !>urvivor of the Mexican war under the provisions of the act of Conj?ress ap- proved January 29, lR87, but the Pension Bureau re~ected the claim July 25, time that he could not rejoin his own reg;iment, being unable to ~~·n~~~~~ ~:sf!~~~.i1~~~~r1 ~\jn~r;;ig~~~~~e:~i:~ic the claimant belonged get to that part of the State. It appears that he enlisted in the Forty- The records of the War Department eontain no evidence of the existence of ninth Kentucky Regiment, and was assured at the time by the cap­ the organization to which the elaima.nt belonged, but it appears from the evi- tain of his company that a transfer from the Seventh to the Forty­ denee on Hie and the applicant's statements that his company was organized hy ninth would be secured for him. command and ~uthority o~ Col. A. W. Doniphan, of th~ First Misso.uri Volun- l\Ir TARRNEY Does the report so stn.te? teers, commandrng the Umted States forces operatmg tn New Menco known M.i: • KINS•EY ·y ~ · as the "Army of the West." r. . es. The comp•111Y was organized out of the tenmsters, traders, and camp-follow- Mr. TAHSNEY. I do not think it was read. It is a very material ers generally that bad accompanied Colonel lJoniphan's command in the Cllm- 1 f: t .f b d" 1 d th 1 t t th t' th h b 1 d t h paign known as "Doniphnn's expedition" to meet a. temporary military emer-1 ac 1 • e. ISC ose e. ac a e lllle at e e oµ~e o anot er gency tbat a.rose near the city ot Chihuahua, m l\lexico. The claimant was a. orgamzat1on and was informed that a transfer would be secured, and trader in l\Ie~ico and was p:e~sed int~ tile service together with other.ti:aders '?Y would make a material difference in the case. ij~tlLl~.cl Domphau and while so servmg actually boree.rms and part1c1pated rn Mr. KINSEY. I ask the Clerk to read that portion of the re· The Secretary of the Interior, in sustaining on appeal the rejection of the port. claim on the ground tha.tthecla.ime.ntwn.s notregule.rly enlisted into the United The Clerk read as follows· I' Ste.tes service, uses the following langnage: · "It appears from the evidP.nce that the appellant performed faithful 11ervice Mr. Rice enlisted in Company G, Forty-ninth Kentucky, ns staled o.bove, be- during the short time ti int said organization to which he belonged was in exist· ing assured at the time by the captnin of hir, compl\ny, ns is clearly shown, that

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.' , . ;• .,, \ . ..-'• I•• ...... 1890. CONGRESSIONAL RECORD-HOUSE. 10261 '

a transfer frnm the Seventh to tlJC Forty-ninlli Kentucky Regiment would be affidavit of the father, Lemuel Shortridge, who is vouched for by RepresentntiYe secured- OWEN ns a. mo.st reputable gentle=an, is as follows: Mr. TARSNEY. That is sufficient. I have no o~jeclion. STATE OF INDIA.NA, Jasper County, ss: The amendment recommended by the committee was .adopted. Lemuel Shortridge, first being duly sworn, on his oath says his son Ireneus, late of Company B, Sixty-third Indiana Volunteer Infantry, came home from. The bill as amended was ordered to be engrossed and read a third time; Indianapolis, lnd., on three dnys' furlough on or about September25, 1862,and :Uld being engro8Sed, it wns accordingly read the third time, and passed. did not return to bis regiment at the expiration of his said furlough on account ., of his being very sick, so much so that he was totally incapacitated from travel MAJ. HENRY A. READ. or being otherwise removed. Affiant further swears that he notified Col. Will­ Mr. SMITH, of Arizona. I ask unanimous consent for the present iam Williams, commanding officcir of the 8ixty-tltird Inuiaaa. Volunteers, that .~ his son was unable to return on account of sickness. consideration of the joint resolution (H. Res. 111) for relief of Maj. The said colonel, by threats of force, demanded his return, upon receipt of Henry A. Read. which I at once informed him that I would institute habeas corpus proceedings, The joint resolution was read, as follows: which I did, and had him discharged December 2, 1862. Alliant further swears that during the interim which elapsed between his son's furlough and discharge Whereas Henry A. Read, late major of tile :Ninety-ninth Pennsylvania. Volun­ (from September 25, 1862, to December 2, 1862) he was at home, and was with and teer Infantry, was dismissed the sen-ice of tho United States on the 19th day of under his control. February, 1863; nnd . LEMUEL SHORTRIDGE. Whereas the President of the United Slates by the following letter from the Secretary of 'Var to the governor of Pennsylvania. did remove the disability Subscribed and sworn to before me this 21st day of July, 1890. resting upon the said Maj. Henry A. Read, by reason of said dismissal, in the JACOB M. TROXEU,, subjoined order, to wit: · Jus:icc of the Peace. "'VAR DEPARTME~'T, ADJUTAXT·GENERAL'S OFFICE, Your committee amend t.he bill by 11.dding at the close <•f line 7 as follows: "No't'eml.Jer 2, 1863. "Sai. lreneus Shortridge, a. minor, enlisted in Compa.nyB, Sixty-third Indiana, Feb­ ict: as an army nurse July 6, 1863, being duly commissioned by Miss Dix and ruary 15, 1S62, but is reported on the muster-roll October 31, 1862, as having de­ the 'Vestern Sanitary Commission. She was assigned to duty at 'Vebster Hos­ serted. The record and pension division of the 'Var Depa1·tme11t makes the pital, ::\Iemphis, Tenn., and served there acceptably to December 7, 186.'3· she following report of the case: was then transferred to Gayosa. Hospital, serving until November J, 1864.' Case of Ireneit.$ Shortridge, late, private Oonip .:;my B, Sixty-thil'cl Indiana Volunle:!f·s. l\Irs. Onderuonk has her commiBSion and order on file. From exposure aod fatigue in caring tor the sick and wounded l\Irs. Onderdonk suffered from an RECORD AND PENSION DIVISION, llfay 20, 1890. nltaek of brain fever, and had hardly recovered when she was attacked with Ireneus Shortridge, priYale Company B, Sixty-third lndia;ia Yolunteers,was camp fever and pneumonia. From the sickness incurred in the service she has enrolled (as eighteen years old) on February 15, 186~, to serve three years. He ne,·er recovered and is a constant sufferer from ner'\ous debility and is unfitted was present with bis company on June 3U and August 31, 1862; but on the mus­ to labor. ter-roll of October 31, 1862, he is teported "absent, deserted September 23, 1862, In ,-iew of these circumstances the passage of the bill i~ recommended. Indianapolis." He never i·eturned to his company, which was retained in serY­ ice until l\Iay 3, 1865. The muster-out roll gives as date of his desertion Octo­ The bill was ordered to be engrossed and read a third time; and being ber 16, 1862. engrossed, it was accordingly read the third time, and passed. The records on file at the War Department fail to show that he was ever ar­ rested: but a transcript from the records of the Cass Coun£y (Indiana) circuit LOUIS P. N'OR08. court shows tha.t a. writ ot habea..'! corpus was issued on a petition of Samuel Shortridge, for release of his son from service a.s a c;oldier; thnt the cause was l\Ir. RANDALL. Mr. Speaker, I ask unanimous consent for the ht>ard before Horace P. Biddle, presiding jndge, eleventh circuit, Indiana, on present consideration of the bill (H. R. 9245} granting a pension to December 2, 1062, and thnt the judge made the following order: "December 2; Louis P. Noros, late of the Jeannette expedition to the Arctic Ocean. partie.:i appeared, pleadings were had, and evidence heard. It appearing that tho said lreneus enlisted without his father's consent before ho was eighteen The bill was read, as follows: years old he is discharged." B e i t enacted, etc., '£hat. the Secretary of the Interior b~. and he is hereby au­ No testimony is on file at the \Yar DeparLment to show the whereabouts of thorizt:d and directed to place upon the "pension-rolls the name of Louis P. this soldier from about September ~. 1862, when he is reported as having de­ Noros, late of the United Smtes ship Jeannette, in the expedition to the Arctic serted, untiJ pronounced released from service as a soldier, on December 2, Ol·ean,and allow him a pension at the rate offiS per month. 1862, by the judge of a State court, which is held not to be a court of competent juri'>diction lO release soldiers from the service of the United States. The amendment recommended by the committee was read, as fol­ IIis applic.'1.tion for removal of the charge of desertion was rejected in 1886 be­ iows: cause the records fail to show Lhat this soldier was ta.ken from bis company by Insert, after the words ••pension-rolls," in line 4, the words "subject to th<: writ of habeas corpus. but on the contrary show that he deserted two months provisions and limitations of the pension laws;" also strike out a.II after the prio r to the proceedings in bis case by a State court. word ·•ocean," in line 6. Hince 1886 the status of the rose hns not been changed. Respectfully submitted. The report (by ~fr. RANDALL) was read, as follows: F. C. AIXSWORTH, The Committee on Pensions, to whom was referred the bill (H. R. 92-!5) grant· Captain and Assistant 8tt1'geo11, U. 8. Anny. ingn. 11ension to Louis P. Noros, have considered the same and beg leave to sub- The SECRETARY 01'' WAR. mit the following report: . The father of Ireneus testifies that the boy came home on furlough sick, antl The records of the Bureau of Navigation, Navy Department, show that tllc was utterly unable to return at the date of its e:;;piration, and continued ill and claimant enlisted at ~ew York May 17, 1879, a.s a sea·man for the cruise of the unable to travel, and thl\t he proceeded to the Cass circuit coua·t, State of ln•li­ United States Arctic steamer Jeannette aud served on board of that vessel until ana, nnd sncccssfnlly prosecnted a writ of habeas corpus for hb i·elease. The she was lost, and subsequently in the search for Lieutenant-Commander De

.• .! .- ; .· 10262 CONGRESSIONAL RECORD-HOUSE. . . -. SEPTEMBER 19,

_. Long and party, and was finally dist!harged from the service on June 1, 1883, at He was mustered into the volunteer service Jnne W, 1861,as lieutenant-colonel, )Vashington, D. C. Eleventh Massachusetts Infantry, and commissioned colonel October U, 1861. In his petition for relief the claimant declares tluit his health antl bodily vigor He received the brevet of brigadier-general of •olunteers, June 2.3, ~."for ba'"e been impaired by thP. terrible hardships,exposur~tand sufferings endured gallant and distinguished conduct." He set'\·ed continuously with bis regi­ in the frozen regions otthe north, and as time goes by me effect.B of that ordeal ment in the Army of the Potomac to .Tuly, 1863; on recruiting service in Boston, become more and more visible. He can now perform only the lightest kind of Mass., to November, 1863; commanding First Brigade, Second Dirlsion, Third Jabor, and he finds himself, through no fault of his own, unable to earn a Jive­ Corps, to Jllareh24,1864; commanding bis regiment to June 20, 1864, and wus in Jihood nt the ordinary employments which, werehishealth not impaired, wonld command of the Second Brigade, Second Division, Second Corps, to June 23, "be open to him. 1864, upon which date he was killed in action before Petersburgh, Va. Tbe claimant further declares that when the J"eannette was abandoned in the The evidence before the committee shows that he was recommended for pro­ ice he was a member of the boat's crew of Lieutenant De Lon&:i. that when, after motion to the rank of brigadier-general by Major-Generals Hancock, Hum­ a thousand miles' journey in the boat, the party landed at tne mouth of the phreys, and Sickles for ga.llant and meritorious services in the battles o.nd opera­ Lena River their provisions were exhausted and the men worn out with fa­ tions of the lst, 2d, and 3d of May, 1868; by General Prince, for the manner in tigue and eX})osure; that then Seaman Nindemannandhimselfweresentahead which he commanded the First Brigade, Second Dl>ision, Third Corps, in the for food and help; that after a journey of sixteen days, during which they en­ battle of the 27th of November, 1863. Ilis widow, this applicant, is now poor dured the most terrible pri>ations from hunger and cold, they reached a camp and dependent. of natiYes and it was th1·ough the eftorts of Seaman Nindemann and himself The committee are of th~ opinion thalt the pension in this case be increased that tlle bodies of Lieutenant. De Long and his companions were recovered :ind from $30, her present pension, to 550 per month, and that said bill be so ameudccl, the i·e cords of the expedition preserved. · ~nd when so amended that said bill do pass. Go,·erno1• Brnckett, of Massachusetts, seven members "f the governor's coun­ cil, Hon. ll. C. llartwell, president of the l\Iassachusetls senate, Hon. )V. E. The amendment recommended by the committee was agreed to. Barrett, speaker of the Massachusetts house of representatives, and forty-nine The bill as amended was ordered to be engrossed and read a third members and senators of the Legislature of that State, indorse the claimant's time; and being engrossed, it was accordingly read the third time, and petition, and ask that the relief prayed for be granted. After n. review of the facts your committee recommend the passage of the bill passed. with tbe followiugamendments: Insert after the word "pension-rolls," in line JA11E.S M'l\IULLU. 4, the words" subject to the provisions and limitations of the pension Jaws;" also strike out all after the word "ocean," in line 6. :Mr. YODER. Mr. Speaker, I ask unanimous consent for the pres­ Tlie amenoments of the committee were agreed to. ent consideration of the bill (H. R. 5869) granting an increase of pen­ Tim bill as amended was ordered to be engrossed and read a tbfrd sion to James .Mc'Mnllin. time· and being engrossed, it was accordingly read the third time, aud The bill was read, as follows: Be it enacted, etc., That the.Secretary of the Interior be, and be is hereby, au­ pas. etl. thorized and directed to place on the pension-roll, subject to the provisions and IR.:\. AGA...'\. limitations of the pension laws, the name of James l\lcMullin. late of Company I, One hundred and eighteenth Regiment New York Volunteer Infantry, and Mr. KILGORE. :Mr. Speaker, I ask unanimous consent for the the Sixth Regiment United States Cavalry, at the rnte of "40 per month, in present consideration of the bill (H. R. 10727) granting a pension to lieu of the pension he is now receiving. Ira Agam. 1\Ir. KILGORE. Let the report be read. The bill was read, as follows: The report (by Mr. DE LA.NO) was read, as follows: Beil enacted, etc., Tho.t the Secretary of the Interior be, and he is hereby,auLhor· The Committee on Pensions, to whom was referred the bill (II. R. 5.969) grant­ ized and directed to put the name of Ira Aga.m, late a corporal, Company C, Sec· ing an increase of pension to James Mcl\Iullin, ha>e considered the same and ond Regiment United St.ates Dragoons, on the pension-rolls, subject to the report as follows : Umitations and provisions of the pension laws. In the matter of House bill No. 5869, of Jamel'! McMuUin, we find he enlisted in 1862 in Company I, One hundred and eighteenth New York Infantry, and was The amendment recommended by the committee was read, as fol­ honorably discharged therefrom June 30, 1865; re-enlisted April, 1866, in Sixth -· ~ lows: United States Cavalry; honorably dischR.rfi1:edApr112, 1869; re-enlisted April 5, Amend so a.s to spell t.be claimant's surname Agan, instead of Agam, and also 1869, in same company and regiment, and honorably discharged May 2, 1872. for amend the title in the same manner. total disability; that while a member of the One hundred and ei~hteenth New •, York he took part in ten general engagements, and while in line.of duty at The report (by 1\Ir. DE LANO) was read, as follows: Fort Harrison, Virginia, September 29, 1864, was wounded in left a.rm by gun­ The Committee on Pensions, to whom was referred the bill (H. R.10727) grant­ shot (ball never removed); that while in the Sixth United States Ca>alry, and ing a. pension to Ira. Agam, have considered the same, and report: in line of duty, in an engagement with the Indians near Fort Richardson, Texas, The claimant was; a corporal in Troop C, Second United States Dragoons, from March 7, 1868, he was wounded in right side, ball passing out near spinal col­ January 25, 1837, to January 25, 18!0, and rendered service in the Florida Indian umn. war. • That while in the same company and regiment, at Pilot Grove, Tex., February He filed an application in the Pension Bureau April Ii, 1885, declaring that 22, 1869, he was thrown from a. wa!{on and had h:s leg broken and ankle dislo­ about 1\foy 25, 1839, at Dead Man's Bay, Florida, he was attacked with intermit­ cated while he was acting in line of duty; that while in same company and tent fever, wllich resulted in heart disease. The claimant was unable, how­ i·egiment, on December 26, 1871, he had his feet and hands frozen, necessitating ever, to furnish the proof necessary to show that he contracted the disease in amputation of all his fingers and toes. He obtained at this time and occasion the service, and his application was consequently disallowed. permission of the ranking sergeant of the company to go to Junction City, .Mr. Agan i now seventy-one years old and entirely disabled for the perform· Kans., and on his return, within time of leave, was overtaken by a severe snow­ ance of manual labor. He is a sufferer from rheum.atism, rupture, and disease storm, and the severity of the storm and injuries so by him ~eceived, as above of heart·, and the tec;timony on file traces the last-named disease as far back as set out, impeded his progress in traveling, and he bees.me so sore from wounded 185-t He and his aged wife are entirely destitute of property, and their only leg and anklo and wounded side that he became exhausted, lost bis course in means of support is what his wife earns by weaving carpet. the storm, and had his feet and ha.nds frozen before reaching his company; that The facts are substantiated by the sworn statement.s of .Joseph H. Wetmore, he had no witness to prove these facts, and the records of the company never Alfred 'Yilson, Charles Tyler, and other reputable citizens of Allegan County, showed his leave of absence, and he filed application for pension l\Iay 1, 1879, Michigan. and same was rejected August 11, 1880, for loss of feet a.nd hands, because injury In view of the claimant's service, his great age, disability, and destitution, to feet and hands was not received in line of duty. your committeerecommend the passage of the bill. He was pensioned under the general la.w, however, for gunshot wound of right Amend so as to spell the claimant's surname Agan, instead of Agam, and also side, injuries and gunshot wound of arm. and for broken leg and dislocated amend the title in the same manner. ankle. His military record is- honorable and cleaJ" of stain. At the first session of the Forty-ninth Congress the soldier's pension was in­ The amendment of the committee was agreed to. creased to $20 per month by special act, and at the sa.me time the disability aris­ The bill as amended was ordered to be engrossed and read a. third ing from amputated fingers and toes wn.s included in his certificate. The time; and being engrossed, it was accordingly read the third time, and p~~~~~ ~~~:~~:r°t~! f:ii:e~!nife !~0:~1:~~c!!~1~~tn~:d~r a.':i':l :~Pc\;~~~r~ passed. ranted by hi'3 condition. MARY A. BLAISDELL. After a careful review of all the facts your committee believe that the bill granting this cJa.imant an increase of his pension to $40 per month should pass, 1\lr. CANDLER, of Massachusetts. Mr. Speaker, I ask unanimous and it i'i therefore returned with a. fa>ora.ble recommendation. consent for the present consideration of the bill (H. R. 1(;398) for the The bill was ordered to be engrossed and read a third time; and being r~lief of Mary A. Blaisdell. engrossed, it was accordingly read the third time, and passed. Tho bill was read, as follows: ANN BURNEIT. B{) it e11a.cted, ctr.., That the Secretary of the Interior be, and he is hereby, au· lhol"ized and directed to place on the pension-roll, at tbe rate of$75 per month 1\Ir. GEST. Mr. Speaker, I ask unanimous consent for the present the name of Mary A. Blaisdell, widow of the late General 'Vill'iam Blaisdell, anci I• pay- her a. pension from and after the passage ot this act. consideration of the bill (H. R. 4788) to grant a pension to Ann Bur­ nett. The amendment recommended by the committee was read, as fol­ The bill was read, as follows: lows: Be it enacted, ctc.,-That the Secretary of the InU?rior be, and he hereby is, au­ .In line 5, after the word "of," strij;:e ou~ the word "seventy-five" and insert thorized and directed t.o place upon the pension-roll the na.me of Ann Burnett, , . in lieu thereof the word "fifty." widow of .James ,V. Burnett, who was a captain in CompanyG in the Thirtieth The report (by Ur. FLICK) was read, as follows: Regiment of Illinois Infantry Volunteers, and pay her a pension. at the rate of --dollars per month. The Committee on Invalid Pensions, to whom was referred the bill (H. R. 10398) granting nu increase of pension to !llary A. BlaisdeU, submit the follow­ The amendment xecommended by the committee was read, as fol­ ing report: lows: The claimant is the widow of General William Blaisdell, who was killed in Amend inserting" twenty " in the blank in front of the word "dollars," battle before Petersburgh, June 23, 1864, while in command of the Second by Brigade, Second Division, Second Corps. in lines. General Blaisdell entered the service as private Company H, Fourth United The amendment recommended by the committee was agreed to. States Infantry, January 19, 1841; was promoted corporal July 1, 1841; se?geant Mr. GESr. I ask unanimous consent that the title of the bill be February 1, 1843; transferred to the general recruiting service July 19, l~\.and: at hi own request, was honorably discharged by Special Orders No. 3, Head­ amended so as to read: "Ann Roberts," instead of "Ann Burnett," quarters of the Army, April 22, 18.53. and that the same amendment be incorporated in the body of the bill. During his service in the Mexican war was engaged with his regiment in the first two batt;les under Geneml Taylor, and was under General Scott in every The Clerk read the amendment, as follows: one of his battles, up to the capture of the city of Me:rlco. In the taking of that Amend by inserting, in line 5, nfter the word'' of,' the words "Ann t~ol.Jcrts, city he rccei \"ed two severe wounds. formerly."

_, . .. ' .. ,.,.,. ....~ . ' .· -· -. 1. . ·..._ .... ·' .' 1890. CONGRESSIONAL REOORD-HOUSE.. 10263

Mr. TARSNEY. Mr. Speaker, is !Ir. Roberts, the husband of this He contracted such disease as resulted in rheumatism and diarrhea, woman, now living? which have followed him eversince. Heis"nowpoorandhelpless, and llr. GEST. No, sir. Therepor.thasnotbeenread. Ifthe gentleman an objeet of pity. desires the report can be read. There is no question that the disease was contracted while he wn.s Mr. TARSNEY. She is a second time a. widow,_then? in the .service, acting under the direction of the captain of the com­ Mr. GEST. Yes. pany in which he was regarded ns enlisted, --although he was not ac· The bill as amended was orderecl to be engrossen and read a third cepted as a -volnnteer. It is a case which appeals by its merits as time; and being en~ossed, · it was accordingly read the third time, and strongly as that of any volunteer nurse who has been allowed a pen­ passed. sion under similar circumstances. As to precedents, there are nume-r· The title of the bill was amended to conform to the body of the bill. ous precedents for pensioning nurses who have suffered injury by ... reason of the service they rendered during the time they were engaged .ALEXL°'DER MOORE. in such service. ~Ir. PARRETT. Mr. Speaker, I ask unanimous consent for the pres­ Mr. TARSNEY. Mr. Speaker, I suggest tha.t the precedent es.tab­ -· ent consideration of the bill (H. R. 10456) granting a pension to Alex­ lished is that a nurse must have bad six months' continuous service in : ander Moore. order to be pensioned. This case does not disclose any such record. The bill was read, as follows: Mr.PARRETT. It discloses the record of five months' service. JJe it cnacled. etc., That the Secretary of the Interior be, and he is hereby, au­ Mr. TARSNEY. And farther it appears from this record that this thorized and directed to place on the pension-rolls, subject to the provisions and limitatione connected with the military service of the country. Let us stop Mr. PARRETT. · Yes, I will. before we go another step. The SPEAKER pro tempore. Without objection, the bill will be Mr. HAYES. What committee was this reported from? laid aside informally with the undeTStanding that U sh!i.11 not'lose its ltlr. BELKNAP. FroDJ. the Committtee on Invalid Pensions. place on the Calendar. • ·',." 1i1r. HAYES. I certainly have no objection to this bill; but I have Mr. PARRETT. No, ?rlr.. Speaker, I can not consent to that. a similar bill in that committee, but I have been unable to get any M:r. COLEMAN. You will prevent the passage of any further bills report concerning it. this evening. Mr. TARSNEY. I do not want to object to this one particular bill, The SPEAKER pro tempore. Then, if there is no objection, the bill but it is opening the door to place upon the pension-roll every non­ ·wm be laid aside informally, with the understanding that it shall not combatant connected with the Army. lose its place upon the Calendar. Mr. COLEUA~. Is not the door already open? Mr. PARRETT. I do not propose t-0 let it go. It is a meritorioiis l\fr. TARSNEY. Then it ought to be closed. If all your teamsters, case. I understand it personally and know the pmty-­ . , all your cooks, if a.U your hangers-on of the Army, ·servants of officers The SPEAKER pro tempore. The bill will be laid aside. and everyone else, are to be placed upon the pension-roll, we ought to Mr. PARRETT. And my friend w.as mistaken-- know it. They should be placed upon the -penaion-roll if this man is, The SPEAKER pro tempore. The Chair will say to the gentleman because they all ought to stand on an equality. When yon ~et away from Indiana the bill will be laid aside without prejudice. from the line of pensioning the men who volunteered, who enlisted, Mr. PARRETT. I want to say right here-- and who fought and exposed themselves to the dangers of war-when The SPEAKER jJro tempore. The Clerk will report tlie next bill. you get beyond that line yon are in a dangerous field. .. . , .. Mr. PARRETT." Mr. Speaker, I want to say that I know this man ISAAC N. JACOBS. and I know the circumstances. They appear in the report. He went Mr. LACEY. I call up for consideration the bill (H. R. 10985) grant­ into this company as a cook and nurse. He remained there five months. ing a. pension to Isaac N. Jacobs. The reason why he was not mustered into the service was on account The bill was read, as follows: . .. ' of a defective leg. The measles broke out in the regiment and for Be it enacted, etc., That the Secretary of the Interior is authorized ar:.cl directe

~. , .- . ~ ...... • r \ '• 10264 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19,

ALEXANDER MOORE. the Army, and was rejected by tbe mustering officer, but still re­ 1\Ir. PARRETT. Mr. Speaker, Ibave not withdrawn the point that mained with the Army and did his duty; and then when measles I made with reference to that hill I called np. broke out in the regiment nursed the soldiers in that disease, which The SPEAKER pro tempore. The Chair will state that the bill was took off more than any other disease in the .Army, I believe it is an Jaid aside informally, under the order of the House, not to lose its place exceptional case; and I do not believe the objection raised by the on the Calendar. That is certainly as much as the gentleman can ac­ gentleman from Missouri will obtain. complish by raising the question. If he raises the que~tion there is no The SPEAKER pro te-mpore. The Chair hopes the time of tbe Ilouse quorum for the passage of the bill. will not be consumed at any considerable length by this matter. Ur. PARRETT. .Mr. Speaker, there was an irregularity in taking Mr. PICKLER. I have the floor, Mr. Speaker. the vote twice. l\Ir. TARSNEY. I raise the question of order, Mr. Speaker, that The SPEAKEH. pto tempore. The order of the House is simply to the gentleman is not speaking to any question. lay the bill aside informally without losing its place on the Calendar, Mr. PICKLER. I belie•e I have the floor. We have got before us so that the gentleman loses no privileges. in the consideration of this measure the report from the Committee on l\'lr. PA.RHETT. J would like to have the report read (the whole Invalid Pensions. They have brought it in here and have reported of the report was not read), and then. have another vote taken upon t be unanimously in its favor, and the general practice here is to st.and by bill. the report of a committee. I am surprised to see the chairman of th

'' - .• ~ .. - ,' .. ,_,, • < .... :: 1890. CONGRESSIONAL RECORD-HOUSE. 10265 near the end of the present session for me to raise the question of a I The bill was ordered to a third reading; and it was accordingly read quorum and thus prevent the pa&iage of meritorious pension bills that Ithe third time, and passed. are pending, bnt I give notice that at the next session no such measure PETER R. EDDY. as this shall pass ~ith_ m,r consent... • . " . Mr. OWENS, of Ohio. I call up the bill (H. R. 4872) to remove the Mr. A_LLEN, o. M1ch 1 g~u. Mr. Speaker, thero is no subterfn"'~ charge of desertion from the record of Peter R. Eddy. about ~his amendment. If there ha.d been any I should no~ have of· The bill was read, as Jollows: fered it.. The'facts as ~hey appear ?Y the re~ord, ~:pon ".Vhlch a~oue Be it enacted, etc., That the Secrerary of War be, and he hereby is, authorized we can vote, are that this man lost hlS health m nursrng sick soldiers. and di:-ected to cause the records of the War Department to be so amended as It appears that he had a deformed limb, and was therefore unfit for net- to remo~e the. charge of desertion from the service record of Peter R. Eddy, ive service in the Army. He is not the only nurse that I know of who late a. private m Company F, One hu?dred and tw~nty-first Ohio Infantry. Vol- . · · · h h bl b untecrs, and t-0 grant 11.n honorable discharge to said Eddy from the service of was m like condition. I bad a brot er w o was nna e to ear arms, the United States A.rmy as of January 22, 1863. but who exposed himself on a dozen battle-fields as a nurse, under the . . . officers of the Christian Commission. The report (by Mr. WILLIA.11s, of Ohio) is as follows. He has never asked for a pension bat it be bad lost his health while The Committee on l\lilitary ~trairs, to whom was referred the bill CH. R.4lp2) . . a· 1 I 11 h" fi b h h . to remove the char;1;e of desertion from the record of Peter R. Eddy, havmg ~lorng his duty, as _he td, at. ea.st as we ~ is. ve rot ers W 0 were considered the same, respectfully report: . . m the Army, and if he applied for a pension m c~nsequence of such That.Peter~- Eddy did not desert,, but went .home ~m a ver~al permission disability I shoald say he would be entitled to it· and t-0 say that from his ca.ptam, as shown. by the ev1de.nce of his captam, first ~ieuten'?-nt, ~nd . ~ t"tl d t · h 't ' th th l th' orderly sergeant. At the t11ne the soldier went home he was sick, which sick· t h is man IS not en l · e O a pension W en i appears a e 0~ IS ncss developed into subacute spinal rheumatism. health by his services to sick soldiers, and when we have pens10ned Tbeevidenceofhisneighborsandofhisfamilyphysicianshowsthathenever hundreds of nurses here is absurd on the face of it. · r~covere~_his hea~th sulli.cient to be of anyservi~e a~ a soldier; ~h~the ~eporte_d 1 1 The SPEAKER pro t;mpore. The qu~stion is on the amendment of fi~s:~°a~~:~~a~sh~~~~~~~h~t3t7!! ~t.te ::0~i%;!,8;!\~ifi:£g1~~~i 1 ~;.:~~~!~~athis the gentleman from Michigan to strike out the words "and cook." Under these circumstances the committee are of the opinion that the ~barge The amendment was agreed to. of desertion was wrongfully wade, and recommend the passage of the bill. . The bill as. amended was _ordered to ~e engrossed and_ rea~ a third The bill was ordered to be engrossed and read a third time; and being time; and bemg engrossed, it was accord10gly read the thud time and en!!ro.:ised it was accordin(J'ly read the third time and passed. passed. ~ ' "' · ' HENRY W. HALEY. AJ,EXANDER F. DUTION. Mr. MORRILL. Mr. Speaker, I ask unanimous consent that the Mr. WHEELER, of Alabama. I C;\ll up the bill (H. R. 3169) for Committee on Invalid Pensions be discharged from the Jurther consid­ the relief of Alexander F. Dutton. eration of Senate bill 4209, granting a pension to Henry W. Haley, aIJd Tile bill was read, as follows: that it be put upon its passage. Be it enac.ted, etc., That the Secretary of the Interior be, and he is hereby, au­ The bill was read, follows: thorized and directed t-0 plttce the name of Alexander F. Dutton, late a volun· as teer in the naval service of the United States, upon the pension-rolJ, subje...:t to Be it enaetecl, etc., That the s~cretary of the Interior be, and he is hereby, au­ the provisions and limitations of the pension laws. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension 111.ws, the name of IIenry 1iV. Haley, who was em· Mr. KILGORE. I ask for the-reading of the report in this case. ployed as a Acout during the war of the rebellion. The report (by Mr. LEWIS) was read, as follows: ·. Mr. KILGORE. Let the Senate report be read. The Committee on Invalid Pensions, to whom was referred the bill (H. R.3169) The SPEAKER pro tempore. The bill is still with the Committee for the rE'liefof Alexander F. Dutton, ha\•e had the same under consideration and lind that the beneficiary of the bill w1B forced into the Confederate service on Invalid Pensions, as the Chair understands. by the conscript law of the Confederate States; that while serving as such con­ _.,,, Mr. MORRILL. Yes; I have asked unanimous consent that t.he script he was taken p1·isoner by the military forces of the United States and was commit tee be discharged from its further consideration. confined at Alton, Ill., 8.!I a prisoner of war; that while confined at Alton he t I volunteered in the naval serdce of the United States and served as a seaman on Mr. KILGORE. The bill has never been reported by the House board of the United States frigate Susquehanna., Capt. Alfred Taylor comm\\nd- committee, I believe. in_g·. . . Mr. MORRILL. It was reported in the Senate, and the Senate re­ The committee find further that while serving e.s a. seaman in the Navy of the United States, and in the line of his duty, the said Alexander F. Dutton con­ port is here. This man was badly shot in the thigh. I was stationed tracted disease which resulted in disability, entitling him to pension under the with the command at the time. The gentleman from Alabama (Mr. pension laws, but bis claim for pension has been rejected by the Pension Bureau WHEELER] will remember the occasion very well, because he was on because of claimant's former service in the Confederate army. Tbecommittee tiud that in consequence of this decision of the Pen<1ion Bureau the other side, and the shot was fired by one of his men. said Duttln can not receive 01· obtain the pension to 'vhich he is justly entitled Mr. WHEELER, of Alabama. In what fight? in any way but by a.ct of C..ingress, and the committee are clearly of the opinion Mr. MOH.RILL. In the fight at Fort Donelson, on the 3d of Feb­ that Dutton's co:npu!sory service in the Confederate army sl10uld not be held to deprive him of the privileges anCI benefits resulting from his voluntary serv­ ruary. ice in the Navy of the United States. The committee find that a. bill precisely Mr. WHEELER, of Alabama. Oh, yes; I recollect it very well. similar tu the one under consideration was unanimously reported favor~bly Mr. KILGORE. Well, Mr. Speaker, I have a bill myself, a meri­ by the Committee on Invalid Pensions, Fiftieth Congress. (See Report 3963, Fiftieth Congress. second session.) They therefore report the bill back: with torious case that has not been reported from the committee, but I would the recommendation that it do pass. not ask the House to pass it without its being reported. The SPEAKER pro temporc. This can be bronght up now only by The bill was ordered to be engrossed and read a third time; and it unanimous consent. was accordingly read the third time, and passed. Mr. KILGORE. Well, under the circumstances I will not object; l\IRS. M. P. FELCH. bnt let the 8enate report be read. The Senate report was read, as follows: Mr. TOWNSEND, of Colorado. I a'3k for the present consideration The Committee on Pensions, to whom was referred the bill (S. 4209) granting of the bill (H. R. 83 8) granting a pension to Mrs. M. P. Felch. apensiou to Henry \V, Haley, have t xamined the same and report: The b'ill was reacl, as follows: '£his is a. bill to pension Henry ,V, Haley,now living near Orange City, in Vo· B t it enacted, etc., That the Secretary of the Interior be, and he hereby is, au­ lusia County, Florida., and who was employt-d as a scout during the late war thorized and directed to place upon the pen~ion-rolls the name of i\irs. M. P. in the years 1862 and 1863. The services in this capacity rendered by Haley are Felch, at tile rate of $2.> per month, for services rendered during the late war \'erified by Col. William P. Lyon, who commanded the Thirteenth 'Visconsin as hospital nurse, subject to the provisions and limitations of the pension laws. Regiment, and was in command of that regiment at Fort Donelson. Tennessee, on or about the 3d of February, 1863. In testifying in this case Colonel Lyon The report (by .Mr. LA ws) is as follows: makes affidavit to the followinir facts: The Committee on Invalid Pensions, to whom was referred the bill (H. R. "An attRck was made on our troops at Fort Donelson, on the Cumberland 83 ')granting a. pension to Amanda l\I. Felch, submit the following report: River, by the Confederates, said to be commanded by Generals "Wheeler and Amnnd , .~ ~I. Felch, formerly Amanda 1\I. Farnham, as appears from her sworn Forrest, and I was ordered by Col. 1iV. ,V. Lowe, of the Fifth Iowa Cavalry, at statement, served as a muse with the Army of the Potomac from July, 1861, to Fort Henry, to go with my regiment to Fort Donelson, to the relief of the !\lay 1, 1865, part of the time with the Third Vermont, and a larger part of the troops there, commanded by Colonel Harding of the E\ghty-third Illinois Vol­ time with the First Brigade, Vermont troops. unteers. At the time H. ,V, Haley, a loyal citizen of Tennessee, was acting a.<1 a She sen·ed in hospitals in front of Washington during winter of l861and1862; scout in our service, and I took him with me on that expedition. Be1ore reach­ wentwitll theArmy to the peninsularcampai;.:-n, caring fo ~the sick and wounded ing Fort Donelson my advance guard encountered the pickets of the 1·ebel aL Yorktown, Lee's l\Iills. Williamsburgh, GainM' l\Iills, Golding's Farm, and force which had been thrown across the Fort Henry road. to Harrison's Landing, part of lhe time moving on foot with the troops. 8hc "Mr. Haley was with the advance guard by my order; a skirmish followed, was as:signed by Miss Dix to duty at Fredericksburgh, Ya .• after having sen·ed in which Mr. Haley was shot in the thigh, and severely wounded. As I rec­ in hospitals at Antietam and Hagerstown. Cl\\imant was allowed to furnish ollect the tacts his thigh was shattered and he was permanently crippled. l\Ir. herself with a team, at her own expense, to carry supplies furnished by the Haley wa.& intensely loyal to the Government and rendered valuable service Sanitary Commission. al!I a scout. He impressed me 8-'" a brave and reliable man." Claimant's serdces were long, arduous, and faithful, and for a consi stated, and that the cl~imant is entitled to a pension, pose, reach his case. He Wl\.S a most valuable scout. He was brave, sa){acious, and we therefore recommend tbat the bill do pass, amended by striking out the and trustworthy, and intensely loyal to our cause. He is now old and poor. words" t1Yenty-five," in line 5, and inserting the word ''twelve" instead. -· No one is better entitled than he to the bounty of the Government." Colonel Lyon was one of W'isconsin's best soldiern, and is well qualified t.o The amendment recommended by tbe committee was read and agreed estimat · the value of this man's service. He is now one of the associate jndl{es to. of the supreme court of the State of \Visconsin, and is justly regarded as 011 e of the most valued citizens of the Sta.le. The bill as amended was o.rdere

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10266 - CONGRESSIONAL. RECORD-HOUSE. SEPTEMBER 19,

THEODORE L. ALEXANDER. bedside when he died, and assisted to bury him, and that he, .Anderson, was never able to go back to his command; th'at he has no interest in the prosecu­ l\Ir. ANDERSON, of Mississippi. I desire to ca.11 up the bill (H. R. tion of this clnim, 9225) granting a pension to Theodore L. Alexander. MOSES (his x mark) MA.LONE. The bill was read, as follows: Witness: Jo_s. G. HuLL. Be it enacted, efc .. That the Secretary of the Interio1· be, and he is he1·eby, au­ ·w. H. TURRENTISE. thorized and directed to place upon the pension-roll, subject to the provisions and limitations or the pension laws, the name of Theodore L. Alexander, late Subscribed and sworn to before me this -- August, 1890; and I have no in­ a teamster in the quartermaster's service in the war with Mexico, in consider­ terest iu this claim and believe the witness to be truthful. ation of hisi.aking arms and actually pnrticipatingin the battles resulting from [SEAL.] .JAMES E. HORTON, the defense of Fort Pueblo against the assaults of the Mexican forces, in obe­ Jitd[Je of Probate Court. dience to the orders of his commanding officer. STATE OF ALABAMA, Limestone County: The report (by Mr. DE LANO) is as follows: Personally appeared befo1•e me, James E. Hort-on, judge of probate court in and fo1· said county and State, Isaac W. Townsend, aged fifty-one years, who, '.l'hc Committee on Pensions, to whom was referred the bill (H. R. 9225) gmnt­ being duly sworn, deposes and s~ys that be was a pri>ate in Company H, One ing a pension to Theodore L. Alexander, have considered the same and report hundred and tenth Regiment United States Colored Troops, and that .Anderson as follows: Malone was a mem her of the same company and regiment; that said .Anderson The claimant served from June 9, 1847, to October 31, 1847, as a teamster in the Ma.lone was sick while in ca.mp near .Athens, Ala., and that Captain Wilson, Qun:rtcrmaster's Department, United States Armv, in the wa:r withMexico. commanding said company, ga.-ve the so.id .Anderson leave to go home; and that His application for pension under the act of January 29, 1887, was rejected by he ne>er saw said Anderson any more until after the close of the war; and tbat the Pension Bureau on the ground that he was not an enlist.ed man during said he found the said .Anderson sick after he came home; and that he never i·e­ war, but was a civilian employe of the Quartermaster's Department. He nolv gained his health, but c· ntinued to linger until bis death; and that in his opin­ asks to be pensioned by special act ofCon~ress, and h.e declares in his petition ion the said .Anderson was never able to rejoin his command; and that be has that after being mustered into the se1-vice as a. teamster at New Orleans, La., no interest in the prosecution of this claim. he shipped for Vera Cruz immediately and landed there about.July 1, 1847. ISA.AC W. (bis x mark) TOWNSEND• .At this point he was placed on duty in Brigadier-General Pierce's brigade Witness: and went with it to Pueblo, where his team was taken by General Scott's army Jos. G. HCT.L, in its advance upon Uie city of Mexico; he (the claimant) was transferred to W. H. TURVINTIX. poi;t duty unde1· Quartermaster Wehste:-, at Pueblo. That after the capture of the city of Mexico Pueblo was besieged by the Mexican forces, and the pe­ Subscribed, sworn to, and attested before me this .August 27, 1890. Given titioner was placed under arms by his commanding officer and assisted in the under my hand and official seal this 27th day of .August, 1890. defense of the post. They we:re engaged with the enemy and under fire for [SEAL.] J.A:UES E. HORTON, about twenty-eight days, when the siege was raised. Judge of Probate Court. The petitioner further declares that he does not know of any one now living The committee also submit the repo1·t of the Secretary of War, which is as who can corroborate his statements relative to above facts. The fact that he follows: - was left o.t Pueblo is, however, a matter of record. The claimant also swears that he is sixty-four years old, disabled by hernia, and partially dependent upon Case of Ande1·son !!alone, lafe of Company H, One httndrccl ancl tenth Unilecl l3tale.s others for support. Colored Infantry. The magistrate before whom the claimant's statement is sworn states that he bas known the claimant for twenty years and that he is a man of good reputa­ RECORD A~D P.ENSIOX DinslOK. .I tion for trutll and veracity in the community in which he resides. The official records show this soldier to ha.>e been enrolled Decem her 10, 1863, Your committee have at this session favorably :reported a bill amending the at Athens, Ala., for the pel"iod of three years, and that he appears to ha>e served act of January 29, 1887 (commonly known as the Mexican war service act), so as faithfully in the above-named organization until July 2, 1864, wben he deserted to include within its provisions those who actually participated in battle dur­ at the place of enlistment (Athens, Ala..), and thereafter did not rejoin his com­ ing said war, whether regularly enlisted or not. l\lr. .Alexander would be a mand, which was retained in service until .February 6, 1866, nor did he report beneficiary under that bill should it receive favorable action at the bands or his whereabouts or the cause of his absence to the proper military authorities Congress, and therefore the private bill for his relief js reported be.ck with the of the United States. recommendation that it do pass. The following is a synopsis of the testimony heretofore submitted to the Da­ partment in connection with application for reIIlDve.l of the charge of deser­ The bill was ordered to be engrossed and read a third time; and it tion. to wit: was aecoTdin~ly read the third time, and passed. .Alice Lampkens, who claimed to be the soldier's daughter, testi.6ed 1\Inrch J, 1890. that her fR.ther was sick when he left his command abou.t July 2, 18&1, to lIOSEA BROWN. see his family who were also sick; that he continued sick for .several months, Mr. HERMANN. I nsk tile present consideration of the bill (H. R. and when he recove1·ed he le::i.:rned that his regiment had been captured by General Forrest and taken to Mobile; that he never got entirely well of the 7471) to provide increase of pension to Hosea Brown, ot the war of1812. injuries be received in service, and about two years after the war he died of the The bill was read, as follows: disease which caused him to leave the regiment. (The records on file fail to Be it enacfed, etc., That the Secretary of·the Interior be, and he is hereby, au­ show the soldier sick at any time while in service.) thorized and directed to increa~e the pension of Hosea.Brown, formerly a mem­ Kennady Crenshaw testified May- 21, 1890, that he lived on the same fa.rm with ber of Oaptain Ed IVl\rd Burgess's company of New York militia, and who was the soldier's family; that the soldier came home sick and grew worse until he in the military service in the war of 1812, to $40 per month in lieu of the ~8 per died, never being able to work or do m.ilit.ary duty after he came home, on ac­ month he is now receiving under his pension certificate numbered 21580. count of diarrhea. · Peter and 1\Ioses Malone, in separate affidavits dated 1\Iay 21, 1890, gave tes­ The report (by Mr. DE LANO) is as follows: timony similar to that of Crenshaw, Peter declaring that the soldier died in the The Committe on Pensions, to whom was referred the bill (H. R. 74.iL) increas­ fall of 1864, Moses swearing that he died some six months after leaving the ing the pension of Hosea Brown, have considered the same and report: .Army. The claimant was a private in Capt. E. Burgess's company of New York Isaac Townsend, a. comrade, testified May 10, 1890, that he knew llie soldier l\lilltia. and served from October Z7, 1814, to No>ember 16, 1814., in the war of well and knows tji.at he was taken sick in the fort near .Athens, .Ala., and was permitted by his officers to go home to his wife about July, UIM. .., .... 1812. He is now a pensioner on account of said service at-$8 per month, under the act of l\Iarch 9, 1878. On June 4, 1890, it was h"ld by this Department that the testimony submitted This claimant is now nearly ninety-eight years old and has been perfectly was not sufficient to warrant favorable action, and the application for removal helpless for year1.1. He requires the constant aid and attendance of another of the charge of desertion and for an hon ornble discharge was therefore denied. person, and his financial condition is such that the county in which he resides On June 3, 1890, Isaac Townsend (who had already testified) declared that the makes a regular allowance to aid in bis support. soldier was suffering from diarrhea at the time General Forrest captured Athens, Yottr committee are of lhe opinion that the facts warrant the favorable action .Ala., on September 24, 1864, and that he (thesoldier) was out in the country on of Congress, and the blll is therefore returned with the recommendation that it leave of absence for bis health at that date, and hence- missed capture; that do pass, amended so as to allow a pension at the rate of $40 per month. he-(affiant) did Qot see the soldier again until the close of the war, and that l\la­ lone was then down sick with the same disease, from which he never recovered The bill was ordered to be engrossed and read a third time; and it and from which be died. - was accordingly read the third time, and -passed. l\Ioses Malone ngain testified June 3, 1890, that he nursed the soldier in his last illness, his disease "being trouble of -the bowels," from which he suffered .ANDERSON MALONE. for weeks and months, "finally dying from said "h:onble;" that Dr. Bates was the only physician who treated him while a.ffiant was acting as nurse; that Mr. TRACEY. I desire to call up the bill (H. R: 11912) for removal he (a.ffiant) is unable to give the dat.a of the soldier's death, bnt. it wa.s not more of charge of desertion from Anderson Malone. than two or three years after t.he wa.:r. The bill was read, as follows: The application for relief was a.gain denied on June 14, 1890, on th~ g-ro11Dd that the additional testimony presented did not j nstify a reversal of the former Be it en.acted, etc., That the Secretary of War be, and he is hereby, authorized adverse decision. and directed to remove the charge of desertion from the record of Anderson On June 25, Isaac Townsend and Peter and Moses 1\Ialone gave additional Malone, late of Company H, One hundred and tenth Regiment of United States testimony; Townsend declaring that the soldier was sent home sick in Febru­ Colored Infantry. ary, 18&.1, and ctied about 1870, while the affiants l\Ialones testified that the sol· The report (by 1iir. OSBORNE) is as follows.: dier died a.bout live yeanialter the war, ha.Ying returned from the .Army in the spring of 186t. The Committee on Military .Affa.ire, to whom was referred the hill (H. R. 11912) .Aaron Burr testified June 25.1890, that he belonged to Company B, One hun­ for the removal of the charge of desertion from .Anderson l\Ia.lone, having bad dred a-nd tenth United States Colored Troops, and knew the soldier well; that the ea.me under coll'sideration, report: the latter Wll!i sick with diarrhea in the spring ofl8M, while on duty near Athens, Anderson Malone enlisted in Oompany H, One hundred and tenth United .Ala., and was sent home by his officers; that the next time afliant sa.w him was States Colored Infantry, in 1864. He came home on sick leave from the captain in February, 1866, after muster out, and at that time the soldierwas sick from the commanding his company, and he never regained his health sufficiently to re­ same complaint, continuing in feeble health until his death, 1873, when affi.ant turn to his command, but snffererl from o. lingering illness of which be died helped to bury him. · after the war• .Affidavits from a neighbor, Moses Ma.lone, and from a comrade, The additional testimony was not accepted by the Department to warrant Isaac W. Townsend, are hereto subjoined, provin~ Anderson Malone's disabil­ an amendment of record, and on July 2, 1890, the application wasaga.in denied. ity to return to his command. Since then the status of the soldier has not been changed by the introduction STATE OF A.LA.BAM.A, Limestone County: ot new testimony. Respectfully submitted. Personally appeared before me, .James E. Hortou, judge of probate court in F. 0 . .AINSWORTH, and tor said county and State, Moses :!\Ia.lone, aged eie;hty..four years, who, being Captain and Assistant Sttryeon, United Stales Anny. duly sworn, deposes and says that he lives on the Malone place, about 7 miles The SECRETARY OF WAR. north of .Athens, .Ala., and that he was welJ acquainted with .Anderson Malone, and that said .Anderi

- =--- HANN All HURST. The records of this case further show that the said Luman B. Palmeter, against his father's wishes. ran a.way from home at the age of seventeen years Mr. HENDERSON, of Illinois. I desire to call up the bill Cf!· R. for the purpose of enlisting in the Union Army. ms fat.her was exceedingly 5895) to grant a pension to Hannah Hurst. averse to his becoming a soldier, and on the 6th of January, 1864, gave a power of attorney to Dr. E. X. Giebner to procure the discharge of his son from mili­ The bill was read, as follows: tary service. The power of a.ttorney stated that the son was at that time a. Be it en.acted, etc., Th:it the Secretary of the Interior be, and he he~eby is, au­ minor. thorized and directed t-0 place upon the pension-roll the name or Hannah Hurst, A sworn certificate of the said Dr. E. X. Giebner is filed, stating tlmt while be widow of \Villiam Green, who was a soldier in Company I, or the illinois was unable to secure the release of the said Luman B. Palmeter from the military Mounted Volunteers, in t.be Mexican 'var, and pay her a pension a.I; $8 per service, be was able to procure him a furlough for thirty days; and that during ...... month from January 29, 1897, the date of the act granting pensions to soldiers and after the expiration of the furlough be, the said Dr. E. X. Giebner, had ex­ • r '- of the Mexican wru:. amined Palmeter and fonnd him unfit to perform active duty on account of lameness originating from a sprained ankle, and genera! weakness; which con­ 'l'he report (by Mr. DE LA...,o) is as follows: dition he certified to the proper authorities at Nashville,.Tenn. The Committee on Pensions, to whom was referred lhc bill (H. R. 5995) grant­ ThP, said Luman B. Palmett.r, on January 27, 1885, testifies that upon the ex­ ing a pension to Hannah Ilurst., have considered the same and i·eporl; as fol· piration of his furlough, and as soon as he felt able to report back to the hos­ lows: pital, he was willing and desirous of returning t-0 hi~ regiment, but that his The claimant's late husband, William Green, was a private in Captain Dun­ father insisted upon his remaining a.t home, stating that be was trying to pro­ lap's Independent Company, Illinois Mounted Volunteers, and served from cure a discharge for him, and that he would defend him against any charge of May 21, 1817, to November 7, 1848, in the war with Mexico. Green died in the desertion; and that through bis father's threats and persuasions he was re­ fall of 1864, and the claimant remarried to one John Hurst on the 10th day of stra.iued from joining the 1·egiment to which he felt that he owed his duty, July, 1855. Hurst died August 16, 1882, and the claimant has since l'emained a. based upon bis oath of enlistment. widow. Robert Leslie, Calvin Le·die, and l\Iartin l\IcMullen, in affidavits of February, .An upplica.tion for peusion on account of the l\Iexica.n war service of her said 1885, substantiate the above statements . husband, \Villiam Green, was filed at the Pension Office by the claimant, but Application has been made to the War Department for the removal of the the same was rejected March 2U, 1888, on the ground of her marriage since the charge of desertion by the said Luman B. Palmeter, which was refused on the • I soltlier's death. She now asks a p"nsion by special act at ~ per month from ground that the evidence submitted was not sufficient to establish the fact that Januarye9, 1887, the date llf the passage of the Mexican war service pen~ion act. the applicant was prevented from completing his term of enlistment by dis­ In her application for pension, executed September 16, 1887, the claimant eases contracted in the line of duty. And subsequently n. similar application stated that she was born August 16, 1822, and hence she is now in Lhe sixty-eighth fot• the removal of the charge of desertion was refused upon the ground that year of her age. Her identity a.s the widow of William Green is fully shown, the case did not come within the purview of section 2 of the act of Congress as is also the fact that she is obliged to work out as a nurse in order to gain a approved March 2, 18&9. livelihood. ill view of all these facts it seemed right and proper to the committee that as ·-. The passag-e of the bill is recommended with the following amendment: the said Luman B. Palmeter \Vas at the time of his desertion a minor, and was Strike out all after the word "month," in line 8. prevented from returning to his regiment by the threats and persuasions of his father, and as he is further prevented from securing an honorable discharge by The amendment recommended by the committeewasread and agreed a technical construction of the acts of Congress above referred to, that relief to. should be granted him in thi.er been fit for military duty from the time he came home consideration, and report it to the House with the recommendq.tion that it on account of a lameness in one of his ankles. ' pass. Robert Leslie, Calvin Leslie, and Martin McMullen, of Mercer County, Penn- The committee in making this report are controlled by the following rea- sylvania, in affidavits of February, 188.5, testified that during the war they were sons: neighbors of the Palmeter family; that they know that Silas A. PJ.lmeter pre- The records show that this soldier was enrolled in Company C, Seventy- vented bis son, Lnman,from returning to the Army after the expiration of his ., eighth Pennsylvania Volunteers, on September 15, 1863, to serve three years. furlQugh, the son being anxious to return. His age at enlistment is stated at eighteen years. Upon October3, 1863, he was No other testimony in the case is on file in the Department. admitted to the general field hospital at Stevenson, Ala., and from that time to On November 17, 1886, it was determined by the Department th..'\t, as the evi· December 18, 1863, with short intervals, was an inmate of various hospitals in dence submitted is not deemed sufficient to establish that this soldier was pre­ Alabama and Tennessee. · He was furloughed on January 1(, 1864, and was re- vented from completing his term of enlistment by reason of physical disability ported as deserted on February 13, 1864. The furlough granted to him with incurred in the line oC duty, there is no provision oflaw under which the appli- permission to go t'O Brownsville, Pa., expired on February 13, 1864. • cation can be granted. ·.

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~ ...... -. ., ... ·... ·' .· .. I . • ·r ./ 10268 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 19,

Subsequent to the foregoing adverse decision an act or Congress was ap­ service was reudered at the seat of war or not, and there are also numerous proved on l\Inrch 2, 18b'9, section 2 of which authorizes the removaJ of a charge precedents for the allowance by special act of the relief prayed for in this biU. of desertion upon satisfactory proof that the soldier was a minor and was en­ The bill is, therefore, reported back to the House with tlic recommendation listed without the consent of his parent or guardian, and was released or dis­ that it do pass. Amend the bill by spelling the surname of the claimant and charged from such service by the order or decree of any court of competent ju­ soldier Winney; also by striking out the word "twelve," in hne 4, and substi­ risdiction on habeas corpus or other proper judicial proceedin~s. tuting in lieu thereof the word "eight." As the testimony does not show that proper judicial proceedings were bad in The amendments recommended by the committee. were read and this case, which is a. requi~ite for favorable action under the law now in force, the status of the case has not been ch.'\nged. agreed ro. Respectfully submitted. The bill as amended was ordered to be engrossed and read a third F. C. AINSWORTH, Caplain and A.ssistmit Surgeon, United Slates .Arm11. time; and being engrossed, it was accordingly read the third time, The SECRETARY OF WAR. and passed, the title being amended so as to read·: " A bill granting a The bill was ordered to be engrossed and read a third time; and pension to Hannah E. Winney." being engrossed, it was accordingly read the third time, and passed. LOVEY ALDRICH. WILLIAM II. DE FREEST. Mr. COLEMAN. I ask unanimous consent fo1· the present consid­ Mr. HAYES. I ask the present consideration of the bill (H: R. 1883) eration of the bill (H. R. 9736) granting an inci·ease of pension to Lovey directing the Secretary of War to amend tbe record of William H. De Aldrich. Freest. The bill was read, as follows: Be it enacted, etc., That the Secretary of ihe Interior be, and is hereby, au, The bill was read, as follows: thorized and directed to increase the pension of Lovey Aldrich, widow of Taylo1 Be it enacted, etc., That the Secretary of War be directed to amend the record Clark, who served as a soldier in the Light Infantry of New Ho.mpshire in thq of the \Var Department in the case or William H. De Freest, late second lieu­ war of 1812, and also widow of Caleb Aldrich, of the Rhode Island Line, war of tenant· of Company B, First Iowa Cavalry, so as to grant him an honorable dis· "1.A._{J~~h~he sum on!30 per month in lieu of the pension pow drawn by sa~ Lovey charge. The report (by Mr. CAREY) is as follows: Mr. KILGORE. Read the report. The Committee on Military Affairs, to whom was referred the bill (H. R. 1883) The report (by Mr. DE LANO) was read, as follows: to ar=end the record of William H. De Freest, having examined and considered The Committee on Pensions, to whom was referred the bill (H. R. 9736) 2rant­ the same. report that. they reeommend_itdo pass, with an amendment by way ing an increase of pension to Lovey Aldrich, have considel'ed the same and re· of addition thereto, as follows: port as follows : "Pi·ovided, That this act shall not be construed to give to said William H. De The claimant's late husband, Caleb AJdrich, was a pri nite in the New Ha.mp­ Freest any pay or allowan<'e for any period of time he wasab,ient without leave shire and Rhode Island Line, and served in the Revolutionary war. The and not in the performance of military duty, or to such time as he would have clo.imant is now receiving a pension at the rate of $l2 per mouth. under the gen­ been discharged by limitation of time of enlistment, or otherwise." eral pension laws. 'l'be said De Fret>st wa.s second Jientenant of Company B, First Regiment of Edwin Aldrich, a son of the claimant, swears that she hll.s no property what· Iowa Cavalry, and was ca.shiered by sentence of general court-martial promul­ e. ever, and, with the exception of her pension, is entirely depend~nt upon him gated .August 21, l 63, for two instances of intoxication, being found not guilty for support. His own means aro very limited and he has a. family to support. on some of the specifications. Tb is was done a rter two years of actual service The papers on file at the Pension Bureau show that the cla.iwant is ninety years in the regimetJt, and howeverwellfouuded at the time it answered its purpose of age. so far as the good of the sen·ice was concerned, and now after twenty-seven You1· committee are of the opinion that the case is a desen' ing one, and tho years have pa.ssed there seems to be no reason why th!s soldier sh_ould rest passage of the bill is therefore recommended. under this stigma. -The amendment recommended by the committee was read and agreed There being no objection, the bill was ordered to be engrossed and read n. third time; and being engrossed, it was accordingly read tl~e to. The bill as amended was ordered to be engrossed and read a third third time, and passed. time; and it was accordingly read the third time, and passed. N. W. LEA.SURE. STEPIIEY L. KE.ARNEY. Mr. CRAIG. I ask unanimous consent for the consideration of Housa Mr.WALKER, of Massachusetts. I ask the present consideration bill 9026, granting a pension to N. W. Leasure. of the bill (H. R. 9254) to increase the pension of Stephen L. Kearney. The bill was read, as follows: Beitenacted, ete., That the Secretary of_the Interior be, and he is hereby, au­ The bill was read, as follows: thorized and directed to place upon the pension-rolls, subject to the provisions Be it e1iacled, etc., That the Secretary or the Interior be, and he'is hereby, au­ and limitations of the pension laws, the na'me of N. W. Leasure, widow of Rob­ thorized a.ad directed to pay to Stephen L. Kearney, late first lieutenant Third ert Warden, late major of the Twenty-eighth Pennsylvania Volunteers, and pay Regiment United States Colored Troops, a pension of $50 in lieu of the pension her a pension of $.25 per month. he is now receiving. The.report (by Mr. CRAIG) is as follows: The report (by Mr. FLICK) is as follows: The Committee on Invalid Pensions, to whom ~vas referred the bill (H. U.. ' ' Tbe Committee on Invalid Pensions, to whom was referred the !Jill (H. R. 9026) granLing a. pension to Nancy W. Leasure, submit the following report: --· 9254) granting an increase of pension to Stephen L. Kearney, respectfully report Nancy W. Leasure was the widow of Maj. Robert 'Varden, of the 'l'wenty. as follows: ei"bth Pennsylvania Volunteers, who died in the service in 1862. She was . -- Applicant was a soldier in the regular .A1·rny during the war with Mexico, and granted n. pension of S25 per month. In 1870 she married another gallant l!erved during the late war as a lieutenant in the FiftE>enth Regiment of Massa­ E.mmendaUon that said bill be The ~vnendments were adopted. amended by striking out the words" fifty dollars" in sixth line thereof and in­ Mr. KILGORE. From the reading of that bill it appears this lady serting" ~25," and when so amended that said bill do pass. is the widow of some deceased officer, but is the beneficiar.Y under :t The amendment recommended by the committee was read and a1:\reed different name. I wish some gentleman would state why this is. t-0. Mr. CRAIG. She was the wirlow of Major Wa,rd6n and drew his . The bill as amended was ordernd to be engrossed and read a third pension until 1870, after which she married Col. Daniel Leasure, who tjme; and it was accordingly read the third time, and p:is.sed. died in 1886. She simply saved the Governmentsomething like$6,000 HANNAH E. WINNEY. by marrying the second time. [Laughter.] She asks now to have Mr. O'DONNELL. I ask the present consideration of the bill (H. lier name restored as the widow of Col. Daniel Leasure. R. 7149) granting a pension to HannahE. Winney. There being no objection, the bill was ordered to be engrossed and The bill was read, as follows: read a third time; and being engrossed, it was accordingly read the BC'it enacled, etc., That the Secretary of the Interior is aut.horized and directed third time, and passed. to place upon the invalid pension-roll, at $8 a month, the name of Hannnll E. C_\.IlROLL RENFRO. \Vinnie, widow of James P. \Vinnie, of the United l:Hates Mariue Corps, war wiLh Mexico. Mr. McRAE. I ask unanimous consent for the present considera- The report (by Mr. DE LANO) is as follows: 1 tion of the bill (H. R. 11308) to pension Carroll Renfro. The Committee on Pensions, to whom was referred the bill (H. R. 7149) grant­ The bill is as follows: ing a. pension to lla1111ah E. Winney, have considered the same and report: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au· Tile claimant's late husband, James P. Winney, was a Sc1·geaut in the United thorized and directed to place on the pension-roll the name of Carroll Renfro, States Marine Corps. and served from Decemller 10, 1845, to i\larch 1. 1847. He of Camden, Ark., who ser~ed as a. private in Capt. John \V. Otey's company, di~d Sei>lember 5.1862, and his widow, Hannah E. Winney, filed an application Alabama Volunteers, Creek war, 1831!, and pay him the same pension as is al· for pension under the Mexican war service act of January 29, 1~7. but the same lowed by law for service in the war of 1812. was rejected April 2, ia-.9, by the Pension Bureau, on the ground that so dier was not in Mexico, on the coast or frontier thereof or en 7·oulc thereto, at any The report (by Mr. DELANO) is as follows: time during the :Mexican war, his entire s ervice during that war having been The Committee on Pensions. to whom was referred the bill (H. R. 11308) rendered in Philadelphia, Pa.. Theclaimant is nowa.boutsixty-sbc: years of age, granting a. pension to Carroll Renfro, have considered the same and respect• and has not rt-married since the sol.tier's deatl1. fully report as follows: Your committee have at this se~sion fa.\rorably reported to the House a bill The records of the War Department show that the claimant was o. private in amending the act of January 29, 1887, so as to recognize the service of those sol­ Capt. John W. Otey's compan·y, Ah\bama. Volunteers, Creek war; enrolled l\:lq diers who served sixty days or more during the war with Mexico, whether said 26, 18.38, and mustered out with company, July 16, IS.38 • .-

I°"' .,I ' - .• < •• . ; ' I I ... ·. .. • J '· . .. \ • '-. .. '!'I' .·

1890. CONGRESSIONAL RECORD-HOUSE. 10269

J. R. Hildreth and J. W. Moore, citizens of Buena. Vista., Ark., testify tbe.ttbe in consequence of the i oj uries was sent to hospital, but at the same time charges claimant is seventy ;yea.rs old, and by reason of age and infirmity is unable to the cJaimant with prior unsoundness. support himself by manual labor, and he lthe claimant) has no property or other This adverse information sent the case in the field for special examination. mean8 of livelihood. When confronted by the special examiner, Reagan denied all knowledge of s. The case is believed by your committee to be a meritorious one, and tlul bill previously existing her~ia, states that he heard it said that claimant was rupt­ is tberelore returned with the recommendation that it do pass. ured prior to enlistment, but could not name a single person who furnished him the information imparted to the Pension Office. The special examiner re­ The bill was ordered to be engrossed and read a third time; and being pol'ts Reagan as unreliable. engrossed, it was accordingly read the third time, and passed. The onJy adverse testimony obtained during the special examination was that of the divorced wife of the claimant, whose reputation for truth is reported DAVID H. THO:\IPSON. by the special examiner as questionable. She testifies that at time of her mar­ riage with Compton, which occurred before the war, he bad some trouble in Mr. REED, of Iowa. I ask unanimous consent 'for the present c6n­ the abeiominal regions, which was greatly worse at his return from service, he, sideration of the bill (H. R. 11794) for the relief of David H. Thomp­ as she had been informed, having been hurt in the Army by being thrc:..wn out son. of an ambulance at Stone River. Compton was a hard-working man prior to enlistment, but much disabled after discharge. On the other band, the evi­ The bill is as follows: dence obtained by special examine.Lion as to prior soundness is overwhelmingly Be it enacted. etc., That the charge of absence without leave now standing on in favor of the claimant, while the injury at Stone River and the existence of the records of the War Department against David H. Thompson, late of Com­ rupture following thereupon is clearly established. pany D, First Michigan Uavalry Volunteers. be,and the same is hereby, re­ Notwithstanding this showing, the testimony of the divorced wife, who, aside ·': moved, he having voluntarily returned to his regiment and faithfully served from her lack of truthfulness as reported by the special examiner, is unques­ therein until the close of its term of service, and having been mustered out of tionably biased against the claimant, formed the basis of the rejection of the the servic:e therewith. claim on the ground that the evidence is not sufficient to show origin of the dis­ ability in the service. The report (by Mr. SNIDER) is as follows: Your committee, however, after carefully weighing all the evidence in the The Committee on l\Iilitary Affairs, to whom was referred the bill (H. R. case, are of opinion t·hat the claim is meritorious, 'and therefore repod favora­ 11794) for the relief of David H. Thompson, having considered the same, respect­ bly on the accompanying bill, and ask that it do pass. ... fully report the same back with a favorable recommendation. Thia man was a. soldier in Company D, First Michigan Cavalry. The facts of There being no objection, the bill was ordered to be engroAsed and the case are set forth in the nccompe.nyiug report of the War Department. read a third time; and being engrossed, it was accordingly read the Your committee are of the opinion that upon the facts shown the soldier third time, and passed. ought to be relieved from the charge of "absent without leave," and therefore recommend the passage of the bill. S.AR~.\.H E. PALMER. On motion of Mr. BOUTELLE, by unanimous consent, the bill (H. Case of DaviS, and hemorrhoids, and The bill was ordered to be engrossed and read a third time; and be­ the lieutenant of Company H, First Michigan (;avalry, let him go home, prom­ ing engrossed, it was accordingly-read the third time, and passed. ising to notify him when he was exchanged, but be failed to do so; that as the President's proclamation made him a deserter, he went to recruiting, and mus­ NOAH BISBEE. tered sixty men into the service, and on the day he was arrested he had twenty­ (our men mustered in. On motion of Mr. WRIGIIT, by unanimous consent, the bill (H. R. "No application for the removal of the charge of absence without leave has 11726) to increase the pension of Noah Bisbee, formerly priv11te, Com­ " ever been receh-ed at this office." pany K, Eighty-ninth Regiment New York Volunteers, was considered. The status of the case has not been changed by the intl'Oduction of additional testimony. The bill was read, as tollows: Respectfully submitted. Be i{ enacted, etc., That the io;.:ecretary of the Inlerior be, and he is hereby, au­ F. C. AINSWORTH, thorized and instructed to place upon the pension-rolls of the United ~tates • Gaptain and .Assistant •9ttrgeon, United Stales Army. the name of Noah Bisbee, formerly a private in Company K, Eighty-niflth Regi­ 'rhe SECRETARY OF WAR. ment New York Volunteers, at the rate of $50 per month, in lieu of the pension of$30 per montll which he is now receiving. There being no objection, tl\e bill was ordered to be engrossed and The report (by .Mr. CRAIG) is as follows: read a third time; and being engrossed, it was accordingly read the The Co.mmittee on Invalid Pensions, to whom was i·eferred the bill (H. R . third time, and passed. lli26) to increase the nension of ?.,-oah Biisbee, submit the following report: WILLIA:\! CO:llPTON. Noah Bisbee, while serving as private of Company K, Eighty-ninth Regiment New York Volunteers, and engaged in front of Peter::1burgb, Va., June 18, 1864, On motion of l\Ir. TAYLOR, of Tennessee, the bill (H. R. 4168) for received a gunshot wound of the right. foot. The wound became gangrened, the relief of William Compton was considered. and on April 3, 1865, the leg was amputated about half way between the knee and ankle. The bill is as follows: In consequence of a. fanlty Rmputation the stump became a running sore, and Be ·il enacted, etc., That the Secretary of the Interior be, and be is hereby, au­ after years of great suffering it became necessary to perform another amputa­ thorized and directed to place on the pension -roll, subje....t to the provisions and tion, which wa.'i done on May 5, 1889, 4k inches of bone being removed. The limitations of the pension Jaws, the name of William Compton, late a private stump after the second amputation was a long time healing. a. portion of the in Company I, St::cond Regiment of Tennessee Cavalry. tibia exfoliated and-0a.me ou1, which proved that there was some disease up and above the point of reamputation. An amputation above the knee would prob­ (by ofT~nnesseej The report Mr. TAYLOR, is as follows: ably remove this disease, but inasmuch a~ the pensioner is now nearly seventy The Committee on Invalid Pensions, to whom was referred the hill (H. R. 4168) years of age such amputation would almost surely result fatally. Ile never for the relief of 'Villiam Compton, submit the followin~ report: was able to wear an artificial limb. Wi!HamComptonenlistedasa private in Company r, Second Regiment Tennes­ It is the '>pinion of bis attending physicians that ha.d his leg been amputated see Cavalry, September 22, 1862, and was discharged on surgeon's certificate of above the knee it would have been much better and saved him years of suffer­ disability 1\111.rch 9, 1863. The nature ot the disability is not disclosed IJy the rec­ ing and expenses, it appearing in evidence that the pension received by him is ords of the WRr Department, nor is the cntificate of disabilit) on file. insufficient to pay tor mediCl\l and other attendance, of which he is almost con­ On October 3, 18i3, he filed an application for pension, alleging that about stantly in need and has been ever since his discharge. February, 186.'3, while driving an ambulance during the night, and about to cross The amputation being. below the knee, the general lnws pPrmit no higher the Stone Rh-er. Tennessee, he missed the ford, and the team went over the rate of pension than $30 per month, the amount· now received by him. But it , ·..-: bank, falling in the river, he being thrown between the horses and on the tongue is clearly shown by the medical evidence on file that Bisbee is much worse off of the vehicle with such force that be was ruptured, from which rupture be has than a person with a sound stump near tl::e hip-joint nnd otherwise in the en­ suffered ever since. joyment of good health. Hi.; inability to wear an artificial limb, coupled with He furnished evidence of prior soundness, the testimony of the first. lieuten­ his advanced age and enfeebl.ed constitution due to many years of suffering ... _ ant of his company and others as to incurrence of the disability in the service, from lhe ulcerated stump, makes him almost entirely dependent upon others and of neighbors as to existence of rupture at discharge. The claim would for assistance and confines him the greater part of the time to his bed. have been admissible upon the evidence presented, but for a letter written by In the opinion of your committee Bisbee should receh·e the same pension as one R. R. Reagan, when postmaster at. Gatlinhurgh, Tenn., who was also a those who-by reason of shortness of the stump nre unable to wear a11 artificial memher of claimant's company, in which the writer admits that Compton was limb, and they therefore report favorably on theaccompanyingbillandask that I • lrnrt by goini:: over the banks of Stone River and that he WRS alsQ struck over it. do pass, amended however by striking out the word "1itty "in line 7 and in­ U1e head nt the same time .,.-ith a gnn in the hands of a Confedera~e. and that serting therein instead the word "forty-five." :- -•._

. ' . :· ·.. ___ ...... -, .· ... ~ '' ' ... 10270 CONGRESSIONAL RECORD-HOUSE. ,. SEPTEMBER 19,

The bill wa.s ordered to be engrossed and read a third time; and be­ A bill (S. 420) for the relief of Cal-vin Gunn-to the Committee on i!lg engrossed, it was accordingly read the third time, and pas.5ed. Claims. JOHN REILLY. A bill (S. 1398) to grant the right of way through the public lands for irrigation purposes-to the Committee on the l:'ublic Lands. On motion ofM:r. MOFFITT, by unanimous consent, the bill lH. R. ,.. . A bill (S. 1496) for the relief of W. L. Adams, of Oregon-to the 4745) directing the 8ecretaryof War to issue an honorable discharge to Committee on Claims. John Reilly was considered...... A bill (S. 1619) lor the relief of St. Cecelia's Academy-to the Com· The bill wa.s read, as follows: mittee on War Claims. . Be it enacted etc. That the Secretary of War is authorized and dil·ected to issue an hono'rabl~ discharge from the service of the United States to John A bill (S. 1634) to indemni.ty the State of Pennsylvaniu, for money Reilly, late captain Third Marine Corps, Missouri -yotunteer5;, said houo~ab~e expended in 1864 for militia called into the military service by the .: discharge to da.te December 3l, 181?1, the day _on which the s_a1d John Re_illy s governor under the proclamation of the President of June 15, 1863- service t~rminated and up to which he received pay: Provl 1ed, That this act shall not entitle the said John ReiUy t-0 bounty, pension, or extra p~y, to the Committee on War Claims. A bill (S. 2586) granting a pension to Andrew J. Elliott-to the Com­ The bill was ordered to be eng;rossed and read a third time; and be­ mi l tee on Pensions. ing engrossed, it was accordingly read the third time, and passed. A bill (S. 2306) releasing S. H. Brooks, assistant treasurer of the '. Mr. MORRILL moved to reconsider the several votes taken; and United States, and bis sureties on his official bond-to the Committee also moved that the motion to reconsider be laid upon the table. on Claims. The latter motion was agreed to. And then (the hour oflOo'clock and 30 minutes p. m. having arrived) A bill (S. ~i38) to provide for the purchase of a site and the erection of a public building thereon at Wilkes-Barre, in the State of Penn­ the Honse adjourned. sylvania-to the Committee on Public Buildings and Grounds. A bill°(S. 3015) making an appropriation tor a public monument to EXECUTIVE AND OTHER COUMUNIC.A.TIONS. the memory of John Ericsson, the inventor and constructer of the Monitor-to the Committee on the Library. Under clause 2 of Rule XXIV, the following communication was A bill (S. 3054) for the relief of William Smith and others-to the taken froru the Speaker's table and referred as follows: Committee on Claims. ADDITIONAL EXPENSES OF THE UNITED STATES COURTS. A bill (S. 3463) for the relief of John A. Lynch-to the Committee A communication from the Acting Secretary of the Treasury, trans­ on Claims. mitting estimates ot deficiencies for the expenses of the United States A bill (S. 3551) for the relief of Catherine E. Wbitall-to the Com­ Courts-to the Committee on Appropriations. mittee on Claims. A bill (S. 3611) to amend an act entitled "An act to adjust the sal­ aries of postmasters,'' approved March 3, 1883-to the Committee on • . I. RESOLUTIONS. Expenditures in the Post-Office Department. Under clause 3 of Rule XXII, the following resolnti{0, from the Committee on Pensions, reported favorably mittee on Invalid Pensions. the bill of the Honse (H. R. 11987) to pension Mary Jane Martin, ac­ A bill (S. 3196) granting an increase of pension to Michael McGar­ comnanied by a report (No. 3126)-to the Committee of the Whole vey-to the Committee on Invalid Pensions. House. · A bill (S. 32:$2) granting a pension to Abbie R. Reddington-tQ the Mr. POST, from the Committee on the District of Columbia, reported Committee on Invalid Pensions. favorably the bill of the Honse LH. R. 11583) for relief of Sarah Jane A bill (S. 3234) granting a pension to Harriet B. Hamilton-to the Fowler, widow of John H. Fowler, late a patrolman of the Metropoli­ Committee on Invalid pensions. .tan police force of the District of Columbia, accompanied by a .report A bill (S. 3532) izranting a pension to Georgiana W. Vogdes-to the (No. 3127)-to the Committee of the Whole Honse. Committee on Invalid Pensions. Mr. BURTON, from the Committee on the District of Columbia., re­ A bill (S. 3649) granting increase of pension to Katherine W. How­ ported favorably the bill of the Senate (S. 3116) to punish the carrying ell-to the Committee on Invalid Pensions. or selling of dea.Gly or dangerous weapons within the District of Co­ A bill (S. 3995) granting a pension to Myra E. Lakin-to the Com­ lumbia, accompanied by a report (No. 3128)-to the Honse Calendar. mittee on Invalid Pensions. 111r. CANDLER, of l\1assachnsetts, from the Select Committee on . -· A bill (S. 4167) granting an increase of pension to Sarah V. Azpell­ the Qnadro-Centennial of the Discovery of America, to which was re­ to the Committee on Invalid Pensions. ferred the following resolution: ~bill (S. 4209) granting a pension toHenryW. Haley-to the Com­ mittee on Invalid Pensions. Rcsolt:ed, That n subcommittee be appointed by the chairman of the Commit­ tee on the Quadro-Centennia.l or the Discovery of AmeriC'tl. to inquire into the A bill (S. 4313) granting an increase of pension to Stephen D. Smith­ progress of the details for holding of the proposed exhibition in Chicago, and to the Committee on Invalid Pensions. to make an examination into the amount of space allotted to the various Gov­ ernment displays, and all other matters pertaining to the di plays of the United A. bill (S. 4320) granting a pension to 1\~ Mary E. Dickey-to the States at said exhibition; Committee on Invalid Pensions. A bill (S. l 63) to reimburse certain persons who expended moneys reported in lieu thereof the following resolution: and furnished services and supplies in repelling invasions and suppress­ R-esolved, That a. subcommittee, of which the chairman shall be one, be ap­ ing Indian hostilities within the territorial limits of the present State pointed by the chairman of the Select Committee on the World's Falr to in­ of Nevada-to the Committee on War Claims. quire into the progress of the details for the holding of the proposed exhibition, ·. '· and to examine into the s.mou.nt of soace allott~ to the various GoYernment l·...... I.·._: .. ; -; ! ~- \ -·

. ~ 1890. CONGRESSIONAL RECORD-SENATE. : ...,, ... i'0271 di!lplnys and other matters pertaining to the displays of the United Slates at Mr. QUAY presented petitions of Farmers' Alliances of El bridge, East the said exhibition, and all otller matters in connection with said exhibition which may appear to the said tmbcommittee advisable to report to the House, Green, and Carter Hill, in the State of Pennsylvania, praying for the and to submit the result of said inquiry and examinalion to this Congress at passap;e of the Conger lard bill; which were referred to the Committee the beginning of the second session thereof; and the expense of said inquiry on Agriculture and Forestry. . .. and examination be paid out of the contingent fund of the House, and the chair­ . - man be authorized to draw for S.1.me on the Sergeant-at-Arms in sums notto ex­ Mr. PAD DOCK presented a petition of the Farmers' Alliance of ._, ceed ~500; Cheyenne County, Nebraska, and a petition of the Farmers' Alliance, No. 721, of Mount Pleasantt Nebr., praying for the passage of the Con­ which, accompanied by a report (No. 3129), was referred to the Com­ ger lard bill; which were referred to the Committee on Agricurture and mittee of the Whole Honse on the state ot the Union. • Forestry. Mr. INGALLS presented a petition of citizens of McAlester, Ind. T., I' praying for the passage of Honse bill 3839, for the protection of persons BILL AND JOINT RESOLUTIO"NS. employed in theminesoftheTerritoriesofthe United States; which was -- Under clause 3 of Rule XXlf, a bill and joint resolutions of the fol­ referred to the Committee on Mines and Mining. -· lowing titles were introduced, severally read twice, and referred as fol­ Mr. PIERCE presented a petition of Farmers' Alliance No. 89 of lows: Reed Township, Cass Countyt North Dakota, praying for the pass~ge By Mr. MUDD: A bill (H. R. 12092) to provide for the erection of a of what is known as the Conger lard bill; which was referred to tbe .,• -: .. pnblic building in the city of Annapolis, Md.-to the Committee on Committee on Agriculture and Forestry. Public Buildings and Grounds. Mr. GORMAN presented the petition of Luther S. Bent, president By Mr. GROOT: Joint resolution (H. Res. 225) to provide for print­ of the Penn Steel Company, at Sparrow's Point, Md., and a petition / r ing 500 copies additional of report of sanita-ry engineers on District of of citizens of Baltimore, Md., praying for the passage of the bill trans­ Columbia-to the Committee on Printing. ferring the revenue-cutter service to the Navy; which were ordered By l\lr. BLISS: Joint resolution (H. Res. 2-26) releasing to the State to lie on the table. of Michigan any reversionary or other interest the United States may Mr. MANDERSON presented n. petition~f citizens of Omaha, Nebr.· have in certain lands granted by Congress to aid in the construction of a petition of citizens of Council Bluffs, Iowa; a petition of citizens of a railroad from Amboy to some point on or near Traverse Bay, Mich­ Nebraska, and a. petition of citizens of Union, Nebr., praying for the ... igan-to the Committee on Public Lands. passage of what is known a.s the ''pure-food'' bill; which were referred to the Committee on Agriculture and Forestry. Mr. BLAIR I present a long telegram in the nature of a petition PRIVATE BILLS, ETC. from the delegates to the State Republican colored convention of South '. Carolina, numerously signed by members of the convention, praying Under clause 1 of Rule XXII, private bills of the following titles for the defeat of the Conger lard bill and legislation that affects the were presented and referred as indicated below: cotton-seed interest, which is a. large industry. By Mr. FUNSTON: A bill (H. R.12093) toplacetbenameof George I also present numerous memorials from colored conventions held in B. Edgar on the pension-rolls-t-0 the Committee on Invalid Pensions. many counties in the State of Tennessee, remonstrating against the By Mr. NORTON: A bill (H. R. 12094) for the relief of John .M. passage of the Conger lard bill. Wright, of Audrain County, Missouri-to the Committee on Pensions. I move that the petition and memorials be referred to the Commit- By.Mr. PERKINS: A. bill (H. R.12095) granting a pension to Julia tee on Agriculture and Forestry. - S. Richards, of Kansas-'to the Committee on Invalid Pensions. 'the motion was agreed to. By Mr. SHIVELY: A bill (H. R. 12096) granting a pension to Julia Mr. BLAIR presented two petitions of citizens of Shelby County -:. A. O'Connor-to the CommiUee on Invalid Pensions. T~nness~e, praying for the passage of what is known as the pure-food By Mr. TAYLOR, of Illinois: A bill (H. R. 12097) to remove the bill; which were refe1'ted to the Committee on Agriculture and For­ charge of desertion against the name of Carl Under.stein-to the Com­ estry. mittee on Military Affairs. Mr. COKE presented a petition of citizens of Fayette County Texas praying for the passage of what is known as the pure-food bill~ which was referred to the Committee on Agriculture and Forestry. ' ..... PETITIONS, ETC. .Mr. ALLISON presented the petition of Cherry Mound Farmers' . Under clause 1 of Rule XXII, the following petitions and papers Alliance, No. 1611, oflon, Iowa; the petition of Valley Alliance No. were laid on the Clerk's desk and referred as follows: 1310, of Mt. Pleasant, Iowa; the petition of Mayflower Alliance' No. By Mr. BUCHANAN, of New Jersey: Petition of Trenton (N. J.) 1313, of Delta, Iowa; the petition of Norah Farmers' Alliance' No. Typographical Union, No. 71, in favor of international copyright bill­ 1355, of Elgin, Iowa; the petition of East Branch Farmers' Alli~ce .. to the Committee on Patents. of Marble Rock, Iowa; the petition of Mills County Pomona Grange; By Mr. HENDERSON, of Illinois: Petition of A. B. Hackman and No. 1, Patrons of Husbandry, of Silver City, Iowa· the petition of otherst citizens of Whiteside Uounty, Illinois, pmying for the intro­ Washin~ton Center Farmers' Alliance, No. 1408, of Storm Lake Iowa· duction of a. law to prevent the transmission through the United States the petition .o! the Sanford Farmers' Alliance, No. 36, of Sanford: Iowai mails of certain vublications, etc.-to the Committee on the Post-Office and the pe~hon of Mt. Hope Farmers' Alliance, No. H90, of Walnut, and Post-Roads. Iowa, praymg for the passage of the Conger lard bill; which were re­ By Mr. HOLMAN: Petition of Adam Stockinger, of Versailles, Ind., ferred to the Committ~e on Agriculture and Forestry. for a free reciprocity trade with Canadn,-to the Committee on Ways REPORTS O.F COMMITTEES. • j and Means. I-.• _, Mr. DAVIS, from the Committee on Pensions,. to whom was re­ ~,., Also, petition of the Indiana. Millers' Association1 for the adoption of the reciprocity amendments to the tariff bill-to the Committee on ferred the bill (H. R. 8713) granting a pension to Rhoda Buck report~d Ways and Means. it without amendment, and submitted a report thereon. ' By Mr. NORTON: Various affidavits in support of claim of John M. 1\-fr. SAWYER, from the Committee on Pensions, to whom was .re­ Wright-to the Committee on Pensions. ferred the bill (S. 573) granting an increase of pension to Mark F. Car­ By Mr. O'NEILL, of Pennsylvania: Petition of the survivors of the ter, reported it without amendment, and submitted a l'eport thereon. Seventy-fifih Regiment of Pennsylvania, asking for the bestowal of the ?!Ir. PADDOCK, from the Committee on P-ensions, to whom was re­ medal of honor for special acts of bravery upon Capt. Frederick Opp­ ferred the bill (H. R. 11578) granting a pension to Rebecca A. Green man, of Company D of that regiment-to the Committee on Military reported it without amendment, and submitted a report thereon. ' Mr. DANIEL, from the Committee on Public Buildings and Grounds, Affairs. to whom was refer.red the bill (S. 2082) for the erection of a public building at the city of Staunton, Va., reported it without amend­ ment. SEN.A.TE. He also, from the Committee on Indian Affairs, to whom was referred the bill (S. 4205) to reimburse the Miami Indians ot Indiana for money S.A.TURDAY, Septembet· 20, 1890. improperly withheld from them, reported it without amendment. Mr. SAWYER, from the Committee on Pensions, to whom was re­ The Senate met at 12 o'clock m. ferred the bill (H. R. 2420) granting -a pension to Julia W. Freeman Prayer by Rev. JOHN E. BUSHNELL, of Roanoke, Va. reported it without amendment, and submitted a report thereon. ' The Journal of yesterday's proceedings was read and approved. He also, from the same committee, to whom was referred the bill (H. R. 6148) granting a pension to Mrs. Mary Sanders, the widow of PETITIONS .ll."D :MEMORIALS. J. Thomas A. Sanders, who was a scout in the service of the United States Mr. VOORHEES presented a petition of Liberty Alliance, No. 18, Army in the war of the rebellion, reported it without amendment, and of Allen County, Indi:ma; a petition of Mayville Alliance, No. 9, of Elk­ submitted a. renort thereon. .hart County, Indiana, and a petition of Tunker Alliance, No. 34, of He also, from the same committee, to whom was referred the bill (H. Indiana, praying for the passage of what is known as the Conger lard R. 10898) to increase the pension of Daniel P. Roberts, late a second bill; which were referred to the Commit~e on Agriculture and Forestry. lieutenant in Company F, of the Third Regiment of Missouri Vo1un- - ,

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