1875. CONGRESSIONAL RECORD. 1231 that I move the engrossed hill b'3 printed in tho RECORD to-morrow, Penusylvanin, and of cit.izens of McConnellstown, Pennsylvania, for so we can all ee it. the repeal of the 10 per cent. reduction of duties made in 1 72 an
Mr. MORRILL, of Vermont. I move that this bill be printed and There being no objection, the bill (H. R. No. 3658) for the relief of recommitted to the Committee on Finance. William J. C(lite wa-s considered as in Committee of the Whole. It The motiQll was agreed to. provides fot· the payment to 'Villiam J. Coite, late acting assistant Mr. CHANDLER, from the Committee on Commerce, to whom were paymaster United States Navy, of $953.33, being the amount falsely referred the petition of 208 American merchant seamen of the port of returned by the clerk of Coite, when he was unable, through sickness, New York, and the petition of 8 American merchant seamen of Cairo, to supervise his final accounts. Illinois, praying for such. legislation as will the better promote the Mr. FERRY, of Connecticut. The chairman of the committee is marine-hospital service, asked to . be ilischa.rged from their further now here and can state the case if any Senator desires. consideration; which was agreed t.o. The bill was reported to the Senate, ordered to a t.hird reading, and He also, from the same committee, to whom was referred the bill was read the third time. (S. No. 1193) to aut~rize the Secretary of the Treasury to isSue an 1\Ir. SHERMAN. Will the Senator state what the bill is aboutf American register to the schooner Matilda, reported ad verselythereon; Mr. CRAGIN. The Committee on Naval Affairs reported this bill and it waa postponed indefinitely. back unanimously and adopted the House report. It is a House bill. Mr. MERRIMON, from the Committee on Claims, to whom was This gentleman was a paymaster in the Navy during the war, and referred the bill (H. R. No. 32Gt!) for the relief of John ·N. Reed, re while he waa sick with yellow fever his clerk made a false return to the ported it with amendments, and submitted a report thereon; which Department by which he was involved in the sum of about $900. He was ordered to be printed. asks that in the settlement of his accounts he may be allowed that Mr. ANTHONY, from the Committee on Printing, reported a bill amount. It was clearly no fault of his. If there was any fault what (S. No. 1297) to provide for the republication of the first volume of ever, it was in his clerk in robbing him of that amount. the Patent Office Gazette; which wn.s read, and passed to the second Mr. CAMERON. I think that bill ought not to paas. The pay reading. master ought to be responsible for his clerk. He gets a high salary PRINTING OF ENGROSSED AND ENROLLED BILLS. because he has to incur responsibility. 1\.lr. CRAGIN. I ask that the report be:> read. Mr. ANTHONY, from the Committee on Printing, who were di 1\.lr. CAMERON. I have no objection to hearing the report, but I rected by a resolution of the Senate to inquire into the expediency cannot vote for a bill of that kind. of making an alteration in the mode of engrossing bills, reported the l\I.r. SHERMAN. I only state to the Senate that other committees following concurrent resolution : have felt themselves bound iu very hard cases to report against such Resolved by the &nate, (the IIome of Representatives concurring,) That the fifth bills. I know the Committee on Finance have never reported a IJill and sixth joint rules of the two Houses be, and the same are hereby, amended by the omission of the following words in brackets and the addition of the following to make good a loss by a deputy except in the case of Spinner ancl worlls in italics; so that the rules will r ead: · the case of Hillhouse, and then we hesitated a long time before we 5. While bills are on their passage between the tw·o Hou.qes, they shall be in did it in those cases. print [on paper) and under the signature of the Secretary or Clerk of each HQuse, 1\Ir. CRAGIN. Since I have been in the Senate I presume there respectively. 6. After the bill shall have passed both Houses, it ahall be duly enrolled in print have been a dozen cases similar to this which have pa.ssed without on vellum [parchment] by the Clerk of tho House of Repre enta.tives or the Secre opposition, cases where paymasters have lost money by fire or by tary of the""S enate, as the bill may have originated in the one or tho other House, be other unavoidable accidents, or where they were robbed by their fore it shall be presented to the President of the United States. clerks. In one instance a paymaster in the Army, I remember, was The resolution was ordered to be printed. robbed by his clerk at a hotel ii! this city of a large amount of money, without any fault of his, and he was made whole or not held respon CONSULATE HOl'SE AT TUNIS. sible. Mr. CHANDLER. I am directed by the Committee on Commerce, 1\Ir. SCOTT. The most recent case which I recollect involving this to whom was addressed a communication from the Secretary of State, principle was reported from the Committee on Claims, the case of a inclosing a draught of a bill to allow the acceptance of the consulate paymaster named Underwood, if I recollect aright, wlto claimed t o house at Tunis by the Government of the United States, to report a be relieved from liability for money of which he was robbed in t lle bill; and I ask to have it put. upon its passage now. city of Baltimore. The Committee on Claims is frequently called upon By unanimous consent, the bill (S. No. 1296) to authorize the accept to adjudicate upon claims of this character, and unless the circllm ance in behalf of the United States of America of certain real prop stances are such as to take them out of the general rule we have been erty occupied by the United States consul at Tunis, was read three disposed to hold all parties intrusted with the custody of public times, ·and passed. It authorizes the President of the United Stat.es money responsible for acts of their clerks and employes. I do not to accept in behalf of this Government the titlo to the residence now know what the circumstances are in this case that are relied on to and for many years occupied by the consul of the United States at take it out of the operation-of that general rule. Tho general rule Tunis, which has been courteously offered by His Hi~hness the Bey is certainly a wholesome one. · • of Tunis. When the proper muniment of the title snall have been Mr. FERRY, of Connecticut. Mr. President, it is undoubtely true furnished it is to be lodged in the Department of State. that there ru.·e precedents' both ways in cases of embezzlement by clerks or deputies. In this particular instance, however, the clai!P, MESSAGE FROM THE HOUSE. ant was a very faithful officer during the war, and while lying sick A message from the House of Representatives, by Mr. McPHERSO~, with the yellow fever and therefore incapable of exercising the its Clerk, announced that the House had passed the following bills ; supervision over his clerk which he otherwise might have been aulo in which the concurrence of the Senate w:1s requested: to exercise he wa.s robbed by that clerk by a falsification of accounts, A bill (H. R. No. 3750) for the relief of E. Boyd Pendleton; so that the amount which this bill allows him is charged against him A bill (H. R. No. 2683) for the relief of Duncan Marr, a loyal citi by the Government. This was obviously without any fault of his zen of Montgomery County, Tonne ee; and own, he being stricken down by disease while in tho discharge of his A bill (H. R. No. 2685) for the relief of John Aldredge. duty and ·incapable, as I have said, from this disease of exercising supervision over his clerk. It certainly seems to me that as the BILLS INTRODUCED. precedents are both ways, the particular circumstanc~s of this case Mr. BOGY asked, and by una.nimous consent obtained, leave to in ought fairly .to induce the Senate to concur in the action of the troduce a bill (S. No. 1299) to establish a post-route from Ozark to House. Boston, in Christian County, Missouri; which was read twice by its Mr. .ALCORN. Mr. President, certainly we all feel a sympathy for title, and referred to the Committee on Post-Offices and Post-Roads. that public officer who, stricken by di en.se, incapable of attending to He also asked, and by unanimous consent obtained, leave to intro his business, falls a victim to a designing clerk. He is to be pitied ; duce a bill (S. No. 1300) to establish a mint of the United States at but the Government is to be pitied much more that undertakes here Saint Louis, Missouri; which was rea.O. twice by its title, referred to to interpose between the officer and his boud. When it is established, the Committee on Finance, and ordered to be printed. ns it is about to be established in this Government, that in all cases Mr. DORS~Y asked, and by unanimous consent obtained, leave to like this, whenever parties upon ex parte statements can make out a introduce a bill (S. No. 1301) to admit free of dutytJle diamond neck case in which hardship results, the Government iR to relieve them . lace presented by the Khedive of Egypt to Mrs. Minnie Sherman from their bond. I say that the Government is much more to be Fitch; which was read twice by its title, referred to the Committee pitied than that individual, for the reason that the Government repre on Appropriations, and ordered to be printed. sents the masses, the great body of the people, and the individual can suffer but for himself. WILLIAM J, COITE. If you, however, establish the precedent here, why not extend the Mr. FERRY, of Connecticut. There is a gentleman from my State rule to an indorser upon the bond of an officer, who, believing that who haa a bill on the Calendar, reported by the Committee on Naval that officer was honest, that he was full of integrity, that he would Affairs a few days ago, who is employed in the Internal Revenue De not betray hi~;~ trust, became his surety, and the poor indorser after partment and is under orders to proceed to North Carolina. The bill awhile finds that his trust has been betrayed, that the officer has IS a pecuniary bill for his relief, involving some . 900. I have the con squandered his funds, and he is left to foot the bill. The indorser sent of the chairmau of the Committee on Naval Affairs to call up the may himself have died; his widow and o.rphan children may come bill. The gentleman cannot very well proceed on his trip to the here asking Congress to 1·elieve them from the penalties incurred by South until this bill is passed. It ha.s passed the House of Represent reason of their husband and father indorsing the bond of a faithless atives and has been unanimously reported from the Committee on public officer. Here is a case that would excite the pity of Congress; Naval ~ffairs. I ask consent of the Senate to take it up. It is House but I ask whether the representatives of the Government have the bill No. 3658. right to interpose between the officer and his bond Y
I ( 1875. CONGRESSIONAL RECORD. 1233
if the case that the honomble Senator from Connecticut recites is ties, for whom therefore for reasons of good sense he ought to be sufficient to incite the movement of t his Senate in bellalf of this in responsible, "this man seems "to have been without intervention of dividual, then I say give it out to all the world that if a custodian 1\Ir. Coite detailed from the enlisted men to act as clerk, and then ho of the public funds is going upon his way through the country and seems to have performed this fraudulent and unfortunate act not by he falls sick, being taken with an attack of fever, his brain· be the direction of the claimant who now seeks relief, but by an order comes confused, his money is at the service of those who represent proceeding from an authority aLove him. If there is a distinction to him, and he is robbed of his treasure, CongreEs will on his appeal be found in the case favorable to it, I think it must be in these re xelieve him from the liability of his bond. Wllo can resist such an spects. appeal after tho precedent tha.t this will establish' Mr. ALCORN. I did not state in what I saicl that this was a case I undertake to say that the office-holtlers of this country, holding as in which securities were involved. I did not understand that there they do the money of the public in their hands, can by conspiracy were securities. under this rule bankrupt the country. It is better that individuals l\.Ir. CONKLING. I did not understand the Senator to say so ; but should suffer; it is better that we should pass by these isolHtcd cases my own understanding, to begin with, was that it was such a case, of hardship; it is betterthati·uin should cluster around the household and I made the statement I did in order to describe it properly. of a single individual, than to establish a precedent like this, a prece Mr. ALCORN. It belongs to a class of cases which I ji'aS illustrat dent that threatens to bankrupt the nation. When a public officer ing. The statement of the Senator is based upon the report, whlch I undertakes the discharge of a pub ~ ic duty, it is in consideration of have not read, butiheardhimreadit, I think, with sufficient distinctness 1·eceiving a certain compensation. He is paid for his risk; he takes to understand the point he makes. If the point wlrich the honorable the risk; under the forms of law be executes ills bond; and if he fails Senator makes in this case is good, it is good in .a court of equity, ancl to eomply with the conditions of that bond, when t he courts of the in a court of justice this party can be relieYed. ·when the Govern c:mntry refuse to grant. him relief, I say as a Senator on tlris floor, ment sues him upon his bond, he sets up in his answer that the "Give me my bond." Shylock-like, in this case I would call for the Treasury Depa.rtment, whose orders he was required to obey, detailed, 'Loud. The courts of the country grant relief in every case where re without his authority and without ills consent, a soldier from the line, lief ought to be granted. The legislative poweN>f this country is not and that the money was placed by the authority of that Department, the court to pass upon questions of this character. Let an office under his order ; and therefore he asks to· be relieved. A conrt of holder who claims relief from the responsibilit.y of his bond go to the equity is the place for him to go to in order to present this case. If courts of the country, and if there is no relief there let him make up he yielded when he should not have yielded the custody of the funds his mind that for the good of the State it is necessary that he should to one who was not authorized to receive them, then he is responsible, suffer. for he faile9- in the discharge of his duty. He was responsible upon Why, sir, where will you stop the ruleT Once establish the prece his bond, and it was for him to see to it that no one took custody of dent that relief is to be granted and tllere is no checking, there is no t.he funds save and except one who was responsible to him or to the stopping the rille. There is a frontier in which and on whichjnstice Government. But now it appears that under the authority of the fades from view and a qnestion of doubt is raised; we get upon the Secretary of the Tl·easury a soldier was detailed and placed in custody confines of doubt; and when we reach that Castle Doubtful, then in of these funds without the consent of the petitioner. If that be true, our sympathies we are disposed to give the dol}bt in favor of the poor then I say a court of equity will relieve him from liability. Let him man who has been robbed of his treasure or of the treasure of the go there and test the facts of this case where both sides of the ques nation. The precedent is dangerous. tion will be heard and where the court will scrutinize and analyze I have been astonished sinoe I have been here at the bills that have the testimony and make application of the law to the ca~e . been passeil for the .relief of officers of this character. It lies, I re This belongs to that class of cases which I mentioned awhile ago, peat, in the power of au officer holding in custody the ftmds of this and I oppose the bill on tha~ ground. I have no doubt of the good nation, by conspiracy to have men rob bed, to have his funds burned up faith, of the honesty, of tho integrity of the petitioner here ; but it in a conflagration, to fall sick by the wayside and be rob };led in the time is because he is jnst that cha>:"acter of man, it is because there is no of his incapacity to attenu to his business, or t.o fall into the h ands of question as to him, I would here oppose this bill. The amount is a, designing clerk; and a gracious government comes up and makes small; I am glad it is so, and I the more heartily oppose it on that amends and says "we will sustain the loss." account. I shall vote .a-gainst this bill :tnd I shall vote against every bill of The VICE-PRESIDENT. The question is on the passage of the bill. this character. I consider that it is my duty here as a representa l\h. ALCORN. I call for the yeas and nays. tive to demand the conditions of the bond; and wherever the condi The yeas and nays were ordered; and being taken: resulted-yeas tions and penalties of the bond are sought to be avoided, to refer my 28, nays 15; as follows : constituent to the courts of the country, and if no relief is to be had YEA.S-Messrs. Allison, Anthony, Bayard, Boreman, Boutwell, Chandler, Clay there then he is without relief. ton, Conkling, Cooper.. Cragin, Dorsey, J!'enton, Ferry of Connecticut, Ferry of Mich Mr. CONKLING. Mr. President, this question does not arise on a il!:m, Flanag:m, Hamilton of Texas, Hitchcock, Morton, Pease, Ramsey, Sargent, Schurz, Spencer, Stockton, Tipton, Wadleigh, Washburn, and \Vinuom-28. bond nor does it affect the rights of sureties. The question is whether NAYS-Messrs. Alcorn, C::~.meroc, Dennis, Gilbert, IIa.mlin, Howo, Inga.lls, this officer finding unexpect.edly charged in his account, Kellv McCreery, Merrimon, Mitchell, Pratt, Sherman, West, and Wright-L5. Cash paid officers and crew in specie ...... $483 75 ABSE~T-hlessrs. Bogy, Brownlow, Carpenter, ConQver, Davis, Eaton, Ed Prize-money paid to E. Eldredge, engineer...... • ...... • • . . . 4U!l 58 munds, Frelinglmy:;en, Goltlthwaite, Gordon, Hager, Hamilton of Maryland, Har vey, .Johnston, .Jones. Lewis, Logan, MoiTill of .Maine, Morrill of Vermont, Nor. shall be debited with these twoitems amounting to $953.33, or whether wood, Oglesby, Patterson, Ransom, Robertson, Sanlsbnry, Scott, Sprague, Ste>enson, he shall be relieved. Stewart, and Th=an-30. I am well aware of the dangerous class of bills to which this be So tbe bill was passed. longs; I am well aware of the refusal by committees, the Judiciary HYGEIA HOTEL AT FORTRESS MONROE. Committee among others, to relieve in cases resembling this in gen Mr. CAMERON. Before the Senate proceeds with the regular call eral description; and yet I think it right to call the a,ttention of the of committees for business this morning,. I ask to be allowed to bring Senate to a fact which seems to exist in this case and which I am in up a bill which I reported the other day, and which was postponed clined to think goes fa.r to distinguish it from all the ordinary cases of by an objection from the Senator from Vermont, [Mr. EDMUNDS,] this kind. The fact to which I refer is this: these items were falsely which he has withdrawn. I urge it because it is to erect a building put into the account by a clerk, and that clerk wasnot a bonded officer, at Fort"ress Monroe, which must be commenced at once to be used he was not responsible; and, so far~ I am aware it.- is the ordinary during. the coming season. It is the bill (H. R. No. 3915) to authorize case; but now I come to the distinction: The report of the H ouse the Secretary of War to give permission to extend the Hygeia Hotel committee states tha,t this clerk was not selected by Mr. Coite at all, at Fortress ;fonroe, Virginia. There is no opposition to it. but in the language of the report: Mr. CONKLING. I a~k the .Senator from Pennsylvania to give me Your committee would state that the claimant was furnished with a clerk, Henry S. Beedle, detailed from the enlisted men on the boat on which he diu service. his attention for a moment. Under the rille the hour this morning belongs to the Committee on the Revision of the Laws. On the Calen Thus we find, as in another case to which the Senator from Ohio dar are from that committee two bills, one of them correcting errors referred, that the officer in misfortune has suffered through tho delin in the Revised Sta,tutes. That bill should pa~s so as to be bound up quency of one in no moral sense an agent of his, but one selectecl by with the statutes which are to be bound at once. I do not think it external authority to act in this capacity. There is another fact will take any time; and therefore, if the Senator from Pennsylvania stated in this report which strengthens this point, which h; that the will allow me, I will call up this bill and the other, which merely re making up of the account in which this falsehood occurs by this lates to the distribution of the statutes, as I am urged daily by the clerk was not only dming the absence of l\1r. Coite and his sickness, committee of the other House to get action upon tllem, and there is but was an act done under the order of the Treasury Department. really a serious objection to delay.· I do not believe it ought to take Let me read: five minutes to pass both bills. This last act of the clerk was performe ~l when Coite was confined to his bed by l\Ir. C.A1.1ERON. If the Senator had not interposed his objection, sic~ess, caused by a relapse from the yellow fever, which he had while on duty. we shonld have been through with this bill. It was up the other day, And it was done in obedience to an order from the Treasury Department. and there was not. a word said against it except an objection on the I express no opinion upon this, but I think it right to call t he at part of the Senator from Vermont, which has been withdrawn. It has t ention o:i the Senate to it, because it may be the judgment of the only to go through the form of reading, and it is necessary, in order to Senate that a ta.ngible distinct ion does arise from the fact that in be nsefnl this year, that the bill should lle passed at once. place of this clerk being an agent selected as a sheriff or ma.r hal se l\lr. CONKLING. I will not stand in the way of the Senator; llut lects his deputies, as a. collector of internal revenue selects his depu- if bis bill takes any time~ I hope he will allow me to :proceed. III--78 1234 CONGR,ESSIONAL RECORD. FEBRUARY 13,
Mr. CAMERON. Thank you, sir. up, and .do not know what its provisions are. I should like to have There ueing no objection, the uill (H. R. No. 3915) to authorizethe it read. I understand it is a short bill. Secretary of Wa1· to give permission to extend the Hygeia Hotel at The VICE-PRESIDENT. The bill will be 1·ead. Fortress .Monroe, Virginia, was considered as in Committee of the The Chief Clerk read the bill. Whole. Mr. THURMAN. I think that bill ought to be amended by a pro The bill authorizes t.he Secretary of Wa.r to grant permission to vision, if it is not already substantially contained in the bill, that Samuel M. Shoemaker, owner of the Hygeia Hotel at Fortress Monroe, any license granted by the Secreta.ry of War shall at all times he Virginia, to enlarge the hotel in such a manner as may be compati subject to revocation without the payment of any damages by tile ble with the interests of the United States, upon the terms and con United States; ::md I move a proviso to that effect. ditions set forth in joint resolution of the second session of the For Mr. CAMERON. I will accept that, although it has been guarded tieth Congress, Houso of Representatives, No. 266. before. Mr. BAYARD. I understand the motion to be to take up the bill. Mr. EDMUNDS. I suggest to the Senator from Ohio that this uill The VICE-PRESIDENT. Unanimous consent was asked and already contains a provision that this may be done upon the terms granted. . and conditions set forth in the joint resolution of the second session Mr. BAYARD. If the bill be before the Senate, I ask the honor of the Fortieth Congress, Honse of Representatives, No. 266. I able Senator who bas it in charge to give some explanation to the looked at that joint resolution the other day, and it provi The VICE-PRESIDENT. The District bill will be passed over Mr. BAYARD. I understand the· Senator from California offered informally. an amendment. Mr. CONKLING. I aak for the consideration of the bills to which Mr. SARGENT. That is provided for the bill on page 7: I have referred. Section 2916 is amended by inserting in the first line, after the word " alien," The bill (H. R. No. 4535) providing for the distribution of theRe the word.<~ "being free white persons, and to ali_ens." vised Statutes of the United States was considered as in Committee of the Who1e. It directs the Secretary of State to furnish for the On referring to the original volume I find that that word "alien" use of the Senate one thousand copies of the Revised Statutes of t.he should be in the plural. There is no word "alien" in the section, United States, and for the use of the House of Representatives three and I am afraid this -clause here may not be operative. thousand copies of the same, to be distributed to the members of the Mr. CONKLING. The reply the Senator from California makes present Congress. It also authorizes the Secretary of State to make enable§ me now for the first time t.o understand exactly the Senator arrangement with persons engaged in the business of selling books from Delaware. His inquiry relates to the amendments which h:1.ve to keep on sale the Revised Statutes of the United States ; but in been offered in one or the other House of Congress. any such arrangement it shall be provided that the same be sold at 1\Ir. BAYARD. They relate to alterations of the statutes. the Government price to all purchasers; and the Secretary may al Mr. CONKLING. Now I apprehend the Senator, and if he will low to any such person keeping the Revised Statutes for sale such pardon me, I wish to answer him. The very thing on which the com part of the 10 per cent. above the actual cost as he may deem just mittee which originated this bill ha-s been laboring is that of which and reasonable. the Senator n~w inquires; and the next bill consisting of errata is Mr. BAYARD. I should like to ask the honorable Senator who the assembling together of all those errors to which he refers a-s far reported the bill whether the indexes for these statutes have been as they have been able to discover them, so that the very purpose prepared Y of the process in which we axe engaged is to provitle for such alter Mr. COJ\TKLING. .They have been, as I understand, prepared under ations as the Senator from Delaware refers to. the direction given by the previous statute. The stn.tutes are about :Mr. THURMAN. It is quite obvious from what has just fn.llen to be printed and bound complete with the index; and it is deemed from the Senator from New York that the proper pla-ce to consider quite important to have, not this bill but the other which corrects the suggestions that have been made in regard to any errors which errata in the laws passed at once, to the end thn.t it may be published have occurred or any alterations that have been made in the Revised and bound with the statutes, the index being a part of the statutes, Statutes will be on the next bill, and not on this. as I under tand. ?tlr. CONKLING. Not on this bill, but the next. Mr. BAYARD. I can understand the entire inefficiency of the Mr. THURMAN. This bill provides simply for distribution. edition without the index; but it also occurred to me to ask w het.her Now I want to caJl the attention of the Senator to the provisions the errors which have been discovered in the Revised Statutes, or -to of the existing bill. It provides for furnishing to the Senate of the speak more correctly, the discrepancies between the ln.ws which were United States one thousand copies and to the House of Repre enta intended to bo revised and codified and the ln.ws which were pub tives three thousand copies for distribution to the members of the lished as the result of the codification, have been corrected in this present Congress. I do not understand that any part of these four present publication. The Senator is aware of the very trenchant thousand volumes are to be distributed totbecommitteesofeither Honse criticism which has been be towed, an lessness of expense about that latter suggestion of the Senator, in the The bill was reportc~ to the Senate withont amenument, ordered presence of which I take my seat utterly confounded. [Laughter.] to a third readinrr, reatl the thinl time, ~. ncl pas'eu. Mr. THUR fAN. The Senator should not have left his seat unless Mr. CONKLING. I ask now that ~be otber bill may be taken up. his wit was more pungent than it is this morning. [Laughter.] I ERRORS IN H.EVISED GT'A'IUTES. advise him to keep his seat until it is brightened up a little. The The Senate, as in Committee of the Whole, procee A.MEND~IE~ T TO AN APPROPRIATION BiLL. to-day and that he -will not interpose any appropriation bill on 1\Ion- Mr. MITCHELL submitted an amendment intended to be proposed da,y, I shall refrain from making the motion. . by him to the bill (H. R. No. 38:21) making appropriations for the cur l\lr. MORRILL, of Maine. Tbel'e will be no appropriation bill in a rent and contingent expenses of the Indian Department and for ful condition to be presented to the Senate ou Monday. filling treaty stipulations with various Indian tribes for the year Mr. MORTON. I hope to have a general unuer tanding that on ending June 30, 1876, and for other purposes; which was referred to Monday the Senate ~\ill without objection proceed to the considera the Committee on Appropriatious, and ordered to be printed. tion of the resolution in regard to 1\ir. Pinchbuck. The VICE-PRESIDENT. The question is on the amendment of the GOVElli~IENT OF THE DISTRICT. Senator from Iowa. The Senate, as in Committee of the Whole1 resumed the consider Mr. ALLISON. As suggested by theSena.torfromOhio [Mr. SHER ation of the bill (S. No. 963) for the better governmeut of the Dis MA...'l'] last evening, I desire tO modify my amendment. I send up the trict of Columbia. amendment, as modified, to be read by the Clerk. :Mr. 'MORRILL, of Maine. I think the question is on the amend The CHIEF CLERK. The amendment, as modified, is to in ert at tl1e ment proposed by the Senator from Iowa, [Mr. ALLISON.] close of section 94 : The PRESIDING OFFICER, (Mr. FERRY, of Michi~an.) It is. P.rovid,d, That claims presentecl and allowed imder the sixtl1 section of an act Mr. MORRILL, of Maine. I rise to say little or notlling in regard entitled"An ac:tforthe govemment. of tho District of Columbia, aml fur ot!Jer pur to that propo ition, although it seems to me eminently fit that it poses," approved J nne 20, 1874, shall be presented for exchange, as provided by the should be made. It is simply, as I understand, to give time for a seventh section of said act within four months from tho pas, age of this act, an!l if not so presented the privilege of thus exchanging shall not bo exercised bv :mv certain class of persons who hold a certain class of securities to pre holder of any such claim; and tho sinking-f-und C{)rnmissioners of tho District of . sent them. I do not understand that it is anything more than that. Columbia are prohibited from issninl! any bond, as providell in the seventh section But I wish to make a few observations in the nature of an appeal to of tho act hereinbefore referred to, after the expiration of four montbs from tho ll:LS· the Senate upon this bill. We have now been some three d:i.ys upon sage of this act: And providedfurtll.l'.r, rhat nothin_g contained in this act shall be construed to in any manner pledge the faith of the United States to the payment of the bill. Certain objections have been made to the bill. Those have any debt or obli~atiou of tho District of Columbia, or of the cities of Washington been fully considered by the Senate, and, so far as I know at the pres and Georg!\town, other than is provided for by the seventh section oftheactherein ent time,all objections to this bill have been overruled by the Senate. hefore referred to and the amendment thereto as to the fifty-year bonds therein re- It stands, therefore, in that position to-day. All be objections of a fu~d~ • fundamental character to this bill which have beeu made on the one The amendment was agreed to. band or the other have been considered and overruled by the Senate. The bill was reported to the Senate as amended, and the amend Now, it is agreed that something must be done; some bill must be ments made as in Committee of the Whole were concurred in. passed at this session. This is more likely to accomplish results than The VICE-PRESIDENT. If no further amendment be offere(l, the anything else which it is probable we can get. If these objections question is on ordering the bill to be engrossed and read· a third are not repeated again and no disposition is made to prolong the dis time; cussion, this bill may receive the consideration of the Senate, and Mr. THURMAN. :My fiiend from Delaware not now in his seat pass from it in the next few hours at furthest. I submit, therefore, [Mr. BAYARD] bad some amendments to offer to this bill. In his whether it is not fall.· on -the whole that it should have that consid absence I will offer one for him. I move to strike out of the fifty-sec eration at the present time, and that what has been acted upon should ond section, on pages 100 and 101, the paragraph commencing with ·not be renewed again. the word" and" in the sixteent.hliue, and ending with the word" ex I am emboldened somewhat to make this appeal to the Senate from emplary'' in the twenty-third line. this consideration: The time of this session is fast running out. The VICE-PRESIDENT. The Secretary will read the words pro Fifteen days, including the present, are all that are left to us-da.ys of posed t.o be stricken out. work in this sessidn-and of the twelve appropriation bills three only The CHIEF CLERK. The words proposed to be stricken out are·: have been considered and pa sed by Congress. Nine of these bills yet remain to be considered by the Senate in these fifteen days-a And every person, in whole or in part, owning or renting or permitting the occu pat.ion of a.ny buildin~ or premises for the sale of such article, or having knowl shorter period than I have ever known so many bills to be crowded edge that such article IS to be or is being sold or habitnall:y drunk therein, shall be upon the consideration of the Senate. liable, jointly and severally, with a.ny other person in this section made liable, in One word more on this subject. I think I have a right to appeal the same or diff~jrentsuits, for said compensation and damages, which may be ex to the Senate to vote upon this bill; vote upon its merits, and then emplary. if it is voted down, very well. This bill has devolved a great dea,l 1\fr. MORRILL, of Maine. I do not know that I am particularly of labor, not a welcome labor, not labor that has been sought by this strenuous about this proposition; out I will ask the honorable Sena committee; but it has devoted a great deal of time to it. If it turns tor from Ohio whether he does not know that this is very .like the out to be inadequate it can easily be corrected of course; bnt a.s law of his own State. some legislation must take place, it seems to me that the beat thing 1\Ir. THURl\!AN. Yes, sir; such provisions were in our laws, but the Senate can do is to accept the bill in its present condition, repeat they will not be in much after this winter, I think, for the people ing what I said before, as all the fundamental objections to it have have condemned them in the most emphatic manner. been considered and overruled by the Senate. Mr. MORRILL, of Maine. This proposition is in the nature of Now I wish to appeal to my honorable friend from Indiana who holUing dealers in intoxicating liquors responsible for the clamages sits near me [Mr. MORTON] who yesterday felt that he would be incurred by that practice. I do not deem it of importance enough to constrained to movo the consideration of a subject that is committed make any observations about it. to his charge. I can understand that my honorable friend feels in The VICE-PRESIDENT. T~e question is on the amendment of that way; but I appeal to him not to attempt that as against this the Henator from Ohio. bill. If he should move to lay this bill on the table and the motion The amendment was agreed to. should succeed, then we are to have this whole subject in some other Mr. BAYARD. When this bill was under consideration before the shape and at a time when it will be in my judn-ment impossible for holiuays, I propos~d to amend +,he section creatin6 a. board of excise, us to give it consideration. \Vhat is not done this week in the way n.nd submitted then to the Senate some.remarks in opposition to the of general legislation must yield to the hnperative and absolute general scheme proposed. by the bill for regulating the sale of intoxi necessities of the appropriation bills which will be upon you in the cating liquors. I shall now propose, having read the bill somewhat next fifteen days. As my honorable friend gave notice _on a former carefully as to the sections, to strike out the whole of them from occasion that at the close of the bill he wou1d proceed with his mat page 87 to line 48 on page 102, being" chapter 7 of the board of excise." ter, he will have general consent doubtless to take it up;· but now I Mr. President, this subject is one of great difficulty. Legislation hope that he will not feel constrained by anything that was said yes in rega.rd to it varies in almost every State of the thirty-seven. I am terday to interrupt the progress of this bill. Let us consider it to perfectly aware that while intelligent, careful, and conscientious day to the end; and I hope we shall bo in a condition to conclude it legislators may all concur as to the end to be reached, they differ before the Senate adjourns to-da,y. I wish to add one other thing; widely in their methods and ways of reaching it. I n,m very clear and that is, that I will ask the Senate to continue its session until as to the proper mode of dealing with this question by law. I am this bill is closed. Hot now refening ·to the domain of morals, I am not now referring Mr. MORTON. I ask the Senator whether be intends to pursue to thi as a simply social question; but law has its domain, morals the bill after to-day! have theirs. The question too often is made to take rather the shape Mr. MORRILL, of :Maine. No, sir; I int.end to ask the Senate to of sumptuary legislation, which has by almost all civilized nations continue the session of to-day tmtil this bill is disposed of. I have been long since abandoned as impracticable, inquisitorial, and utterly no expectation or desire nor do I believe that the circumstances of inefficient for the objects in view. There can be no doubt that it the business of the Senn.te and of the country will admit the press behooves the State, for the purpose of police regulation, to treat the ing of it one moment after to-day. Wit.h these observations I hope sale of intoxicating liquors with more care and with greater strin that we shall have a vote on the n.mendment of the Senator from gency than are generally used in framing laws relative to the sale of Iowa, [Mr. ALLISON.] other commodit-ies; but yet the principle remains that you are deal Mr. MORTON. I gave notice last night, feeling that it wa,s my ing with property, that you are attempting to apply rules which aro duty to do so, that this morning I would mn.ke a motion to lay this for the regulation of property in accordance with the safety of the bill on the table with a view to proceed to the consideration of the community. A strictly regulated, well-defined system of license, by r esolution in regard to the Senator-elect fTom Louisiana. The Sen which the sale of intoxicating liquors shn.ll be confined to those who ator from Maine makes an appeal for me not to do so. Now, with have made theh· business a source of large revenue to t h o State, by the understanding that this present bill is not to be pmsued after which the number of those will be lessened, by which the revenues 1240 CONGRESSIONAL RECORD. . FEBRUARY 13, of the State will be increa ed, tends rather to discourage the wide I am aware, Mr. President, if I am not trenching upon the honorable spread use or abuse of intoxicating tlrinks. Senat.or's time, for I do not wish to make a speech-- I am aware that there has been in many of the States of the Union !Ir. BAYARD. I would rather hear the Senator. the very dangerous, and I think the very falla-cious, attempt to min :Mr. MORRILL, of Maine. I am aware that in many respect there gle moral lessons with legal restrictions. Sir, the two schools are are provisions in this branch of the bill w4ich are more stringent entirely apart. There may be an inferential result from the char than is common to the whole country and which may be· offensive to acter of law proposed; but morals ptJr se are not within the domain the general sense of gentlemen here; bnt the subject it elf I hop my of laws of this character, and the attempt to mingle the two will, I honorable friend will not think it ne·ce sary to as ail. Therefore I think, he found malefficient and the cause of evil. . invite most certainly criticisms upon the several points in thi gen The bill as now proposed by the committee contains many features eral provision, and will co-operate and concur, if there i anything calculated to make the law not only odious but to destroy the self that should be deemed impolitic or excessive, in striking it out ; but respect of all the citizens who shall embark in the traffic which is the system it elf I hope will be retained in the bill. I hope my hon proposed to be legalized by this bill; and both of these to an extent orable friend. will not feel called upon to go any further than that, that, I think, make it exceedingly dangerous, and lead in thi:s com because I say to him, upon some consideration ofthesnbject, that the munity, not to the revenue, which they desire to obtain, not to the present system of licenses in this District is not, I think, whatitought discouragement of intoxication which we all desire to aid in, but to be. It is loose and irregular. will lead to concealment, will lead to hypocrisy, will lead to illicit ~Ir. BAYARD. I do not suppose it is what it ought to be, but I sales and to the qefrauding of the community of the revenue which believe it is a great deal better than what is propo ed to take it it could gain and properly gain by a moderate license law. Such a place. However, !18 no motion is before the Senate, and as ! "stated Jaw is now in force in this District. I do not mean to say that it my amendment as a proposition, without asking the Ch;;~ , ir r.o submit could not be improved; I doubt not that it could, and that its pro it, I will withdraw it, and ask that section 48 be amended on page visions coulll be made more strin~ent, that the license fees could be 92 by striking· out all after the word "for," iu line 33, to the end of increased, and the effect reached oy way of causing tho e who go to the section in line 41. That simply excludes this power of inspection the expense of taking out these licenses to become watchful thl)t by day or by night of the premises of any person who has taken out they are not defrauded of their more exclusive right to sell by the a license under this bill. I ask that the amendment be indicated. illicit sale of others all around them. The CHIEF CLEmL On page 92, commencing in line 33, it is pro My amendment is to strike out chapter 7, relating to the board of posed to stl:ike out the followiug words: excise, contained upon pages 87 and those following until page 102, And the members of said board, it.~ secretary, and any person expressly author for the purpose of allowing the present laws of the District regulat ized by the hoa.rd, shall be allowed at all times to freely inspect any place or prom ises licensed or that may be the proper subject of a license hereunder, and also any ing t.his subject to be kept in force. If Senators will ~lru1ce over article her einafter mentioned which may be kept or found at such place. And some of the provisions of this bill, they will see how h1ghly objec any member of said board, or person by it authorized, may at any time inspect tionable they are from the extent to which inquisition is permitted any p11.celicensed or th1.t requires a license, and whatever is sold or kept for s:~ .le in the establishments of all persons who shall take out licenses for or to give away therea-t. 1 the sale of alcoholic or fermented drinks. At page 92, fo1· instance, Mr. MORRILL, of Maine. I understand the amendment is now there is a provision that- confined to that. · The members of said board, (of excise,) its secretary, and any person expressly Mr. BAYARD. It is confinetl at present to that. That is my pre - authorized by the board, shall be allowed at all times to freely inspect any place ent motion. or premises licensed or that may be the proper subject of a license hereunder, and also any article hereinafter mentioned which may be kept or found at such place. Mr. MORRILL, of Maine. ·I do not care particularly about that. And any member of said boord, or person by it authorized, may at any time inspect The VICE-PRESIDENT. The question is on the amendment of any place licensed, or that requires a license, and whatever is sold or kept for sale the Senator from Delaware to strike out the words just read. or to give away thereat. The amendment was agreeQ. to. Observe, sir, the com;equences of such permission. Inquisition is Mr. BAYARD. On page 95 of the bill, commencing in line 62, it not confined to the members of the board of exci e, but they may reads: delegate that authority to any one else. Hostile and scandal-loving Any person (except druggists or apothecaries for the purpose and in the manner men may seek and obtain authority to visit the place of business of aforesa.J.d) who shall have or k eep any article included within either of said wine any one against whom their enmity has been excited by day or by and beer licenses or said liquor licenses, or who shall sell or give the same away to any person within said Di trict, or who shall allow the same to be drank npon any night, in garret or in cellar, in parlor. or in bed-room. There is no premises under his control, or where be sells or aids in selling any suob article or place left for privacy and for domestic and private right. Why, sir, drink, as a. business or occupation, in whole or in part, without such license so to it seems to me to state such a proposition is to insure its condemna do, shall, ·by 1·eason thereof, be doomed to have committed a misdemeanor, and shall tion by any one; it is degrading the character of the men who :tecept be punishable for such crime, &c. licenses subject to such nocturnal or daily examination. Sir, such It is very plain that that language is much too broad and that it examinations are hateful; they 'l.re not in consonance with the theory will embrace within its penalty any person who merely entertained of our Government in any way. If the inspection is to be permitted his friends at his table and gives them a glass of wine or spirit or of a. man's premises in any portion of them, that appropriated to the fermented liquor. I think if in line 65 the words "or give the arne dwelling of his family or of his guests as well as that appropria,ted away" were stricken out, the clause would be relieved in part from for the pub~ic carrying on of his business of hotel keeping or restau the criticism I have m;;~.de upon it. Therefore I submit that mot ion rant keeping, so that he is to have no privacy and ilia rights as a citi to the Senate, in line 65, page 95, to strike out after the word '' ell" zen are to be subject to inspection, ho tile, unfriendly,andscandalous the words "or give the same away;" so that the clause shall read: inspection, it seems to roo such a proposition is abhorrent to ally just .Any person (except druggists or apothecaries for the purpose and in the manner and fair mind. , aforesaid) who shall have or keep any article included within either of said wine Well, sir, let us look further at some of the provisions of the bilL and beer licen es or said liquor licenses, or who shall sell to any person within said t District, or who shall allow the same to be drank upon any premises unuer his Mr. MORRILL, of Maine. What section is that from control, &c. Mr. BAYARD. It is section 48, on page 92, from line 33 to line 41 inclu::>ive. Mr. MORRILL, of Maine. I do not think t)lat language is uscep As I desire to assist my friend from Maine in making his bill as tible of the construction put upon it by the Senator from Delaware. nearly unobjectionable as possible, perhaps I may offer now, and ask 'fhe Senator should bear in mind that this regulates the dealing iu that the question be put by the Chair, an amendment to strike out liq u.ors, and it applies simply to persons engaged in their sale. It pro that authority of inspection to be found upon page 92, contained vides that ai man sJ1all not sell or give away except within the limi between lines 33 and 41. If my honorable friend agrees with me in tation of his license; that is all. It does not invade the domestic believing such a proposition injurious to private right and beyond circle, nor does it inhibit the giving of the article away to persons or the proper domain of legi lation in authorizing the examination of a private gentlell}an keeping it in his own house, in his own ce1lar, in premises so licensed, I shall be very .glad. all varieties. It has no reference to that at all. It has reterence, I Mr. MORRILL, of Maine. I understood the Senator's proposition will say to my honorable friend, simply to per ·ons who are dealing to be to strike out the entire chapter. in it, that in the premises licensed for such a purpose they shall not Mr. BAYARD . .I did propose that; b11t it may.be that I maybe sell nor shall they give away except within the terms of the licous . successful in procuring certain modifications of it, and I woul put in milk, to find ont how much alcohol there is in spirit, and the · 1\ir. MORRILL, of Maine. There is no motion pending, and I want like. I suppose it is contemplated that something of that kind is to appeal to my honomble friend from Ohio not to evolve his wit on to be done. I do not know, I cannot tell how many chemists are this bill. If he tells all he knows and does not know about the stat to be employed for this purpose; but I do know that any such pro utes on temperance, I am afraid the end of this session will find this vision as this destroys the practical efficacy of your bill. There is no bill pending. I beg, therefore, to be excused from hearing anything reason in the world for this division into wine and beeF licenses as on that point. Let this go out if the Senate choose; it is not at all one claRs and liquor licenses a-s another. important. I ask, Mr. President, if tl;tere is any question pending Y Here is another curious thing about it, when yon come to describe The PRESIDING OFFICER, (Mr. .ANTHONY in the chair.) The the class: question is on the amendment of the Senator from Delaware. Under tho hear1 of liquor licenses shall be included all licenses for the keeping ~b·. MORRILL, of Maine. What is that f I thought it had been or. ale of rum, whisky, bmndy, gin, or other Mr. MORRILL, of Vermont. I offer an amendment to come in on by-law, so to speak, by an action or whatever el e, when you come to page 72, after line 126 of section 34 : a matter of crime and are to punish a person as a criminal by impi·is And in relation to gaming-houses and gambling, and the seizure, confiscation, and onment, for instance, instead of by an action, you cannot do it by destruction or disposal of all the tools, implements, :md articles u ed for gaming. authorizing this board of regents or anybody elso in this District to I hardly think that this amendment needs any explanation ; it is make a thing a crime that. the statutes have not declared to be a merely to give authority to the board of police to m~tke regulations crime. That is my point. in re pect to the seizure or confiscation of tools and im1>loments used Mr. MORRILL, of Meline. There is no pretenRe that they have in gambling-houses. any such power as that, and therefore it was that I said that must be Mr. EDMUNDS. I do not believe that provi ion is adequn.te as a left to the interpretation of the law. toLality and there ought to be a law-perhaps it is in this bill some - ~1r. EDMUND::;. I appreciate the force of that. I was now replying where-which shall positively prohibit, instead of providing for the to my friend from California. who seemed to imply by what he said tha.t regnlation of, gambling-houses, &c. lt may. be that something of this authority to the commis ioners to make regulations of this char the kind is in the bill. I should like to have the Senator from 1aine acter, by-laws, so to speak, to be enforced by an action for penalties state bow that is. no more than $250, &c., as it is limited was sufficient. I think it Mr. MORRILL, of Maine. There is. . ought not to be the sole legislation in respect of gamin&"-houses aud Mr. EDMUNDS. If this bill does not contain any prohibition of other places that are vicious in themselves, as distinguisned from the this character, it ought to do so. Instead of providing regulations~ ordinary affairs of leaving ashes on the sidewalk and things of tha.t such as the·amendment of my colleague proposes, conferring power kind. to regulat-e them, the bill ought to provitle a positive prohibition Mr. SARGENT. Where does the Senator find tho provision which again t such things being tolerat_ed under any circumstances. But limits the penalty that may be pre cribed by ordinance for immoral if the Senator from Maine says, as I understand him to have said, ity, to an action and to a fine of $250 7 that there is a prohibition of that character, then I should like to ask Mr. EDMUNDS. I s it not in the seventh section Y iny colleague what office this regulation clause is to perform. If you Mr. SARGENT. If so I do not find it. are to prohibit gambling absolutely, as you do not prohibit the sale l\1r. EDMUNDS. Let us ee: of liquors, then there is no occasion for-regulations on the subject of Whoever sba.ll violate any legal ordinance made and promulgated hereunder · keeping such houses. shall be liable for the penalty so fixed for any violation thereof; anu such penalty may be rec~vered in a. civil suit in the name of said District, as said commissioners Mr. SHERMAN. I have looked through this bill, I think, enough may autb.onze. to see that there is no criminal code in it. There is no definition of any offense in the bill that I see, to be punished by law. I suppose I suppose that the learned gentlemen who drew up this bill and it is left to the law aa it now stands. spent so much valuable time upon it were impre sed with the idea I Mr. EDMUNDS. The law as it now stands, as I understand it, have just suggested, which is not by any means a new one, that when leaves this matter to the Metropolitan police. you are to proceed against a man rmder criminal law for a crime, you l\Ir. SHERMAN. So I understand. cannot make any act of his a crime by authorizin~ a board of regents Mr. THURMAN. There is a law punishing the keeping of gam or anybody else to say so; the law must say what 1s a crime and what bling-houses. ·is not. The regents may make a regulation for the violation of l\lr. SHERMAN. Not at all, but I understand it is left to the Metro which they may enter a civil suit and recover a particular sum;· and politan police and unless they act there is practically no prohibi my simple point is that in some wn,y we ought to provide in connec tion. tion 'vith this scheme a provision which shall make it the duty of Mr. EDMUNDS. Will the Secretary be kind enough to read the those administering affairs in this District. to enforce a statute which amendment and its connection again f I am unable to see, .running operates of itself against crimes of this character. thron~h the bill hastily, any provision prohibiting the keeping of Mr. MORRILL, of Maine. My understanding is that there is a law gambling-houses. · in the District against gambling. Of course it will be the duty of The PRESIDING OFFICER. The amendment will be read. the commissioners to make rules and r egulations for the enforcement The Chief Clerk read the amendment and the clause of the section of that law; bntthey would not be authorized to make a law. to which it is attached under the head of "ninteenthly." Mr. SARGENT. I have no objection to making tbi matter more .Mr. ED~1UNDS. That is in section 34 ; so that in this respect it specific and maldng the power of the board more specific; but I will read, when adopted- should like to call attention to the fact that on page 8 this provision That the regulations of the board of police (subject to said supervision) shall, follows that which has been read by the Senator from Vermont: among other things, contain aJlpropriate provisions in effect not inconsistent with this act, and on the subjects followmg, and they may be abrogatecl, or amended new But in any instance, any sa.id penaltv m'l.y be regarded a~ in the nature of a fine, ones added, by the board from time to time, na.mely : . and the same may be enforced and coliooted as any other fine, in the police court. First. Relative to the time and manner of exercising authority and discretion by any subordinate of the board, except as herein otherwise provit[ed. That is' to say, a civil aQtion may ue maintained to recover the amount, or it mn,y be treated as a fine and be enforced by imprison Then it goes on with a series of municipal regulations touching ment, as for instance it is in my State, and I presume it is so in this subjects which are not wrong in· themselve , street regulations, and District, where. for every two dollars of fine one day of imprisonment all that sort .of thing. Now, to provide that this board may make is inflicted until the amount is consumed by the imprisonment. I regulations touching gambling-houses, With only authority to enforce pre ume there is some such method of enforcing penalties in tbe police tho e fegulations by a mere municipal fine, to be recovered by an court here. This would give the power of prosecution for the viola a-ction of debt-becau e I doubt whether you could punish a man tion of an ordinanoe prohibiting immorality, to enforce the penalty criminally for not obeyirig the orders of this board, for criminalla.w as a fine, to be collecteJ in the same way that tiue are collected in mustremanate from the supreme authority-it seems to me is totally the police court. inadequat~. If we are to authorize them to do anything on the sub The PRESlDING OFFICER. The question is on the n,mendment ject of these affairs, they ought to be required to abolish them as of the Senator from Vermont, [Mr. MOHRILL.] nuisances, and of course if they made a mistake the parties injured 1\Ir. THURMAN. If the idea of that amendment i that these people coulil appeal to the com·ts. But whatever they are to do about can provide for seizing private property and confiscating it without gambling-houses and other vicious places of that character, it seems any judgment of a court whatever, I am oppo ed to it; but I suppose to me they ought to be required to f I 1875. CONGRESSIONAL RECORD. 1247 manufacturers anywhere. The effect of it will not be to operate on will satisfy them and their people. I do not object to their doing that class of children whCl are fortunate enough even to be in the just what they think proper in their own sections, but here we meet employment of rich manuf:wturers. · upon different ground. ·we meet here upon compromise ground. Year after yc.ar, since I have been here, have you appropriated Men of extreme opinions and men of moderate opinions meet here, $30,000, $40,000, and $50,000 n·om the Treasury in the middle of win and we must settle those things someh9w or other. In legislating for ter to keep the poor children in this District n·om starvation. Now this District, that has been the case hitherto and will be in all time when you vote to compel them to go to sch.ool, vote first to fill their to come . . We should not attemt to pass a bill.of this kind where bellies. To compel the wretched children who are begging for their particularly on its main features there is so much antagonizing opin parents in this District to go to school or IIL:'l.ke them or their parents ion. At the same time, where numbers are so close, we must compro suffer the penalties of this bill, is simply an absurdity. It is cruel mise upon all questions of this kind. and inhuman. This bill, besides the twenty-fifth gection, provides ample facilities Education is undoubtedly a necessity in this country. It is un for public schools; all opportunities are afforded; and I think the doubtedly true that we cannot hope that repnblic:w institutions shall friends of the measure, the friends of a government in this District, for any length of time continue in this country unless we educate the those gentlemen who are in ' earnest about the establishment of a people; but a compulsory system of education which omits altogether .government here, may well omit this entire section. any reference to the circumstances of those who are compelled to go Mr. SHERMAN. I should like to say to my friend that he cer or of those who have charge of them or may be dependent upon them, tainly bas not read this section. This section does not apply to the . ·is certainly an absurdity. It is requiring what cannot be done, and case so finely pictured by the Senator from New Jersey at all. It punishing where there is no fault and no crime. Mr. President, not says: long since I met in t.he streets of Washington a poor boy ten or eleven That, except in cases of the pecuniary inability so to do. years of age covered with rags, his feet bare in the middle of the cold When a person can show that he is pecuniarily unable to send his est days in the winter. On the statements of those who were kindly child to school and furnish clothing, the section does not operate at charitable to inquire,. I found that the boy had a widowed mother all. It is only intended to compel those who have the means to edu and five or six brothers and sisters over in what they call the Island. cate their children to use those means to a limited extent; that is all. He was a white boy with a strong Virginia accent. Where those Mr. THURMAN. Will my friend from Maryland allow me one people came from I do not know, nor their history. Those who were moment to state a fact that bas just come to my knowledge 'I cba.ritable enough, I know, did att.end to that little case. . Is that boy Mr. HAMILTON, of Maryland. Certainly. to be made to go to school fourtee:a ·weeks without clothes and with- :Mr. THURMAN. It is from a person perfectly well acquainted out shoes or stockings f · with the affairs of this District and one of its officials. According to Your compulsory system is not for the rich. It is notfortbosewho his estimate there are ten thousand children in this District for whom can afford to pay for their education. It is for the poor ; and this there are not school accommodations, for whom there is no school system would apply to the poor b.oys who cannot provide for their room ; and yet wo know t.hat the school board is behind. We had to wants, tbe wants of their parents and the wants of their starving appropriate a large sum of money at the last sessjon in order to pay brothers and sisters, and who require the pittance they earn simply its debts. How can you enforce this section under such circum- to sustain life. This boy, assisted by a few charitable people, was stancesf • started as a newspaper boy and from begging around as a newspaper Mr. HAMILTON, of Maryland. I admit that the whole Of this sec boy be advanced until be finally got into another little business, and tion is not as objectionable a.s the honorable Senator from Ohio [Mr. the last I heard of him be WaR driving a cart on the public works. THURMAN] bas implied. It is the latter part of the section that is so You want him to go to school. What are you going to do with the entirely objectionable to him and to those gentlemen who think with brothers and sisters be supports f What is his mother going to do him, and it is obj ectionable to ·me; but I say it is manifest that un when she waits for him to come back tance of our passing this section so as to express our opinion to these shall be elected by the qualified voters of this District, and if that commissioners, if it only amounts to a declaration, that they should amendment be adopted then this election machinery will berequirec1. make provision for the schooling of the children. Mr. SARGENT. If that be agreed to, we can non-concur in this The ques1iion being taken by yeas and nays, resulted-yea-s 23, amendment when the bill comes into the Senate. nays 29 ;- as follows : 1\Ir. EDMUNDS. But we are in the Senate now I understand. The YEAS-Messrs. Bayard, Bogy, Cooper, Davis, Dennis, Eaton, Q.Qldthwaite, Q.Qr. bill has been reported to the Senate. don, Hager, Hamilton of Maryland, .Johnston, Kelly, McCreery, Merriman, Nor· Mr. :MORRILL, of Maine. And has been for hours. wood, Ransom, Sargent, Saulsbury, Sprague, Stevenson, Stockton, Thtll'IDan, and Mr. SARGENT. Then I withdraw my motion. Tipton-23. · 1\Ir. MORTON. I desire now to renew the substitute I offered NAYS--Messrs. Allison, Boreman, Boutwell, Cameron, Chandler, Clayton, Cra¢11, 3, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Har~ oy, U:owo, Ingalls, yesterday for section providing for the election of two of these corn- Mitchell, Morrill of Maino, Morrill of Vermont, Morton, Patterson, Pease, Ramsey, missioners. · Scott, Sherman, Spencer, Stewart, Wadleigh, Wru;hburn, West, and 'Vright-29. The VICE-PRESIDENT. The amendment of the Senator from ABSENT-Messrs. Alcorn, Anthony, Brownlow, Carpenter, Conkling, Conover, Indiana will be read. Dorsev, Fenton, Ferry of Connecticut, Gilbert, Hamilton of TelCaS, Hamlin, Hitch· cock, Jones, Lewis, Logan, Oglesby, Pratt, Robertson, Schurz, and Windom-21. 11-Ir. MORTON. I suppose we an know what it is. The CHIEI<' CLERK. The amendment is to strike out the third sec So the amendment of Mr. THUR.\IAN wa-s rejected. tion of the bill and in lieu of it to insert : Mr. SHERMAN. I ·move to insert on page 7, section 7, line 4, be- SEc. 3. There shall be at the head of said Department a. board of commissioners, fore the word "vice," the word "gambling." . to consist of three members, one of whom shall be appointed by the President of Mr. THURMAN. Before we leave section 25 let me offer an amend the United Stares, by ancl with. the advice aml consent of the Senate, aml two ment to it. to be elected by the qualified voters of the District, to be known as the board of commissioners of tho District of Columbia, and the members first to be appointed Mr. MORRILL, of Maine. I have no objection to the amendment and elected respectively shall be so for the terms following, in the order of their of the Senator from Ohio, [Mr. SHElmAN.] appointment, namely : first, one for six years, to be elec.ted; secondly, oue for four The amendment wa, I 1250 CONGRESSIONAL RECORD. FEBRUARY . l3, The result was a.nnounced-yeas 25, nays 20; as follows: Mr. SARGENT. I am influen~ed by the feeling stated by the Sena YEAS-Messrs. .Allison, Bavard, Bo~, Cooper, CruRin, Da~s, Eaton, ~old tor from Pennsylvania,. I thought they should lJave a minority of . tbwaite Gorrlon Hamilton of fury lana, Johnston, Kouy, McCreery, Merrunon, this board and I thought also that there should be the principle of Morrill 'of Maine', Norwoot\ Ransom, Sargent, Saulsbury, Scott, Stevenson, Stewart, election ui_ the board. I have voted steadily and have wade motions Stockton, Thurman, and Tipton-25. f NAYS-Messrs. Boreman, Boutwell, Chandler, Clayton, Edmunds, Ferry o to produce that result. :Failing in that, however, I shall certainly Michigan Flanaaan Frelinn-huysen, Hamilton of Texas, Howe, In:ralls, Pease, vote for two now. Ramsey Sherma;), Spencer, 'Vadleigh, Washbum, West, Windom, and Wright-:-20. Mr. STEWART. I move to amend the amendment by striking out ABSENT-Messrs. Alcorn, Anthony,· Brownlow, Cameron, Carpenter, Conk~g, the provision for two to be elected and inserting one. I think that Conover, Dennis, Dorsey, Fenton, Ferry of Qonnectic?t, ?-ilbert, Hager, Hamlin, Harvey, Hitchcock, Jones, Le.wis, Loaan, Mitchell, 1Iurnll of Vermont, Mortoh, will o-o in now by unanimous consent. Oglesby, Patterson, ~ratt, _Robertson, §churz, and Spragu&-28. . Th~ VICE-PRESIDENT. The question is on the amendment of the Senator from Nevada to the amendment of the Senator from So the amendment to the amendment was abrreed to. Vermont, which will be read. The VICE-PRESIDENT. The question now is on the amendment The CIIIEF CLERK. It is proposed to amend the amendmenb so of the Senator from Indin.va, [1\fr. MORTON,] as amended. as to make it read: ·Mr. MORTON. Yesterday, after the amen~D?-ent offered by the That there shall be at the head of said department a. boarcl of commissioners, to Senator from California had been adopted proVIding that on~ of these conRi~:~t of three members, two of whom shall ue appointed by tbe President of the commission~rs should be elected, I voted against it because I mtended Unit-ed States, by and with the ad rice. au!l consCllt of the Senate, and one to be to renew my amendment in the Senate and agn.in take the ~ense elected by the qualified voters of tho DIBtrict. of the Senate upon having two commissioners elected. I am sat1sfied Mr. SCOTT. There is one question of time that I shonld like to un that with a full Senn.te my amendment would carry; but ma~y Sen derstand. We have voted upon this several times already; and unless ators are absent, several who would vote for the aw~n~ment 1fhere. I can see some indication of a change in the manner of voting, I sha~l Now as we cannot procure the election of two comm1 swners by the have to vote ao-ainst0 it, because I do not propose to go through this people,·I think it for their interest that they- sho~d at le!lst ~ave repr:e operation half a dozen times. sentation on the board, although they will be m a mm~mty ~ 'Ylll :Ur. STEWART. This will be adopted now. therefore now vote for the amendment as amended; that IS, proVIding 1\h'. SCOTT.. I do not believe in useless forms of legislation; and as that one of these commi.Rsjoners shall be elected by the people. this will be the third time we have been brought ·to this vote, unless The VICE-PRESIDENT. The question is on the amendment a-s I cau have some assurance that those who have heretofore voted amended, upon which the yeas and nays h~ve been ordered. against electing one will change their course, I shall vo.te for electing The Secretary proceeded to call the roll. . . two. Mr. DENNIS, (when his name wa-s called.) On this question I am The VICE-PRESIDENT. The question is on the amendment to paired witb. the Senator from Arkansas, [Mr. DoRSEY.] If present the ,n.mendment. he would vote" yea," and I should vote" nay." . . The question being put there were on division-ayes 23, noes 22. :Mr. MITCHELL (when his name was called.) On this questwn I Mr. EDMUNDS. I call for the yeas and nays. am paired with th~ Senator from California., [Mr. HAGER.] If here The yeas and nays were ordered. he would vote ''nay," and I should vote" yea.." :Ur. joHNSTON. I ask that the question be stated. Mr. MORRILL, of Vermont, (when his name was called:) Under The VICE-PRESIDENT. The Clerk will stn.te the question. standing that t-he Senator from illinois, [Mr. LOGAN,] if pm~ent, The CHIEF CLERK. The amendment to the amendment, if it pre would vote "yea "-being so informed by the Senator from Indiana, vail, will making the pencling amendment read: I vote" yea." . . Mr. MORTON, (when his name was called.) On thi_s qnestwn I There shall be at the head of said Department a board of commissioners, to con sist of three members, two of whom shall be appointed by the President of the am paired with the Senator from :Missouri, [Mr. SCHURZ.] If he were United States, by and with the advice .an~ consent of the Senate, and one to ue here he would vote "nay," and I should vote "yea." elected by the qualified voters of the DIBtnct. The I'esult was announced-yeas 22, nays 24; as follows: Mr. MORRILL, of Vermont. Not knowing how the Senator from YEAS-Messrs. Allison, .A.nthony, Boreman, Boutwoll, Chandler, Clayton1 Cra gin, Edmunds, Ferry of Michigan, Flanaaan, Frelinghuysen. Howe, Mor.nll of Illinois [Mr. LoGAN] would vote on this question, I withhold my vote, Vermont, Pease, Ramsey, Sargent, Scott, Sherman, Spencer, Washburn, Wmdom, being paired with him. I shoulcl vote "yea" if at libertyto do so. and W righ t-22. . Mr. MORTON. I am paired with the Senator from 1\Iissourj [Mr. N.A.Y&:-Messrs. Bayard, Bogy, Cooper, Davis, Eaton, Goldthwaite, Go_rdon, ScnURZ.] If pre.<>ent he would vote ''yea," and I should vote ''nay." Hamilton of Maryland, Hamilton of Texas, Johnston, Kelly, McCreery, Mernmon, Morrill of Maine, Norwood, Ransom, Saulsbury, Stevenson, Stewart, Stockton, 1\lr. DENNIS. I am paired on this question with the Senn.tor from Thurman, Tipton, Wadleigh, and West-24. , . Arkansas [Mr. DORSEY.] If he were present I should vote "yea." ABSENT-Messrs. Alcorn, Brownlow, Cameron, Carpenter, Conklin[-;. Conover, The question being taken by yeas and na~s, resulted-yeas 23, nays Dennis, Dorsey, Fenton, Ferry of Connecticut1 Gilbert, Hager, Hamlin, Harvey, 22 ; as follows : Hitchcock, Ingalls, Jones, Lewis, Logan, Mitchell, Morton, Oglesby, Patterson, Pratt, Robertson, Schurz, and Sprague-27. YEAS-Messrs, Bayar NAYS-Messrs. Allison, Boreman, Boutwell, Chamller, Cragin, Ferry of Michi services as store-keeper of the bonded warehouse of E . W. Dutcher, gan, Frelinghuysen, Howe, Morrill of Maine, Morrill of Vermont, Morton, Ram at Amboy, Illinois, from the 18th day of April, 1868, to the 15th dt y of sey, Sar.gent, Scott, Sherman, Stewart, Wadleigh, Washburn, and Windom-19. ABSENT- Messrs. Alcorn, Anthony, Brownlow, Cameron, Carpenter, Conkling, October, 1868. . Conover, Dorsey, Fenton, Ferry of Connecticut, Gilbert, Hager,l1amlin,Bal"\ey, Mr. HAWLEY, of lllinois. This is the unanimous repor t of the Com Hitchcock, Ingalls, Jones, Lewis, Logan, Mitchell, Oglesby, Patterson, Pratt, mittee on Claims. I ask unanimous consent that the bill be passell. Ransom, Robertson, Schurz, and Wriglit-27. . 1\fr. RAJ\TD.A.LL. There ought to be some explanation giveu. Mr. MORTON. Before the result of the vote is announced I give Mr. HAWLEY, of illinois. There is a report from the committee notice that, ill accordance with the understanding, on-Monday morn accompanying the bill. ing I shall ask the Senate to proceed to the consideration of the .Mr. RAJ\TDALL. Let it be read. resol ution in regard to the right of Mr. Pinchback to a seat in this The Clerk commenced reading the report of the committee; "hich body. is as follows: Mr. EDMUNDS. Let us have the v.ote announced. The sworn statements of the petitioner ancl of Robert Little, the then collector of The VICE-PRESIDENT, (at six o'clock and fifteen minutes p. m.) internal revenue for the third uistrict of Illinois, show that Norma.n H. Ryan was daly appointed and commissioned by the saiu Little a;s store-keeper of the bonued Twenty-eight Senators have voted in the affirmative and nineteen warehouse {Class A) of Elisha W. Dutcher, at Amboy, in saiu district, on the 27th in the negative. So the Senate stands adjourned till M9nday at twelve day of June, 1867. The compensa.tion of that office was fixed tmder the regulations o'clock. of ·the Department, as shown by the following communication: "TREASURY DEPARTMENT, "OFFICE OF INTERNAL REVENUE, "Washington, A'U{Jt£8t 9, 1867. HOUSE OF REPRESENTATIVES. "SIR: Your recommendation of four dollars per diem as the salary of Thomas H . Ryan as store-keeper of E. ,V. Dutcher s bonue NAYS-Messrs . .Adams, Archer, Arthur, Ashe, Atkins, Barnum, Barrera, Biery, .1\Ir. BUTLER, of Massachusetts, called for the yeas and nays. Bland, Bowen, Brown, Buck--ner, Buffin ton, Burchard, Burleigh, Benjamin F . Butler, The question was taken upon ordering the yeas and nays; a.n d there Caldwell, Cannon, Carpenter, Cason, Caulfield, Chittenden, John B. Cb.rk, jr., Freeman Clarke, Clements, Conger, Cook, Cox, Crittenden, Crossland, Crounse, were 34 in the a.ffirmative. Danford, Darrall, Dawes, Duell, Durham. Eames. Eldredge, Finck, Fort., Foster, So (the affirmative being more than one-fifth of the la-st vote) the Garfield, Giddings, Gunter, Eugene Hale, Hamilton, Hancock. Henry R. Harris, yeas a.nd nays were ordered. John T. Harris, Harrison, Hatcher, Havens, John B. Hawley, .Jos eph~- Hawley, Hays, Gerry W. Hazelton, Hereford, Herndon, E. Roc1..-wood Hoar, HoskinR, Howe, The question was taken; and there were-yeas 97, nays 117, not voting 75; as follows: Hunter, Htmton, Hurlbut, Hyde, Ka.sson1 Kelley, Lamison. Lawrence, Lawson, Lewis, Lowndes, Luttrell, McKee, McN•ut.a, Merriam, Milliken, Mills, :Mi.tchcll, YEAS-MessrR. Adams, Archer, Arthur, Ashe, Atkins, Banning, Barnum, ·Monroe, Moore, Morrison, Neal, Nesmith, Niblack, Niles, O'Brien, Orr, Orth, Barrere, B1and, Bright, Bromberg, BrownJ Buckner, Caldwell, Cason, Caulfield, Packer, Hosea W. Parker, Pendleb.m, Perry, Phelps, Pi&ce, Pike, Pratt, Randall, John B. Clark, jr., Clements, Clymer, CooK. Cox, Crittenden, Danford, Dobbins, Ray, Richmond, Robbins, James C. Robinson, James W. Robinson, Ross, Ileury Dmmell, Durham. Finck, Foster, Gunckel, Gunter, Hamilton, Hancock, Hatcher, B. Sayler, Milton Sayler, Sener, Sheats, Sheldon, Sherwood, L::~-zarus D. Shoe Gerry W. Hazelton, Hereford, llolman. Lamison, Lawrence, Lowndes, Magee, May maker, Sloss, A. Herr Smith, John Q. Smith, South..'trd, Speer, Spra~e, Stone, nard,Alexanuer S. McDill, McKee, MeNulta., Milliken, Mills, Monroe, Moore, Myers, Storm, Strait, Swann, Sypher. Ta.ylor, Thompson, Thornburgh, Todd, Townsend, Neal, Nesmith, Niblack, rnes ,0'Brien, O'Neill, Orr, Hosea W. Parker, Parsons, Tremain, Tyner, Vancc,\Vaddell, MarcnsL. 'Var41, ·wells, WitHchead,Whitehou~e. P erry, Phillips, Poland, Ranclau,1 Jame8 C. Robinson, James W. Robinson, Henry Wilber, Charles W. Willard, George Willard, Charles G. Williams, William B. B. Sayler, Schell, Isaac W. Scudder, Sener, ShankH, Sheats, Sheldon, Sherwood, • Williams, James Wilson, Wood, Woodworth, John D. Young, and Pierce M. B. Sloss, H. Boardman Smith. John Q. Smith, Southard, Speer, Sprague, Alexander H. Young-145. · StcJ!'hens, Stone, Swann, Christopher Y. Thomas, Vance, Wadtlell1 Wells, White, NO'£ VOTING-Messrs. Albright, Bannin..,., Barry, Bass, Beck, Bell, Berry, Whitehead, Whitehouse, Whiteley, Whitt-horne, John M. S. Williams, Jeremiah Blount, Bright, Bromberg, Bundy, Bnrrows, Ro'aerick R. Butler, Cain, Amos Clark, M. Wilson,Wolfe,Wood,Woodworth,John D. Youn .~, and Pierce M. B. Young-97. jr., Clayton, Clymer, Clinton L. Cobb, Coburn, <..:omingo, Corwin, Cotton, Creamer, NAYS-Mes rs . .Albert, Averill, Barber, Bass, Begole, Biery, Bowen, Bradley, Cnrtis, Davis, DeWitt, Dobbins, Eden, Farwell, Freeman, Fry-e, Glover, Gooch, Buffinton, Burchard, Burleigh, Benjamin F. Butler, Cain, Cannon, Carpenter, Gunokel, Ha The Clerk reads as follows: Mr. GARFIELD. 'Ve have in that respect followed the law ex- For Army pensions to invalids, widows, and dependent relatives, revolutionary actly as it is. pensions an :Mr. YOUNG, of Georgia. I regret it, but if t~ . gentleman will ~fr. FIELD. He has not. There .are now two vacancies existing yield for a moment I will ask to have read a communication from by reason of his inability to fill them. The expense is precisely the the Secretary of \Var. same, and we may a well have this costly academy fillerl by the Mr. SUITH, of Ohio. I reserve the point of order until the com youth of our country and allow them to have the full benefit of it. munication is read. I call for a voLe. l\ly amendment does not change existing legisla The Clerk reaus as follows: tion nor does it add to the expense required to maintain the Mili WAR DEPARTME!'IT, tar. Ac.ademy at West Point. Washington Oity, JanuaT'IJ 7, 1874. 1.1r. YOUNG, of Georgia. I desire to say to my friend from Michi SIR: Yon will rememb r that during the present summer I spoke to you of the gan that there is nothing in the law to prevent the President doing desirability of increa ing the b~nd of. the ~tary .A.ca.~omy, and I ~csiJ:e again ~o that now. bring the subject to your attention With a VIew of sccurmg such legiSlation as will promote the efficiency of this the only band tha.t is a.uthoriz.ed by law for the Mr. FillLD. The President informs me that he cannot do it. The law is -ambiguous, and this a~endment will make the duty of the .ar~ldeTstand that at the last session of ConP.'ess a bill having thi~ ob,j• ct in view President plain with reference to filling vacancies that ma,y occur was introuuced and pa sed one Hou~e, ~ut. f~ed for want of time m tp.e o~hcr. I among the number of ca The following is the letter from the War Department : GOVER~iENT OF THE DISTRICT OF COLU::\IBIA. WAR DEPARTMETI, 1\Ir. COTTON, by unanimous consent, from the Committee on the Washington Oity, January, 4, 1875. District of Columbia, reported a bill (H. R. No. 468B ) for the support DEAR Sm : Since my conversation with you about Military Acauemy matters I have written to the Superintendent, and have his reply concerning the mu.<>eum, the of the government of the District of Columbia for the fiscal year end school-house, and the employment of a principal mechanic. I quote from his letter, ing June 30, 1876; which was read a first and second time, recom- as follows: mitted to the committee, and ordered to be printed. . "As to builO:ing for military museum:. From tiJJ;le. to time article~ made for military purposes, or models of snch articles pertaining to t~e Engmeer, Ord PRINTING OF THE ARMY APPROPRIATION BILL. nance and Quartermaster's, and other Departments of the serVIce have been sent :Mr. GARFIELD. I ask unanimous consent for the reprinting of to or procured for the academy for use, by way of illustration, in the education of cadets· also articles valuable as relics connected with military events, or from the Army appropriation bill, as I understand the edition is nearly p ersonal ~r other association; that such quantity of articles has thus accumu exhausted. lated as to require room for its proper use and storage not now available. The There was no objection, and the oruer to print was made. only room available, and which baa not capa-city for present wants, is in the a~d emy building. It is proposed, if an appropriat.ion for a building shall be had, to. SOLDIERS' MONUMENT, GLOUCESTER, MASSACHUSETTS. collect in one building what arti.c~ essuitable for the purpo~e are now ~m hand and Mr. BUTLER, of Ma-ssachusetts, by unanimous consent, introduced est3blish the foundation for a military museum. A collection of the kind does not now exist in this country. The intention is, as far as may be possible, to collect a bill (H. R. No. 4689) to donate condemned cannon for inclosing the a.nd arrange specimens, and when suc.Q. canno~ be had, ID:O~els of all kinds of can soldiers' monument at Gloucester, Massachusetts; which was read a non, with carriages, muskets, or other arms, w:tth ammurution for same, mannfa~ .first and second time, referred to the Committee on Military Affairs, tured in our country, applianc,es of the Quartermaster's J:?epartmentfor field trans and ordered to be prl.nteu. portation of stores and shelter of troops, &c., of the Medical Department for fi eld purpose , and of the Subsist;ence D epartme~ t, the .different .kinds of equip~ents METROPOLITAN POLICE DISTRICT OF COLUMBIA. from time to time used, and m fa-ct a colle-ction which shall illustrate tho military :.Mr. BUTLER, of Massachusetts, also, by unap.imous consent, intro history of this country in so far as relates t PRINTL.~G OF AN AMENDMENT. Mr. CONGER. I hope the gentleman will not insist on that; many of these snrveys relate to works in his own State. Mr. F IE LD.- I ask unanimous consent to have printed an amend The SPEAKER. The gentleman from Massachusetts demands the ment which I desire to offer in Committee of the Whole on the state regular order, and the Clerk will proceed to read the bounty bill. of the Union to the bill now pending in relation to the tariff and the Mr. DAWES. The question was between the bm1nty bill and the increase of the revenue. bill in relation to the revtln~es of the country. The House has de There was no objection, and.the leave wa-s granted. I cided to proceed with the bounty bill, and I think they should do so. 1256 CONGRESSIONAL RECORD. FEBRUARY 13, Mr. ALBRIGHT. The gentleman from Ohio [Mr.GUNCKEL] yields Mr. KASSON. That is just what I wanted to know. to me to ask a committee of conference on a bill. Mr. GUNCKEL. I shall move at the proper time to strike out both .Mr. BUCKNER. I dernanu tho regull1r order. sections . The SPEAKER. The Chair hopes tho gentleman now demanding l1r. GUNCKEL. lli. Speaker, the House has kindly given two hours the regular order will maintain it so that some business may be done. for the special consideration of a bill to equalize solcliers' bount!os.. The Clerk will road tho bounty bill. It was reported at the last session from the Committee on Military EQUALIZATiON OF BOUNTIES. Aflairs, bnt on the point of order that it appropriated public money it was sent under the rules to the Committee of the ·whole on the stn.te The Clerk read the bill, as follows: of the Union, where it has quietly rested ever since. Hoping to hasten Be it enacted by the Senate and House of Representative~~ of the United States of its consideration, I moved at the last session to suspend the 1ules antl America in Congress assembled, That there shall bo allowed and paid to each and e"ery non-commissioned officer, musician, artiticer wagoner, and private soldi~r, pass the bill, but one member cried ont in aloncl voice that "it will including those borne upon the roll'! as slaves, wno1 faithfully served aa such m take four hundred million acres of the public land" and another the military service of the United States, who have been honoraOly discharged from added, "Yes and a hundred million dollars from the Trea.snry." No such service, the sum of eirrbt and one-third dollars a month for all the time which debate was permitted; I was not permitted to deny tht'ir statements such non-commissioned officer, musician, artificer, wagoner, and p rivate soldier a{}tually so served, between the 12th day of April, 1861, and 9th day of May, 1865. nor explain the provisions of the bill ; and I was not surprised to :find SEC. 2. That in case of the death, either before or after the pa,o;sage of this ad, of that the bill failed to receive the requisite two-thirds vote. any such non-commissioned officer, musician, artiticer, wa~oner, or private soldier, Let me assure the House, in the very beginning, that so far from the allowance and payment shall be made to hi:> widow, if she has not remaiTied, or, if thoro be no widow, or she has remanied, then to tho minor child or children taking four hundred million acres of public land, we do not take a of such deceased non-commissioned officer, musician, artificer, wagoner, or private single acre; anP, that instead of 100,000,000, it will require from the soldier. public Treasury much less than we appropriated a little while ago for SEc. 3. That in computing and a-scertaining the bounty to be paid to any non the payment of invalid pensions. commissioned officer, musician, artificer, 'Yagonm·, or private oldier, or to his proper representati ,re, under the provision of this aut, thoro shall be deducted there And yet it is a bill in which more than one hundred thou and of the from any and all bounties already paid under tho provisions of any United States brave men who fought the battle of the war for the life_ of the or t.ate laws. nation are interested; and not only they, bnt several thou and SEc. 4. That no bounty under the provisions of this a{}t shall be paid to or on ac widows and orphans of those who died of wounds received or sick count of any soldier who erved as a substitute in the Army, or who was a cap tured piison'er of war at tho time of his enlistment, nor to any one who was dis ne s contracted in the service of the country. They beg no cha,rity, charged, on his own application or request, for other c::mse tllan disability incurred seek no gratuity. They ask justice. They believe that the Gov in the service, prior to the l!Jth day of April, 1865, 1ruless such discharge was ob ernment owes them a debt, a just debt, more than ten years ago prom t.'lined with a VIOW to re-enlistment, or to accept promotion in the military or naval ised, bnt still unpaid; and all they ask is that the Government pay service of the United States, or to be transferred from one branch of the military service to another, and such person tlid a.ctnally so re-enlist, or accept pr6motion, what is honestly dne them. or was so transferred. .And no bounty shall be paid to any soldier discharged on I beg, therefore, that yon will put all prejudice aside and give thoir tho application or at the request of parents, guardians, or other persons, or on the case a patient hearing and a fair consideration. ground of minority. Now, Speaker, I desire by way of reminder to gentlemen on · 'Eo. 5. That every petition or application for bounty made under the provisions Mr. of this act shall disclose and state specificallyhtmder oat.h and under the pains and both sides of the House to sencl to the Clerk's desk the platforms of penalties of perjury, what amount of bounty a been paid under the provisions of the two great political parties of the country, the platforms on which any United States or State laws to the non-commissioned officer, musician, artificer, both the republicans and democrats on this floor were elected. I wagoner, or private soldier, by whom or by whose representa.t.ive the claim is made. to SEc. 6. That the widow, if she has not remaiTied, or if there be no widow, or she shall ask him nrst read, from McPherson's Manual, plank 8 of the bas remaiTied, the minor child or children of any non-commis ioned officer, musi republican platform. It is the boast of the republican party that it cian, artificer, wagoner, or private soldier, whose enlistment was for a period less has fulfilled every pledge it ever made, and I believe that from the than one year, ana who was killed or died while in the line of duty, dnring the war formation of the )!arty down to the llresent time, it has fulfilled all for the suppression of the rebellion, or who shall have since died by reason of wounds rece-ived or c1isea e contracted while in such service, shall be entitled to its plerlges with ~vo exceptions; one was the civil-right bill. We receive the sum of 100. have done what we could in this Honse to redeem OUJ' pledge in that SEc. 7. That in case the bounty due any person under this act shall amount to a respect. The other was to equalize bounties; and I now ask my re sum not less than 100, it shall be at the option of such person to receive from the publican colleagues on this floor to make good that pledge also. Government, through the Second Auditor of the Treasurv, in lieu of such bounty, a warrant, notsubject to assignment, receivable at any of the land offices of the Unit-ed The Clerk read as follows : States in full payment of one hundred and sixty acres of- any of the public lands We hold in undying honor the soldiers and sailors whose valor saved the UniQn. subject to entry by homestead or purchase; and for any lands located with said Their pensions are a sacred clebt of the nation, and the widow· and orphans of tho e warrants, patents shall be issued without requiring proof of either residence or set who charge, and an additional bounty of 100 under a subsequent act of Congress, but ice, and so were ruled as not entitled to bounty. My friend's they received no loc~l bounty. The soldiers, however, who ent-ered in the ~att~r amendment provided that any soldier mustered in before the 6th of part of -the war r0061ved a bounty of $100 per annum and large local bounties rn adilition thereto. August should be entitled to bounty. But the Second Auditor held Your memorialists also ask leave to call attention to the fact that a great many tha. t as these meu were mustered in '' on" and not '' before" the 6th soldiers entering the Army at the early stage of the war.were discharged on ac of August they were not included, and so they were again ruled out, count of disease, or to enable them to accept commissions, before the expiration of and remain unpaid to this very day. . . two years, and did not, therefor~ receive either the original or the additional bounty. I will state another very hard case, and I commend it to the notice- J ustiee, as well as tho interests of the nation, delllQDds that the bounties should of the New York delegation. · . be equalized. Justice, because the class of soldiers first referred to have done as -The United States called for three-years men. The State of New York much, if not moro, service than the class entering the service at a later period, did not wait for that call. Her Legislature provided for enlisting two and should, therefore, receive at lea-st equal compensation. The interests of the nation demand such equalization, because the present inequality, if permitted to years men, and accordingly thirty-eight New York regiments were remain, would have a tendency to prevent, in case of a war, voluntary enlistment mustered into the United States service for two years. They served at a time when troops would be most needed, and force the nation to resort either faithfully and were honorably discharged, but have been denied boun to draft or exorbitant bounties. Your memorialists therefore respectfully pray that an act equalizing bounties be ty because they did not come under the call. Should they suffer for passed at as early a day as possible. the mistake or fault of the New York State authorities 1 Should the Approved March 3, 1874. Government of the United St::i.teS attempt to avoid payment on such W. R. TAYLOR, a quibbleY Gover-nor. Let me give one other caee, because a frequent one, and I will close Obedient to these demands, gentlemen have from Monday to Mon this recital. Take the ca-se 9f men who, for instance, served one year day introduced bills to equalize bounties, until their number bas be eleven months and perhaps three-quarters of a month, who were then come so large that if I felt quite sure that all who introduced -bills taken sick, sent to hospital, and being permanently disabled and so would vote for one upon its final passage I would have more than of no -further use to the Government were then sent borne, and have enough to pass this bill and could spare the House the infliction of been sick ever since-disabled for lifo. These men, simply be-cause this speech. they did not serve the full two years- because they were physically All these petitions, memorials, and bills, together with hundreds of unable to do so, having been used up in the service and the Govern letters, have been r·eferred to the Committee on Military Affairs; and ment chose to dismiss them to get rid of further support-have been I have ·done what is rather unusual, I have carefully read them all. deprived of their bounties. I have desired to learn every complaint and to ascertain exactly what I have thus given you illustrations of several classes of cases where the evil was, so that a full and proper remedy might be applied. And hardship and injustice seem to have been done and where a remedy as I think something of the same kind will help the House to a proper is justly demandable from the Government. understanding of the subject, I will give a few cases, as specimens of But before I speak of remedies, let me ask · how came these ine classes, taken from these memorials and petitions. qualities, this injustice f The men all claim that these bounties A petition from Danvers, Massachusetts, states that many enlisted were promised, tha,t it was a part of the contract under which they between July and December, 18tH, and served nearly two years, but enlisted, and that they are debts justly due them from the Govern by reason of disability contracted in the service were prevented from ment. Is this soY And if so, why have they not been long ago paid Y serving out the full term, and so received no bounty. Some served I hold in my hand Raft' on Bounties, and in it :find some sixty dif within a few weeks and some within a few days of the full term of ferent acts of Congress relating to bounties, together with the proc two years, out never received one dollar of bounty; while others lamations of the President of the United Stat-es, orders of the War served nearly the full term of three years and yet received but fifty and Treasury Departments, and a digest of the various decisions of dollars bounty. officers thereunder. To these must be added innumerable proclama A number of Pennsylvania soldiers complain (as indeed do men tions of governors, orders of State officers, statements of military from all the States) that although they enlisted for and served faith committees, and promises of recruiting officers. From this" confu fully for three years, that because they were promoted for galln.nt sion worse confounded " I think we may get clearly three things: conduct in battle, and did not serve the whole time as privates, they First, that the general purpose of the Government was to pay boun have been deprived of their bounties. In some cases men served as ties to all soldiers at the rate of 100 per year, or, as clearly expres ed privates twenty-three months, in others thirty-five months, but in the act of July 4, 1864, to pay 100 to one year's men, $200 to two being promoted even in the last month of their service, they lost years' men, and $300 to three years' men; second, that the common, more in bountythan they gained in increased pay. Practically, they general understanding of the people and those entering the service were punished because deserving promotion. was that bounties would be paid at the rate of $100 per year to all Some soldiers of the Thirty-ninth Ohio state their case thus : They soldiers for whatever term they enlistfld ; third, that by reason of enlisted for the term of three yea-rs under the President's proclama the many fragmentary acts, hastily passed as each emergency de tion of May 3, 1861, before the 22d day of .July, 1861; but by the fail manded, some of them naming special amounts for particular terms ure of the officer to correctly date their enlistment and of the United of service ; and by the strict construction and severe technical rulings States mustering officer to muster them into the service before Au of the Departments, many just and deservmg cases have been rulect gust 6, 1861, they have received, and under existing laws, a-s construed out and bounties refused, which in common j nstice ought to be paid by the Treasury Department, can receive no bounty. and at the earliest day possible. · • Soldiers ,from Missouri, Kentucky, Ohio, Indiana, Iowa, and West The United States has .already paid nearly 400,000,000 in bounties. Virginia who enlisted for six or nine months, or any period less than Compared with this amount it will take but a trifle to pay the re one year, were excluded o-n a decision by the War Department that mainder, and so cancel the entire debt and relieve the Government · they were not volunteers but militia. Some of these soldiers were from its last obligation. It will have to be done some time. Wey in the hottest engagements, did the hardest duty, and perfoqoed not meet it boldly now and dare to do justice to the gallant men to most gallant service, and although they were promised bounty, have whom we are really indebted for our national existence and all that never received one dollar. . is near and clear to ns as a Republic f The surviving members of the First Tennessee Mounted Infantry M1·. McKEE. Will the gentleman tell us just how much it will say that they enlisted in the service and served faithfully until they take from the Treasury f were discharged, but 1t so happened that they enlisted between the Mr. GUNCKEL. I will come to that in a few minutes, and then I dates of two calls; that soldiers enlisted before and after received will cheerfully answer any question relating to that part of the sub full bounties, but they received nothing at all. The officers held ject. that they were too late for the one call and too early for the other. Now, to meet all this inequality and injustice, we have carefully They say that in their isolat.ed position they knew nothing about prepared a bill which we think will answer e ery complaint, reach these things; they only knew that their country needed their serv every difficulty, and meet every reasonable expectation of every sol ices, and that it wa-s their duty to go into the Army and do the best dier in the whole country. It adopts what is well known as the they could. equalization principle. It provi(les- Some of the enlisted men of the Fourth Iowa. Regiment complain That there shall be allowed and paid to each and overynon.commissioned officer, that they were enrolled prior to July 22, 1861, but on account of being musician, artificer, wagoner, aml private soldier (including those borno upon the ordered beyond the limits of the State of Iowa, were not regularly rolls as slaves) who faitlifully served as such in the military serricc of tho Unitell Sj;ates, who bavo been honorably discharged from such service, the sum of 8.331 mustered into the Uniteu States service until subsequent to August 6, a month for all the timo which such non-commissioned officer, mn.osician, artifi 1861, and so deprived of bounty. cer, wagoner, and private soldier actually so served, between the 12th day of Many touching appeals come from widows and orphans, wno plead April, 1861, and the 9th d:ty of :May, 1865. - tlrat as their husbanus and fathers gave their lives (having died since But that no bounties shall be paid to any but such as are really the war, but from sickness contracted in the service) and so all they deserving, it provides that no bounty shall be paid to or on account could give, they should have the bounty promised and believed to ·of any soldier who served as a eubstitute, or who was a captured be due from the Government, but which for some cause ur other is prisoner at the time of his enlistment, nor to any one who was dis denied them. • charged on his appli.!lation or request or on tho application or request And now to show how. these inequalities and wrongs have origi of pa,rents or guardians or other persons, or on the ground of minority. nated and been continued, I will state a case of a Connecticut Mr. LOUGHRIDGE. I desire to a.sk the gentleman a question. I regiment, which my friend from Connecticut [.Mr. KELLOGG] at observe in the bill the words "including those borne on the rolls as tempted by a distinct provision of law to meet. The men enlisted in slaves." I do not understand that there were slaves on the rolls. J nne, but, without any fault on their part, 1·emai ned in camp until the Mr. GUNCKEL. They wer.e slaves at the time. I think t,here w:-ts 6th of August before they were mustored into the United S_t.ates serv- a provil:iion at one time early in the war that t~e :rp.oney should be 1258 CONGRESSIONAL RECORD. FEBRUARY 13, i paid to th~ masters. Now it will go to the men. There is no distinc deduction just, and as it is one of the leaillng features of tho bill, tion on account of color. I will say once for all that I cannot yield for a motion to strike it Mr. LOUGHRIDGE. They were slaves then 'l out. Mr. GUNCKEL. Yes; when first put ou the rolls. . Without stopping to explain the bill any further, as you have Now, the important question is-and I have been asked it several printed copies before you, I return to the question, what will it cost T times-what will this measure cost 'l Satisfied of the justice of this General Schenck, in the Thirty-ninth Congress, estimated his bill at claim the Committee on Military Affairs have made it their great :30,000,000. Henry D. Washburn, in the".l'.,ortieth Congress, estimated Labor 'to find out ·some me thou of doing the right thing to the soldier his at the same amount. Mr. Krebs, in the Forty-second Congress, and at the same time making as little draft upon the Tren,sury as estimated a bill similar to General Schenck's at $20,000,000. possible. We have spent days and weeks upon this work; and we Now, I beg special attention to the important fact that three bills think we have reported a bill which does full justice to all the soldiers, alluded to were broader and more . expensive than the one here now and is yet so peculiarly framed and so carefully guarded that it takes pending. I think they would have cost a third or a quarter more a much less amount from the Treasury than any bill of this kind here tha.n this one will, if not amended in the House. And then you tofore reported to the House. should consider that since the time of those estimates many men have Mr. SAYLER, of Ohio. But I hope it does not do any injustice. gone abroad or have died; many have died without leaving widows or Mr. G NCKEL. It does not; it does justice to the soldier, and at minor children ; so that the amount required under the same bill the same time to the Government. And as illustrating this, I refer to would be considerably less than four or six years ago. If these gentle the second section of the bill, which provides that in case of death men calculated with reasonable accmacy, and I presume they did, I the bounty shal1 be paid to his widow if she has not remarried, or if would be safe in asserting that this bill would not req nire more than there be no widow, or she has remarried, then to the minor child or $20,000,000. children of such decea-sed soldier. The usual provi~ion is to give to Mr. WILLARD. DidnotthePaymaster-Generalestimate$100,000,000 the widow, whether she has remarried or not, anuin case of her death for Schenck's bill 'l · · to the children, whether minors or not; and if there be no children, ~:t:r.GUNCKEL. Yes,hedid. I wasjustabouttoalludeto it myself. then to the father or mother, and if no father or mother, to the brot.hers I have his estimate before me. And let me say right here, that, so far as and sisters. This change will cut down the cost of the bill several I know, neither he nor the Comptroller, nor the Second Auditor, has millions of dollars. Anu it, does no injustice. If the widow shall ever made an estimate on the present bill. We examined them all have so far forgotten her husband as to have loved and married some before the Military Committ.ee and prepa.red our bill afterward; and body else, she has no meritorious claim on the bounty of the Govern iu the light of what they told us, and what we could learn from all ment by reason of her former husband's services. So we see no good other sources. I shall be wil1ing to admit that they are not ver.r favor reason going beyond the minor children. It is some· ten years since able to equalizing bounties at either theWar or Treasury Department. tbe war closed, and most of those who were then children are ~own With all deference, I fear they have no great respect or sympathy up, married, and presumably able to support -themselves without for a private soldier of·the volunteer service at the War Department. Government aiel. And. at the Treasury Depa:rtment, naturally enough, they look to The bill introduced by my good friend Governor WARD, of New the Treasury only-seeking to get as much in and let as little out as Jersey, was a most generous provision, and IthinktheHousediditself possible. We have seen how strict, severe, and technical they have credit by passing it. It was a section of our bill, but much more ex been in construing the old laws; what favor can we expect from pensive~ you passed it. Governor "\VARD said it would cost $600,000. them in estimating for a new one? .As we had it, it ought nottohavecostmorethanone-halfthatamount. I hold in my hands the official estimate of J. M. Brodhead, Comp Mr. SAYLER, of Indiana, arose. ~ troller of the Treasury, on Judge NIBLACK's bill, dated February 15, Mr. GUNCKEL. I prefer to go on and answer questions when I 1874, and in it I find this statement: am through. .Tanuarv 15, 1872, the Paymaster-General submitted to Ron. .TORN ConURN, chair We made the bounty $100, you made it $200; we confined it to man of House Committee on Military Affairs, an esti.ma,te of t.be amount required to widows who have remained unmarried and to minor childrep only. carry out the provi ious of H. R. No. 89, kuown as NmLACK's bill, the amount You gave it to the widow in any and every case and to the children, being 137,275,105.94. * * * My estimate on the first-named bill (H. R . No. 89) whether minors or not, and also provided for the father, mother, was $101,947,8-25.00. brother, sister, &c., and the result is an extra expenditure of several .A slight difference in the estimates of these two officers of only hundred thousand dollars. I speak of that simply to show how care $35,327,~SO,OOO! fully we have tried to · guard the bill and avoid any large expend Now mark. These two officers, both capable and honest, with the iture of money. same data before them, doing a work they bad often done before, Again, we provide in section 3- estiinate the cost of the same bill and differ $~5,000,000 I Is it not That in computing and ascertaining the bounty to be paid to any non commis mere conjecture- guess-work' And are we t.o deny our soldiers and sioned officer, musician, artificer, wagoner, or private soldier, or to his proper rep refuse to pay a just debt because of snch guess-work' But let us resentative, uuder the provisions of this act, there sh:~.ll be deducted therefrom a.uy go a little fnrther. Where do they get their data 'f From the Adju and all bounties already paid imder the provisions of ~ny United States or State tant-General. Well, I have here General Townsend's testimony, and laws. we shall see how reliable are the data. I will a..sk the Clerk to read And by so doing we cut down the cost of the bill nearly one-half. the portions I have marked. · • For the information of the House, I will append a table showing the The Clerk read: local bounties paid by the several States: Mr. GUNCKEL. Have you furnished data for the estimate of cost of equalizing b(}untieB bounties to Paymaster-General and Second .A.uuitor of the Treasury ~ Local paid by the States. General TOWNSR:ID. I have done so in various forms. I ba.ve done so iu a com- · Maine...... •. . . . •.. . ••...... • . •...... • ...... $7, 837, 643 97 plete form in 1872 to the Pay~aster~Genera.l. The statement is fouud on page 1540 New Hampshire . . •...... •... -· ----· .•..•...•.•...... _..•.. 9, 636, 313 00 of volume 88 of the CongressiOnal Globe for 1872. · Vermont ...... •..•.•.• ...... • .• .•...•..•....••• . •. _.. 4, 528, 774 88 Mr. GUNCKEL. Are the figures given there taken from records or are auy of Massachusetts .....•...... •. .•...... --· ...... •..••...•.•.•..•. 22, 965, 550 36 them estimates 1 Rhode Island...•...... •..•. ..•...••...••••••...... •...•••.•.•..•. 820,768 60 General TOWNSEND. It would be seen by rea4in.g the report that some are esti Connecticut.... -- .... .•.•..••••.••...... ••.....••••.••••.•...... 6, 887, 554 27 mates. For instance, the average duration of service· is estimated. New York ...... •....• -•. -..••.. .•... •..••.••...... • ...... ••• 86, 629, 2-28 15 Mr. GUNCKEL. How do you approximate the average.duratiou of service 1 New .Jersey ...... •..•... ..•••.•...... •• ....•.• . .••....•. • 23, 868, 966 62 General TOWNSEND. By taking the muster-out rolls of several regiments· and Pennsylvania...... • . •.• . ..•• - •••••...... ••••.... _• .• _• •.•..•. 43, 154, 986 92 strikinu an average between the dates of enlistment and discharge. Delaware ..... •...... •.••• -- . ••.•.•••••• ..••••...•..... • . •... _.. •.• 1, 136, 599 06 Mr. ~UNCKEL . That would be a. mere estimate; and all that you claim for it is 6, 271, '992 00 that it is approximation 1 ~~~~i c~1~'b~: ::::::::::::::::::::::::::::::::::::::::::::: 134,010 00 General TO..,VNSEND. Ye.s. I suppose that the estimate would exceed the real ~ 864,737 00 ity, for it is safer to overestimate than to underestimate; but I do not think that ~~t~X~~~::::::::: :~:::::::: ::: :: : : :: :: ~:::::::::::::::: : :::: 69::!, 577 00 the basis of calculation would be affected to the amount of $10,000,000. Ohio .... -- ...... •...•... •.•.... . • . - -·--- -··-... - -~ · -· .•.. -- . ... . - . . 23, 557,373 00 * * * * * * * Indiana. -· . ...••. -· .••..•...•.•..•••• -··-·- ---- ...... •..••...... 9, 1B2, 354 02 Mr. GuNCKEL. The work would ruu over a period of years 1 lllinois ...... 17' 296, 205 30 General TOWNSEND. Some of the bounty laws limited the payment to two years. 9, 664, 855 00 This one of Senator CLAYTO~'s floes. wi~~~: ::~::::::: ::::::-::::::::::::::::::::::::::::::::::::::: 5, 885, 356 19 Mr. Gm - . I 1875. CONGRESSIONAL RECORD. 1259 General TOWNSEND. I did not prepare the statement in person; but! think it does. and nine-months men, and that of those who enlisted for one, two, * * * * 4l * * or three years many de erted soon after enlistment, and very many Mr. GtJ~CKEL. Do you det.luct those who resigned with a view to accept promo· tion in the military or naval service of the United States 1 others were killed or sickened and died long before their term of serv General Tow~ EW. Tho e m-e not deducted. ice expired. Who believes there were 2,574,60 men in the ervice Mr. GUNCKEL. How many would that class probably embrace~ who served an average of thirt.y months each Y And yet that is the General TOWNSEND. I cannot guess. It would require a. long and difficult re search to ascertain the number. basis of their calculation; for they figure what it would cost to pay Mr. GONCKEL. There ia a cleduction made in that tablo for bounties already paid; that many soldiers for thirty months each at the rate of .3:3t per woult.l not these amounts be larger at this time~ month, then deduct what has already been paid in bounties by the General TOWNSEXIJ. They would be very large. . Government, and hold the balance as the true amount. required to .Mr. Gtn~CKEL . Thatwoulu be an important element in the calculation W General TOWKSE)IJ). Yes. equalize bounties. Was ever a statement more unfair .Mr. GUNCKEL. That calculation is on the assumption that every one entitled to a Why, when one of the former bounty laws was pending a similar estimate was made that the co t would be 200,000,000, and yet they boae!~r~~~!i~~;~ Yes. have nearly all been paid under that law, ami the actual amount is Mr. GUNCKEL. Here, .then, we see bow the boa-steel data upon less than one-third the amount estimatecl. which all estimates have been based are obtained. General 'Town Now, sir, I have had a calculationma{}e,notbyth~Paymaster - Geu send, .who is one of the most intelligent and reliable officers in the eral, nor yet by the Comptroller or Second Auditor; but made by an Army, does not claim accuracy for the figures given, but frankly ad intelligent, -reliable gentleman, educated and trained in one of their mits that some of them are probably incorrect and others mere esti offices and thoroughly competent for the work. ·we all know that mates- attempts to approximate the truth ; that the tendency is to such work or calculation is not made by the beacl of a Department or overestimate ; and that the total given may exceed the real amount Bureau himself, but by some oue in their employ. I have deemed it in t he sum of 10,000,000. Coming down then to the real truth, the best to go to the original source without the ordinary circumlocution. P < ymaster's :figures are a mere estimate upon an estimate of the I shall not trouble the Honse to read the statement, but will print it Adjutant-General; an estimate upon an estimate; a guess upon a in my remarks, a.ncl I venture to say that the only mistake about it is guess ! And yet it is upon such :figures that Congress is to be fright that it is much larger than the actual truth will sustain. For.he has ened from doing its duty and paying an honest debt. taken the data of the .A.cljntant-General, which t.he Adjutant-General If time permitted, I could show you that they are not even good himself admitted might be $10,000,000 too much. . at guessing. Why, what do they do f They take every soldier that .A. MEMBER. What is the total i was ever put on paper at the War Department, whether in the Army Mr. GUNCKEL. The total is $29,728,634.86; but with General or not, and, as General Townsend admits, those that re-enlisted are Townsend's ueductio;n it would be only about $20,000,000. And mark, counted twice. So they :figure up the total number of men enlisted that is not to be paid at once. General Townsend said ·in his testi at 2,574,608. Then they make the average time of service to be thirty mony it would take ten years to pay the bounties. So if this esti months. Remember t here :were three-months men, s~- mo nths men, mate is correct, it would only take two or three millions per year. Equalizatio-n of bounties-eBtimate of expenses. ~ ~ .s ~ . 000 .,; Cl) .s ~ "g rd ...... 0 Cl) ~ Cl)~ '"' ~ ~ 0 s;:l ~ 8.;:l ..... ~ d Q.. ~ Date of calL Q a O CI) :Remarks. p, ;..,<:: 1-4"' ., Cl) ~I» >:! .,">:10' .0 ..s .0~ ::::! p Aprill5, 1861 · --·· -· · -· 75,000 3 93,326 2.') • • - . ··---- • • - • • •• • • •• - • • - - - • • • ·----••• -- -- •• ---- · ·-- - • •• - ••• - • • - - .-•• ••••• •• - • • -· •• . {1) 2, 333, 150 .May 3,1861 ·-···· ···-·· ...... 6 2, 715 50 · ---- · ·------· - -- ·- · ·· · - ···· - -- ·----·------·-·······-···-···· ••••• ..•• . .••••• ••••. 135, i!:O 12 9,056 100 905,600 J uly 22 and J uly 25, 1861 500, ooo { 24 30,959 $150 50 ·· i oo · ~~t i~iY. .22:ia6i."~d. ··5o· ~~-t- j;_ii 2a: i866· ::::: :::::::::::::::: ··-<2i · 4:642: 5oo· 1, 54i, 500 36 671, 419 200 100 100 act July 22, 1861, and $100 act July 28, 1866 ...... -- . . -- . . . . :. . . . (2) 134, 283, 800 67,141, !JOO J u ne 2, 1862 .. _..•• ...... 3 15,007 25 375, 175 July 2,1862 ··-···------300,000 36 430,201 200 1oo :: :::::::: : :::::::::: :::::::::::: ::: ·_-_-_-_-_-_-_. ·- -~ ·::_-_·_-_-.-.::::: : :: : : :::: · ~ (2is6: o4o:wo 43,020, 100 August 4, 1862 ...... __ . 300,000 9 87,588 75 6, 569, 100 :Regulars .. . _. .•• ___ . __...... 36 24,768 200 1oo · ii~i-~oa bet~ee-~ -A.prii i2: ·is61: ·~d ·a~i~l>~r- i,-is63: ~~a il"o"t. ~ib.~r: · · · · (2i4: 953: ooo 2, 476, 800 wistl embra{)ed in this estimate. 158,507 400 . _. • _. Vete1·ans ...... _. . . _... __.} Cred1ted under these three calls, ( . - . . {3)6:3, 000, 000 . _. _. _. __ . _. _ October 17, 1A63, Feb- 150,000 · 300 · ---·· Est.imated·-·-···· · -·· ·· · · whichnumberincludesalltllel···· 45,000,000 ·· · · · · · ··· - ·- r uary 1, 1864, March 700, 000 100, 000 200 . . _. _. Estimated ...... _...... men raised in t.he summer and< ..... - ...... 10, 000, COO 14, 1864. } 36{ 165, 3G5 · --- -· ...... Substitutes, estimated ··-· fall of 1 63, and to July 18, l·- ·· ··· -····-·· ··- ·· ...... ·-- ·· · 84,956 ...... ·--··· Paid commutation . .. . ·-·· 1864. ·-·. · · · ··-· · ...... April23toJuly18, 1864...... 3 83,652 12 } July 18, 1864 · · - -··-·---· 500, ooo{ 24 272,463 { ~~ } . ~. - ~~~ -~~~~: ~~~-- ...... :.:·. _·_·_·_·_·__ ·_·_·_·_·_:·_·_· :::::::::::::::::.:::::: :: : :::: : : ::: ::::: . ••• • ~- "~. 3~ 36 1 2 ~ 100 { D ecember 18,1864 ..•• .. 500, ooo{ 24 194,653 1 ~gg 36 5. .. . ··· -·· ····-·· --· ·- -· ·-··-· ·--- ·· ---··- :··-- ···-··---- -······ ·- ···· ·· ···-·········--· ·-· ·-··--· ··-· Amount required to equalize fractional periods of service .--·· . - -. ·-- --- . _- · ---- -· 5, 000,000 ------Total. ••••••.• ---. 2, 675, 000 . : . • . . 2, 574, 608 405, 021, oco 141, 596, 000 DEDUCTIONS. Maximum. $141, 596, 000 00 (l) One-quarter of 2,333,150 ... • .• · --· ...... · ··--- ·-···· . •. -·· . ... · · -:. _ ... . __ ··--· . . _...... ••.• · -·-·· . . •• ••. _- ~- . -· · ··- . • .. -· $583,287 71 {2) Class the four murlted (2), {see ~planation) and amounting-to l14,186,300, and from this declnct . . - --· --- - ·- ·--· ··· - ·· ·- -·· - ··- ~ -· 2R, 546," 575 00 (3) D educt 75 for each veteran .... ·...... ·--- -· . __.. _. . . · ·--·. -·-·· .·-- - - . _...... · -··-·. __ . .. _. . _. . · ---·· . -- · ------. --·· ...... 11 , SB , 025 00 Deduct for 150,000 de ert.ers, 75 each. --· .. . · - . __ ··-· •• · ·-- -·.'... . _____ . ··- __...... _. .. _.. __. · - -- · · · - . :. --·· .-·. _. .. _-· ··· - -- .. . - -- ll, 250, 000 00 Be~uc! ~o r ~ffil?ers! minors, &c., (see explanf!-tion). :. __ _ ; ... __ ..... ·-.. - -· . . ___ ...... --· · · ------·-·- __ . ---· . _·-··- -· . __. . _. . 15, 000. 000 00 e uc or nntahon of exten t of those entitled to recetve 10 per cent . .. ___ ... ·--- __ . __. . _- ·. _. •. --· · ---·-. - -·· _.. ·--·- .- . · - -·-· 14, 159, GOO 00 D educt 1-10 of 1·10 for those of for eign birth who died ·--··· · ··- -- . - -· ·-· . __ . _-· ·-·· .••.. - - · ·-·-··. --·-- · · ·-··-····· ...... -. · -·-·· 1, 415, 960 00 82, 843, 447 71 5 ' 752, 552 29 D educt for exceptions named in addenda t o explanation._ •• ·····-·-·· ••.. •. .••..••.•• -····· .•••. --· ···· . ••• ••. -·· .••••• · -·· .•.••• ---····-·· 14, 1;)9, 600 00 44, 5!)2, 952 29 One.third of whom received large loc-al bountieg and not included in this bill. ··-· -- .••••• ·-··-·····-···-·-·· . .•.... - -··----· ..... --··-· . .... 14, 864, 317 43 Leaving amount necessary to equalize bounties under bill H. R. No. 3341, (Gunckel's bill)------·-: -·· .••••• · ---··.····-·-.• ·--- __ --·--· . -·· 29, 728, 634 86 Hut if this be a debt, a just, honest debt due from· the Govern-· because it happens to be large; and no more will a.n honest Govern ment to the soldier, what matters it whether it be a little more or ment. We are careful to pay the bondholder; let us be just as care less 'I It is not a question of amount, but of oblio-ation. What mat- ful to pay the soldier; and I venture the remark that if the republi ters it whether the national debt be 150,000,005' or -$1,500,000,000 'I can party had been half a-s careful to pay the debt the Government What matters it whether 10,000,00Q or $20,000,000 be required to pay owes the e soliliers as it has been to pay according to tho letter and· the pension-listf • Whatever the amount, they are honest debts and spirit of the contract the debt we owe our foreign bonclhol<.lers, tile must be paid. An honest ~an does not hesitate about paying a debt party would not be in a minority t.o-day. .1260 CONGRESSIONAL RECORD. FEBRUARY 13, Now,. to show how the justice of this proposition has been hereto considers that class of men the most meritorious that went into the fore recognized, I call attention to the vote upon a similar bill intro service duced_and reported in the Thirty-ninth Congress by my predecessor, Mr. GUNCKEL. The Second Auditor commenced paying them, sup General Schenck. It deducted local bounties, but was more expen posing they were volunteers fully competent under the law. TheWar sive in other respects than the pre ent bill. Indeed, I think it would Department found out they were not volunteers, but militia, and uuclcr have cost one-third more. And yet on the final passage of that bill some old law the President had the ricrht to call out the militia; ancl the yeas were 139 and nays 2. The nays were Mr. Nicholson, of Del therefore the nine-months men and others who served for less than a aware, and Mr. Trimble, of Kentucky, neither of whom has ever been year were treated as militia and ruled out. The Kentucky and Indiana heard of since they committed this act of political suicide. And now men were ruled out on that mere quibble, for it was nothing else. who voted in the affirmative Y Without troubling the House with Mr. ALBRIGHT. But is it not the fact that they were actually all the names, I will give those that are members of the present House. mustered in by United States mustering officers, placed under com TheywereMr. Speaker BLAINE, HEZEKIAHS. BUN-PY, HENRYL. DAWEs, mand of United States officers, taken into the field in Virginia aud (I am not mistaken, it is really HENRY L. DAWES,) CHARLES A. EL other ~tates, and served just in the same way as other soldiers Y DREDGE, JAMES A. GARFIELD, (I hope my colleague is not disposed to Mr. SAYLER, of Indiana. And paid by United States paymasters. go back on that creditable vote,) ROBERT S. HALE, SAMUEL HOOPER, Mr. ALBRIGHT. Yes, sir. But when it came to this bounty ques WILLIAM D. KELLEY, WILLIAM L..,_WRE4 CE, S. S.l\IARSHALL, LEONARD tion this point was raised, that if they had not been in the service MYERS, WILLIAM E. NIBLACK, (I am glad to say that my democratic for a year they were not in the United States service and therefore friend, Judge NIBLACK, has always been the soldier's friend; indeed, were not to be paid bounty. a bill introduced by him is the foundation of the bill which we report Mr. GUNCKEL. Preclliely so; and a bill ha.s been introduced by to day)-- my friend from Indiana [Mr. CASON] for the relief of Indiana men Mr. LOUGHRIDGE. I will a~k the gentleman from Ohio [Mr. who did gnUant service at New Orleans, and were deprived of bounty GuNCKEL] whether he thinks any member of this House will vote on the technical ruling that they were not volunteers but merely against this bill. militia. Mr. GUNCKEL. I simply know that when I tried to have the l!r. ALBRIGHT. Pennsylvania furnished twenty-seven thousand rules suspended and pass the bill at the last session, I could not ab of that class of men at a time when the clemand for troops was very t::~.in a two.-thirds vote; indeed, I got but little more than half of great; when the Army had been defeated on the peninsula, and at the House. I think it was largely because, under the rules, the bill the time of the second Bull Run; and they were immediately brought could not then be explained, and so was not generally understoocl. I into the Maryland and Virginia campaigns. And tlle same is true of shall hope for better things to-day. Ohio and some other States. These men have been deprived of this Mr. LOUGHRIDGE. I think we shall pa-ss tills bill. bounty to this day, andhavefailed in anyway to get any recognition .i\fr. GUNCKEL. I sincerely hope so; and if we do, how many, of their services to the country. This bill proposes to reach a cla. s many hearts will gladden at the news! When interrupted I was of men, too, who were in the service for a less period of time. Tho giviug the names of those in the present House who vot-ed for equal bill is meritorious, just, and fair all the way through. It provides ization of bounties in the Thirty-ninth Congress. Those not already that there shall be deducted from the bounties of the men entitled t o named were SAMUEL J. RANDALL, PHILETUS SAWYER, GLENN! W. the same, any local or other bounties they may have received, a nd in SCOFIELD ; and the friends of :Mr. FL.~CK of Ohio, Mr. ORTII of In that way equalized; and that then it shall be ascertained whether diana, and Mr. WINDOM, of Minnesota, found it necessary to say they come under the general terms of the law, which provide-s there that those gentlemen were absent, but if present would vote for the sha.ll be paid ·- wo for one year'~:~ service and makes that the basis of bill. the calculation. Nine-mouths men will get seventy-five dollars. Among the yeas I find the names of several pentlerneu now in the l!Ir. WILLARD, of V crmou_t, and Mr. HAWLEY, of Connecticut, Senate: WILLIAM B. ALLISO~, of Iowa; RoscoE CO:L\'XLING, of New rose. York; THOMAS W. FERRY, of .Michigan j .Jusn.~.'i S. MORRILI .. , of Ver The SPEAKER p1·o tempore, (Mr. CESSNA.) To whom does the gen mont; and W. B. WASHBURN, of Ma sachnsetts; ancl the names of tleman from Ohio yield. some clistingnished gentlemen not now in either branch of Congress : 1\lr. GUNCKEL. I yield to my colleague on the committee, the gen John A. Bingham, at present minist~r to Japan; Columbus Delano, tleman from Connecticut, [Mr. lliWI .. EY.] 11ow Secretary of the Interior; J ohu F. Farnsworth, George \V. The PEAKER pro tmnpore. For how long Y Jnlian, E. H. R<;>llins, Thaddeus Stevens, (a worthy example for the l!Ir. HAWLEY, of Connecticut. I desire only to make a short state Pennsylvania delegation,) Samuel Shellabarger, Robert C. Schenck, ment, and an inquiry for information. I see that tho bill provides in at present minister to England; Henry D. Washburn, James F. Wil- paying these bounties for a deduction of any bounties paid to soldiers son, &c. _ _ . under existing laws. Now see how that will work. I wish the gen Now, were all these geut1em&n right in voting as t.hey did Y If tleman to explain if he has thought of it, and has any intention to equalization was right then, why wrong now f If the debt was remedy the injustice that will ari e. My State paid an extra bounty acknowledged just then, shall it be repudiated now Y all the while, adding to the pay of the soldier every three months ten :But a similar bill was again presented to the Fortieth Congress dollars, making forty clollars a year, as a gratuity in excess of his pay. (when my distinguished friends from .Ma-ssachusetts and Ohio, That is to be deducted in paying the soldiers of my State. They are to Messrs. DAWES and GARFIELD, were in the Honse) and passed with have deducted any bounty they may have received, and they didreceive out a call of the yeas and nays, and, so far as appears, without a dis a bounty from the State. My State then is to be taxed to make up a senting voice. After these repeated recognitions of the justice of the hundred dollars a year to the men of other States who did not have claim, how can we longer refuse payment t either the generosi~y or the means to pay their boys this little extra al But, .Mr. Speaker, I have already detained the House much longer lowance. Now, ifyouaregoingto pay them all 100 a year, why as ess than I intended. A few words more and I have done. on Connecticutthis$100 a yearforthe so~diers of other Statesf I think The House will bear me witness that I have never a.dvocated or it would be quite equitable to make an allowance to Connecticut of voted for any job, subsidy, or scheme of extravagance. If my record all that it paid in bounties to its own sQldiers. The gentleman says is faulty, it is because I have kept too severely to the strict line of that this is a debt due to the soldiers of the coJllltry. Connecticut at economy. But I do not believe in r epudiation, and least of all repu the close of the war had a debt of $10,000,000, which sho has now got diation toward our soldiers. I pay my own debts; I want the Gov down to $5,000,000, because she treated her soldiers generously; ernment to pay its debts. Th,e fact that these are old makes the whereas some States that did not pay their boys anything extra are obligation only so much the greater. We have been liberal to the out of debt and are going on their way rejoicing. Now, sir, if you officers; shall we not, be just to the privates f For, forget it as you are going to pay this extra bounty, I think you should refund to may, it was the private who did the fighting and to whom belongs Connecticut, Vermont, and other States which have already paid the real credit for the great victories alJ(l grand results of the war. these bounties that which they disbursed for this purpose. 1 close by quoting the words of Hon. George W. Julian, of Indiana, Mr. GUNCKEL. That is a very long question, but lou~ as it is, used in advocating a similar bill six years ago : very easily answered. . These inequalities and this inJUStice of Equality is oquity, and the nation cannot refuse to heed this maxim in dealing which I was speaking were mostly in the early part of the war, and witil the l>ra.ve men who protected the law-makers of this Capitol clnring the war the men who are asking simple justice are the men who enlisted nnd saved the connLry itself from destruction. Nor do we accept the plea. of na early in the war, not for gaiu, but from patriotic ~otives. tional poverty so often urged in the light of the boundless resources developed by Now, we provide in this Lill that there shall bo deducted local onr war of four years. Tlie amount r equired for a fair equalization of these boun ties, we are sure, has been much overstated ; but whatever it may bo it is just, bounties. I am gla-d to be able to say, and I say it in justice to the aml should bo provided for without unnecessary delay. With the soldier there American soldiers, that in all the petitions and memoria.ls which I was no task too great, no sacrifice too large, no duty too arduous, no hardship too have rea-d, not one of them has come from a soldier who received severe ; but with an alacrity that marked their earnestness in the cause, they local bounty, because some of them got 800, some $1,000, some $1,200, cheerfully reJponded to every order, claimin~ none other shield than the conscious ness that their banners were the emblems of liberty, of justice, and of truth. The and even as high as 2,000, in the shape of local bounties. We sim prayer of these men must neither be deDied nor evaded when they only ask the na ply propose to give the poor fellows who early .in the war enlisted tion for 1ustice. from motive.s of patriotism, and who by the technical rulings of the Mr. ALBRIG-HT. Letmeaskthegentlemana question: Whet.her, Department have been deprived of what they think is absolutely duo according to the decisions of the Treasury Department, a very large to them the bounty which they claim. I will have printed With my number of soldiers who were enlisted in th.e service and served for remarks a table, showing the local bounties paid by the States, towns, nine months, until the expiration of their service, were prevented from &c., and it will be found to amount to between two and three hun r eceiving any bounty at all by a technical ruling of the Department; dred million dollars. Wo are Ifot trying to equalize a bet weeu a.nd whether the Second Auditor, l!Ir. French, does not state that he States or localities but as between soldiers, doing jnstice to all 1875. CONGRESSIONAL RECORD .. 1261 alike. Besides, if the House should make the change which the gen The amendment was to add to section 1 the following: tleman from Connecticut suggests, it will add ten millions to this bill. And the provisions of this act shall extend to all soldiers who were mustered in to I now yield to the gentleman from Pennsylvauin, [Mr. :MYERS] to the service of the United States and were subsisted, clothed, and paid by tbe offer an amendment: Gm-ernmentof the United States. The SPEAKER pro tempore, (Mr. CESS~ A in the chair.) The amend The SPEAKER pro ternpore. Is there objection to receiving that ment of the gentlemn,n from Pennsyl vanin, will now be read. amen anything that looks toward equalizing bounties to our soldiers, as I respect. And if injustice has been done by the rulings of the Treas have done several times since I have been here, I do not see how, with ury Depa...-tment or the War Department, it devolves upon Congress this provision for deducting State bounties in this bill, we can do jus by appropriate legislation to correct the injustice thus inflicted. This tice to the soldiers in tho different States. In my own State, not in bill we are as ~ ured will make such correction ~ if not completely, it the late stages of the war, but when the war first broke out and the w;}l sub tantially do so. echoes of the first guns of the rebellion reached us, we offered ten dol It ha-s become a part almost of the common law of this country, lars a month to volunteers; and under the callforseventy-five thou especially of the States which flll'nished the greater portion of the sand men five regiments of our own brave boys and men- not men soldiers during the late war, that the oldiers shall be fairly treateu imported from Canada or anywhere else- sprang to the front ; and in every manner concerning their compensation. It has been o de the General Government would take only three regiments of the brave clared substant,ially by law; so declared in political platforms; so men who first volunteered, not for the bounty, but for the flag and declared in proclamations of the Presiuent; so declared in the speeches the Union of the States. The others were put in training in camp made by gentlemen who wore understood to represent the views of and one of them was afterward accepted; and after the battle of Dull the Government in this re pe.ct. Run the General Government was very glad to get the other regi There is but one way in which the soldiers who have been excluded ment, which was the Fifth Connecticut Volunteers. The Supreme from their just rights in regard to bounty can be fairly treated ; that Court has decided that all soldiers who enlisted for three years and is, by giving thom something like an equality of compen ation with wem accepted under that call for seventy-five thousand men were respect t.o others similarly situated. But tho mo t remarkable feature entitled to $100 bounty, whether they servod the full three years or in connection with this whole subject is that the class of soldiers were discharged before that time ,for any good cause or for disability who were first to volunteer, who really rendored more important to serve longer. service during the war than any other class, have proportionately What is the result T When our men had been in camp two months, received the smallest pay. Those soldiers who volunteered toward every man in the ranks was mustered in within the tinie required; the closing years or mouths or weeks of the war hawe received pro but the mustering officer arrived so late that the commissioned and portionately the greatest amount of bounty, though from the neces regimental officers were not mustered in until the day after the time sity of the case theyrendered the smallest amorn1t of service. expired, and the muster of the regiment dates from the muster of the I trust that this bill will pass in some shape. Even though it may field officers of the .regiment. On account of that single day fifty or ultimately fail for want of the concunence of the Senato, let us show one hundred men of the Fifth Regiment of Connecticut Volun that this Hou e is not insensible to the obligations resting upon us as teers have been deprived of their 100 bounty from that time to this, a matter of honor as well as duty. to which they were entitled by the decision of the Supreme Court. Mr. GUNCKEL. I yield three minutes to the gentleman from A bill to remedy that injustice has been passed by the Senate and Missouri [.Mr.·PARKER.] S!'~Dt t o_tbe Military Committee of this House, who will not report it ltfr. PARKER, of Missouri. Mr. Speaker, I very much re-gret that because they want to put through this general bill. I introduced a my friend from Iowa [.Mr. KA.sso. ] rai ed an objection to the amend bill to pay those men their botmties, to which they were entitled ment of my colleague, [!.(r. COMINGO.] The State of l\li ouri had under the proclamation of President Lincoln, in the last Congress, eleven regiments of men who nuder an agreement between the gov and t he Military Committee said it was sufficient for the purpose, ernor of that State and President Lincoln were in 1861 mustered lnto and it passed both Houses and became a law. The bounties were re the service, as other soldiers were, for three years or during the war. fused on a mere technicality ; and a bill is ~ow before the committee They were clothed and fed, subsisted in aJ.l respects, paid by tho Gov to pay those men what the Supreme Court of the United States have ernment of the United States, and mustered in as United tates ol decided they were entitled to receive. . diers. We have always believed that under existing bounty laws Now, I say, if you will make this general bill right and strike out they were entitled to be regarded a-s we1·e other soldiers; but through this deduction of State bounties I will vote for it; but because our the technical construction which has been placed on tho e laws, not State chose to pay ten dollars a month to her soldiers in the first any stronger or broader in their character than the fir t section of part of the war and other allowa,uces to the soldiers and their fam this bill, these eleven regiments have never received a dollar of ilies all through the war, I cannot consent that such payments shall money. Yet, sir, they served faithfully and. well in the Union Army. be deducted in any equalization of bounties paid by the United lYir. l\IoNULT.A. What was the character of the service rendered ~tates Government w ben you are now, long after the war is over, equal by these troops f izing bounties among the soldiers of the several States on the part of Mr. PARKER, of Missouri. Let me say to the House that the ser the General Government. I cannot vote for this bill unless you strike vice done by the e men was of a character very different from tl1at out that provision in re~,ard to State bounties, for not a soldier in done by soldiers who went farther sontb. It wa believed. nece ary, my State would get a douar under this bill. There is no justice in on account of the disloyal element in the State of Missouri, that tbe it . What the State or the town chose to give the volunteers under homel3 and property of the loyal men should be protected. The loyal State laws you have nothing to do with. All we have asked is to men of the State had sent their able-bodied force to the front. Tl1is pay ou.r soldiers what you agreed to do under :Mr. Lincoln's first plan was entered into between the Pre ide~t and Governor Gamb]e, proclamation ; and you are not willing to do that. You want us now in order that we might got a force for our own protection am1 secu to help pay you.r soldiers additional bounties in the large States, rity. It is in the memorJ of the House that tho whole State of Mis when you were not generous enough to give them anything while the souri was a battle-field and every man there in these three year of war was upon us; and you refused to pay ou.r volunteers anything, service not only had to engage in tho battles of the State, but was because our State was patriotic and generous enough to give them constantly called. upon to defend his own home. State born1ties at the time. I hope the House will agree to the amendment proposed by my col 1\lr. GUNCKEL. Mr. Speaker, the Senate bill to which the gen league, [Mr. COML' WO,] so as to make tbi section sufficiently plain tleman refers applies to Connecticut troops and other New England to give these eleven regiments bountio , so that the que tion will not troops ; and it would require an appropriation of $1,000,000. But it bo left to the interpi·etation of tho Scconu Auditor. They are en does not equa,lizt) bounties at all. Therefore our committee oppose titled to it. They were regarded in all respects as soldier mustered it, as I know the Hou e alao would. into the service of the United Stat.es. Their servico entitle thorn to l\lr. KELLOGG. The bill does not take 100,000 out of the Treas H; and if there were any troops in tho servico of th Government ury to pay what is honestly due our soldiers, or one-half of it; and who ou~ht to have bounty, it is certainly these eleven regiment· of all we ask is what the Government agreed to pay them. Missouri troops. Nearly all the other soldiers who served for th rce Mr. GUNCKEL. It would take 1;000,000. I have.the official figures years have received some bounty. The e men have not received a here, given by the Second Auditor of the Treasury. single dollar. The mustering in of these troops enabled them to I yield three ·minutes to the gentleman from Iridiana, [Mr. NIB have the troops from Illinois and other State , which hall been sent LACK.] to l\lissouri to keep it in the Union relieved and ent to other places. 1\fr. NIBLACK. 1\ir. Speaker, I am very much gratifiell at the 1\lr. GUNCKEL. I think the 1hst section of the bill covers those action of the Committee on Military Affairs in -reportmg the bill now troop , and no amendment is neel..led. under consideration. The commiteee . have done mo the honor, I Mr. PARKER, of Missouri. I think this first section of the bill believe, to adopt as the text of t he bill a measu.re which I introduced will cover :them, but I want to have the language of tho bill so pre early in the present Congress, and which I have kept before Congress pared that when this comes uack to the Second Auuitor-for a it is for several years past. I understand that the bill reported is my now it is no stronger than many other laws from the benc1it of bill, with two or three amendments which the committee have author which these eleven regiments have been exclndod by the technical ized the gentleman from Ohio [Mr. GuNCKEL] to propose. construction of the Second .Auditor-he will bo prevented from plac I am also gratified by the statement of the gentleman from Ohio ing tho same technical interpretation upon it and again cutting them (who has examined this question) that the enactment of this bill will out irom t.he benefits of this law. I wish to h before the House very clearly embmces them, and I believe after the The SPEAKER p-ro ternpm·e. Does the gentleman offer that in lieu declaration of that fact on the floor of this House the Second Auditor of the former amendment f will hesitate to put any such construction upon the law as has been Mr. COUINGO. I do. intimated. Mr. GUNCKEL. I now call the previous question on the bill and · But I wish to answer, as well as I may, a proposition made by sev amendments. eral gentlemen on this floor, and especially by the gentleman from Mr. D.A. WES. I ask the gentleman to yield to me for five minutes. . Vermont, [Mr. WILLARD,] that this bill is iniquitous, because of the I will then return him the floor, that he may move the previous q ues fact it leaves inequality between the different States of the Union. tion. I take it that this is a bill for the purpose of equalizing bounties of 1\Ir. GUNCKEL. I yield to the gentleman on the understanding soldiers and notforthe purpose of equalizing the expenses oftheStates. that my right to the floor is not prejudiced. - I know of no State obnoxious to the objection urged here. I know Mr. D.A. WES. I think it is fair that the House should fully under in the Stat.es where I am familiar in the West there were as large stand how much will be taken out of the Treasury by this bill. I thm·e bounties 11aid as in any other State I know of, perhaps as _large a-s fore want the gentleman from Ohio [l\Ir. GuNCKEL] to listen to me any in the country. Wherever these local bounties have been paid, and see if I state it correctly. He ha-s kindly-lent me his statement whether in Vermont or Indiana or anywhere else, they have gone of the expense of this. I understood it was mu.de by gentlemen who to the benefit of the soldiers, and to that extent in those States t.heir were furnished to him by the Seconu Auditor to make out that state soldiers were better provided for and better paid than the soldiers ment. from the other States. We wish to put them all on an exact equality Mr. GUNCKEL. I said it wa-s ma-de up by men who were in the as to these bounties; not in reference to localities, but as among employment of the Second Auditor-by men who bad been in the comrades, among the men who stood shoulder to shoulder in defense habit of making up these estimates. of the country; who laid down in-the trenches side by side; who Mr. D.A. WES. What is their business now 'f were out togeth(\r on outpost duty joinerl in a common danger; the Mr. GUNCKEL. I do not think I am called upon to say. men who nursed their wounded fellows and buried their dead-we 1\h'. D.A. WES. Let me state to the House that this estimate as to want that they all shall stand side by side upon exact equality so far the eA.-penses seems to have been brought down to $58,752,532.29, and as these bounties are concerned. We want that the men of Vermont then there are deductions made in another handwriting, which Ire shall be made equal with the men from Indiana; that the men from cognize I think as that of the gentleman from Ohio, [Mr. GUNCKEL.] Connecticut shall be made equal to the men from Ohio. We want all That is the gentleman's subtraction from the statement which these these soldiers, from whatever State they may have come, shall still men made to him. I suppose that without doubt t.hey are according be recognized a-s comrades equal before the law in reference to pay to the gentleman's own convictions. I do not doubt that but these and emoluments. Very many worthy soldiers have been ignored in gentlemen who made out the statement for him, who have been in the bounty laws heretofore passed. Very many nine-months soldiers employ of the Second Auditor and understand the business, have were shot down in line of battle, and their widows and orphans have brought it clown to fift-y-eight millions, and my friend from Ohio has been deprived of one dollar of bounty. Sowith other classes referred by other means satisfactory to himself brought it down to $29,728,000; to by the gentleman from Ohio. · or say in. round numbers twenty-nine and three-quarter million I say again, this is a bill to equalize bounties among soldiers, and dollars. He states further to the House that in his opinion it-might I hope it will be passed before we adjourn to-day. safely be brought down to ·20,000,000. That is the honest conviction, [Here the hammer fell.] I have no doubt, of the gentleman from Ohio; but I call the u.tton .tion of the House to the fact tha:t the gentlemen who have been in .MESSAGE FRO~ THE SENATE. the employ of the Second Auditor, and are the. men who know nJl .A. message from the Senate, by Mr. SYl\fPSON, one of their clerks, about it, and as I understand from the gentle~an were employed by informed the House that the Senate had passed without amendments him, of com·se to bring it down as low as their conscience would bills of the House of the following titles: admit, hav~ brought it down to fifty-eight million. The bill (H. R. No. 4546) to correct errors and to supply omissions My friend could not get it from the papers before him above in the Revised Statutes of the Unit.ed States; twenty-nine and three-quarter million dollars. He has been able to '.fhe bill (H. R. No. 4535) providing for the distribution of theRe satisfy himself in his zeal and earnestness in advocating this bill vised Statutes of the United States; and th~t the amount which this bill would take out of the Treasury The bill (H. R. No. 3658) for the relief of William J. Coite. would be only $:20,000,000. · He tells us t.hat it will take ten years to The message further announced that the Senate had pa.ssed, with get the whole amount out of the Treasury, because it will be ten an amendment in which the concurrence of the House wa-s requested, years before all the claimants get ready to present their claims. But the bill (H. R. No. 3915) to authorize the Secretary of War to give does he not understand that the Treasmy must be ready to meet the permission to extend the Hygeia Hotel at Fortress 1\lonroe, Virginia. dem:111d at once, for t.hoy cu.nnot tell how many of t.hese claimants The message also informed the House that the Senate had passed will not be ready within the ten years 'f So that the l1est statement a bill (S. No. 1296) to authorize the acceptance in behalf of the United the gentleman can pre ent to the House is that the amount will be Sta.tes of America of certain real property occupied by the United twenty-nine and three-quarter million dollars. He has reduced the States consul at Tunis. statement of the gentlemen whom he employed to make an estimate The message also announced that the House of Representatives from $58,000,000 down to twenty-nine and three-quarter million dollars. was requested to conect a verbal error in the "bill (H. R. No. 4546) Mr. GARFIELD. Will the gentleman from Massachusetts yield to "to correct errors and to supply omissions in the Revised Statutes of me for a moment to enable me to read a telegram which I ha.ve the United States," by adding in theenroll~d bill an" s" to the word received from the Second Auditor of the Treasury¥ "alien," line 11, page 6, of the engrossed bill. Mr. D.A. WES. I will yield for that purpose. Mr. GARFIELD. I telegraphed to the Second .A.ut1itor of the Treas EQUALIZATION OF BOUNTIES . . ury, asking him how much this. bill woultl draw from the Treasury, The House resumed the consideration of the bill (H. R.No. 3341) to and be answers me: equalize the bounties of soldiers who served in the late war for the TllEASUllY DEPA.RTME~T. Union. . Washington, D. 0., Feln-uary 13, 1875. The SPEAKER pro tempm·e. The gent]eman from Ohio [Mr. To Hon. J. A. GARFIELD, GUNCKEL] has three minutes of his time remaining. H ouse of Representatives: Mr. GUNCKEL. I yield two minutes to the gentleman from New My alt.ention has not been called to the details of this bill, but the bounty bill which wa-s under consideration by the Committee on IDlitary Affairs at the la t Hampshire, [Mr. SMALL.] session would call for $100,000,000. The committee has the testimony of the Seconll l\Ir. SMALL. I merely want to say that this bill in my judgment Comptroller, Second Auditor, and I think of the Paymaster-General and Adjutant,. is most unjust in its provisions and will be in its operation. While General upon that point. Of the two last I am not sure. my State paid her soldiers during the entire war $JOO to three-yeaJ:" E. B. FRENCH. men, $200 to two-year men, and $100 to one-year men, and town Mr. D.A WES. I am taking the case as the gentleman from Ohio bounties besides, and has provided since the w:u for reimbursing the presents it to the House; and according to his statement tbere is this towns, New Hampshlre soldiers will not get one dollar under this bill, 30,000,000 in round numbers to be added to the ox]stiug deficit of but she will be compelled to help to pay the soldiers of the other $35,000,000, making $65,000,000, when the Committee on 'Vays and States. I protest on behalf of my State against the passage of this Means find the House exceedingly impatient, and rea-sonably and bill. properly so, in the last hours of the session, to debate a bill that only Mr. GUNCKEL. I have one minute remaining of my time, and proposes to bring $35,000,000 into the Treasury. yield half a minute to the gentleman from Indiana, [Mr. SHANKs.] I ask gentlemen, however they may feel toward the soldiers of tlte Mr. SHANKS. I offer the following amendment: country, to look to the honor of the nation, and not let this Congress The Clerk read as follows : a-djourn until they meet the ol>ligations of t.he Government; and I ask After the word "slaves, " in line 5, insert the words "and Indians." them also to put a. bill to meet those obligations before a bill th!1t Mr. GUNCKEL. I have no objection to that amendment being will take out of our depleted Treasm--y such a sum as this. Mr. SYPHER. I would ask the gentleman, suppose this bill does admitted as pending. take $100,000,000 out of the Treasury, will we not save that amount . Mr. CO MINGO. I offer the following amendment: in,the next democratic administration f Adll to the :first section these words: ,.And the provisions of this act. shall extend to all soldiers who were mustered Mr. DAWES. Let us save it first. into the service of the Unitecl States and were subsisted, clothed, and paid by the Mr. GUNCKEL. I move the previous question, and I presume tha.t Government of the Uniteu States. after the previous question is seconded I shall be entitled to my hour .· 1264 CONGRESSIONAL RECORD. FEBRUARY 13, io reply to the a-ssaults that have been made upon this bill; and I :Mr. GUNCKEL. I yield for five miuut-es to tho chairman of the wa.nt my colleague from Ohio [Mr. GARFIELD] and the gentleman Committee on Military Affairs. . from Massachusetts [Mr. DAWES] to remain nnd hear rue when I Mr. COBURN. The objection to this bill is that it does not equal take the floor to answer their remarks. ize bounties; that the expenditures that have been made by the Mr. DONNAN. I ask the gentleman from Ohio to yield to me for States cannot be reimbursed in this way. As my colleague on the a minute. committee [l\1r. GUNCKEL] has said, this is not a proposition to reim The SPEAKER pm tempore. The gentleman from Ohio has no time burse the Stat-es, but so far as it can do so it is a proposition to equal to yield to anybody. ize bounties to soldiers. Mr. WILLARD, of Vermont. I rise to a point of order. Does not The bounties that were paid toward the last of the war were very this bill require a. t.wo-thirds vot.e for its passage Y much greater than those paid at tue beginning o:f the war. But the The SPEAKER 1n·o te ; pending in the House the Hennepin Canal bill, which, if passed, will Mr. KELLOGG. I hope the gentleman will yield to have the take out of the Treasury before that canal shall be completed from amendment offered to strike out '' ot Stat-e." ; , t en to twenty million dollars. . Several MEMBERS. Vote t Vote! · ].fr. HA. WLEY, of lllinois. I insist that that statement shall not be The SPEAKER. Further debate on the amendment is not in order. repeated. I deny its truthfulness. No estimate of the cost of that The bill was ordered to be engrossed and read a third time. work has evE.\r gone higher than 4,000,000. Mr. DAWES. I call for the readin~ of the engrossed bill. Mr. SPEER. The \~.' ORDIUt OE' BUSIXESS. House to that Committee witbollt prir;ting, and move tbat they be The Honse divided on the motion to adjourn; and thoro were-ayes printed and recommitteu. 'fhis is 11ece sary in order t bat the reports 99, noes 67. of the surveys may go the Seuate, to be consh.lered in counectiou Mr. CONGER demanded the yeas and na~s. with the river and harbor bill. The Hou e divided; and there wen:) ayes-:31, noes 138; not one Mr. \VARD, of Illinois. Is that the regular or By ~1r. HARRIS, of Georgia,: The petition of citize~ of Georgin,, his publication, greatly to his injury. I move the reference of this for a -post.-route from C::trro1lton to Cedartown, Georgta, to the Com memorial to the Committee on Post-Offices and Post-Roads. ruittcc on t he Post-Office and Post-Roads. The mot ion was agreed to. By 1\lr. LOFLAND : The petit ion of citizens of Wilmington, D ~la Mr. CAMERON. I present a large number of petitions of work wm:o, for the nweal of the 10 per eent. reduction of duties made in ing men of Reading, in Berks County~ Pennsylvania, who ask for 1:372 and against a duty on ten, n,nd coffee and revival of internal some aiel to the Texas Pa-cific Railroad.. They believe that an ap taxes, to the Committee on Ways and Means. propriation by Congress to this great work will restore confidence .By Mr. MAGEE: The petition of citizens of Newport, Pennsyl and give labor to a great number of persons who now need it very vania, that the national credit be e~"i:ended to the great southern much. I have several petitions of· the same nature from working line to the Pa.cific, IIDd interest upon bonds of the company to be people employed in different manufactories in the city of Philadel gnaranteeu by the Gove~nment, to the Committee on the Padfic phia. I move that all these petitiollS be referred to- the Committee Hailroau. on Railroads. By .Mr. MYERS: The petition of ·'Varren Gale, for extension of The motion was agreed to. :pntent for improvement in straw-cutters, to the Committee on Pat Mr. HAMILTON, of Texas, present-ed a memorial of Eugene Ar euts. mendaiz and others, praying Congress to pass an act authorizing By Mr. SCUDDER, of New York: The petition of the Ship-Owners' them to becQme a body-corporate with a franchise to construct a Associntion of the State of New York, for an appropriation to im bridge across ihe Rio Grande River at Brownsville, Texas; which prove Hell Gate, to the Committee on Commerce. was referred to the Committee on Commerce. · By Mr. SMITH, of Pennsylvania: The petition of citizens of L~n Mr. RAMSEY presented a memorial numerously signed by citizens caster County, Pennsylvania,, for the passage of the Texas Pamfic of Northern Dakota and Northern Minnesota, in favor of the early Railroad bill, to the Committee on the Pacific Railroad. passa~ of the bill now pending in Congress for the division of Da By .Mr. SPEER: The memorial of J obn Dougherty, of Mount Union, kota Territory; which was referred to the Committee on Terri Pennsylvania, in relation to safe, rapid, and cheap railway trMsit, tories. and praying · Congress to aid the Southern Pacific Railway, to the :M:r. SCOTT presented three petitions of citizens of Berks County~ same committee. Pennsylva-nia, praying that the aid of the national credit be extended Also, the petition of 577 citizens of Johnstown, Pennsylvania, for to the completion of a great southern line of railway to the Pacific; , congressional aid to tho Southern Pacific Railroad, to the same com which were referred to the Committee on Railroads. mittee. He also presented a memorial of citizens of Indiana County, Penn By Mr. STORM: The petitions of Grech's Machine-shop and .7 sylvania, remonstrating against the restoration of duties on tea and others; Franklin Iron-Works and 44 others; Gibraltar Iron-Works coffee and prayin~ for the repeal of the 10 per cent. reduction of and 'l:l others; Steam-forge of Reading Iron-Works and 14 others; duties upon certam foreign goods made by the act of 1~2; which Scott Foundery and 51 others; West Reading Boiler-Works and 21 was referred to the Committee on Finance. others; Philadelphia and Reading Railroad Company Rail Mills and Mr. MORTON presented a petition of 100 women, tax-payers of the 44 others; WilHam :Mcilvain & Sons and 65 others; Union Boiler District of Columbia, asking that the District government bill be so Works and 40 others; Keystone Hardware-Works anu 44 others; amended as to read" all citizens, irrespective of sex, otherwise tluly Seyfert, :McManus & Co.'s Sheet Mills and 1()-2 others; Seyfert, Mc qualified, shall be competent to vote for such officers as ::tre Jillade Manus & Co.'s Pipe Mills and 230 others; Reading Iron-Works, Blast elective;" which was ordered to lie on the.table. Furnaces Nos. 1 and 2, and 60 others; Reading Iron-Works, Rolling Mr. MORRILL, of Maine, presented a memorial of citizens of Hal Mills, and Nail Factory, and 265 others, of Reading, Pennsylvania., lowell, .Maine, stating that disastrous injury will be done to innocent asking the Government of the Unite<.l States to exteud its aid to the holders of municipal btonds unless by a law of Congress a sure and completion of the Texas and Pacific Railroad, to the same committee. certain method is provided for enforcing the judgments of United By .Mr. SWANN : The memqrial of Henry J. Rogers, relative to his States courts in cases where municipal officers by resigning evade. code of signaJs, to the Committee· on Nftval Affairs. · compliance with judgments aud writs of ntandamus of United States By :Mr. WOODWORTH: The petition of Jonah Woodward, to be courts, and praying Congress to pass a law which will remedy this . reinstatecl on the pension-rolls, to the Committee on Invalid Pensions. evil; which was referred to the Committee on the Judiciary. Mr. ROBERTSON presented a petition of over twelve hundred citizens of South Carolina, asking Congress for: an amendment t,o the Constitution to prohibit the manufacture, importation, and s:.tle of all intoxicating liquors, to tn,ke effect on the 1st of January, 1876, or IN SENATE. .as soon thereafter as possible; which was referred to the Committe~ on Finance. · MONDAY, Febr·uary 15, 1875. · He also presented a memorial of the Chamber of Commerce of Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Charleston, South Carolina, asking an appropriation for the purchase of a site in that city for a depot for the United Stat-es light-house ELECTION OF PRESIDENT PRO TEMPORE. establishment; which was referred to the Committee on Commerce. The SECRETARY (Hon. GEORGE C. GORHAM) called the Senate to Mr. CLAYTON presented a petition of citizens of Hot Springs, order, saying: Arkansas, asking that a receiver be appointed to take possession of The Senate will please come to order. I am in receipt of this com the Hot. Springs reservation in that State; which was referred to the munication from the Vice-President: Committee on the Judiciary. . VICE-PRESIDE~""T'S CHAMBER, Mr. HAMILTON, of Maryland, presented the petition of Jane E. Washington, February 13, 1875. Slamm, of Prince George's County, .Maryland, pr~ying to be allowed DEAR Sm : Please inform the Sena.te that absonce from the city for two or three anears of pension; which was referred t.o the Committee on Pensions. days will prevent me from being present at its session on Monday. Respectfnlly, yours, Mr. BOGY presented a resolution of the Legislature of Missouri, HE::8RY WILSON. remonstrating against the imposition of any additional tax upon Hon. GEO. C. GORH.UI. manufactured tobacco; which was referred to the Committee ·on Mr. HAMLIN. Mr. Secretary, I send a resolution to the chair. Finance, and ordered to be printed. Mr. l\lERRThiON. I present a memorial signed by 37 merchants The SECRETARY. Th~ Senator from Maine offers the following resolution, and asks for its present considemtion: and dealers and manufacture1·s of tobacco of the town of Durham, North Carolina, remonstrating against any increase of the tax on Resolved, That in the absence of the Vice-President Hon. liENRY B. A..vrHon be, aml he is hereby, chosen President of the Senate pro tempo-re. tobacco. As it is brief, I ask that it be read. The PRESIDENT 1n·o tem:Pore. The Senator from. North Carolina The resolution was considered by unanimous consent, and agreed asks that the petition be reacl. The Chair hears no objection, ::md it to, 11en~. con.. will be read. · · ' · · ; Mr. ANTHONY thereupon took the chair. The Chief Clerk read as follows : Mr. HAMLIN. Mr. P1·esident, I submit the following resolution: • To the honorable Se-nate and House of Rep-resentatives in Oongress assJmbled: Resolved, That the Secretary wait upon the President of the United States and inform him that in the 11bscnce of the Vice-President the Senate has chosen Ron. W e, the undersigned, manufacturers and dealers in tobacco, of Du.rham, North HIL\"RY B. ANTHONY, a. Senator from tho St.'tte of Rhode Island, President of the Carolina, would very respectfully but earnestly petition your honorable bodies to Senate pro tempore; and that he make a similar commuriication to the House of make no advance on the existin~ pte 9f tax npon tobacco, for the fuUowing among R epresentatives. · many other reasons which coula be !riven: . First. Tobacco, on the average vaftte of the entire amount which enter& into con The resolution wa-s cons~d,ereq by unanimous consent, and agreed t.o. sumption, is now more heavily taxed than any other article, either of domestic or The Journal of the proceedings of Saturday last was read and ap foreign production. . proved. SeCond. The great preponderance of this t.'tX falls upon the laboring portion of the community, the consumers of cheap tobacco, who. not· onlY. pay t.h~ tax· but PETITIO~S A..'iD ffiMORIALS. about 50 per cent. additional caused by t.ho expense of paclringiri accordance with the r equirements of law, and the interest upon t he tax; which is paid in advance. Mr. FENTON. I am requested to present the memorial of Henry Third. It must bo apparent, from the repeated action of the House of Repre en'm. B. Dawson, esq., editor and publisher of the Historical .Magazine, tives to abolish all tax upon leaf-tobacco for consumption, that under the general published in the village of Morrisania, New York, who complains r euuction of wages which now exists a. large class of consumers severely feel the that the postmaster at that plJce refused to mail the magazine, and burden of this great tax npon an artic~e of home p~duction and which is indispensa.. ulc to them. . ' ' . . . . although he repr~sented the fact to the Postmast.er-General that Fourth. The revenue now obtained from tobacco fur exceeds in amount that g entleman has refused to direct the postmaster at that place to mail which was contemplatetl by Government during the highest ·days of F~qon; when