1874. CONGRESSIONAL RECORD. 965
day Rock, near the entr:mce to the harbor of San Francisco, to the By 1\Ir. VANCE : The petition of citizens of Shelby County, N L'rth Committee on Commerce. . Carolina, for the payment of the claim of the Southern Methodist By Mr. CROOKE: The petition of John Britton and other citizens publishing house at Nashville, Tennessee, to the Committee on War of Brooklyn, New York, for the appointment of a commission of in Claims. quiry concerning the alcoholic liquor traffic, to the Committee on the By lli. WARD : The petition of 1\Irs. Mary Jane Sears, for a pension, Judiciary. to the Committee on Revolutionary Pensions and War of 1812. By Mr. DANFORD: The petition of James W. Barnes, for there By lli. WILLARD, of Vermont: The petition of Cornelius H. F<,>rbes, ~ moval of the charge of desertion, to the Committee on Military Af- for compensation for loss of a horse in the military service of the fairs. . United States, to the Committee on War Claims. By 11-fr. DUELL: The petition of James Byers, George W. Griggs, By 1\Ir. WILSON, of Iowa: The petition of J. V. Dennis, for arrears and John Nolen, for relief, to the Committee on Claims. of pay, to tho Committee on Military Affairs. By Mr. DUNNELL: Several petitions from citizens of Minnesota, Also, the petition of Ezra Owen, for a pension, to the Committee on for an amendment of the law to encourage the growth of forest trees Invalid Pensions. on western prairies, to the Committee on the Public Lands. By Mr. FRYE : Several petitions of citizens of Brooklyn, New York, for the appointment of a commission of inquiry concerning the alco holic liquor traffic, to the Committee on the Judiciary. By Mr. HANCOCK: The petition of A. C. Keaton, for relief, to the IN SENATE. Committee on Claims. By Mr. HARMER: The petition of Adam Warthman, for relief, to WEDNESDAY, January 28, 1874. the Committee on War Claims. By 1\!r. HAZELTON, of New Jersey: The petition of citizens of Cam Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D:'D. den County, New Jersey, for the repeal of section 2 of the act of June The Journal of yesterday's proceedings was rea-d and approved. 6, 1872, to the Committee on Ways and Means. ' HOUSE BILL REFERRED. By 1\Ir. KELLEY: Several petitions of citizens of Philadelphia, for the repeal of section 2 of the act of J nne 6, 1872, to the Committee on The bill (H. R. No. 1560) to amend an act entitled" An act to amend W ays and Means. . · an act entitled 'An act to reduce duties on imports, and to reduce By Mr. LOWE: The petition of James W.Hu:ff,forapension, to the internal taxes, and for other purposes,' approved March 3, 1873," Committee on Invalid Pensions. waa read twice by its title, and referred to the Committee on Finance. .Also, the petition of settlers on the Osage lands, in Kan8as, for relief, to the Committee on the Public Lands. PETITIONS AND MEMORIALS. By Mr. LOWNDES: The petition of George R. Murphy, grandson Mr. STOCKTON presented concurrent resolutions of the Legisla and heir of Isaac Murphy, in regard to the French spoliation claims, ture of New Jersey, in favor of the passage of the bill making pro to the Committee on Foreign Affairs. vision "for arming and equipping the whole body of the militia of By Mr. McCRARY: The petition of Orson Young, of Burlington, the United States, and for other purposes;" which were referred to Iowa, for a penson, to the Committee on Invalid Pensions. the Committee on Military Affairs, and ordered to be printed. Also, t\etJ:~;!tion of Peter J. Knapp, forrelief, to the Committee on Mr. SHERMAN presented four petitions of citizens of Ohio, who Military . . . were soldiers in the late war, or arc the heirs of such, praying to be By Mr. McDILL, of 'Visconsin: The petition of citizens of Wiscon granted one hundred and sixty acres of land, fm· the equalization of s~ for additional duty on hops, to the- Committee on Ways and Means. bounties, and for the amendment of the pension laws; which were re .tly 1\Ir. McJUNKIN : The petition of Ba,rbara Ellen Walters, for a ferred to the Committee on Military Affairs. . pension, to the Committee on Invalid Pensions. He also presented the petition of E. M. Dennison, praying for in By Jl,fr. MYERS : The petition of Wilmer W. Bradley, for a pen crea-se of compensation, as court crier, from April, 1!:!63, to December, sion, to the Committee on Invalid Pensions. 1865; which was referred to the Committee on Claims. By J.fr. NEGLEY : The petition of citizens of Alleo-heny County, Mr. SCOTT presented a petition of citizens of Philadelphia, Penn P ennsylvania, for the repeal of the second section of the act of June sylvania, praying for the redemption ·or conversion of the legal-tender 6,1872, which reduces the duties on certain staple commodities 10 per notes, by issuing therefor, at the option of the holder, bonds pavable cent., to the Committee on Ways and Means. . _ on demand in le~al-tender notes and bearing interest at some 'fixed Also, the petition of M. 'Valsh and other employes of the Pennsyl rate, and suggesting 3.65 per cent. per annum; which was referred to vania Salt Manufacturing Company, of similar import, to the Com the Committee on Finance. • mittee on Ways and Means. 1\-fr. MORRILL, of Vermont, presented the petition of Linn E. Bv Mr. O'BRIEN: The petition of Emily L. Slaughter, widow of Sherman, president, B. J . Kendall, and other officers and members of the 'late Commander A. G. Slaughter, for a pension, to the Committee the Vermont Pharmaceutical Association, praying the repeal of the on Invalid Pensions. stamp tax imposed by the internal-revenue laws on medicines, as By 1\fr. ORR: The petition of John Cleghorn, late receiver of the detailed in schedUle C of the code, stating that it is no longer neces land office at Sioux City, Iowa, for relief, to the Committee on the Pub sary a~ a source of pecuniary revenue; which was referred to the lic Lands. Committee on Finance. .Byl\Ir. POTTER: The petitionofcitizensof Chappaqua,NewYork, Mr. CAMERON presented twelve petitions of, and signed by, 947 for the appointment of a commission of inquiry concerning the alco citizens of Pennsylvania, praying Congress to devise some means to holic liquor traffic, to the Committee on the Judiciary. settle international disputes without a· resort to war; which were By 1\Ir. SMART : The petition of William L. Robinson, of New York, referred to the Committee on Foreign Relations. for relief, to the Committee on Claims. Mr. CONKLING. I present three petitions, signed by a large num Byl\.fr.SMITH, of North Carolina: The petition of citizensof Chapel ber of soldiers, stating that they were soldiers for the Union in the Hill, North Carolina, for the payment of the claim of the Southern late war of the rebellion; that they believe they are entitled to one Methodis~ publishing house at Nashville, Tennessee, to the Commit hundred and sixty a.cres of land; and they ask the appointment of a tee on War Claims. special committee to investigate the workings of existing laws touch By Mr. SMITH, of Ohio: The petition of citizens of the third con ing these questions, in order that justice may be done. I move the grc si.onal district of Ohio, for the settlement of international difficul reference of these petitions to the Committee on Military Affairs. ties by arbitration, to the Committee on Foreign Affairs. The motion was agreed to. By 1\fr. SMITH, of Virginia : The petition of citizens of Hanover 1\Ir. CONKLING presented a memorial of the National Board of and Louisa Counties, Virginia, for the establishment of a post-route Trade, for the removal of obstructions t-o navigation now existing at from Villa Green to Factory Mills, to the Committee on the Post-Office and near the mouth of the Detroit River ; which was referred to lhe and Post-Roads. • Committee on Commerce. By Mr. SWANN: The remonstrance of hat manufacturers of Balti He also presented the petition of MarkBrumagim, a citizen of New more against the extension of the Wells patent, to the Committee on York, praying for the enactment of 1;1 law establishing a free gold Patents. banking system; which was referred to the Committee on Finance. By Mr. TOWNSEND: The petition of the Kennett Monthly Meet Mr. ANTHONY. I present the petition of Charles L. Anthony, ing of the religious society of Friends, of Chester County, Pennsyl George Opdyke, and others, of New York, asking for a modification vania, askin~ Congress to provide for the appointment of a commis of tho laws which govern the relations of masters and owners of ves sion of inqurry to inquire a to the results of t.he traffic in alcoholic sels and seamen, representing that in cases where seamen bring suits liquors in connection with crime, pauperism, the public health, and for cruelty the witnesses scatter very soon, and that such cases ought the moral, social, and intellectual well-being of the people, to the to have precedence in time in the courts; also, that in cases where Committee on the J udiciarv. damages are a warded to seamen for cruelty they should be a lien upon Also, the petition of Edward Crowther and 46 other citizens of the ship. This petition is signed in the way in which the Senator Chester, in the State of Pennsylvania, praying for the repeal of the from Ohio [l\Ir. THURMAN] thought petitions ought to be signed, in seconu section of the act of June 6, 1t!72, which made a reduction of which I fully concur with him; each man has put his residence oppo 10 per cent. in certain dutie , to the Committee on Ways amll\Ieans. site to his name. By Mr. TYNER: The petition of Thomas Gargins, late a drummer In moving the reference of this petition to the Committee on Com in Company E, Eighth Indiana Volunteers, for a pension, to the Com merce, I beg to call the attention of that committee to the su&_gestions mittee on Invalid Pensions. of the memorialists upon a subject which I know has engage<1 its ear- 966 CONGRESSIONAL RECORD. JANUARY 28, nest consideration: the protection, the elevation, and the improve siderable expense to begin with, and will hereafter annually in the ment of the sea-faring portion of our population. . . additional number of employes, at the same time ·t seems to have It is a melancholy fact that the character of this Important cl::tss been resolved upon; and it also appears that such an amendment as has greatly deteriorated, and property and hum~n life on th~ .seas, this is indispensable almost to theworkingof the telegraph which we always imperiled by the elements, are thus subJected to additional have alrea-dy established. I move, therefore, that we concur in the and needless danger. . House amendments. I remember the time when young men of good education and good The motion was agreed to. prospects in life shipped before the mast, that they might learn prac THE CALENDAR. tical naviO'atiou,0 and qualify themselves to become mate and master of vessels. Then the forecastle of an Indiaman was largely occupied 1\lr. SHERMAN. In order to make the morning hour as useful as by steady in"telliO"ent, self-respecting men; then the captain of a ship possible I move that the Senate proceed to the consideration of the would fe~l the ~ortification of being charged with cruelty to his Calendar, acting only upon bills to which there is no objection, under men as keenly as though he were charged with cruelty to ~ family. what was known as the Anthony rule of the last session. How all this h::ts been changed, everybody knows; how sailors are The PRESIDENT pro ten"tpore. Is there objection to tthe motion of shipped how they are treated when shipped; how they conduct the Senator from Ohio T The Chair hears none. The Secretary will tllemsel~es under· such treatment, how the brutality of t he seamen report the first bill on the Calendar. develops the cruelty of the master, and how the cruelty of the mas Mr. SHERMAN. The bill pending yesterday on the Calendar I sup ter increases the brutality of the seamen, we all know too well. pose would· go over, being the subject of objection. So it might as The first step toward a reform which is so desirable is to a-ssure the well be passed over. sailor of protection; to guarantee him his just rights; to show him GENERAL AMNESTY. that the law takes a beneficent interest in him. And then, his rights The CHIEF CLERK. The next bill on the Calendar is the bill (H. R. secured we can begin to hold him to his obligations. No. 472) granting general amnesty and prescribing an oath of office. The PRESIDENT pro tentpore. The petition will be referred to the Mr. ANTHONY. That had better go over. Committee on Commerce. The PRESIDENT pro tempore. The bill will lie over. The next PAPERS WITHDRAWN AND REli'ERRED. bill will be read. On motion of Mr. WRIGHT, it was GOLD .ll.TD SILVER. Ordered That Robert D. Brown, of Iowa, have leave to withdraw his petition and The CHIEF CLERK. The next business on the Calendar is the joint papers, asking an increase of pension, upon leaving copies. · resolution (S. R. No.4) proposing an amendment to the Constitution l\fr. HAMILTON, of Texas. I ask for the following order: providing that the United States snail never make anything but gold Orclered That the memorial of the Cherokee delegation, praying the payment of and silver a legal tender in the payment of debts. tho claim ~f Lewis Downing and others, for services in the war of the rebellion, ~ir. BOREMAN. Let that go over. be taken from the files of the Senate and referred to the Committee on Military Affairs. · The PRESIDENT p1·o tentpo1·e. The resolution will be passed over. The PRESIDENT pro ten1pore. Has there been an a-dverse report HEIRS OF GE.NERAL CARLETON. in tha,t case f Mr. HAMILTON, of Texa-s. I understand there ha-s been a report The next bill on theCalendar was the bill (S. No.59)grantingrelief maue favorable to the claim. to _Eva, Etta, Henry, and Guy Carleton, heirs of General James H. Carleton, deceased; which was considered by the Senate a-s in Com The PRESIDENT p1·o tempore. The order will be made. mittee of the Whole. . REPORTS OF COMJ\H'ITEES. The bill directs the Secretary of the Treasury to pay to Eva, Etta, Mr. BORE:!\fA.N fro:.;n the Committee on Claims, to whom was re Henry, and Guy Carleton, heirs of General James H. Carleton, or their wrred t.he pill ("S. No. 156) for the relief of Joseph Nock, reported legal repre entatives, in full satisfaction for property destroyed by adversely thereon, ·au4 l:p.qv.ed its indefinite postponement; which was order of General Canby, dated Fort Craig, New Mexico, Februa,ry 21, ~gr~ecl to. . 1862, the sum of $7,600, being the amount found due by a board Mr. wRJG:S:T, from the Committee on Claims, to whom was referred organized under special order numbered 159, issued by General E. R. the petitj.on a~u .acc.ompaJ?,ying papers ?f Matth_e'Y !Vright, asking S. Canby, and dated Santa Fe, New Mexico, September 3, 1862. r,elief for the flestruction of property b~ S1oux Indians ~n 1862, and by Mr. EDMUNDS. Let us hear the report read. ~oldiers in 1865 ~~ 1866~ asked to be (ij~c]larged from Its further con The PRESIDENT pro tempoTe. There is no report accompanying sideration; which was agreed to. this bill; but there was a report made at the Forty-second Congre s Ur. l\fERRDfON, from tl;te Committee on Claims, to whom was with the papers. l'eferred the bill (S. No, 131) for the relief of J ohn P. Kelsey, sub Mr. WRIGHT. The report was made at the last session, and this IJJitted an adverse report thereoQ.; 'Yhich was ordered to be printed, bill then passed both Houses, as I now remember, but failed to receive and the bill was postponed indefinj.tely. the signature of the President. There is no new report, but the old . Mr. BOUTWELL, from the Committee Qn fublic I~ands , to whom report stands as the finding of the committee. · 1VaS referred the blll (~.No, 109) to r,eorga.nize the clerical force of The-PRESIDENT pro t-empore. Does the Senator from Vermont desire P4e Gen.cral Land Office, reported it with an amendment. . . that the old report be read 'I ~ lNrRODUCED. Mr. SHERMAN. Has it been acted upon by the committee at this session and reported favorably f 1\fr. WRIGHT asked, and by unanimous consent obtained; leave to l\fr. WRIGHT. Yes, sir; at this session. introduce a bill (S. No. 392) granting pensions to the surviving offi cers of the war of 1812; which was read twice by its title, referred Mr. EDl\fUli.TDS. I wish to hear the report read. If this falls within to the Committee on Pensions, and ordered to be printed. one line of cases it ought to be passed; if within another, not. Mr. EDMUNDS asked, and by unanimous consent obtained, leave The Chief Clerk read the following report, submitted by Mr. DAVIS to introduce a bill (S. No. 393) to provide assistance to circuit judges from the Committee on Claims, on the 15th of February, 1873 : The Committee on Claims, to whom WM referred the petition of Eva, Etta, Henry, in certain cases; which was read twice by its title, referred to the and Guy Carleton, heirs of General James H. Carleton, deceased, late of the United Committee on the Judiciary, and ordered to be printed. States .Army, having considered the same, beg leave to submit the following report: l\lr. CiliERON asked, ancl by unanimous conssnt obtained, leave It appoan, that General James R. Carleton, in the year 1854, purchasea for tho to introduce a bill (S. No. 394) to amend an act entitled "An a{lt to use and benefit of his minor children, certain property in and near to the 'town of Albuquerque, in the Territory of New Mexico. ebrulate the diplomatic and consular systems of the United States," This property consisted of some twelve buildings, corrals1. and other improve pas C(~ August 18, 1856, and for other purposes; which was re~d twice ments; and in the year 1862 was rented to, and was occupied oy, the United States by its title, referred to the Committee on Commerce, and ordered to troops for >arious purposes, as shops, stables, store-houses, hospit.als, &c., and was be printed. so continued under rent to the Quartermaster's Department up to March 2 1862. At this date it is shown that, owing to the exigencies of the war, (the late ~ar of CAPITOL AND DEPARTMENTAL TELEGRAPH. the rebellion,) it became .necessary to destroy the said improvements by fire to The PRESIDENT pro ternpore laid before the Senate the amend prevent the v~uaQle PJ:?Perty stor~d therein .f~in"' into the hands of the enemy. ments of the House of Representatives to the bill (S. No. 89) in rela 'l'Q.e authonty for this destruction of petitioner'ls property wa.s an order issued tion to the lines of telegraph connecting the Capitol with the various by General Canby, commanding Department of New Mexico, and is as follows: HEADQUARTERS DEPARTMENT NEW MExico, pepartmept,s of the Government. Fort Craig, New Mexico, February 21, 1862. The ame~Q.J118nts of the House of Representatives were, in line 1, Sm; After I!> severe battle to-day the enemy has succeeded in effecting a lodgment ilofter t):te worQ. "telegra.ph," lio insert ''connecting the Capitol with on the river above this place, and will probably succeed in cutting off our commu tRP 1'_arjous Departmen.ta in Washington;" and at the end of the bill nications with the upper country. You will hold yourself prepared to removo or tq ~9-4 t~ following : destroy aJl public property, and particularly provisions, so that nothing that is use- ful may fall into the ~ds of the enemy. . Md tb.e .S.ecre~ry or he;W. !>f each Executive Department and the Con!ITes All trains and deta{lhment.s now on the way should be turned back. ,ajo,n:li "Piinter are hereby authorized to detail one person from their present :force Very respectfully, your obedient servant, of employes to operate the insb-ument& 1n said Departments and Printing Office; ED. R. S. CANBY, ~tnd ~ House of Congress may provide fur the employment of an operator in Colonel Nineteenth Infantry, Commanding Department. :thoir ;re.speptive wings of the C~pjtol, l).t!;\ tJDmpensation not exceeding one hunched doli..'trB per nionth dri.ring the sessions of Congress. Commanding Officers ALBUQUERQUE, SANTA FE, FORT LYON. That this order was carried into effect, so far as concerns the destruction of claim Mr. l\fORRILLl of Verroont. I think no objection will be m:ule to ant's property, is set forth in the following certificate of Captain Enos: ,the amendments. While I am not much in love with the whol~ prop SANTA FE, NEW MEXICO, September 27, 1862. psition of esta.b1lshing thi.s tele£,rraph system between the White House I certify thn.t the houses and buildings belonging to Eva, Etta., Henry, and Guy and the differ{mt Departments and the Capitol; as it involves a con- Carleton, situated in the town of Albuquerque, New Mexico, were, by my order, de- 1874. CONGRESSIONAL RECORD. 967· stroyed by fire on the 2d day of March, 1862. t.o prevent the public property stored The bill was reported to the Senate without amendment, ordered therein from falling into the hands of the rebel enemy. to be engrossed for a third reading, read the third time, and passed. H.M.ENOS, Oaptain and Assistant Quartermaster, United States .Army. 1\Ir. WRIGHT. I desire to make a suggestion in regard to that bill. To ascertain tho amount of damage sustained bv claimants in the destruction of There are some technical amendments suggested in the names of the their property in the manner set forth by Captain Enos's certificate, a board of sur parties, but nothing else. I suppose that can be done by common vey convened at Albuquerque, New Mexico, on the lOth of September, 1862, in pur consent. • suance of the following order, viz: The PRESIDE:NT p1·o tempm·e. Are the amendments reported by [Special Orders No. 159.] the committee f HEADQUARTERS DEPARTMENT OF NEW MExiCO, .Mr. WRIGHT. Yes, sir. Santa Fe, New Mexico, September 3, 1862. The PRESIDENT pro tempore. Those amendments changing the A board of survey is hereby appointed to meet &t Albuquerque, New Me:rico, names of the parties will be considered as agreed to. on Wednesday, the lOth of September, 1862, or as soon thereafter as practicable, to assess the damage upon the buildings which were rented and occupied up to the ENLISTMENTS IN THE NAVY. 2d of March, 1862, when a portion of those buildings was destroyed. Detail for the board: Colonel C. Carson, First New Mexican Volunteers; Captain The next bill on the Calendar was the bill (H. R. No. 480) to pro H. R. Selden, Fifth United States Infantry; First Lieutenant .A. L. Anderson, Fifth vide for enlistments in the Navy. United States Infantry. The PRESIDENT pro tempm·e. Is there objectiontothepresentcon By order of Brigadier-General E. R. S. Canby. sideration of the billY GURDEN CHAPIN, Oaptain Seventh Infantry, .Acting .Assistant .Adjutant-General. Mr. WEST. Yes, sir; I object. The PRESIDENT p1·o tempore. Objection being made, the bill will The following is an extract from the proceedings of said board: go over. ALBUQUERQUE, NEW MEXIco. SeptemlJer 12, 1862. ?tir. SHERMAN. Will the Senator from NewHampshireallpwthat The board met pursuant to adjournment; present, all the members. bill to be indefinitely postponed Y - The board then proceeded to examine into the condition of, and assess the dam ages upon, twelve houses and seven corrals, the property of Eva, Etta, Henry, and Mr. CRAGIN. No, sir. . Guy Carleton, which houses and corrals were rented by the Quartermaster's Depart BANKRUPT LAW. ment, United State .Army, as ~·shops, stables, corrals. clothing, and quartermaster's store-houses," and as a. "hospital," and were occupied until the 2d of March, 1862. The next bill on the Calendar was the bill (H. R. No. 792) to repeal The board, after careful examination and accurate measurement, finds the nature the act entitled ".An act to establish a uniform system of bankruptcy and money value of the damages to the said property as follows, viz: throughout the United States," approved March 2, 1867, and all laws Three of the said houses were entirely destroyeO. by fire, by order of Captain and parts of laws amendatory thereto. H. M. Enos, assistant quartermaster, United States .Army, on the2d of March, 1862. The estimate of their value, together with that of the other damages sustained by Mr. EDMUNDS. I am not ready to go on with that bill this morn said property, is included in the following: ing. I gave notice yesterday that I would ask the Senate to proceed with it to-morrow, or as soon thereafter as it can be reached. For fifty-nine doors and gates destroyed.----·- -•--·--·- ·------837 00 For fifty-seven windows.aestroyed ·- .• --.----- ··--·· ------· --.------·-·-·- 923 00 The PRESIDENT pro t-empm·e. It will be laid over for the present. For 25,047 feet of lumber. at $50 per 1,000feet. -·-·· ··--·------·------.. 1, 252 35 MARCUS OTTERBOURG. For 714 roof-timbers, at 3 each.------·-·---·----··-··--... _- .2, 14~ 00 For 51,528adobes~,!Lt 12 per 1,000 ....•• ------· --. ·------·---· --· 618 00 The next bill on tl!e Calendar was the bill (S. No. 169) for the relief For laying up wallS·-·- __ . __ .------.--.------···--·-·------__ ----.. 810 33 of Marcus Otterbourg, late consul of the United States at the city of For carpenter-work, laying floors, &c ... __ --_-----·-·---·----·------·-·---· 250 32 Mexico and minister to the republic-of Mexico. For nails and locks, ana grating to windows ...... ------·------•. -----· 350 00 For plastering and finishing wails. ___ ·------·--·---·--_-----.------.-·· 192 00 The bill was read. For removing ruins.-- ... ----·-·-----.--·-·-·--·------_-·------·--· 125 00 Mr. MORRILL, of Maine. What committee does that come from f For contingent expenses ___ .. ---_--·- ••.. --·------· . _-----··---··-······ 100 00 The PRESIDENT pro tempm·e. It is reported from the Committee Total damages to twelve houses and seven corrals ___ •••. __ •• _. __ • _•. 7, 600 00 on Foreign Relations. · Mr. SHERMAN. Let the report be read. The board is further of opinion that the aforesaid dama~es were consequent Mr. MORRILL, of Maine. That is a very bad precedent, and it ought upon the abandonment of the aforesaid buildings by the Uruted States troops on the 2d of March, 1862, and their subsequent occupation by the enemy and by lawless not to be passed without some consideration. citizens. The PRESIDENT pro tempm·e. There is a report made by the Com C. CARSON, mittee on Foreign Relations at a former session of Congress, not at this Oolonel Pirst New Mezico Volunteers. session. H. R. SELDEN, Oaptain Pifth Infantry. Mr. MORRILL, of Maine. Let it be read. A. L. ANDERSON, Mr. SHERMAN. As the Senator having charge of the bill is not Pirst .Lieutenant and .Adjutant Pijthinfantry. present, perhaps it had better go over. HEADQUARTERS DEPARTMENT NEW MExico, The PRESIDENT pro tempm·e. The bill will be laid aside, and the SeptemlJer 18, 1862. next bill on the Calendar will be read. The proceedings of the board approved. ROBERT BENT AND JACK SMITH. ED. R. S. CANBY. The next bill on the Calendar was the bill (S. No. 204) for the relief The award of this military board, convened by General Canby's order, to a.scertain the damage to claimant's property, seems to have been rendered after careful con of Robert Bent and Jack Smith; which was considered as in Com sideration, giving in detail the various items of loss and their estimated value. mittee of the Whole. It appears that General Carleton, in behalf of claimants, applied to the Thirty The bill confirms the gift of six hundred and forty a-cres of land, seventh Congress for relief, and his memorial was referred to the Committee on each, made to Robert Bent and Jack Smith, son of John S. Smith, by Military Afihlrs in thtl Senate. Mr. NESMITH, then a member of that committee, on the 21st of February, 1863 submitted a favorable report, concluding in these the postscript to the treaty concluded with the Arapahoe and Chey words< that ''the committee, fully satisfied that the Goven:ment~ by its proper offi enne Indians, February 18, 1861; and directs the Secretary of the ln. cers, aestroyed this rented property for prudential reasons, report a bill for relief,'' terior to cause patents in fee-simple to be issued for the same to tqose &c., the amount of relief proVIded in sa1d bill being ~,600. This bill, for want of 1;() time it seems, failed to pa.ss. persons, their heirs, assigns, or legal representatives, convey.Plg It further appears that on .January 26, 1867, and while General Carleton wa.s yet them all of the right, title, interest, and estate of the Unite 968 CONGRESSIONAL RECORD. JANUARY 28, e ted, the Secretary of the Interior de'ci~ed that although they w~re him to repre ent the country creditably. His resignation was accepted by Mr. Hunter, Acting Secretary of State, with the req nest that he would continue to hold entitled to the land beyond a doubt, yet 1t wa-s not competent for him the office until the arrival of a succe sor at his post of duty. to issue a patent; but in the mean time he authorized a survey of the Of subsequent fa{lts of importance in this case, Mr. Seward, then Secretary of lands to be made. The surveys have beenmadeandhave been approved; State, made the following official statement, dated F ebruary 23, 1869: aud a report comes here from the Secretary of the Interior stating all "Mr. Otterbourg returned to the United States. In March, 1866, he went back to Mexico, as consul, and to take charge of the archives of the legation, Mr. William' these facts, and reque-sting that this bil~ be passed as a mat~er of form, H. Corwin, acting charge d'affaires, having been recalled. He reported himself to authorize him to issue the patents m form to the ~art1es wh<_> a~e as having arrived-at Mexico on the 8th day of April, 1866, and as bein~ occupied no doubt entitled to this land. There can be no question about 1t; 1t in >erifYing the inventorv of archives and other property of the legation, which was finally complete~~ anCl he put in charge thereof by Mr. Corwin, in pursuance is a matter of legal technicality. of the instructions of tne State Department, on the 20thc1a.y of the same month. lie Mr. SHERMAN. Is it simply giving them land according to the was thenceforward recognized as a. consular officer, performing, and antborizf\d treatyf to perform, diplomatic functions, so far as such were nece sary and pra{lticable iu :Mr. BOGY. Simply giving land according to the treaty and the sur the exceptional condition of Mexico, and of the rAlations of this Government to vev made by order of the Department. the usurping government of Prince Maximilian, in n.ctual possession of the capitaJ, and to the ri~htfnl government of President Juarez, which was generally remote The bill was reported to the Senate without amendment, ordered therefrom, ana migratory with the vicissitudes of war. to be engrossed for a third reading, read the third time, and passed. "Mr. Ottm·bonrg kept the Department informed of the political situation in Mexico. His dispatches, not concernin"' his commercial functions as consul, but those of a. 1A.RCUS O'ITERBOURG. political agent, were classified' and preserved among the diplomatic archives. In October, 1866, .Mr. Otterbourg again returned to Washington, with the approval of :Mr. SCHURZ. I understand that a bill was passed over, which I the Department, and was directed to make a confidentiafreport on the situation in reported from the Committee on Foreign Relations, on a;ccount of ~y Mexico at that time. He was furni hed with a ~y of the instructions to Lewis not being here. I ask that it be taken up now. It IS Senate bill ~~ ~~~~~!J.h~ ~;:_~agf~~ted minister to exico, with whom, on his return, No. 169. "He proceeded to Mexico and made a report, which he delivered to our minister The PRESIDENT pro tempore. The bill will be again read. on his arrivaJ at Vera. Cruz. During the whole period, from April, 1866, to .Tune The bill (S. No.169) for the relief of Marcus Otterbourg, late consul 21, 1867, that Mr. Ott.erbourg was consul, and in charge of the legation as aforesaid, of the United State-s at the city of Mexico and minister to the repub there was not in that country any other officer of the United States authorized to perform diplomatic functions therein, except, or otherwise, than that Lewis D. lic of Mexico, was con idered as in Committee of the Whole. Campbell, a duly commissioned minister, was for a day or two upon its coast, or It is a direction to the Secretary of the Treasury to pay to Marcus in the harbor 6lf Vera Crnz, whence he returned without proceeding to the interior, Otterbour(T late consul of the United States at the city of Mexico or putting himself in communication with the government of Mexico, except when, and minist~r plenipotentiary to the republic of Mexico, in full com in April, 1867, he addressed, from New Orleans, aletter totheMexicansecretary for foreign affairs, requesting humane treatment for Maximilian in case of his capture. pensation for his services as consul and minister, the salary of consul "In response to interrogarories for the United States: The United States had at to the city of Iexico, exercising diplomatic functions from April 8, no time a representative accredited to the government of Prince Maximilian. We U:l66, 1mtil June 20, 1867, both inclusive; and o.f ~ster to l\fe~co bad no other minister a~~~:ted to the government of Mexico during the time for from June 21 until September 30, 1867, both mclus1ve; deductmg which Mr. Otterbourg · s compensation, and who acc('pted, or made any at tempt to proceed upon his mission, except Lewis D. Campbell, of whom I have be· therefrom the salary of consul at the city of Mexic4J :from April 8, 1866, fore spoken, and no one who, during that period, presented his letters of credence. to September 30, 1867, and deducting the sum of $85.80, awarded him The office for which Mr. Otterbourg claims salary was not occupied by any other by the Court of Claims for exercising iliplomatic.functions from Au person. During the whole period of the occupation of Mexico by Prince Maximil ian, Congress·made the usual annual appropriation for a minister to Mexico, with gust 19 until September 9, 1867. no other variation than tbn.t, in the act makin"' appropriations for the consular and 1\Ir. SCHURZ. The only thing·I desire to say is that this is the third diplomatic service for the year ending .Tune 3o, 1866, the words 'republic of Mex time this bill has been reported from the Committee on Foreign Rela ico' were substituted for 'Mexico,' the same language being repeated in subsequent tion and it has pas ed the Senate twice in this identical form, and acts. This Government never recognized the government of Maximilian, in the ... failed for want of time, in going through the House of Representatives. sense of acknowledging or treating with it. We knew it only as an awkward 1 political fact, or rather political pretension, supported by force and foreign inter Mr. 1\fORRILL, of Maine. Does the Senator think it a good prece vention." dent to establish to allow consuls the pay of ministers if they chance Mr. SHERMAN. I do not a k for the further reading of that report. to perform that duty The PRESIDENT pro tempore. The further reading will be dispensed Mr. SCHURZ. This was an extraordinary ca-se. This gentleman with. was appointed minister to Mexico, and afterward not confirmed by 1\Ir. SHERMAN. It seems that this is an exceptional case, but I the Senate. want the bill to show that it is not an ordinary case. Mr. MORRILL, of Maine. I think it ought to be an entirely excep- Mr. SCHURZ. It has been suggested to me to have the bill amended tional case in order to justify the allowance. in line 6 by inserting the words "having been appointed'! between Mr. SCHURZ. It is an exceptional case. the words "and" and "minister," so that it will read "late consul of l\Ir. MORRILL, of Maine. Does the report show thatf the United States and having been appointed minister plenipotentiary Mr. SCHURZ. The report shows that. It has been reported. upon to the republic of l\fexico;" which would avoid the possibility of its three times. being taken as a precedent. The PRESIDENT p-1·o tempore. Is there objection to the considera The PRESIDENT p1·o tentpm·e. The question is on the amendment tion of the bill f The Chair hears no objection, and the bill is before proposed by the Senator from l\Iis ouri. the Senate as in Comrriittee of the Whole. l\Ir. CONKLING. I think that amendment is more commendable The bill was reported to the Senate without amendment. because it will avoid a bad precedent than because it is true. I list Mr. SHERMAN. It seems to me the Senator from Missouri ought to ened to the statement read from the desk, and I did not hear thn.t put in an amendment to show the exceptional character of the ca ·e: this man was appointed minister to Mexico. I should like now to hear because this is a violation of a general law which expressly prohibits the part of the statement which establishes that fact. a person appointed to one office from drawing t he pay of another on The Chief Clerk resumed and concluded the reading of the report, any ground whatever. as follows: Ir. SCHURZ. I have already stated that it is an exceptional case On .Tune 21, 1867,Mr. Otterbourg was nonrlnated by the President minister pleni in tbis-- potentiary and envoy extraordinary of the United States to the republic of Mexico. Mr. SHERMAN. Ought not that to appear on the face of the bill, The Senate adjourned on July 21, 1867, without having confirmed the nonrlnation so that this bill will not be quoted as a precedent Y In the Army, !or of Mr. Otterbourg; but he continued to discharge the duties of minister plenipo instance, a thousand cases occur where a lieutenant may perform the tentiary until August 28, 1867, when he received the notification of the lapse of his commission in consequence of the adjournment of the Senate a.'3 above. Mr. Otter duties of a major, or even a colonel1 and yet the law would not allow bourg thereupon returned to the United States and reported at the State Depart him any higher pay than that of his own grade. ment November 1, 1867, leaving the consulate in the charge of a competent person. :Mr. SCHURZ. I think it is stated in this bill. It reads, ''late con Having presented his account for his services. it was certified by the Fifth Au sul ditor as- for consul in charge of legation, from .A.pril8, 1866, to .Tune 20, 1867, at the of the United States at the city of Mexico and minister plenipo rate of $2.800 per aunnm; and for minister, from .Tune 21 to September 30, 1867, a.t tentiary to the republic of Mexico," thereby indicating that he was the rate of $12,000 per annum. The First Comptroller, however, deducted all n,llow appointed as such and had been acting ministerplenipotentiary to the ance to him as consul in charge of legation, ancl as minister, but admitted and cer republic of Mexico. tified the salary of consul. The case waa taken to the Court of Claims, where judgment was rendered for Mr. WEST. Is that the fact'f 5.80 for exercising diJ?lomatic functions from the 19th of August to the 9th of Mr. SCHURZ. Certainly it is. September, 1867, in :Wdition to a further sum due for his services as consul. The Mr. WEST. That he wa-s appointed minister f court refused to allow salary as minister on the technical objection that .Mr. Otter 1\Ir. SCHURZ. Yes, sir. bourg took his oath of office before the consul-general of Switzerland, whose author ity for that purpo e does not appear. There was, however, no one else before whom }!Ir. SHERMAN. If he was legally appointed he would draw his he could have taken the oath unless he had returned to Washington for that pur pay. He was not confirmed, though, as I nnd~r~tand. pose; and furthermore the Department of State regarded him as minister and prom- ?!Ir. SCHURZ. Here is the report maue ongmally by the Senator ISed him compensation as such. . from Massachusetts, [Mr. SUMNER.] I suggest that the Secretary In accordance with the abo>e statements the committee report a bill giving com. pensation to .Mr. Otterbonr~ as consul perfornrlng diplomatic functions from April read that, and that will give the whole history of the case. 8 1866 until-June 20, 1867, ooth inclusive; and as minister from.Tnne21 to Septem. The Chief Clerk read the following report submitted by Mr. SUM b'er 30 '1867 deductin~what he has received as cons~ and the sum of $85.80 awarcled NER, from the Committee on Foreign Relations, on the 18th of June, him by the' Court of vlaims for exercising diplomatic functions from the 19th Au· 1870: gust to the 9th September, 1867. The Committee on Foreign Relations, to whom was referred the petition of Mr. CONKLING. I suggest that if the bill is to be put upon tho Ma.rcua Otterbourg, have had the same under consideration, and beg leave to report ground that it is exceptional because this gentleman was nominated as follows: as minister, in place of speaking of his having been appointed it , Mr. Marcus Otterbourg was appointed consul of the United States at the city of Mexico in August, 1861. In July, 1865, be tenclered his resignation, assigning aa a ought to recite the fact as it is; and then I cannot convince myself reason that his sabry, by law fixed at 1,000 per annum, was inadequate to permit after hearing this statement that it shows any claim for services be- 1874. CONGRESSIONAL ·RECORD. ·969 yond those of a consul discharging diplomatic duties. This gentle l\Ir. SHERMAN. TWelve thousand dollars a year, less his salary a-s roan went as consul to Mexico. :Mr. Corwin was acting as charge, or consul. per on in charge. The arc~ves of the legation we~e tmned over to Mr. SCHURZ. And then his salary as consul is to be deducted, so the claimant here. He continued, as far as the busmess of any gov that the whole amount will be very small. ernment or comt near which he could be would enable him to con Mr. THURMAN. I should be O'lad if the chairman of the Commit tinue, to discharge nominally consular ~ctions, an~ to keep ~he fo~ tee on Foreign Relations, or the Senator from Massachusetts who was eiO'n office of his own Government appn.sed of the dorngs of this pen so long chairman of the committee, would tell us what has been the p~tetic or I believe it is called, migratory, government in Mexico. usage of the Government in cases of this kind-whether there is any Now I'c~ see that, except for technic-al reasons, it is substantially uniform established rule. the ~ase of a consul exercising diplomatic functions, and for that he 1\fr. SUMNER. In reply to the inquiry of the Senator I will say ouO'ht to be paid; but that he should be paid for the time which I that I have no strong memory of the facts in this case. I did not hear un~erstand is covered by this bill as minister, a-s if he had been min the report :'lsi t wa.f? rea~. But there is. on~ general rule for the Depart ister and ha-d gone there as minist~r, at the rate of ~12,000 a year-; ment, I think, which 1s, where a serviCe IS rendered to pay for it by which as Senators will remember, JS the salru:y substituted for outfit what lawyers call a qu.antwm, meruit. They pay for the service. Again and urli.t as it used to be, which covers the going and coming of a and again in this Chamber have allowances been made to persons who minister as well as his presence in a foreign country-that the case had no regular confirmation a-s ministers or a-s charge d'affaires, but establishes any such thing as that I do not believe. who, nevertheless, in the absence of the minister or charge d'affaires, l\Ir. SCHURZ. The Senator from New York I think failed to state did so serve; and the Senate, reviewing the facts, has awarded a com. one feature of the case, and it is this : Mr: OtterJ:>omg, at the tim~ his pensation on the principle of a qu.antun~ 1neruit. The question then nomination was sent to the Senate, was m MeXIco; that he received is, what is the quantum nteruit '1 The ordinary practice is to take the notice of that nomination by telegraph or by the shortest mail salary that is allowed by law. It is supposed that in that way we route· that he was ordered to present his credentials to the govern may arrive at the proper conclusion. ment' at Mexico as minister, which he did, and was treated by Mr. Now, as I understand, in this case-and I have some recollection of Seward as minister; that afterward his accounts were objected to the facts, thoug:J;t. not very precisely-1\Ir. Otterbourg was nominated because he had not been sworn in bylegitimateanthority, there being as envoy to MeXIco, but not confirmed by the Senate; that in point no United States officer on the spot, and he taking the oath before of fact, de facto, for a certain time he did exercise the functions of a the consul of Switzerland. That is the case, as I understand it ; so minister; ;l.nd the question then occurs, shall he be paid for that serv-. that really he officiated u-s minister of t:J;t.e United S~tes for a certain ice'? As I understand, this bill proposes to pay him for the few months period near the government of MeXIco, and claimS pay for that which he served, deducting therefrom what he received on account , period. of his consular service at the same time. It makes but a small sum, Mr. CONKLING. I venture to ask the attention of the Senate for hardly worth objecting to. one moment to the very point stated by the Senator from Missomi. Mr. :MORRILL, of Maine. Allow me to ask the Senator if it is not This gentleman was in Mexico. How'/ · As consul. In any other accompanied by this embarra-ssment, that although he was recog way 'I No; there is no pretense of it. T~e Senate 'Yas in se~sion, nized by the executive department of the Government as minister, and in the presence of the Senate the President nommated him as and proposed to the Senate as such, the Senate declined to recognize minister, and the Senate a few days afterward adjourned and the him as minister 'I nomination fell. Did the President then proceed under that per Mr. SUMNER. It did. mission of the Constitution which enables him to :fill vacancies which Mr. MORRILL, of Maine. Now, does not the principal part of this may happen during the recess of the Senate'/ Not at all. In the service arise after that fact-after the Senate had declined to confirm first place, no such vacancy had happened during the recess of the him'? Senate. In the next place, he had proposed to fill it by nominating 1\Ir. CO:NKLING. Every bit of it. this gentleman to the Senate. He could not appoint him without the Mr. MORRILL, of Maine. And if so, then does not the rrue which advice and consent of the ·senate. That advice aJJd consent was the Senator from Massachusetts seeks to apply as a quantu-m nwruit, withheld; and although the Senator says that Mr. Seward deemed fail'? _ him minister, I think it is taking a liberty with the name and the l\Ir. SUMNER. The Senator from Missouri [l.Ir. SCHURZ] can an memory of Mr. Seward to suppose that, although the Constitution swer that question better than I can. saiu he was not minister, and although the law said he was not min Mr. SCHURZ. The fact is that part of the claim is for the time ister, and although he could not by any possibility on the facts be after the Senate had adjourned without having confirmed him until minister, yet Mr. Seward deemed him so. There is nothing in this he was notified of that fact; and during that time he administered statement to show that he deemed him so. · the duties of minister to Mexico. Now, I ask the Senate to observe that this gentleman, having been l\Ir. MORRILL, of Maine. That is to say, he went to Mexico recog appointed consul, was in Mexico. He was nominated for minister on nized by the executive department, and proposecl by the executive the 21st of June, and early in the next month of July the Senate ad department as minist er in good faith; and in the mean time his name journed and the nomination fell, and there never was an instant of was sent to the Senate, but the Senate did not confirm him, and he time when he was minister. Now it is proposed to pay him, not only still continued, notwithstanding that fact, to act as minister. as consul, for which he has been paid already, not only as consul dis ~Ir. SCHURZ. Not being aware of that fact. charging diplomatic services, but to pay him at the rate of $12,000 a ~Ir. MORRILL, of Maine. And that was without notice to him. year, as if in truth he had been in his own land, and appointed minis But as soon as he had notice of the fact he resigned. Is that the t er, and had made a voyage to Vera Cruz, and thence traveled to the state of facts 'f city of Mexico and remained there a year and returned. Mr. SCHURZ. That is the case. :Mr. SCHURZ. If there was any irregularity in this case it was ~Ir. MORRILL, of Maine. Then my impression, on the whole, is an irregularity committed by this Government. Mr. Otterbourg was that it d9es come within the principle stated by the Senator from authorized, as I understand the case, to present his credentials as min Massachusetts, that this claimant is entitled on a qu,antlt11~ nurruit. ister to the government of Mexico. He did so. He acted as minister Mr. SCHURZ. I would say in regard to the facts that the report not as consul discharging iliplomatic functions, but as minister-for here is the report originally made by the Senator from MUBsachu a certain periou, and for that period he claims pay. Now, I think setts-- he is, in equity, entitled to that pay, althou~h the case may have been The PRESIDENT pro tempore. The morning hour having expired, in a sense irregular. If it had not been rrregular in some respect the Senate resumes the consideration of the resolution reported by the there would be no claim before Congress. But it seems to-me, and Committee on Finance. so thought the Committee on Foreign Relations, which ha-s reported Mr. SCHURZ. I would ask that this bill be informally continued. this case three times just in the same way, that he was entitled to l\Ir. :MORRILL, of l\iaine. Let the finance resolution be laid a-side this equitable remuneration. informally. Mr. CONKLING. I ask for the yeas and nays on the passage of this The PRESIDENT p1·o tlmlpm·e. · The unfinished business will be laid bill. ' aside informally, if there be no objection, for the purpose of con The PRESIDENT pro ternpore. The question is on the amendment tinuing the consideration of the Otterbourg bill. Is there objection Y proposed by the Senator from Missouri, [Mr. ScHURz.] The Chair hears none. Mr. SHERMAN. Before the yeas and nays are taken, I ask the Mr. SCHURZ. I was going to say that the statement of facts just Senator from l\Iissouri what is the amount, or the time in other words, read to the Senate by the Secretary was originally made by the Sena that this appropriation covers 'I tor from Massachusetts; that afterward the bill was put in my charge, Mr. SCHURZ. It covers but a very short time. and I reported the same bill back. My impression was that I had Mr. SHERMAN. I think the amount ought to be stated in the bill written another report, but I discover now that I had not-done so, but in all cases. simply relied on the report of the Senator from .Massachusetts as origi ~Ir. SCHURZ. It is the pay of minister to Mexico from June 21 to nally made. September 30. ~Ir. MORRILL, of Vermont. I merely desire to call the attention l\Ir. SHERMAN. Of the same year 'f of the Senate to at least five hundred cases that will come within this Mr. SCHURZ. Yes, sir. precedent if we should establish it. I remember that on one occasion· Mr. SUMNER. What is the amounM we had somebody who acted as Assistant Secretary of the Treasury, Mr. SCHURZ. It can easily be figured. It is from June 21 to Sep and whenever the Secretaryof the Treasury was absent, even at New t ember 30, at the rate of the usual compensation of a minister to York for a day or two, he came in with a claim as having discharged, Mexico. the duties de facto of Secretary of the Treasury, and another such case 970 CONGRESSIONAL RECORD. JANUARY 28, arose in the State Department; and aJ.l over the world we have the 1\Ir. SCHURZ. I merely want to say that the state of the ca e as absences of ministers for a little while, temporary absence , when the laid before the Committee on Foreign Relation , as I am informed, was secretary of the legation or the consul discharges the duties de jq,cto quite different. Still we may look after .the matter and see how the of the minister. Now, if we establish the principle of paying a sub fact is. ordinate for discharging the duties of the superior officer in any given MESSAGE FROM THE HOUSE. place, we shnJ.l open the door for an indefinite amount of claims upon A message from the House of Representatives, by Mr. 1\IcPHEnso~, the Treasury. its Clerk, announced that the House had passed a bill (H. R. No. 1564) . Mr. SCHURZ. I beg leave to remark that this is not an analogous establishing life-saving stations, and appropriating therefor; in which case. it requested the concurrence of the Senate. Mr. MORRILL, of Maine. Does not the Senator from Vermont see the obvious distinction between this case and the case which- he E~TROLLED BILLS SIGNED. supposes 7 In the case he supposes, where the duties of a Secretary The message also announced that the Speaker of the House had devolved on the As istant Secretary, they are thus devolved on him by signed the following enrolled bills; and they were thereupon signed law ordinarily, and hence no such promise for compensation could by the President of the Senate p1·o tempo-re: arise. But here is a case where the man was actually performing A bi11 (H. R. No. 1231) to abolish the office of deputy commissioner the dutv, not of consul, but he was performing the duty which the of internal revenue; and executive Government llad devolved upon him as minister. That is A bill (H. R. No. 1382) authorizing coinage to be executed by the the distinction, it seems to me. mints of the United States for foreign countries. The PRESIDEJ\TT p'ro ternpore. The question is on the amendment HOUSE BILL REFERRED. proposed by the Senator from Missouri. Mr. CON'KLING. Let me understand that amendment. That is The bill (H. R. No. 1564) establishing life-saving stations, and ap an amendment which is to assert that this man was appointed min- propriating therefor, was read twice by its title, and referred to the ister to Mexico. . Committee on Commerce. Mr. SCHURZ. Then say "having been designated." THE CURRENCY-SPECIE PAYi\IENTS. Mr. MORRILL, of Maine. It had better be modified in that way. The Senate resumed the consideration of the following resolution, The PRESIDENT pro te-mpore. The amendment will be reported as reported by :Mr. SHERMAN from the Committee on Finance: modified. · Resolved, That it is the duty of Congress during its present session to adopt The CHIEF CLERK. After the word "and," and before the word definite measures to redeem the pledge made in the act approved M.u-ch 18 1869 "minister," in line 6,it is proposed to insert "having been designated.'' entitled "An act to stren£i;hen the public credit," as follows: "An!l tbe United is States also pledges its faith to make provision at the earlie t _practicable period for :Mr. CONKLING. That a military term; he was detailed, I sup the redemption of t.he United States notes in coin;" and the Committee on li'in:mce pose. is directed to report to the Senate, at as early a day as practicable, such measures The amendment was agreed to. as will not only redeem this pleda-e of the public faith, but will also furnish a cur The bill was ordered to be engrossed for a third reading, and was rency of uniform value, always redeemable in gold or its equivalent, andsoadjnsted read the third time. as to meet the changing wants of trade and commerce. The PRESIDENT po tempore. On the passage of the bill the Sen The pending question being on the amendment submitted by Mr. atorfrom New York demands the yea,g and nays. FERRY, of Michigan, to strike out all after the word "resolved" and The vea~ and nays were ordered. insert the following: Mr. NORWOOD. I should like to have the bill reported; I am not That the Committee on Finance is directed to report to the Senate, at as early a informed of its contents. # day as practicable, such measures as will restore commercial confidence and give The Chief Clerk again read the bill. , stability and elasticity to the circulating medium through a moderate increase of The question being taken by yeas and nays, resulted-yeas 25, nays currency. 19; as follows: Mr. BAYARD. :Mr. President, the people and the Government of the United States have reached a crisis in their financial condition YEAS - Messrs. Anthony, Bayard, Buckingham, C~l~r, Cooper, Cra!dn, Crozier, Davis, Edmunds, Ferry of Michigan, Flanagan, · , Howe, Kelly, lic and have arrived at a P.r from this gentleman having been nominated for minister to :Mex indispensable for the happiness and security of a civilized people c'1n ico nnd left before the Senate until it adjourned, and an interval be imagined than the creation and regulation of a circulating me having elapsed, he was nominated on the day stated in this report, dium of exchange--the money which is to be the common denominator not for minister, but for secretary of legation, and was rejected by for everything that men consume, u.nd all that is bought u.nd sold by the Senate on the very next day. The newspapers, at all events, and every individual in society, or that enters into human u e. such other records as I have a right to speak of openly, attest that Is it not pos ible, and if possible is it not clearly our duty, not to fact, :)J)d I trunk upon exa-mination it will be found that it can be tho present only but to the future, not alone to ourselves of this gen nttesteu otherwise. Now, if there is any mistake about this, the eration but to our posterity in coming generations, to settle or to Senator having the bill in charge, before it comes up again, can look take, so far as sound prudence and discretion may dictate in the line at it and see that no injustice is done. - of practical statesmanship, some step to settle this vast question of cur- . ., 1874. CONGRESSIONAL RECORD. 971· rency upon the basis of those sound principles which, having stood the court during which it han been announced, was truly stated by Chief test of time, were accepted by the founders of om· Government, and Justice Chase, (12 Wallace, page 572,) to be- by them fondly hoped to be continued as the corner-stone of our finan Unprecedented in the history of the court; and has been produced by no change cial structure Y Until1861 I am not aware that any American states in the opinions of those who concurred in the former judgp1ent. One closed an man of eminence, any court of record in the United States, or any honorable career by rasi~ation after the case had been dectded, after the opinion had been read and agreelt to in conference, and after the day when it would have citizen conversant with the provisions of the Constitution of the been delivered in court, had not the delivery been postponed for a week to give United States, had been found to declare that anything but gold :.tnd time for the preparation of the dissenting opiruon. * * * The then majority find silver coin, made current by law of the United States, was money and themselves now in a minority in this court, as now constituted upon the question. legal tender for all debts. But, sir, the decision of the court has been made as I have stated, And now, in making a brief but .necessary reference to the history and the power of Congress announced under the Constitution to make of legislation by Congress and the adjudication by the Supreme Court anything, however worthless, intrinsically legal tender in discharge of on this subject, I expressly aver the intention in making such refer any debt. ence to glean therefrom seeds of instruction only, and not in any way It might startle some farmer to know that he could be compelled to reopen issues of opinion or disturb the ashes of past controver to receive fifty acres of land instead of the hundred acres he con sies. If I cite judicial opinions or acts of legislation, it is merely to tracted for; or the merchant that his invoice should turn out to gain from them light as to our present position, and wisdom as to be one-half the value of the bill of exchange he had accepted and our future guidance. puid for it, or that a contract for one hundred bales of cotton or a In speaking of this first attempt to issue notes of the Federal Gov t.b.ousand bushels of wheat should be fulfilled by the delivery of fifty ernment and make them by law a le(J'al tender for the payment of bales of one and five hundred bushels of.the other. Yet the force and all debts, the gentleman who first introduced the measure (Mr. Spauld effect of the late decision goes much further, and provides that any ing, of New York,) into Congress, advocated its passage, and became debt, no matter how valuable intrinsically was the consideration there subsequently the historian of this most important episode in our career for, may by t.he will of Congress be discharged by a paper note not as a nation, has said, in December, 1868: worth intrim~ically one cent of coined money. If such a power be not Introducin"' the legal-tender bill early in January, 1862, immediately after the an unlimited power; if a government which has such control, such suspension of specie payments in this great crisis, I advocated the bill as a war complete power of destruction, over every contract of every citizen be measure, a measure of temporary relief to the Treasury, and on the ground that it was an imperative necessity to preserve the life of the nation. I conceded that it not an absolute government, my imagination fails to comprehend the was a forced loan, and could only be justified on grounds of necessity. As a war force and meaning of the English language. measure, passed during war, continumg during the war, and as long as the exigency Sir, we must make our contracts and conduct our dealings in a-ccord lasted, I believe it was necessary and proper tQ successfully carry on the war, and ance with laws as expounded by the judicial b:tanch of the Govern was therefore constitutional. I am eq,ually clear that as a peace measure it is un constitutional. No one would now think of passing a. legal-tender act making the ment, but if the necessary results of the decision I have referred to promises of the Government (a mere form of credit) a legal tender in payment of ever penetrate a.nd possess the minds of the American people, I shall all debts, public and private. Such a law, passed while the Government is on a. look to see a reversal of such a decision, even if an amendment to the peace footing, could not be sustained for one moment. Constitution is required to effect it. Shortly after these words were written a number of ca-ses- came into But it may well be said Congress has issued irredeemable paper ...... the Supreme Court of the United States; and at the December term, money, made it a legal tender for all debts-and the Supreme Court 1869, decision was reached in the ca-se of Hepburn vs. Griswold, with have sustained the exercise of the latter power-and here we are the conclusion that power was not vested in the Congress to make face to face with the facts and some of the results. What is to be - promises to pay dollars a legal tender in payment of debts previously done 7 My answer is, to rectify the errors of the past as fast as sound contracted. The opinion of the court, delivered by the late Chief Jus discretion and regard for existing rights will admit. tice Chase, who had been the Secretary of the Treasury at the time Let ns again establish a stable standard of values by basing all of the pa sage of the act authorizing the issue of irredeemable notes currency upon our gold and silver coin of ascertained and declared and making them a legal tender, and who han a-cquiesced therein, con value, into which it shall be convertible, using such coin as currency cludes as follows. I read from 8 Wallace, 625: also whenever it shall be considered convemcnt or desirable. The principles of sound :finance in all countries establish this a-s an essen It is not surprisinl?i that amid the tumult of the late civil war, and under the in- . fiuence of apprehensiOns for the safety of the Republic almost universal, different tial basis of a circulating medium of paper. views, never before entertained by American statesmen or jurists .were adopted by If the people of the United States would pause and consider, on the many. The time was not favorable to considerate reflection upon tne1 constitutional one hand, the infinite importance, in a :financial, economic, and moral limits of legislative or executive authority. If power was assumed from patriotic point of view, of the permanent establishment of a sound basis of motives, the assumption found ready justification in patriotic heatl:s. Many who doubted yielded their doubts; many who did not doubt were silent. Some who were value for the currency; and, on the other hand, the innumerable evils strongly averse to making Government notes a legal tender felt themselves con and almost irreparable results that flow from banishing a standru·d of stramecl to a{lc1uiesce in the views of the advocates of the measure. Not a few who stable value from their currency, I feel convinced they would not then insisted upon its necessity, or a{lquiesced in that view, have, since the r eturn of peace, and under the influence of the calmer time, reconsidered their conclusions, hesitate to make prompt and serious .present sacrifices to deliver and now concur in those which we have just announced. These conclusions seem themselves from the insidious and extensive eyils of the latter system to us to ue fully sanctioned by the letter and spirit of the Constitution. which has prevailed to their loss for nearly twelve years in this country. • . In this opinion of the court five judges concurred and three dis Sir, the voice of Daniel Webster was heard with respect in his life sented. The question had been argued at different times in five time. I believe the wisdom of that great man has been so justified other cases by counsel of eminence, and it was held long under ad by events since his death that from the grave he may still speak with visement. It was stated by one of the learned justices (Field) that- undiminished influence to his countrymen, and I would that his utter No case has ever been decided by this court since its organization in which the ances could reach the ear of every citizen of this country. In speak questions presented were more fully argued or were more maturely considered. ing of the necessity for a currency of stable value, he said: The case of Hepburn vs. Griswold was decided in conference No First, as to the currency of the country. This is at all times a most important vember 'Z'l, 1869, and judgment announced on February 7, 1870. political object. A sound currency ia an essential and indispensable secmity for One of the judges (Grier) retired from the bench on February 1, the fruits of industry and honest enterprise. Every man of property or indll.stry, every man who desires to preserve what he honestly poss es, or to obta:.n what 1870. In the course of the next six weeks two other judges, one in he can honestly earn, has a direct interest in m.aintainlng a safe circulating medium, the place of Judge Grier and one additional judge, were appointed, such a. medium as shall be a. real and sabstantial representative of property-not and an order for a rehearing of the question was almoat immedi liable to vibrate with opinions, not subject to be blown up or blown down by the ately made, and in April, 1871, the cases known as the" legal-tender breath of speculation, but made stable and secure by its immediate relation to that which the whole world regards a.q of a permanent value. A disordered currency is ca-ses," reported in 12 Wallace, were argued, and in the m6nth follow one of the greatest of political evils. It undermines the virtues neces ary for the ing judgment was entered affirming the power to exist in Congress support of the social system, and encourages propensities destructive of its'happi under the Constitution to make the Government's promises to pay ness. It wars against industry, fru~ty, and economy; and it fosters the evil expressed upon paper legal tender for the payment of all debts, pub spirits of extravagance and speculation. Of all the contrivances for cheating tho laboring: classes of mankind none has been more effectual than that which deludes lic as well as private, and this decision was reached by the prepon them With paper money. This is the most effectual of inventions to fertilize the derance of five judges over foru:. rich man's field by the sweat of the poor man's brow. Ordinary tyranny, oppres Mr. President, I trust I shall always speak of the judgments of the sion, excessive taxation, these bear lightly on the happinc s of the mass of the com munity compared with a fraudulent currency and tho robberies committed by a de Supreme Court of the United States with the becoming respect due to preciated paper. Our own history has recorded for our instruction enough, and more that elevated tribunal and the personal characters of the jurists who than enough, of the demoralizing tendency, the injustice, and the intolerable oppres compo e it; but I cannot but feel that the last decision of the court sion on the virtuous and well-diSposed of a degraded paper currency authorized by would tend more to change ours from a Government of limited and law or in any way countenanced by government. delegated powers into an absolutism than any one fact in our his Let me also cite the language of the late Chief Justice Chase on tory. Said Chief Justice Marshall, "The degree in which a measure this important subject, while he had such just cause to consider deeply iB necessary can never be a test of the legal right to adopt it." I fear and such opportunity to understand correctly. In delivering his dis also that the :finality of judicialdecisions when once deliberately made, senting opinion in the legal-tender cases, (12 Wallace, page 583,) he which constitutes so requisite an element in that stability which is said: essential to good government, ha-s been greatly impaired, if not in In considering this question we assume as a fundamental proposition that it is effect destroyed, by the admission of the doctrine that the principles the duty of every government to esta.blish a standard of value. The necessity of upon which cases are. decided in the Supreme Court of the United a standard is indeed universally acknowledged. Without it the transactions of society would become impo sible. All measureR whether of extent, or weight, or States are to change with the change of the persons who may com- value, must have certain propOrtions of that which they are intended t-o measure. pose the tribunal. • The unit of extent must have certain definite len~h, the unit of weight certain The reversal of this most deliberate decision at the same term of definite gravity, ancl the unit of value certain definite value. These units, multi- r ,_ 972 CONGRESSIONAL RECORD. JANUARY 28, plied or subdivided, supply the standards by which all measures are properly made. In the same paper he stated that the circulating medium of the The selection, therefore, by the common consent of all nations, of gold and silver as the standard of value waa natural, or, more correctly speaking, inevitable. For c01mtry was altogether excessive, and added: whatever definitions of value political economists may have given, they all arree It is the opinion of the Secretary, as haa already been stated, that the process of that gold and silver have more value in proportion to weight and size, and are Yess contraction cannot be injurionsly rapid, and that it will not be necessary to retire suQject to loss by wear or abraaion, than any other material capable of easy sub mor~ _than one hundred, or at most two hundred, millions of United States notes, in division and impression, and that their value changes less and by slower degrees ad!lition to the compound D?tes,_ before ~he desire~ resnlt will be attained; but througl1 considerable periods of time, than that of any other substance which conld ne1ther the amount of reduction nor the time that will be required to brin"" up the be u~cd for the same purpose. .Ana these are quaJ.lties indispensable to the con cnrren!?y to the speci": standard !?an now be estimated with any degree of aZcuracy. venient use of tlie standard required. In the construction of the constitutional The thing to be done 1s to establish the policy of contraction. grant of power to establish a standard of value, every presumption is, therefore, against that which would authorize the adoption of any other materials than those The wisdom of tb.ese suggestions was manifest, and was immedi sanctioned by universal consent. ately followed by a resolution of Conbrress, in March, 1866, in these words : To this high American authority-and there is none higher in this country-let me add one more from an intelligent Scotsman, Mr. John . That _this House cor~lly concurs in the views of the Secretary of the Treasury m relation. to the necess1ty__f! a contraction of the currency with a view to as early Macdonnell, who, in his recent Survey of Political Economy, page a ~esn.mation of specie payments as the business interests ~f the country will per 151, says: ::itl~.an we hereby pledge our co-operative action to t.his end as speedii.y as pos· Gold, silver and copper possess certain properties which mark them out to be the cosmopolitan currency; it is not caprice frozen into conv~ntion, or the stamp of That resolution was passed almost unanimously-144 votes in the the mint, that has gained for them their present place; and Tnq~ot says well, " Gold affirmative, and but 6 in opposition. and silver are constituted, by the nature of things, money, and uru versal money, inde· pendently of all convention and law." They contain much value in small bulk, :Mr. THUR~IAN. What is the date of it! they are similar in gnality wherever they are produced; they are indestructible; Mr. BAYARD. The date of that resolution was March 15 1866. they are readily diVISible, and yet do not suffer in beauty by division; and they are The policy of contraction was further illustrated by the p~ssao-e of r eadily united. They are so scattered over the globe that t.he same expenditure of 0 labor has, in the past at all events, generally produced about the same amount of the ~ct of the 12th of April, 1866. That a.ct provided- metal; and being at once the most generally diffused and the rarest of metals, they .T~:lt o~ U nit.ed States notes not more than $10,000,000 may be retired and canceled are marked out by nature for coinage. Wlthin srx: months from the passage of this act, and thereafter not more than 64,000,000 in any one month. The value of such a standard of value as the basis of a people's currency is, then, first, its stability and its certainty; and, next, its uni ~d under that direction and aut~ority t~e Secretary of the Treasury versal exchangeability. With such money in his pocket a man may contmued to reduce the amount of crrculation until January, 1868. He pay any debt and purcha-se any commodity at any point in the world. had by that time reduced the amount of outstanding notes $44,000,000. He possesses the common denominator in all articles of the world's They had .been "retired and canceled," a-s the public supposed and as commerce. the law directed. In January, 1868, the speculators raised a cry and It is true that only in America and in some governments of Europe Congress gave temporary aid by stopping the contraction. They did is gold the sole standard of value, while gold and silver are a joint that by a bill declaring- standard in others, and silver only for four-fifths of mankind, India. That from and after the pas;>age of this act, the autho~ity of the Secretary of the Treasury to make any reduction of the currency by retirin.a- or canceling United havin It would seem that the words there were plain enough for any man Total for two years ...... 1, 268,731,307 who understands English to know what was the intent and meaning Duties paicl in gold, 1871-'72 ...... ~...... 216, 370, 2"6 of "retire" and" cancel." It was the reduction of the volume of cur Duties paid in gold, 1872-'73...... • ...... •...... 188,089,522 rency. But what else follows¥ 1, 673, 191, 115 But nothin~ herein contained shall prevent the cancellation and destruction of mutilated Uruted States notes, and the replacing the same with notes of tho same The freight on this merchandise to the United States was paid in character and amount. gold, and averages 6 per cent. upon the value of the merchandise. Sir, there is no rule of construction more universally accepted than The Senator from 1\fa sachusetts the other day, in accounting for t.he that "the expression of one thing is the exclusion of another ;" and suppo ed balance of trade against England, fir t said it amounted to when the Congress, speaking of reducing their debt by the cancella 8 and afterward to 6 per cent. I have chosen to state it at his own tion of notes, said that it should cea e, and then provided for the lowest :figure. That would amount to $76,123,877. We paid at the cancellation and destruction of mutilateu currency, and said it should same time two years' interest in gold on bonds of the United States CONGRESSIONAL· RECORD. JANUARY 28, held abroad. '!'hat amounted in round numbers to 100,000,000. We But the Supreme Court h ave decided the character and meaning have, therefore, during those two years paid at a gold valuation of the "greenback." In the case which the honorable Senator, sup . ·1, 49,314,972. The average premium on O'Old during the years 1871 posed t9 be an authority for his proposition to reissue paper money to 1873 was a fraction over 14 per cent. ; hence it follows the people without warrant of law, in the course of the decision in the case of of the United States had to raise additional money- $258,904,096 more Bank vs. Supervisors, (7 Wallace, 30,)tbe ChiefJusticeconsidered that than they would have had to use and pay had our currency been upon question; and it was a question distinctly neces ary to be decided in a specie basis in July, 1871. The Secretary's policy stands, then, thus: order to come to any decision in the case. The very able and ingeni Savings of interest on bonds pnrcha.sed from March, 1869, toJuly; 1873.. $35, 2515, 358 ous counsel, no one less than Mr. CharlesO'Conor of New York,clamm et venerabile nomen, had raised the point before the court that this note And for this benefit the conntrv ha.s paid premium on bonds purchased. 2.1, 061, 766 was intended to be the only lawful money in use, and being money, Pramiumon gold for imporU! during the samt> years . .•...... •...... 2JS, 904, 0!>6 and therefore property, it was not an instrumentality of credit of the 281. 965. 862 United States, but it was absolute money per se, and therefore could be taxe ·I . - 1874. CONGRESSIONAL RECORD . 975 New York to Colorado at least 10 per cent. is added to the cost, eventu ing of the South, for her distressed condition has been well described by ally to be paid by the consumer, although the first fluctuation was but one of her own sons, my friend from Georgia, [.Mr. GORDON.] .A book 1 per cent. by a northern man, lately published, has the suggestive title of "The. Let us, Senators, face the truth as it exists and help to make the Prostrate State." How sadly eloquent! speaking volumes in three people understand it. Even if it be unpalatable, they had better words. Did not the Senator from Ma achusetts speak ironically when know it, and in the end will thank you for it. he referred to the prosperity of South Carolina T . Mr. Spaulding well states the situation in 1869, and what he said in What an answer to the loud trumpeting of prosperity and wealth his Financial History of the War is true of to-day : ·. aJl over the country which we heard the other day from the honora Viewed simply as an economical question, the immense war debt represents only ble Senator from Indiana, [Mr. MORTON,] are the reports of the meet lives and property consumed. All the unproductive labor, vast material of war, ings of the unemployed poor in the eastern as well as the western provisions and supplies of all kinds, are used up, wasted, and blotted out of exist cities; of lawlessness madly seizing railways and holding them by force ence. This immense debt, rolled up during four years of bloody war, stands out in to obtain the just dues of honest labor; of strikes; of processions of men bold demand upon the n.1tion for liquidation from the future earnings and income of the people. Future labor and economy must furnish the means for its payment. asking for work and bread; of deputations to the President of the * * * * * * * United States from Louisiana, asking that .Army rations may be served This sum must be paid principal and interest; not by the issue of new promises to the starving people of that State; of the statements made on this to pay it, but by the production of actual value, measured by gold and silver-the floor by Senators from :Missouri, from Georgia, from North Carolina, world's commercial standard, as well as the standard regulated by law. all telling of poverty and distress, and asking for relief. Sir, these a,re solemn facts, well stated; and it seems to me as if the wp.en I look at the national debt, in all its forms- the largest, in pro energies and the ingenuity of a vast body of the so-called friends of portion to the accumulated property of the country, of any nation in the people have been exerted for mn.ny years to make an unpalatable the world; at .the. debts of the States; of every county in every State; truth stand in the guise of pleasure, of some pastime, of some advan and of every mty m every county; at the corporate debts, so vast that tages, instead of being what it is- war is waste, and debt is a curse. nearly 50 per cent. of aJl the railroad companies were unable to meet Mr. President, there was much of wit and wisdom in one of the their interest this fall and winter; at the individual debts, covering many maxims of Macrinn, the author of the O'Doherty Papers, and farms and houses, country properties and city properties, with crush the applicability of which has struck me in the course of this deb:tte. ing mortgages; when I see the whole country staggering under taxes One was, "That we hear much of the horrors of intemperance, but to meet these public debts-does it not seem, as Voltaire said, "that few seem to consider the terrors of sobriety.'' this people have discovered the secret of owing more than they pos This nation has had its period of wild excitement, in which ·every sess, and of living as though phey owed nothingT" stimulus, moral, physical and :financial, has been freely indulged in. The more I have reflected and considered the results, the more I do These should have ended with the war, from which period, perhaps, desire to retrace many of the steps taken during the war and the they were inseparable. But with the return of peace and its calmer years of confusion which have followed it in centralizing power, and influences reason must regain her sway, and the pleasures that ac to contract the functions of the centra.l Government, and leave the. company intoxication must give way to the temporary terrors, as Ma administration of their internal affairs more and more to local self ginn termed them, of returning sobriety. government, which is the life and soul of a free people. The process is, of necessity, uncomfortable, and resistance in many The growing disposition and tendency seem to be, to look to the quarters not Ul).llatural. Thus we have the Senator from Michigan central Government for the performance of functions which should [ 1r. FERRY] begging for a few more glasses from the flowing bowl be left to individual enterprise a-nd local control. This disposition of paper issues, of that which cheers and likewise inebriates; and has prompted some parties to place under governmental control our his friends from Indiana, Illinois, and Iowa, [Messrs. MoRTO~, LOGAN, currency and entire system of banking. We are made aware of and WRIGHT,] lustily joining in the cry, and proposing, as I under schemes to place the whole system of electric telegraphv throughout stancl them, to order in an indefinite number of bottles and "make a the Union under the finger of the Postmaster-General, and have sav .:· regular night of it." ings-banks for the people's money established at every post-office I Mr. Pre ident, in order to justify this continued use of stimulus, under the same central management. Then come propositions to 1·moral and financial, to the people, we have hn.d charming pictures combine all the railways in the country into a single institution of prosperity drawn for us of the condition of the United States. of "Commerce between the States," and hand it over to the Depart From my heart I wish they all were true ; but my rea-son tells me ment of the Interior. Then, as education is an important subject, we that they arc false; thn.t there is the habit, not an unnatural one, of are to place the question broadly under governmental control~ paving those owning property to overestimate its valne. .A familiar il the way by large donations of land, and finally giving some l::luperin lustration of this was given me by a gentleman lately from England, tendent of the Bureau of Education supervisory powers over every who is a resident of one of the thriving towns of the interior of the child in the country, releasing parents from all individual responsi- State of New York. He told me the price of real estate in many bility. - . parts of the City of London was, as a rule, less than in many of the I do not see what subject of human cognizance is to escape the favorite palts of the town of Binghamton. I could make the sumo vortex of this system. Marriage and the nurture of children are kin comparison iu respect of my own liiuited knowledge of the value of dred questions, which the Federal power may be called in to control. property in London, and property in ·the city of Washington, or in When you supersede individual responsibility yon interfere with Wilmington, ·Delaware. .And this I doubt not is the common expe individual liberty. The law of competition is the law of liberty; rience of all who have given this subject any consideration, and and monopoly and tyranny are synonymous We have partial monop applies to all our towns and cities in the Northern States. It is a olies already in the shape of corporations created by law;· but let us · system of puffed prices, of exaggerated values, that is purposely not convert our Government into a vast and complete monopoly, in kept up for various reasons, and chief among them the idea of making. whose shadow individual liberty will wither and die. people happy, by making them believe they are rich and prosperous The individual man is to be educated by competition and struggle when they are not. into self-reliance, and self-education is the best; his own na;tural Sir, what a response to all this is to be found in the resolutions of powers are his best instructors; his very failures are his best le sons. the sundry "granges," so called, which give but little indication of .And if you substitute a paternal government to smooth the path be prosperity in western agriculture! The men composing these or fore him, you will dwarf and wither his faculties. .And if this be true ganizations are not the drones of society, nor the turbulent spirits of individuals, it is true of communities of men; to be kept strong that so of-ten, and without due cause, keep society in a ferment; nor they must be exercised in the duties of self-government in every- the hangers-on of political parties, pleading for place and awaiting thing that can rationally be left to their own control. . the opportunity for plunder that comes in times of confusion and Tbis local self-government was the lesson of the Saxon Alfred, well distnrbance. No, sir; they are the real producers of wealth, makin~ named "the Great;" and the ~:>ystem of laws that established it, and two blades of grass grow where one blade grew before; the real are part of our inheritance, have preserved more of civil and religious architects of a country's wenlth, whose. industry is the sourceof those liberty upon the earth than any other human code. . It subdivides virtues that make and keep a n'1tion strong. power, and t-eaches men to oppose its concentration. On the peninsula bounded by the Chesapeake and Delaware Bays Mr. President, how shall we shape our course :tin..'tncially to let it I know that fal·ming is very unremunerative, and but for the fruit rest firmly upon the broad principles that I have endeavored to state culture the condition would be deplorable. Yet we have a fair soil, and to define Y It is not for me to propose a specific plan for the re a temperate climate, and a population equal in skill and industry to sumption of specie payment. It would be highly presumptuous in a any in the Union. . member of a weak minority in this body to be thus a-ssuming thB Lately, a substantial, experienced, intelligent farmer in Delaware functions and the duties of the :financial bead of the Government. oxpre ed to me in strong terms his inability to farm at a profit, and I can but promise an honest criticism and a hearty support to any sn,id our farmers would not be able to compete with those of the West measure which I believe will even tend to place us once more on the until the latter were obliged to buy fertilizers for their lands. Ire firm ground of specie payments. But I will say what I believe can minded him that in Delaware farmers had the mn.rket of New York be practically accomplished, always premising that a rigid economy almost at their doors, and that five cents per bushel was the margin in all departments of governmental expenditure should accompany between the New York Corn Exchange and our purchasing depots; the experiment; that the enormous and superfluous body of Govern that the enormous cost of transportation from the West tooK. all the ment employes should be reduced, and good behavior in subordinate western farmer's profit; that when we in Delaware sold corn at sev officials ma-de the sole condition of their official tenure. enty cents, the illinois farmers burned theirs for fuel. In the first place, I believe that great advantage would accrue at I mention this merely to show how universal is the cry of distress once to the people and to the Government by divorcing the bankinO' sent fort-h by agriculture in every section of the country. I say noth- system of the country from t he United Stn.tes Treasury Department. 976 CONGRESSIONAL RECORD. JANUARY 28, Their mutual dependence is unwholesome, and the experience of the by the then Comptroller of the Currency, Mr. Hulburd, in 1 69, that I last fall ha-s shown that it forms no safeguard against panic or against shall cite it as conveying, in better terms than I can command, my own the results of :financial disturbance, but, on the contrary, that it serves views upon that subject: rather to increase them. No human intelligence can fix the amount of currency that is really needed, for it Jn 1873, in the month of February, we had a debate upon a bill is continually varying, and is never fixed. If Congre s "limits the amount there will from the Committee on Finance, the passage of which I favored, pro always be those who will be dissatis:fied, and who will seek legislation, either for viding for the circulation and redemption of United States bonds, the purpos of contraction or expansion ; and so long as the volume of cun·ency depends upon legislative enactment, uncertainty and mstability will pervade all and looking to the restoration of specie payments. A remark fell financial operations. from the honorable chairman of that committee [J\.fr. SHERMA..t.~] in If, howeyer, notes for circulation are issued by a banking association composed of reg.1rd to the power vested by this system, and by our permis ion of bu~iness men and capitalist , who are obliged to furnish security for the prompt 1:1w, in the Secretary of the Treasury. It was in reply to a question and easy conver ion of their issues into coin on demand, no other limit to the amount of such notes need be fixed than that impo ed by self-interest. If there is a legiti from the honorable Senator from Missouri, ·[Mr. ScHURZ,] in regard mate demand for currency, the notes will remain in circulation long enough to"ma,ke to the power of the Trea ury to accumulate green backs and control their is ue profitable. If there is not such a demand the notes wil.[be hurried home the money market of the United States. In describing the powers of for conver 1on into coin. In this way the business demand for currency will get the Secretary of the Treasury, the chairman of the Committee on its supply and the surplus, if any, WI'il always be retired. .A. self-adjustin~ system of currency is the only one that is adapted to the exi"cn Finance used this language : cies of trade and t.o the wants of the country; and it is a vital question at this time He may hold the gold and accumulate it. lie may sell the gold and accumulate whether this result can be reached before the return of specie payments. tho currency. He may in th<~>t way destroy the business intor01 ts of the country, aud this bill will not change it in the sli~~test degree. Indeed, all om laws relating Now, sir, I desire to see, by the most direct and practical route, a tn the Treasury depend upon the fidelity and mtegrity of the Secretary of the Troa.sury. If it is to be presumed that he will do anything harsh or improper. to return to specie payments. I do not believe that it is in the wit of promote" his own interests, or political interests, or any other, then, as a matter of man or the wisdom of Congress to fix a rigid amount of currency for cour. e, necessarily, he has the power to do it. the use of this people; and I do not believe that a self-adjllSting sys T~en I interposed: tem can be arranged in connection with our present system of national May I ask the honorable Senator from Ohio, in the face of such an admission as banking. that to the Senate, whether we can be too quick in placing the Secretary of the To this end, and for economy to the people, I would gradually call Treasury under the limitations of la.w, for I think it is a. terrible power that the into the Trea-sury and cancel and convert the national b:.tnking cur ocrotary of the Treasury shall have the welfare and t,he business of the country rency into United States Treasury notes. The $336,000,000 national subject to his displeasure and sub.Ject to his caprice 1 If he has the power to make or break the busmess interests of this country, then I would say t.o the people of bank notes to-day constitute a forced loan upon the people at a this country\ the sooner they put limitations npon him the better it will be for their cost to them of 25,000,000 annually, which, in my opinion, had bet safety and his own. ter be paid into the Treasury and thereby that amount of taxation My friend from Ohio proceeded to answer by the exceedingly hand be spared to the people. I propose that the national-bank currency some proposition that if I would sit down with him for five minutes he should be replaced, as fast as it is called in and destroyed, by Unitctl would be very glad to have me join him. As I said at that time, there States Treasury demand notes, in order that there should be a, unifi was an embarrassing amount of power awarded to me, which I wtLs cation of the currency and tb.e advantage to the people of a loan to not accu tomed to. At the same time I will only say that I shall be themselves, of the interest upon which, if any were paid, they them very glad to exercise my in~enuity, with the aid of the great abilities selves would get the advantage. of my friend from Ohio, to oring the people of this country and their Wo therefore would have, in the first place, the unification of the fillances to a condition when the Secretary of the Treasury shall know currency, and the people would have the benefit in the shape of in that he is the creature of law, and that he has no power except that terest of the forced loan of paper currency, which would all accrue to which law gives him, and that if he breaks the law be shall be amena the public Treasury. ble to the law at the hour of justice as much as the humblest citizen At the same time I would have a system of gradual and steady of the United States. contraction looking to a resumption of specie payment ; and as to J\.fr. SHERMAN. I want to ask my friend from Delaware this ques the date of that, it is not so important. The question is to make tion: Whether in a time of surplus revenue, when the Secretary of the the proper step, a step in the right direction, no matter how short Tr asury was not pre ed as he is now, there is any doubt about the that step may be, and then take no step backwa'rd. It would be power of the Secretary of the Trea-sury to accumulate the surplus cur comparatively unimportant whether demand notes of the Treasury I'ency that comes into the Treasury Y Instead of applying it to the should be issued in lieu of this national-bank cuiTency, or that notes purchase of bonds, might he not accumulate it in the Treasury, to the payable in coin in three or five years without interest, or with some embarrassment of busmess Y I ask whether that power is taken from small rate of interest which would not deprive them of their capa him by e:my act Y bility for use as currency in periods of pressure and necessity. Ac Ur. BAYARD. Tbat is a very long question, and not to be an company this by a law directing the fundin~ of the United States swered in a breath. If my friend will permit me, I will continue currency in bonds at par, a regulated amount m every month, so that the thread of my argument, however wea.k, and try at some time by the time stated for the resumption of specie payments there should hereafter to a sist him in coming to a practical"answer to his ques have been such a reduction in the volume of the currency as would tion. He cannot, howe er, deny the truth of the saying of Lord make the coin by that time accumulated in the Treasury an ample Camd'eu, "The discretion of the judge is the law 'Of tyrants." The reserve to re pond to all demands upon it for conversion. cliscretion -of a Secretary is no protection to the liberties of a fretl Let it not bo said that this would be unjust to the national banks. people. Nothing is further from my mind than tha,t injustice should be prac Mr. President, there has been throughout this discussion constant ticecl toward them. But I do not forget that the system was the reference to and comparison with the Bank of England and the finan compulsory crea,tion of war; that they were forced to give up better cial management of that country with our own. The Ba.nkof England charters in order to become subscribers to the nationalloans. I have is a groat machine of finance, governed with great wisdom, controlled nothin$ to say about the policy or rightfulness of the measure, but by men having the deepest interest in its results, and of the largest when .1 speak of it as a war measure and a-s a compulsory measure, I practical experience. I believe that we may learn much from thefinan describe it precisely according to the tr-u.th. I desire no interference cial history of England, or of a,ny other nation; but I do not think with the present banks. I desire no recall of their charters; and no a parallel can be jllStly drawn between the operations of the finances injustice would be done. The Unitecl States bonds which they hold of England, especially under uch a concentration of power as exists and which were made the basis of their circulation are greater in in the Bank of England, the representative of an imperial system, value than when they purchased them. l<"'rom the date of their pur and the banking system in a country like our own, which is not a chase they have received 6 per cent. in gold upon the full amount, consolidated empire, but which is a Union of independent and sover and they have likewise enjoyed the interest upon the currency that eign States. Conveniences, as we all admit, result from a concentra was handed to them for the purpose of discmmting the notes of the tion of executive power. Every man feels that there are impediments people. There would, then, be no injustice, because they would be to convenience in those very checks that keep us free. We must give left with their capital not only unimpaired but increased in value, up some of the advantages of one form of government in order to which can well become the basis of their banking operations nnder secure the greater advantages of another. Theirs is a monarchy and any other system which may be devised. a government of consolidated ancl imperial power. Ours is no such Mr. President, there must be something radically defective in the thingj and may the day be long distant before a,ttempts to make it so banking system when such a panic as we witnes ed in September shall oe successful. last could have occurred. We have had suspensions of specie pay In the first pla{}e, can there by the wit of man be an amount of ments before; we have had panics before; we have had runs upon currency fixed which' shall under all circumstances be sufficient for banks before ; but no man in this country ever before saw the entire the purpose of the business of the country 'J It is admitted that you system of banks through the co-qntry not only suspendin~ payment may fix an amount. If it be too great, it is redundant, and will inflate of specie, or that which wa.s the basis of their own circ~ation, but prices, and disaster will follow. If you make it too scant, you will suspending even promises to pay, suspending payment of even paper produce a contraction that will embarrass the natural operations of currency of any value, and depriving the people suddenly of tha.t cir trade. There must be somewhere what is termed, to use a latter-day cUlating medium which is essential for the convenience and business phrase, elasticity. I believe that is the fa vorlte phrase of the ho.norable of mankind. This was, in my opinion, because the banking sys Senator who now occupies the chair, [~fr. FERRY, of Michigan ] and tem and the Treasury of the United States were bound together; the I suppose it to mean, divested of its mysteries, something which shall reserves of the Treasury and the reserves of the banks constituted iri be able to meet an exceptioll.'11 strain upon the finances. There has fact but a single reserve. Touch that at any point, alarm that in any beon so much of good sense on that subject expressed in a report made quarter, and tho alarm spreads through aJJ., anu the consequences 1 ' 1874. CONGRESSIONAL RECORD. 977 SJ1re3>(1 through all. It w , on the whole, an illustration of the folly There a.re approximations, but there are no precise equivalents, 1mless, . of violating that homely adage which advi es that all the eggs should perhaps, our trade-dollar or some similar coin to that, which was lately not be put in a single basket. coined as an experiment and for special pnrpo ·es. It seems to me to be the part of wisdom to l~>ave the banking sys We have affirmed the wisdom of the policy of creating a money tem in this country free, and let the laws of the several States revive that shall only have local credit by deliberately deba ing the silver the charters of the old bn.nks, and grant new charters to those who coin of the United States with the avowed purpose of restricting its desire them. Free banking was a feature in most of the State of circulation to the United States. Why did we debas~ our silver this Union. A liberal grant of charters to all respectable persons money Y To keep it here among our people. This is a historical was the universal feature in this Union. There was no trouble upon fact, and it is the avowal of a ensiule principle. that score; and, as I said before, all this property of United States I would give to the people of any locality the right upon their own bonds, of greenback , of gold, of any shape of the public debt, forms credit, and subject to the great overruling law of the Constitution, a perfectly useful and available basis for banking in. any part of t.he which forbids any State to make anything a legal tender for debts United States, perhaps more convenient, perhaps more desirable, than but gold and silver, and therefore prescribes that no paper money any we ever had before for the especial purpose. shall be issued by a State or under State authority which shall not I do not doubt that the United States currency. when convertible be convertible at will into gold and silver coin of the United States- into coin, will be preferred to coin. Every man knows it to be so. subject to such restriction, subject to such right of convertibility, I No man would encumber himself with the weight and the awkward do hope to see the time when the people of the various States of this ne s of coined money when he could take t.be token which would Union, exercising the great right of local self-government, . hall be insure its presence on demand and carry it in the smallest compass. enabled once more to have such currency as will command credit and As a measure to accompany all this, there should be a repeal of respect at home, and which they will not be inconvenienced by losing the tax upon State-bank issues. Is it to be said there is fear of ex by absorption by the great money centers at the very moment when ce ive issues? On that subject I will call the attention of the Senate it most is needed at home. to our history on this subject. Before the war we had no United States What is there inconsistent between the presence of the notes of currency. All the paper currency of the country was the issues of the United States convertible into coin and the notes of the States our State banks. They regulated their reserves, they regulated their convertible into coin, floating side by side in the same community, of is ues of paper, upon the bn. is of what Mr. Hulburd properly calls equal value because either can be converted at a moment's call; the " elf-preservation." What did it amount tot In 18Gl ihe circula United States note with its lar~er range of circulation, the State note tion of paper money throughout this Union amounted to $202,000,000. with its restrained range of Circulation Y Where is the confusion f From 1854 up to 1861 there wa au average but little, if at all, in ex Where is the awkwardness Y Where is the impolicy f Where is the cess of that amount. Yet what was to prevent an excessive issue? absence of any principle As I said before, you have the history of No law; no inspector running down to examine the accounts of" the the world in its coinage; you have the special example of the United banks; no officer justified in opening safes and examining any book States in this silver coinage of purposely debasing or decreasing the or entry which might there be made. No, sir; it wn.s the wise law of value of their coin money to keep the coins at home where they are s~lf-preservation, regulated by the power of local self-government in needed, and convenient for the purposes of the people. the States, that restra,ined a.nd punished any abuse. If there was Sir, we are not without experience as to these conveniences, ·and safety then, and if in the seventy glorious years of the history of this there never was a time when such a convenience would answer so country that preceded 1861 there Wfl.B no abuse, you n.re not to pre many useful purposes a-s now. We cannot fix a rigid amount and Tnise and presume ·that it would occur now. volume of United States currency. It cannot be done for safety, and This country has increa.sed in population, I believe, in the last dec for reasons which I have endeavored to set forth. There must be ade about 25 per cent. Granting the fat;t that 25 per cent. addi some source of supply of currency in times of need. Where can that tional population needs a 25 per cent. addition of currency, you would be so safely trusted as to the people of the States and of each com still have but $50,000,000 added to the 202,000,000, and we have to munity, where they may exercise this essential power of local self day in this country, or would have were the national-bank issue government, in regard to a matter which touches immediately their recalled, a paper issue of 356,000,000 in United States notes. If own interests, and the errors of which their own self-interest will in that be not sufficient, look to the States; look to the self-governing struct them how to cure' sen e of the people; look to the dictates of the law of self-preserva :Mr. President, there has been created by the late war a brood of tion of the people, at the proper time and in the proper way to make capitalists, and, still morethan bythewar, bythe system of irredeem tho e issues which shall give the so much desired elasticity that my able paper money, a brood of capitalists, who sit in the great money friend from Michigan [Mr. FERRY] seeks. They gava it before; they centers, like pirat.es on a high rock waiting for a sail. When we can give it again; and I will presently show-there is no fear of in shall have reached convertibility of our currency into gold and ilver compatibility, of inconsistency, or of cln bin~ be10--vcen t he paper money coin, when we shall have given b!lck to the States this right of regu of the State b:mks and the paper money of the United States Treas lating a currency adapted to their local necessities, and remitted to ury. them those powers of local self-government which ought never to But, Mr. President, may I stop here for one moment to confute what have been interfered with; when that time comes, the occupation of I think is a gross error, that because the business interests of the these gentry who make corners upon the Trea-sury, who embarrass country a.re enormously increased in scale, therefore, pa1·i pa.sslt, the the banks, who assail legitimate tradeTS, will begone. So long a-s the paper money of the country must increasel Why, sir, what has in national Trea-sury and the national banks hang upon the same thread, creased the business of the country¥ The developments of the power in which the reports of the Treasury, being public, can be known; in of team, the developments of the power of electricity, the invention which the reportsoftheconditionof thenationalbankscanbeknown ; o.f the system, for it is of comparatively modern date, of clearing so long as that exists will these vast speculators have the knowledge houses, of settling balances by balances. Therefore, if there should and the data by which they can arra.ngc in times of want and emer- ' be, which I deny entirely, any p::trity of reasoning between the pro gency to corner the Government itself, the banks themselves, the cit portion of increa ·e of currency and the amount of business trans izens, and so force the prices of commodities up or down according acted, I answer that these v~ry discoveries of modern times have made to their own plans. But let the State system be restored; let us have the facility for exchange so much greater that in truth and effect a the currency of the United States Government convertible into coin; much less amount of currency can conduct a larger amount of bu~i let us have that to the exterrt, I say, even of four hundred or five ness than it could have done before the discovery of steam and hundred millions of dollars, (and I venture to fix no amount, but sim electricity and the machinery of clearing-houses. Of all the enor ply would say tha~ any deficiency can be made up by the State issues mous balances transferred in the clearing-houses of Lonclon, so m:1ny for local pmposes,) and there will be no knowledge-ap.d there will times in excess of any sums known in. t.b..is country, 98 per cent. of all be no means of knowledge- for such speculation to upset the honest that is cleared is not represented by a farthing of coin or a paper business of the country. It will cease. There will be no possibility note; it is all upon the system of acljusting balances through the of favoritism in the Treasury D partment; there will be no knowl means of exchanges. The cry, therefore, that because the country edge of any kind to give one man, as they term it, "the inside track" has increased in population and increased in the scale of its business over another, and the opportunity and possibility of making these oper:.l.tions, currency must l'ise to an equal magnit-ude with the latter, va.st changes and produJing these shocking ancl disgraceful results I tllink is entirely unfounded and entirely without reason. which we have seen, such as the "DL'lck Friday" of 1869, and the Now, Mr. President, what are the benefits to the people of a local like, which will become things of the past, no longer possibilities in ized currency? By giving that currency only a local credit yon the history of our finance. de ignedly restrict its cu:culation to the -point where it was issued And furthermore, then the capital which is now so illegitimtttely and at which it wa-s intended to be used. "\Vhatis there objectionable used for these pernicious practices will be compelled to seek more in that Y Is there anything in principleY I answer distinctly, no. honest channels, aud the legitimate business o.f the country will The coinage of every nation on God's earth isba ed on the principle be relieved from this unequal competition for money. What h~s of making that coin most useful in the country where it is issued. distressed your farmer; what has distressed y<'nr manufacturer; There is not a nation of the world an exception to that fact. They what to-day makes the South so poor that she needs money for the st...'l.mp the coin with the insignia of their own government. They ordinary affairs of life, and cannot borrow it even upon a fair secu subdivide it in amounts suitable to their own currency and their own rity It is because the llonest business of this cOlmtry has been out popula.tion, and t.o that extent they discourage its floating off to other bid by the dishonest business of the country; it is because your spec nations. There is scarcely a coin that will pass current for its nom ulators in railways- chimerical, false, unfounded, and unsafe as they inal :md ascertained value by the law of its country in another were-have gone on and paid r ates for money tlln,t destToyerl the country for tlle same amount. I do not think one can be nametl. legitima.te and llonest busine s of tho countrv. That is the histmy G2 978 ~, 'CONGRESSIONAL RECORD. J ANUARY 28, of it ; and I want to see an end of such things. W?en this com Mr. President, I will read from the Congre sional Globe of March petition is destroyed, then mon~y can be borrowed OJ?- ~au te~ms; then 15, 1865. There I find, when the di tingui bed Senator wa an lwn the busine s of the country will come l>ack to legitimate channels, or <1. member of the other Honse, a resolution introduced by his col and speculation upon th~ credit of the Government and upon the league, 1\Ir. Alley, in the e words : "\V43lfare of communities will no longer l>e either pr:10tical>le or repu Resolued, That thi House cordially concirrs in the views of the Secretary of table, because a better and a higher tone will pervade the community, the Treasury in r elation to the necessity of a contraction of the currency, with a viow to a early a resumption of specie payments as the business interests of and people will call men uy their right names. A man who succeeds the country will ;permit; and we hereby pledge co-operative action to this encl as in comerinO' gold and in locking up specie will not be called a suc speedily a.s practicable. cessful or~ unsuccessful operator; but he will be ca,lled what he is, a public swindler. On this I find a yea and nay vote, and among the 144 yeas "GEORGE :Mr. President, I do not feel it necessary for me to fix precise da.tes S. BouTWELL," with only G nn,ys. A capital record tl.tat. when this may be accomplished. I will not say tha,t it can be fully I now turn to the first report made by the Secretary of the Treasury accomplished in the next two years. I believe that I h:we fairly in 1869. In that report he goes on to say : The final distribution of the fift:v-four millions will still leave a. deficieney of SWAl\IP LANDS IN HOLT CO~TY, ?I:USSOURI. forty millions in different States of tho Union, which will require to be filled before the proportion among the several States will be equaJized upon the basis of wealth l\fr. DUNNELL. I ask unanimous consent to report from the Com and population. mittee on the Public Lands, for immediateconsideration,a bill which Now let me call the attention of my friend from Vermont to a pro will not occupy any time. · · vision in the act of 1870 which had the effect to put off any attempt Mr. GARFIELD. If it will not cause any discussion I shall not to take this $25,000,000 :hom the States in excess and give it to the object; otherwise I must. States in deficiency : Mr. DUNNELL. The bill is the bill (H. R. No. 320) granting certain swamp lands in Holt County, :Missouri, to said .IIolt County, for school That no circulation shall be withdrawn under the provisions of this section until after the $54,000,000 granted by the first section shall have been taken up. pm·poses. The SPEAKER. The bill will be read. What was the effect of thatf That until the last Southern State Mr. RANDALL. It is not necessa.ry to read the bill. To save time had taken the share allotted to her, all the ot.her States must wait for I make the point, that under the rule it must go to the Committee of the distribution of these $25,000,000. Some of the Southern States the Whole. were in bad condition. They are now recovering rapidly. 'The effect 1\Ir. DUNN,ELL. I hope the gentleman from Pennsylvania [Mr. of that proviso was to put off the distribution of the $25,000 000 until RANDALL] will withdraw ills o_bjection. There are particular reasons t-he la-st State in the South had taken her share of the $54,000,000. So why the bill should be acted on at once. we have been put off for four years in that way. Mr. RANDALL. It we have rules, we may as well live up to them. Now, go on. What is the provision in the law in regard to the dis This bill appropriates land, and under the rule goes to t,he Committee tribution of the twenty-five millions 'I First, when the requirement of the Whole. is made by the _Secretary of the Treasury, the banks in the Eastern, The SPEAKER. The bill will be so referred. States that have to yield up their currency have one year to do it in, that, is, to call in their bills, so that they may be canceled and new CLERICAL FORCE IN LA...'IU) OFFICES. bills issued to banks in the South and West. So, if the Secretary of Mr. TOWNSEND, by unanimous consent, reported back from the the 'Treasury were to make that call now, the banks would h ave one Committee on the Public Lands a letter from the Commissioner of the year within which to .comply; but, notoriously, the banks cannot General Land Office concerning the rem·ganization of the clerical force comply with it in one year, nor can they comply with it in two years ·of the General L and Office; which was ordered ta be printed. andre h arilly in five years. It cannot be exccu ted, and I can show my friend committed. why it cannot be executed; and to do that I will refer. him now to ENROLLED BILLS SIGNED. tl.Je la t report of the Comptroller of the Currency. Mr. DA.RRALL, from the Committee on Enrolled. Bills, report-ed When tho banks that have the excess attempt to call in their bills, that the committee hatl examined and found truly enrolled bills of how are they to do it V They can only call them in by offering a the following titles; when the Speaker signed the same : iarge premium for their bills. They are all over the United States. An act (H. R. No.1231) to abolish the office of deputy commissione-r They might offer an equal amount of greenbacks; but the law does of internal revenue; and . not provide for that. 'They are to retire their own bills. They can An act (H. R. No. 1382) authorizing coinage to be executed at the not get them unless they offer a premium for them. They will not mints of the United States for foreign countri~. do that. What, then, is the Comptroller to do He is to take an amount of bonds equaJ. to the bills that they are called upon to re COMMERCIAL RELATIONS. tire, but have not, and sell the .bonds, and then with the proceeds of The SPEAKER, by unanimous consent, laid before the House a the b~nds he himself is to retire their bills; and how is he to ge~ communication from the Secretary of State, transmitti11g, in compli- .. .. 982 CONGRESSIONAL RECORD. JANUARY 28, ance with acts of Auciust 16, 1842, and August 18, 1855, a report upon \Ve feel that perhaps good faith reqnires we should give this time. I t.hc commercial relations of the Uniteu States wilih foreign conntries, uow give notice, if the bill be recommitted, we sl.Jall give reasonable for the year ending September :10, 1873; which was refo.rrcu to the time for-bearing l111Y party who may desire to be l.JearJ, befo1·e action Committee on Commerce. is taken bv the committee. Mr. RANDALL. Will the gentleman from Ohio allow me to a.sk him ASSISTANT TREASURER AT NEW YORK. a question! The SPE~R also, by unanimous consent, laid before the Honse Mr. GARFIELD. Certainly. a communication from the Secretary of the Treasury, 1;ransmitting a Ir. RAl~DALL. I sh011ld like to hear, from the gentleman who draught of a bill for the relief of tho assistant treasurer of the Uniteu reported this bill from the Committee on Appropriations, how many States at New York City; which was referreu to the Committee on buililintis there are, and where locateu, which will be affected by the Ways and 1\fe.:Lns, and ordered to be printed. pas age of thl proposition, and also the amount of money' which it will cover back into the Treasury. ORDER OF BUS~SS. Mr. NEGLEY. And there are other questions which I would like Mr. GARFIELD. I call for the regular order. to have the gentleman answer. The SPEAKER. The morning hour now begins :1t fifteen minutes 1\Ir. PLATT, of Virginia. If the gentleman's motion is debatable after twelve o'clock. Reports are in order from the Committ-ee on I would like to make a st::ttement. I have in my h:1nd information Appropriations. which will be a fnll :1nswer to the question of the gentleman from ESTIMATES, APPROPRIATIO~S, AND PUBLIC ACCOID\"'TS. Pennsylvania. If tho bill be ref,_,rred to the Committee on Public . Mr. GARFIELD. I am in tructed by the Committee on Appropri Buil lluilclings and Grounds, to which I a-sk the attention of the Honse. In So (the affirmative being more than one-fifth of those present) the this motion I repr ent anrl am acting under the instructions of the yeas and nays were ordered. Committee on Public Buildings and Grounds; anti I think no gentle Ir. HALE, of laine. I rise to make a parliamentary inquiry. As m;;m in this House can examine the bill reported by the chairman of the I lmderstand, the yeas and nays are orrlered on the amendment of the Committee on Appropriations, and compare it with the rnles of the gentleman from Virginia. If that is voted down and also the motion lion e of Representatives, and come to any other conclusion than that of the gentleman from Ohio, will the bill then come up fo1· passage which I state, that the proper place for the examinati nand considera The SPEAKER. It will come up for whatever action the House tion of this question is the Committee on Public Buildings and Grounds, chooses- t be laid on the table, to be engro sed and read a third time, and not the Committee on Appropriations. Everything entering into or for whatever other action the House may choo e. the propriety of stopping the construction of work on public build Mr. NEGLEY. But if referred to the Committee on Public Build ings belongs to that committee; and although we may agree in the ings and Grounds, that is the end of it [Laughter.] conclusion reached, nevertheless, under the rules of the House of Rep The SPEAKER. The Chair c:mnot answer that question. If the resentatives, these cluties are imposed upon the Committee on Public bill is referred to the Committee on Public Buildings and Grounds, it Buildings and Grounds, and not upon the Committee on Appropria will go there. tions. The question was taken; and there were- yeas 167, nays 76, not Now, in reference to the motion which ha-s been made by the gen voting 45; as follows : tleman from Ohio to recommit this bill to the Committee on Appro YEAS-Me srs. Albright, Archer, Arthur, Ashe, Atkins, Ban:Wu~, Barnum, Ba.r priations, I desiTe the House to understand exactly what it means. r ere,Bass, Beck, Bell, Berry, Biery_, Bland, Blount, Bowen, Bradley, Bngh t, Brom l.lerg, This bill proposes to stop expenditures upon two classes of buildings. Brown, Buckner, Buffinton, Bunny, Burleigh, Burrow , Benjamin F. Butler Cain, Caldwell, Amos Cla.rk,jr., John B. Cbrk,jr., Clayton, Clements, StephenA.Cobb,~,.Co It is not proposed here to make appropriation for public work or pub mingo, Conger, Corwin, Crittenden, Crooke, Crossland, Crounse, Crutchfield, \,;ur lic buildings- no new legislation in that r~~ard is asked for, but to tis, Darrall, Alexander M. Davis, John J . Davis, Dunnell, Durham, Eames, Eden, stop the further construction of public buildings which have been Elliott, Farwell, Field, Freem.1.u, Giddings, Glover, Gooch, Hancock, Harmer, already ordered by Congress, and then to cover back into the Treasury Benjamin W . Harris, Henry R. Harris, John T. Ha.rris, Harrison, Hatcher, Havens, JQseph R . Hawley, Hays, John W. Hazelton, Herefortl, Herntlon, H ersey Hooper. all money which h::tS been appropriated for the construction of these Hoskins, Houghton, Hunton, Hurlbnt, Hynes, Kelley, Kello~g, Knap11, Lamison, builtlings. L amport, Leach, Lowe, Lowndes, Luttrell, Lynch, Martin, lliJ.!Iarcl,.Alexander S. The buildings comprised in the first class include, first, the building McDill, James W. McDill, MacDougJJl, Mote:t.n, Milliken, Mills, Morey, Myers, at .Albany, New York, for which there is available 247,233, already Negley, Nesmith, Nunn, O'Brien, O'Neill, Orr, Paok.'l.I'd, Page, Pelha.m, Pendlet.on, Perrv, Pieroe1 James H. Platt, jr., Pratt, Pnrman, Rainev, Ran ier, Rapier, Ray, appropriated. The other buildings comprised in the first cbss are at ReaJ, Rice, Rwhmond, r..obbins Ellis H . Rober~, James C. Robinson, Milton Say Atlanta, Georgia-; Covington, Kentucky; Dover, Delaware; Evans ler, John G. ohumaker, Isaac W. Scudder, Sener, Se sions, Shank . Sheats, Shel ville, Indiana; Fall River, Massa.chusetts; Grand Rapids, Michigan; don, Sherwood Slo s, Small, George L . Smith, William A. Smith, Snyder, Sprague, Stanard, Sta.ndeford, St.aphens, St. John, Stone, Strait, trawbri(4re, ::;ypher, Taylor, Jersey City, New Jersey; Little Rock, Arkansas; Memphis, Tennes Thornburgh, Townsentl, Vance, Waddell, Waldron, Wallace, Walls, Jasper D. see; Nashville, Tenne see; San Francisco, California; and Utica, Ward, Marcus L. Ward, Wells, White, Whitehead, Whiteley, Wilber, John M.S. New York. These are comprised in the :fi.Tst clause M buildings not WilliaJllS, William Williams, William B. Williams, Willie, Jame Wilson, Wolfe, yot commenced, and the whole amount that will be turned into the Woodworth, and Pierce M. B. Young-167. NAYS- Messrs. Barber, Burchard, Cannon. Cessna; Clymer, Cobnrn Cook, Cox, Treasury, should this become law, will be $1,270,000. Danford Dawes, Donnan, Duell, Eldredue Fort Fo ter, Frye, Garfield,1 Gunckel,. The second class comprises the following buildings : At Boston, Eugene Rale, RobertS. Hale, Ha.miltou, :fob; B. 'fG.wley Gerry W. Hazelton, Hen Massachusetts ; Chicago, Illinois; Cincinnati, Ohio; Columbia, South dee, E. Rockwood Hoar, George F. Hoar, Holman, Hubbcll, Hunter, Hyde, Jewett, Carolina; Hartford, Connecticut; Lincoln, NebrMka; Philadelphia, Killinger, Lamar, Lawrence, Lawson, Loughridge, Magee, MarShaii, McCrary, Mo:Nnlta, Merrllim, Mitchell, Mouroe, Moore,_Neal, Orth, Hosea. W. Parker, Isaac Pennsylvania; Port Huron, Michigan; Parkersburgh, West Virginia; C. Parker, Phelps, Thomas C. Platt, Poland .!:'otter, Randall, William R. Robert , Rockland, Maine; Raleigh, North Carolina; San Francisco, California; Jlliiles W. Robinson, Rusk, H enry B. Sayler, Scofield, Lazarus D. hoemaker, Smart, Saint Louis, l\fissouri; and Trenton, New Jersey. A. H err Smith, H. Boardman Smith, John Q. Smith, Southard, Speer, Swann, 'l'yner, Now, sir, I submit to this House that matters affecting the con Wheeler, Whitehouse, Whitthorne, Charles W. Willard, George Willard, Charles G. Williams, Jeremiah M. Wilson, Woo:l, and Woodford- 76. · struction of these buildings and the propriety of stopping the work NOT VOTIXG-Messrs. Ada.ms, Albert, Averill, Barry, Begole, Roderick R. upon them belong properly for consideration to the Committee on Butler, Ca on, Freeman Clarke, ClintonL. Cobb, Cotton, Creamer, Crooker, DeWitt, Public Buildings and Grounds. And I assert, sir, that there is noth Dobbins, Hagans, Hathorn, Howe, Kasson, Kenda.Il, Lansing, Lewis, Lofland, ing in the rules of the House, and nothing in the law, that can even McJunkin\ McKee, Mellish, Morrison, Niblack, Niles, Packer, Parson~ Phillips, Pike, RawlS, Ross, Sawyer, Henry J. Scudder, J. Ambler Smith, StarKWeather, bo remotely construed so as to carry this to the Committ.ee on Appro Storm, Stowell, Thomas, Toad, Tremain,EphraimK.Wilson,andJohnD. Young-45. priations. I ask the House to consider the question, and examine So the amendment was agTeed to. the rules, and to send the bill where it properly belongs for con~:~ider During the roll-call, ation. I insist on my motion to amend the motion made by the gen 1\Ir. CLYMER said: 1\!y colleague, 1\!r. STORr, is necessarily absent; tleman from Ohio, [l\1r. GARFIELD,] so as to refer the bill to the Com had he been present he would have voted "no." mitt-ee on Public Buildings and Grounds. Mr. 1\IcDILL, of Iowa. I de ire to announce that my colleague, Mr. GARFIELD. I wish simply to remark, that the committee does [l\lr. KAssox,] is detained from the Hou e byillness. not propose to stop, by this bill, any buil greater portion of the burdensome ta.xation imposed by the war, led and Indian con!ltry, who can be di charged when the necessity for tiJ e people to believe, with rea on, that their long-fettered energies their services shall cease, or at the discretion of the depu.rtmcut com and industries were at length unloosed and the country once more mander. The efficient and valuable service of these Indian scouts was placed upon the sum road to permanent prosperity. The sudden dissi- fully demon ·trated in the late :Modoc war. · This system is every wn,y p:otiou of these hopes surprises and disheartens them, a,nd all the more economical than the one now pursued, both as to period of enlist more, as they are now suffering from severe monetary demngements mont and saving of transportation of men; and more efficient as pit and the great reduction of va,lues ever, in time, insepamble from an tin_g against the Sioux men thoroughly skilled in the peculiar modes in1la.ted paper currency. . of Indian warfare. 'l'he people are 110w illy a,ble a.nd illy disposed to bear burdens not The committee fully a.ppreciate the danger a,ud tendency, in times demanded by palpable, immediate, press~g necessity. They demand like these, of legisbting toward the extreme of economy, but carefnl of us to practice here the economy to wh1ch they are forced, and to eX!1Illination aiHl reflection have sa,tis:fied them that this measme is bend to the nece sity which overpowers them. entirely prndent and sa,fe. With a proper disposition of troops there We ought now and here to a,ccept ancl leo-islate for the future upon will be no difficulty. It may transfer some men from place of ea e the fact that certain great questions, which have for the past few to the hardships of frontier duty, but they must accept this as one of years overshadowed a,ll others, and to which, for the time, all the contingencies of their calling. others were justly subordinated, have been substantially settled. In One prominent fact in this connection I desire to impre s upon the a certain sense we are called upon to take, in legislation, what our committee. Durinrr the last summer the Government, with a total democratic friends style a "new departure." The quest ions of enlisted force of eig'hteen htmdred men less than now, was able to SEmel slavery, of the integrity of the Union, of reconstruction, and the like, off for the entire summer ten companies of the Seventh Cavalry; ten are hereafter to live mostly, if not wholly, in the memory, soon, we of the Eighth and Ninthi!!}'a,utry; three of the Seventeenth Infantry; trust, to be era ed even from its t.a.blet, in the closer, more cordial one of the Sixth Infantry, and :five of the Twenty-second Infantry, fmternity, tho better civilization, the general prosperity and high with a force of Indian scouts, aggregating over :fifteen hundred men, advancement in everything which exalts and refines a nation, for with all the paraphernalia, of wa,r, as an escort to a small smveying all which, with wise and just government to foster and aid, the costly party on the line of the Northern Pacific Railroad, from the Missouri experience of the last few years has laid tho sure foundation. to and beyond the Yellowstone River. This army marched over seven With the adjustment of old difficulties comes the era of peace, leav- hundred miles from any white settlements, and for the time being was ing the people free for the pUTsuit of avocations which respect their withdrawn from their protection. What settJement was mole ted in material interests. He is a poor statesman who imagines for a moment its absence Y No one would think in these times of furni hiuO' such tha,t the record of the past,howevor brilliant or beneficent, can cover an escort for the Northern Pacific, even had its work not begn su pre::;ent dereliction of duty, or atone for want of fidelity, capacity, pended. These troops can now devote themselves entirely to the pro and adaptation to grapple successfully with the questions which now tection of the settlers, if they shall need it. confi·ont us. No party can or ought to command the confidence and Independen of this Northern Pacific expedition the Government support of the people which is not equal and f:tithful to current duties furnished forces for exploring parties amounting to :five hundred en- and responsibilities, and who e representatives do not demonstrate by listed men. · wise action that they exercisetheirtrnstbroadly, intelligently, effect- Can it be seriously contended that we need more troops now than ively, and honestly in the interest of the whole people. He scans th in the unsettled condition of affairs which immediately followed the political horizon to little purpose who does not discern this sure sign close of the war'? On the 30th day of J une, 1865 the rank and :filo of. · of the times. the Army consisted of 19,507 men, and on the 30th day of J nne, 1 6G, In the preparation of the Army bill the Committee on Appropri- f 25,215 men. What considerations render a la,rger force necessary ations have fully appreciated the responsibility devolved upon them now than then'? to meet the demands of the country for just1 wise, and economic No hazard is run in this diminution of the enlisted force of the e :~:peuditure . The act of last year corresponding with this appropri- Army. .Any emergency of magnitude would convene Congress, which a ted $31,796,008. The original estimates for this bill were ~4, &3 1,6 1 8 . will be in regular session before four months of the next :fiscal year These, under the request of the House, were reduced by the Secretary shall have elapsed, when it can take such action, if any, n.s experience of War to 32,768,716. The Committee on Appropriations have fur- shall have shown to be necessary. ther reduced them by the sum of $4,318,799, so that this bill calls With millions of acres of our best la,uds in ma,rket at merely nomi~ for 28,449,916, which we hope to reduce somewhat by amendments. nal rates, where men may live in perfect security without Ae.:;y Our Army is of necessity expensive. Operating for the most part protection, it is really a debatable question how far the Govermacnt in regions l¥gely distant and approached wi~h diffi_culty from com- ought to go in protecting adventurous men, who push out beyond t ho mercial centers, its expenses a,re, by these considerations, greatly en- bounds of civilization, often for the very purpose of inciting In which prcd.atory claim agents and greedy cormorants work too often I now yield the floor to such gentlemen as may desire to deba.te the :L'1 whose sole bu·iue · it is to examine them1 and whose years of experi the bill, and I would suggest that the gentleman should postpone his ence peculiarly qualify them for their work. question on that particUlar subject until we reach it in the consider Fourth. Thi proce will submit them to the critical examination ation of the bill in detail. and clecision of three persons, and tllen to the ultimate review of Con Mr. COX. Very well; I d southern ol:lims oomrmsswn now claims from States -that were in Mr. WHEELER. I have never con ultecl the Secretary of War on insurrection have precedence Y • the subject. Now, I uo not intend to impute that there is any collusion Mr. WHEELER. I would, with his permission, correct the gentle between claim agents and the clerks in these offices; it is not for me man from Pennsylvania. They h:we no precedence except a-s the to make th:1t charge ;· but I do say that there is mo t broad and papers are prepared. The commission do not take the cases in the a,mple opportunity for it . order of presentation, but of preparation. Everybody knows that it is utterly impossible for the Quartermas ~1r . CLYMER. The statement is made that there are a,lrea,dy some ter-General himself to examine the e claims; that is done almost eighteen t h ousand oases before the commission. wholly by clerks. And I say that, after this lapse of time, when Mr. WHEELE.R. 1\Iore than that. these·new claims come in, they ought to undergo the clo est scrutiny. 1\lr. HEREFORD. Twenty thousand. All will admit that this commission of claims is doing its work fait h 1\lr. CLYMER. Therefore the effect will be to postpone the con fully and admirably well. And, as I have said, if gentlemen will take sideration of the oases transferred until all those oases a,re dis- the pains to make a mathema.tical computation as to the ra~ of prog posed of. • . res made by these respective offices, they will be s:ttisfied that this Mr. WHEELER. I have consulted the commission on the subject, bu iness will be accomplished as speedily, and I say better, by tbe and they say they do not consider claims in the order of presentation, commissioners of claims than by the Quartermaster-General or the but in the order of preparation-that is, n:s the evidence is furnished. Commissary-General. As evidence of the compar:1tive speecl with which claims are dis I will now defer anything further I may lta'?'e to say until we come posed of "Qy the Departments a,nd by the commission, I have a state to the consideration of this bHl by items. I now yield the floor t o ment here which I will submit to the committee. During the last other gentlemen, simply inviting for this bill the broadest possible year this claims commission :finally disposed of twenty-four hundred discussion. and sixty-five claims; during th e last year the Quartermaster-G~m The committee rose informally, and the Speaker resumed the chair, era.l's Department disposed of only nine hundred and sixty-seven to receive a _ claims. MESSAGE FRO:\£ THE SENATE. Mr. CLYMER. I wish to state to the gentleman that claims from A message from the Senate, by Mr. SYMPSON, one of their clerks, in the State of P ennsylvania, have been presented to the Department formed the House that the Senate-l1ad agreed to the amendments of arisin(J'0 from the incursion into our territory of the rebel armies, :1nd the House to the following Senate bill : those claims have been partin.lly heard. The parties have been at A bill ( S. No. 89) in relation to the lines of telegmph connecting the great expense in presenting their cl:lims, and now if the matter is·to Capitol with the various Departments of the Government. be put before a,nother tribuna,l, the commission, will not the work The message further announced that the Senate had pa sed, and re have to be done over again 'I quested the concurrence of the House in, bills of the following titles : Mr. WHEELER. So far as the pa,pers are prepared, a,ccording to A b~ (S. No. 59) granting relief to Eva, Etta, Henry, and Guy Carle the regulations of the departmental officers, they will not have to be ton, children of General J ames H. Carleton, deceased; and prepared anew; they will be taken just in the stage they are. • A bill (S. No. 204) for the relief of Robert Bent and Jack Smith. Mr. TODD. · I desire to ask the gentleman a question. I under sta,nd him to advocate this ·tJ:ansfer on the QTound of ec-onomy. Can ARMY APPROPRIATION BILL. he inform us what is the a,nnua,l cost of 'keeping. up the southern The House resumed the comideration of the Army appropriation bill claims commission f in Committee of the Whole. Mr. WHEELER. I can; the total expenses of t he southern cl::Lims .Mr. ALBRIGHT. l\Ir. Chairm:1n, in times lilce these, when the reve commis ion for the la,st year were $52,!j00. · - nues of the Government have fallen off greatly, and when economy in Mr. TODD. Then I desire to call the attention of the gentleman to all the departments of the national Government-becomes nece ·ary, this point. There are now on the docket of the southern claims com on one-can be more favora,ble to reform and to cutting down expenses mission some seventeen thousand ca-ses which have not been :wted on. than I. And no one can be more anxious to correct evils and abuses D uring the three years that that commission has been investigating that may have crept into the public service than I. · If abu os exist these cases it has disposed of only :five thotlsand ca,ses. a,nywhere, let him who knows the fact point them out, and tho evil Mr. WHEELER. More than that. will be remedied so far as my vote can do it. We owe no higher 1\-Ir. TODD. Very little more; perhaps two hundred more; Ire duty to the country than to initiate a careful scrutiny into ::ill. the cently looked at their printed report. There a,re now on the docket expenses of the Government, and to holU all public officer to a rigid seventeen thousand cases undisposed of; and if I am correctly in accountability for the disbursement of money intrusted to them. formed there are now pending before the Quartermaster-General some The principle is axiomatic that purity and honesty in officinJ. life twelve thousand cases. Now if those twelve thousand cases pending are necessary to secure the perpetuity of natiorL'tl existence. No before the Quartermaster-General be turned over to the southern n ation can long survive and withstand the assaults of corrupt and <}laims commission I want to know how long it will be before they venal officials. The history of nations that have passed from tlle pa.ss on all the claims, and whether it is not pr::totic::ill.y fastening on stage of action fully attests this truth. Their decline commenced the Government this institution as a permanent expense to the Gov with official dishonesty and corruption, and culminated with the de ernment Y I would ask him further, whether there is any economy in bauchery and demorali7.ation of the masses. Therefore the highe:;_· turning over to a commission that costs some $50,000 a year work the official the more imperative the demand for unscrupulous honesty already being performed by men who a,re paid in anoth~r cap~ci~, so and :fidelity in the discharge of all public trusts committed to him. that it does not cos-t the Government one cent for the rnvestigation f He should r emember tha,t- .Mr. WHEELER. I will say, in response to the gentleman from They that stand high,have many bl. ts to shake them, P ennsylvania, in the :first place, tha,t this commission by act of Con And if they fall, they dash themselves to pieces. gress will exist for t hree years from next March, and if he will make Extrayagance ~lunt~ the edg~ of con~cience and breeds dishonesty, a mathematical computation as to the progress made respectively becansert creates rnordrnate desires whwh honest work cannot satisfy, bv these commissioners and the Quartermaster-General and . Com and therefore it at :first attempts to procure by indirection what the missary-General, he will see that the commissioner'S will dispose of law positively forbids. I believe that men, whether rich or poor, who the claims much sooner than can the Quartermaster-General and the accept and hold offices of trust and responsibility should make it a Commi &ary-Genera.l. The :figures demonstrate that. The commis point to live and support themselves upon the pay and emolnments sion is :fixed upon the country, wisely I say, for tlll'ee years from next thereof, for the sake of example; and in f ailing to do so they weaken March, and within that time, a,ccording to the rate of progress they the moral fastenings of others less fortunate than themselves, but h ave made heretofore, they can dispose of all the cases. whose positions are of equal gmde and honor. .Mr. HEREFORD. Allow me to ask one que tion. No doubt the rapid growth and development of the country has Mr. WHEELER. I would prefer this discussion should take place caused a proportionate increase of expense , aud opened the doors in when this portion of the bill is under consideration, but I will h ear many places for corrupt practices. It is charged by some that mil the gentleman's question. lions of dollars are yearly paid out improperly, and that the more 1\lr. HEREFORD. Perhaps I misunderstood the gentleman, and, if money is appropriated the less can be shown for it . Do the gentle so, I desire to be corrected. I understood the gentleman to say th..1.t men who mn.ke these charges know whereof they affirm 'l If they the tra,nsfer of these cases from the Quartermaster-General's Depart do, it is a duty which they owe to them elves and the country to la.y mont to the southern claims commission is recommended by the Quar bare the fe tering sores ancl show where the evil is, so that it may be t ormaster-Genm::al himself. Where does he :find that recommendation reaoheu anti correcteu. Where it. is, there the pruning-knife ought l\!r. WHEELER. There is not any written recommenda,tion, but to bc run in. lly all means let what can be clone to cut down ex I state it upon my own authority. The acting Quartermaster-General pen es and avert the nece sity of levying additional taxation. ha stated, from the very outset, thart the Department could not carry nut· in onl' efforts to reform the puulic service and save money we on this work and carry on its current obligations. The Commissary must not let our zeal take us too far. W e must remember that we General says the same thing. have a great country, and that the just ancl proper expenses of the Mr. HEREFORD. There is nothing of the kind in his report; and country are grea.t too, and that we cannot afford to cut down simply I gatherefl the impression from one of the chief officers of the Depart upon the grountl of saving money. . mont that they did not desire the transfer. The matter before us now is the Army appropriation bill, which in Mr. WHEELER. I only spea,k from the a,uthority of the acting effect contemplates :1 reduction of tho Army. The gentleman from Quartermaster-GeneraL It was my proposition; and when I sta.ted it New York [Mr. WHEELER] who ha,s charge of this bill tells us tha,t to him it wa,s indorsed most fully by him. the reduction upon tbe estimates amounts to $4,:n!:l,79D, making the Mr. LOWNDES. Is it indorsed by the Secretary of Wa,rf · . total of the Army appropriations some $3,000,000 less than they were 1874. CONGRESSIONAL RECORD. 989 last yeaT. You will observe that the items upon whi(jh the greatest Terry, brigadier-general; P. V. Ha!!ner, colonel of ordnance; H. B. reductions are ma No class of educated men in our country are doing such hard and Arm-y expenses. severe duty as are the line officers. of· the Army f~n· as little P~Y · Mr. Chairman, let me c~ll your attentwn to the sacnfices our officers and Expenditures by each of the several staff d~partments. T otal co"t of men have been ~:~ubJected to. Service. · 1------:-----,,------,,------,-----1 eae h regi- General Sherman says : ------l--~-~_s_te_r_· ·~_·· - 1 S~~~· Modiool. l ray. Ordnance. mont. The Sixteenth Infantry is one of the few r e .... iments that are in the South. Its headquarters are at Nashville, T ennessee, with detachments at Lebanon, K en Cavalry...... $473. 500 00 ~ 1. 845 90 6, 399 36 $243, 992 00 ; 35, 468 CO $842, 20:1 26 tucky· .Ttwkson Mississippi· Little Rock, Arkansas; Humboldt, T eru;tessee; Lan Artillery . . . . 187, 000 00 '' 61, 028 00 4, 944 96 217, 5GO 00 19, 7l!J 50 400. 2;i2 46 castoe' and F~ort, Ken~cky. The. regiment h~..s been there! with changed Infantry. . . . . 180, 270 00 48, 581 50 3, 878 40 15tl, 120 00 6, 292 00 397, 141 no localities substantially since the close ot the war. h bas been shifted about t he ------1----- 1 compani~s occup,ving various positions according t~ the requirements of marshals Total ...... 840, _no oo 191, 453 40 15, 2'22 72 619, 672 oo 62, 479 50 and revenue agents. . . Mr. HAWLEY, of Connecticut. Isitnotclcsirableto sbiftthesemenonceill awJ;We1 1 General Srum::I1AN. We on;;bt to sl.tiitthem. as a whole, but we cannot affor~1t. I bave tried it three or f onr tin1es, bll:t every ~~1e w_e attempt to change a ~epm ent, Aggregate co t of the three regiments . - - ..... - ... -.- ...... _...... 1. 729, 5!>7 62 in the spirit of fairncs , we meet w1th opp0.>1tion from the Quartermastet-Gene:raJ.. 1 saving that be has not the necessary money. . . )fr. liAWLEY, of Connecticut. Tlle men ought to be shifted to a. more ngorous Now let us see, from such light a.a the Committee on Military Affairs have been able to gather, whether it would be proper, right, jn t and c; G~~:;ai SHER~iA..';. Of course it ought to be done in the interest of humanity; J?Ot expedient to force n, reduction of the Army by the pa sage of this ap with tlillt regiment so much, b?caut>e . i~~ location is generally h eal~y , but WJ.th propriation bill in the present form. anothce rc!!iment that bas been ill Loms1ana for the sa.me len~ of trme. I mean the Nineteenth Regim•mt. * * * 'l'he Nineteenth Iniantry is the one that GeneruJ Sherman says : I spoke of just now as having l;Jeen in the extreme South so long. It bas gone As a matt.er of 8€1£-inter t, us well as of opinion probably, (that of a ;;olfticr in through ,!he yellow .fe-.er thre~ times. contradistinction to that of a citizen.) I do not think that this force slwultl b re duced in number , either as a nucleus on which to build a future military estllbli!>.u The Twcnty-seconcl Infantry is on the Mi souri River. We are trying to get the ment, or as a force to moet the exigencie. of the pre ent state of our countiJ'. J f, Sioux into that district we~t of the Mi souri River, and thm·efoL'e that part of the therefore, the neces ity for eeon(}my is o urgent, I advise that the prnn~g:-knife countru is guarued pretty strongly. There are two re~ents there. The one com be applied to what I would call tho e branches of the military peace ostablishm ·nt ma.ndecl by General Stanley, the Twenty-seconu, O?CUpies, Fort S~y, Foi't- I:au outside of the active regiments. Whether such a pruning-L.'Uiie can be applied dall, anu the lower Brule ao-ency, aU in Dakota !ern~ry . rhat rc~ent has b ~en with wisdom or not I cannot s::ty, but my judgment is that the present t ell r{'gi there ever since tho close o"f the war. Somo of 1td otlicers have har~y seen a wlute m nts of cavalry, fi>e regiments of artillor,v, and twt>n ty-fivo r egiments of infantry face, exr-ept their own garrison, for six or seven years. The . r egrment :has been cannot bo reduced ill numbers o_r ei:liciency consistent with the good of this con· . there seven years and I have promiseu them myself several times to bnng them try. * * * * 1C" * out where they c~ have a school-house anu church, but I h;we not been able to If reduction is forced upon the Army by the :financia.l comlition of the country, fulfill my promise thus far. (of which Congress m11st be the sole judge,) I tmhesita.tingly say that you bud bet. ter cut off at the head thau at the foot ; that the mo ~t valuable part of our military General Townsend says : establislpnent is in tho inverse order of it.s gPneral arrangement. I look npon two cavalry re.giments, or even infantry regiments, as worth more than the whole gennral W e have to give officers a lit-tle leave of absence somdtimes, in order to s aveth ~ir stan; mvsclf inclurled. I wonld rather see Con~ress abolish mo and my otlicc: :tml h ealth. Theroare a great many invalid officers now, broke~ down lJy long ~erv10e turn me loose to get my OWD living and tear OUt the first thirty-oight pa~es of the in malarious countries. If wo hau the means of transportation to change regunent::; Army Re!tister, tnan to see it disband two such regiments. * * more frequently we couhl sa.ve life and health by transferring from unhoalthy to Now, I~ve accounted for every one of our ten regiments of c:walry. I tlo not believe that you Cilll flisperu e with a sillgle soldier in these ten regiment>, nor tlo I hr;J!::t";~~s. . Have not most of the re~e nts, in point of fact, been transferred believe than you can do much in the way of ecouombiug in their nmintenance; and wi~hin the last live vearf!1 . yet they are us necessary as troops were on the line of oporations iu auy of onr Army Adjutant-General 'Tow:.;s&.'m. N ?·sir. For ins~ance, the FU:st Infantry has bet;n movements during the civil war. ' stationeu on the lakes for about e1~ht years, while other r e~:;unents have been ill The CHAIRl>IA..';. Do you recollect ]:{ow ma.ny r egiments of cavalry we had on tlJe the South for the same length o£ time. frontier before the war~ General f:iHERMAJ.';. I think five: but at that time we did not ha-.o near as much Secretary Belknap says: frontier to protect. The line then was neither so far nort.b, so far west, nor so fm· south. Now, insiR.a.d of having a single western frontier, we have got a. wcRteJ·n P..i~ht h ere let me make one r emn.rk, which may have some bearin~ n_pon the frontier, and an eastern frontier, looking ea.'lt from California arid Orel!on, anti two q uestion. There are some r g-iments which ~11~ War Department woulu like very or three little circles in Montana, Colorado. and New Mexico, each having a fron mnch to chan~e the location of· not because 1t IS absolntelynecessary, but becauso tier of its own, so tha.t we have multiphe The improvement in the men's qua,rters, as I remn.rke~, ~s con fin~ to a few stations; Se.cretary Belkna.p says: at many in this dC'pa~~nt th~ quarters are. Ofd, on g~afly built of ~ogs , or are In my opinion, itwoulrl not be advisable to reduce the .Army at t.he pre. ent time, mere shells of mo1mtain pme, Without proper lining or ceiling; thefioormo- IS 'Yorn The Army now consists of ten rc_giments of cavalry, five of :trtillery. and twenty th.-ongh, the roofs open an~ l ~ a1..-y, aml n early all the sk~letons of such woog~u fltrnc five of infantry, two r egiments or the cavalry and two of the infantry being l'Ol tures are so deca.veu, thatlt IS waste of lumber and muls to ~ttempt to r eprurthem; ored. They are clistribnted at the various posts throng:hout tho couutry in as lim and yet year aft.er year from t en to twenty tholl:S~d dollars nave been wasted u on ited _numbers as t-he great munber of posts and ~e ~mall numbPr of 9:oops in t~e su!lh dilapiuatcd ol•l posts as Fort Laramie, (brult ill 1847, ) Camp 'Douglas, and F01t serVIce compel them to be. * * * I am ono of those men who beueve that m J\IcPherso~. Thc~e -quartersareallinfe ste rl with bed-bugs, so that, as an Irish soldier time of peace we shnulrl prepare for war. I was very fearful not many months . aid, "to get any sleep in them. the men in warm weatlier have to He out of doors." a.,.o that there. ult might show that in our fortifications we were not prepareu for nut the pfuins are (1ry anu dusty and bi~h winils prevail; cleanliness. therefore, in t;ooble which might come. such shells in summer, or warmth in Willter, is impossible.. Such dis9omfort, of course u.dds to the numbHr of uesertions. Now that the Indmns are bemg perma Secretary Delano testifies as fo11ows : neutl/ located, Secret.'U"Y DELANO. Th:1ti consillernece sa:t·y until the wild tribes are all compelled have received their sm.all p::ty :.u::cl hn.vc d?ne fait hful uuty wherever to accept reservations and ro begin to adopt the habits of civilization. sent, ~hether on the and, barren, anti. burnmg sand-wastes of Arizona, * * * * * * * Mr. GuNCK.EL. You think the milit..'l.l"y should bo in as strong force there as they or in the coltl. and howlihg regions of tile Reeky Mountains, standing are now1 sentinel by turn ov:er the Indian and the frontiersman, or gnanliug Secretary DELANO. I think so. I clo not think there C3.Il be any diminution of the the great transcontinental thoroughfare, or protecting and escortiitg force there with safety to the best interests of the country, l:1rgely and fully con sidered. scientific exploring parties; in other instances guardino- railroad engi * neer parties and milroad construction parties, or sent ~way up in the Mr. ALBRIGHT. Would not the withdrawal or weakening of military force have a fog-banks of Alaska taking care of the :fisherrn::tn., fur-tratl.er, and tendency to impair the present peace policy, and ia view of a possible w&r with Indian. Neither affection, danger, nor climate would restrain them either the Sioux or Comanche Indians, increa.J'Je the expenses of the Government 1 Secretary DBLA.KO. My want of positive and detailed knowledge as to the present from the performance of their uuties. They have performed all un strength of the Army and as to its ava.llability for the neces ary CO·Operation in t.he complainingly; but now, where extravagance in other quarters makes m.anauement of the 'indians must make my a.nswer hypothetical. I therefore say retrenchment and economy necessary, these faithful public sentinels that avrithtlrawal of the pre. :mt military force u. ed for the purpose ofpreventin" and officers are the first to feel the unfriendly grip of the Govern Indian depredations or punishin;; Indians for outm.;;es which they have committed, or the weakening of such force to the eA'tent of creating a feeling among the Indi ment, and are to be turned out int.o the cold. It may not be popnla~', but ans t.bat the Government is unable to punish them, would have a strong tendency I cannot help it. I must, :Mr. Chairm:m, raise my voice against this t.o endan .... er our present pCc'tceablo relations with the Inilians, aml to bnng on con policy and protest against it. Nothing could be more ungracious or flicts which might lead to serious war with some of the powerful tribes. ungenerous. These men are trained and educated soldiers. The General Sheridan, in his report, sn.ys : Government has asked them to make the profession of arms the4" To give protection to the citizens of the frontier against these Indians and to life-calling, and many of them are not in a condition to enter ariy guard the long line of our Mexican border auainst r o'hberies by Mexican citizens other and make a living for themselves or families. and Indians living in Mexico· to el.."Plora unknown territory and furnish escorts to surveying parties for scientific purpo cs and for pro.i ected railroaus; t.o assist antl Mr. WHEELER. There is not a line in this bill in respect to guard the milwavs ah·eady built awl other commerc.id.llines of travel; ~aid in the officers. enforcement of the civillo.w in remote places; antl to do $Cnerally all that is con Mr. ALBRIGHT. We will see how it operates. It proposes to pay stantly required of our Army in tbe way of helping anu urgincr forward every men who do no. service. That is the operation of this economic sys thing which tends to develop a,yd increase civilization upon the border, auJ at the tem. I object to ma,king these faithful officers and men the scape same time to protect the Indians in the rights and immunities ~uar-anteed them unuer existing treaties, has been the work of the troops in this military diYisionfor goats for the sins of other men. I know it is argued that m.'tny of the past year, and that work has been successfully accomplishotl. * * * the officers will be retained ; but that makes it not any easier to those In the· Department of Texas there has been a p·eat deal of trouble along tbe who will have to be mustered out and discharged. It is the uncer northern line of the State, aml also a.! on~ the line of the Rio Grande. The troubles on the northern frontier of Texas have been p:·incipaliy from Indians coming from tain blow that you inflict which makes it so painful; no one lmows tho reservations in the Indian Territory; and I respectfully request that some on whdm it ·will light. If there are inefficient officers in the .Army, tlefinite authority be given me to punish the e rai factory to himself, and with as much re.gard to the public interest as when the naval bill was before the committee, they haYc made pro is felt by the gentleman from Ohio. He has no right to scold tills vision here- • House. For pay of the Army, and for allowances to officers of the Army for transporta Mr. GARFIELD. li I have said anything out of order I will sub tion of themselves and their bap:gage when traveling on duty without troops, escorts mit to the judgment of the Chair. or supylies, and for compensation of witnesses while on comt-martial service· fo~ traveling expenses of paymasters' clerks; for payment of posta"'e ou letters' and The CHAIRMAN. If the gentleman from Ohio proceeds longer pa-ckages, and cost of telegrams received and ent by officers of th'e Army on public than ten minutes, he must confine his remarks to the Army appropri business, $11,450,000. ation bill, which is pending before the Committee of the Whole. Mr. BECK. I object to the gentleman scolding members 011 this If they have the time to do their work well, why did they not make :floor; and I wish my point of order decided by the Chair. appropriations for the pay of the Army T Why did they not make Mr. GARFIELD. If this is a question of scolds and scolding I appropriations for milea.ge . Why did they not make appropriatjons cheerfully submit that to the judgment of any body of members of for transportation Y Why not for postage f Why not t ell us the this House as between the gentleman and myself. amount, so that we will know when we are appropriating those vast Mr. BECK. So will I; I have raised the point of order, and insist sums what they are f Why lump them up together in one sum of on its being decided by the Chair. eleven and a half millions It is because that committee h ave not Mr. GARFIELD. If there is a point of order let it be decided. I had the time, aud ha>e not been able to devote the labor to give the have transgressed no rule of the House known to me. · H~use the.information neces ary to enable ns to vote intelligently on. ~Ir. BECK. It is that the gentleman from Ohlo is reflecting on the this qnestwn. And yet they want to absorb all matters relating to conduct of members this morning. public buildings and grounds, and to w ipe out, if I may use the expres The CHAIRMAN. The gentleman can p roceed with his remarks sion, the other committee of the House, as I could show had I the on the pending bill. time and opportunity to do it. They lump together in one section Mr. GARFIELD. Mr. Chairmn.n, we n.re discussing, as I said be $11,450,000 for pay of the Army, transportat ion, mileage, &c. fore, the appropriation bill for the support of the Army, which, under Mr . .PARKER, of Missouri. I rise to a question of order. It is that the legislation of 1870, was fixed at thirty thousand men, and was re the gentleman from Kentucky [Mr. BECK] ha.s no right as a member cruited up t.o that number. When wa-s the Army fixed at t.hirty thou of this House to get up here a~d, pretending to make a speech on the sand men¥ Nearly four years ago, n.t a time when the Southern appropriation bill, to scold one of the committees of this Honse. States were in a disturbed and unsettled condition; when we had no [Laughter.] assurance that peace would reign for the next three years; when the 1\Ir. BECK. I stand corrected. [Laughter.] I will not scold any Ku-Klux organization was wide-spread, and life and property were far more. Fortunately, I was through before the objection wa made· from safe in the States lately in rebellion, an army sufficient to meet but the bad example was set on the other side, and that is the only the emergencies of that day was authorized by Congres . Will any excn e I have to make. man say what was sufficient at t hat time is not somewhat more than Now, I wish the chairman of the Committee on Appropriations to sufficient now¥ It is too late to in ist that we C:1lll10t ~:;afely reduce know that to-morrow, or whenever the opportunity shall offer, I shall our Army, which has !?roved sufficient for the last four yen.rs of turbu move, at t he end of the paragraph I have read, the following proviso: lence. Prf!Vided, Th~t only actual i_;ravelingexpenses shall be allowed to any person what The gentlemanfrom Pennsylvania [1\Ir. ALBRIGHT] read along list ever~ th~ serVIce of the Uruted States; an~ all allowances for mileages or trans port::tion m exce s of th amount actJ;Ially ~a.J.d are hereby declared illeaal ; and no of men enlisted in the Ordnance Corps of the Army that he thinks credit shall be allowed to any of the disbursm~ officersof the Uuited StateS for pay migb t be cut o~ but he did not think we ought to reduce the number ment or allowances in violation of this provision. of officers. If the gentleman hUB read the pending bill he will see we do not reduce the roster of the Army by discharges of officers or enlisted And I shall ask them to tell us how much of this amount is expended men. We simply n.llow it by the process of natural absorption to be .re now . duced to twenty-five thousand men. That is t he measure of reduction Mr. WHEELER. Will the gentleman allow me to say, on behalf of tow hicb his objections can apply. I have more than once, in this House, the Committee on Appropriations, that we will accept his proviso most defended the Army against attempts to cut it down by a wholesn.le cordiaJLy. lli. BECK. I am most glad to hear it. mustering on~ of its officers and men, and I would do so now. But the committee asks the House to make reductions in the expenditures Mr. WHEELER. Or anything eL<>e in that direction. of the Army which will amount, in the aggregate, to nearly four mil lli. BECK. And I will ask the ~entleman this f-urther question. lions, and this t.hey believe can be done by abandoning some po ts in I have before me a stat ement made rn this House on the 17th of Feb the East and in the interior, :tnd pl:wing the soldiers that now oc ruary, 1871, by l\Ir. LOGAN, of Illinois, then a member of this House. cupy them on duty on t.he frontier. I h:,tve referred to the vote of And in counectionwith the statement I wish to a.sk why it is that t h e this morning and to the debate on this bill for the purpose of urging pay of the Army was increa ·ed over a million and a half three years members not to fall into the h:tbit of praising all measures of retrench ago, and whether it is proper to maintain that iucrease to-day. I ment that are afar off but rejecting tho e immedin.tely before us. quote the following £gmes from Mr. Logan's speech : I have no doubt t hat the House believes in economy as a principle; PAY OF GID"'ERALS AS AT PRES~""T . I hope we may not fail to make it an accomplished fact. Every bill 1 General .. ·--· -·--·· ...••.. . ·-·---...... -----· -----· •...... 19,278 which the committee brings in is likely to be met with this same class 1 Lieutenant.·General ...... · ----. ----- ..•...... _...... 15,803 of '1rgument : strike somewhere else, but do not strike h ere. I hope 4 that will not be the spirit prevailing in this Honse in regard to the 1~ brl1t:J:::~~:~~. at ~;iri5 :::: :::::::::::: ~ ~ ~ ~:::::: :::::::: :::::::::: :~: ~~g reduction of expenditures. We can make a reduction that will sat Total..-...•...... -- ...... _.. ... _...... _...... 178 681 isfy the re:tsonable demand of the country, only by making t horough work on each item of expenditures as it comes up for consideration. I wish to ask the committee whether they cannot bring down the Mr. BECK. Mr. Chairman, I ouly ask a few minutes, not over five pay of the e generals to something less than four times the pay of a or t.en; and the only object I hn.ve in rising is this: I object to the member of the Senate of the United States or a member of this House; chairman of the Committee on Appropriations, or any gentleman, and whether there &re not other retrenchment that can be made, as aBsuming on this floor that gentlemen voting for the r eference of any well in he reduction of the Army and in the reduction of pay, as in bill to any committee are actun.ted by improper motives or a desire the reduction of mileage and transportn.tion, when men are paid ten to prevent retrenchment. I am one of tho'se who voted to refer the cents a ~e,_ traveling wi h free .tickets in their pockets, and the bill this morning to the Committee on Public Buildings ancl Grounds, whole thing l.Slumped together to prevent the House knowing how and I did it because I believed the subject properly belonged to that it is. committee; that that committee had the time to give it inves-Qrration Those things I intend to a. k when the proper time comes. And I nece sa.ry tO' its careful1mderstanding, and the Committee on Appro want the gentleman from Ohio, the chajrman of the Committee on priations did not have the time. I rememberthe movement proposed Appropriations, aml his colleagues to know that I will go as far in the by the gentleman from Indiana, [Mr. CoBUR...~ , ] to divide up the work direction of reduction of expenditure and retrenchment astheywill, of the Committee on Appropriations, at the beginning of the session, and further. And I desire to have sent to the committee to which upon the ground they had not time even to make the necessary ap they properly belong these subjects, until the gentlemen of the Com propriatio.ns. I re isted it because I wished all proper appropriations mittee on Appropriations can find time to give details in regan.l to the to remain with that committee. I tell the Hou enow if the chairman bills they ln.y before ns, which will enable ns to act intelligently, an Mr. KELLoGG reported that the Committee of the Wbole had h ad MADISON FEMALE ACADEl\fY. under consideration the specinJ order, being the bill (H. R. No. 10p9) Mr. DURHAM:, by unanimous consent, introduced a bill (H. R. No. making appropriations for the support of the Army for the year ending 1571) for the benefit of the Madison Female Academy, located at June 30, 1875, and for other purposes, and had come to no resolution Richmond, Kentucky; which was read a first and second time, referred thereon. to the Committee on War Claims, and ordered to .be printed. DIDEPENDENCE HALL. ENROLLED BILLS SIGNED. Mr. O'NEILL. I present the preamble and resolution of the Car Mr. PENDLETON, from the Committee on Enrolled Bills, reported penters' Company of P)liladelphia, inviting the members of the House that the committee had examined and found truly enrolled bills of of Representatives to assemble in the hall of the company on the 5th the following titles; when the Speaker signed the same: day of September, 1874, that being the one hundredth anniversary of A bill (S. No. 89) in relation to the lines of telegraph connecting the the meeting in said hall of the first American Congress.. I ask that Capitol with the various Departments of the Govunment; and they be read. A bill (H. R. No.12-21) to confirm certain land titles in the State of The Clerk read as follows: Missouri. To the honorable the Senate and Hottse of Representat:ives of the United States in LEAVE OF ABSENCE. Oong·ress assem1Jled : We your memorialists, respectfully represent, that while we recognize the fa{)t By unanimous consent, leave of absence was granted to Mr. McKEE that C:ur nation's freedom waa declared in Independence Hall, yet the place where for ten days. were heard the deliberate tones of a Hancock, the defiant voice of a H enry, and By unanimous consent, leave of absence was granted to Mr. STORM the persuasive eloquence of an Adams, in the first American Congress, than whom a. body of greaoor men never assembled together or crowned a nation's annals, and for the remainder of the week. who bowed here in revm;ence, as the first prayer was uttered in that Congre ~ · de RECESS. liberately avowing that to the OJ.lpre~sive acts of. the m<_>t~er c?untry ~enca~s never can submit, and the determmation to part With therr liberties orily Wlth ~herr Mr. POLAND. I move that the House now take a recess until ha.lf lives, so patriotically and faithfully adhered. to is held sacred by us as the nation's past seven o'clock this evening. birthplace, and must be dear to .every patriotic1 heart; and whereas the near ap Th motion was agreed to. proach of the one hundredth anniversary of that memora_,ble event renders it b_efit ting that we the succe ors of those who freely offered thlS hall when even our time The SPEAKER. The Horise will meet this eyening for the con honored state-house was closed against them, should commemorate the nation's sideration of the statutes at large. advent by our official action: Ther~o:e, . . The House then (at four o'clock and thirty minutes p.m.) took a Be it resolved, That Congre s be mVIted to assemble m this hall on the 5th day of recess until half-past seven o'clock p.m. Ninthmonth, 1874, the one nundredth anniversary of the mee~g of _the ;first Amer ican Congress and that such ceremonies take place as they m therr Wisdom shall EVENING SESSION. doom best snired1 to that memorable occasion. All of which is respectfully submitted. The House reassembled at half-past seven o'clock p. m., Mr. G. F. SAMUEL R~~ President. HoAR in the chair as Speaker pro tempore. WALTER ALL.u:;ON, D. HENRY FLJ:CKWIR, REVISION OF THE STATUTES. RICHARD K. BETTS, The SPEAKER pro tempore. The House meets this evening to re~ Oommittee. sume the consideration of the bill reported from the Committee on Extract from the minutes of the Carpenters' Company, of the city and county of Revision of the Laws of the United States. It is entitled ''A bill (H. Philadelphia, Tenthmonth 20, 1873. R. No.1215) to revise and consolidate the statutes of the United States Attest: W. T. FORSYTH, Secretary. in force on the 1st day of December, A. D. 1873." The Clerk will re sume the reading of the bill. Mr. O'NEILL. I move that the invitation just read be priRted, and :Mr. E. R. HOAR. Before the Clerk resumes the reading of the bill, referred to the Committee on the Centennial Celebration and the Pro I desire to turn back to section 56, where there is an omi sion to which posed National Census of 1875. the attention of the committee has been called. They desire to insert The motion was agreed to. after line 4 the words," one officer, charged with disbursing the con LEGAL-TENDER NOTES. tingent fund and other expenses of the House of Representatives, at Mr. COX, by unanimous consent, presented a substitute, which he an annual allowance of $576," so that it will read: designs offering to the bill (H. R. No. 1328) to fix the amount of legal SEc. 56. The following persons are employed in the service of the House of Repre sentatives: tender notes at $400,000,000; and the same was ordered to be printed. One Clerk of the House, at a salary of 5,000 a year. · · INFLATIO:Y OF THE CURRE.NCY. One officer, charged with disbursing the contingent fund and other expenses of the House of Representatives, at an annual allowance of $5'l6. 1\Ir. POTTER, by unanimous consent, presented a memorial of banks, bankers, merchants, and others, of the city of New York, against The amendment was agreed to. ~ any further inflation of the currency; which was referred to the Com Mr. E. R. HOAR. The next amendment is on page 33, section 165, mittee on Banking and Currency, and ordered to be printed. to insert after the word' ~ Departments" the words" and in the General Land Office," so it will read: COl\fltiTSSIONERS OF CLATh'IS. SEC. 165. From the 1st day of October until the 1st day of April, in each yeari Mr. LAWRENCE, by unanimous consent, from the Committee Oll all the Bureaus and offices in the D epartments and in the General L:w.d Office shal be open for the transacqon of the public busine s at leaat eight hours each day; War Claims, reported a bill (H. R. No. 1565) relating to the commis and from the 1st day of April until the 1st day of October in each year, at least sioners of claims, and for other purpo es; which was read a fhst and ten hours in each day; except Sunday!! and days declared public holidays by L'\w. second time, recommitted to the Committee on War Claims, and or dei'ed to be printed. Mr. ELDREDGE. I would ask if that is not inclucled in the word "offices¥" JAMES BYERS ET AL. Mr. POLAND. I can explain to the gentleman from Wjsconsin that :Mr. DUELL, by unanimous consent, introduced a bill (H. R. No. when this provision was made the General Land Office was a distinct 1566) for the relief of James Byers, George W. Griggs, and John No office. Itha.s since been attached to the Interior Department. lan ; which was read a first and second time, referred to the Committee Mr. ELDREDGE. If it is an office I think.it is covered by the word on Claims, and ordered to be printed. "offices." DF..Nl\TJS M. STUART. The amendment was agreed to. Mr. DUELL also, by unanimous consent, introduced a bill (H. R. Mr. E. R. HOAR. Passing on to the point where we stopped at the No. 1567) grantin~ a pension to Dennis l\1. Stuart; which was read a last evenihg session, the next amendment is in section 251. first and second trme, referred to the Committee on Invalid Pensions, The section was as follows : and ordered to be printed. SEC. 251. The Secretary of the Treasury hall, from time to time, digest and pre· pare plans for the improvement and management of the revenue, and for the su~ FORFEITURE OF RAILROAD GRAJ.~S. :{!Ort of the public credit; shall superintend the collection of the revenue; shnJI, from time to time, prescribe the forms of kee~ing and rendering all public accounts Mr. HURLBUT, by unanimous consent, introduced a bill (H. R. and making returns ; shall grant, under the limitations h erein established, or to be No. 1568) to resume pos ession, tit le, and control, on the part of the hereafOOr provided, all wan-ants for moneys to be issued from the Treaaury in pur United States, of all lands heretofore granted to railroads where the suance of appropriations by law; shall make report and give information to either conditions of said grants may have been broken; which was read a branch of the Legislatnre in writing respectin~ all matters referred to him by the Senate or House of ReJlresentatives, or whicn shall appertain to his office; and first and second time, referred to the Committee on the Public Lands, gen erally shall perform all such services relative to the finances as he shall be and ordered to be printed. directed to perfonn. CAPTAIN FR.Al.'ill: BUfu~TT. Mr. E . R. HOAR. I move to amend, by inserting after the word Mr. BUCKNER, by unanimous consent, introduced a bill (H. R. "Leg:islature," in line 10, the words, "in person or;" and after the word No. 1569) for the relief of Captain Frank Burnett, of Louisiana, Mis "wnting" the words "as may be required." This amendment will be souri; which was read a first and second time, referred to the Com found in the errata. mittee on War Claims, and ordered to be printed. The SPEAKE.R pro tempo're. The gentleman from Massachusetts [Mr. E. R. HoAR] will reduce his amendment to writing. The rules FRANK A. LUDA. provide that when required by the Chair 'nJ.l propositions shall be Mr. BUCKNER al o, by unanimous consent, introduced a bill (H. R. submitted in writing; and upon this bill it is exceedingly important No. 1570) for the relief of Frank A. Luda, of Louisiana, llis ouri; fpr the Clerk that the amendments should be submitted in prop er which was read a first and second time, referred to the Committee on form. Hence the Chair will enforce this rule in all cases. W n.r Claims, and ordered to be printed. The amendment was agreed to. 996 '' J .ANUARY 28, CONGRESSIONAL~ RECORD. . · 1\Ir. E. R. HOAR. The next amendment I desire to propose is in In the office of the money-order system: section 316. One superintendent, at a salary of 4,000 a year; one chief clerk, at a salary of The section was as follows : $2,000 a year. In the office of foreign mails: SEc. 316. It shall be the duty of the Register- One superintendent, at a salary of 4,000 a. year; one chief clerk, at a salary of First. To k eep allaccountsof the receipts and eXJienditures of the publiemoney, ~.ooo a year. ancl of all debts due to or from the United State . · In the dead-letter office: Second. To receive from the Comptroller the accounts which shall have been One clrief of division, at-a salary of 2,500 a year. finally aujnsted, and preserve such accounts; with their vouchers and certificates. Third. To record all warrants for the receipt or payment of moneys at the Treas· In the office of mail depredations: ury, and certify the same thereon, except those drawn by the Postmaster-General, One chief of division, at a salary of $2,500 a year. and tho. e drawn by the Secretary of the Treasury upon the requisitions of the Sec In the office of the blank agency: · retaries of the War anu ;r.avy Departments. One superintendent, at a salary of $1,800 a year; one assisinnt superintendent at Fourth. To transmit to the Sooretary of the Treasury copies of the certificates a sa.la.r'y ot$1,600 a. year; four assistants, at a salary of 1,200 a. year each. ' of balant?es of accotmts adjusted. In the office of each of the Assistant Postmasters.qene~al: Fifth. To furnish to the proper accounting officers copies of all warrants cover One chief clerk, at a. salary of · ,000 a year; one messenger. settlement of a~counts in their respective oftices. ing proceeds of Government property, where. the same may be necessary in the Mr. E. R:· H_9AR. I move t? strike out the first cl~use of this para lli. E. R. HOAR. I move to amend the section by inserlmg in the graph, begrnrung "the subordinate officers" and ending "as follow " third clause, before the word" Comptroller," the word "first;" and anu inserting in lieu thereof the words, "There shall be in the Post- after the word" Comptroller" the words 11 and Comntissioner of Cus Office Department." · toms." The rn:nendment was agreed to. The mnendment was agreed to." , 1\fr. E. R. HOAR. I move further to rn:nend by striking-out lines Mr. E . R. HOAR. The next amendments I desire to submit are in 13 to 18, as fo~ows : - · · . section 354. Fourteen clerks of class four, sixty-three clerks of class three fifty clerks of The section was as follows ; class two, sll.cty-nine clerks of cl.'lSs one, fifty-seven female clerk1, at a. salary of 900 a. year each. SEc. 354. The subordinate officers, clerks, and employes of the Dcpu.rtmont of Justice, and their respective salaries, shall be as follows: The amendment was agreed ~o. One chief clerk, at a salary of 2,200 a year; one law clerk, acting as examiner of Mr. E. R. HOAR. I move further to amend by striking out lines 21 titles, at a salary of $3,000 a year; one stenographic clerk at a a]ary of 2,000 a and 22, as follows : yea.r; one clerk, at a salary of $2,000 a year; seven clerks of class four, one of whom may bo appointed The Clerk read as follows : The Clerk r ead as follows: Four clerks of class four, four clerks Gf ciMs three, two clerks of class two, three Two assistant messengers, six laborers. clerks of elMs one, two messengers, four laborers, five watchmen. The amendment was agreed to. · · The amendment was agreed to. · . Mr. E. R. HOAR. I move on the same page, under the heading of Mr. E. R. HOAR. I move on t he same page, under the h eading of the "General Land Office," to strike out lines 32 to 35, which I a-sk "Bureau of Yards and Docks," to strike out lines 25 to 30 inclusive, the Clerk to read. which I a~k the Clerk to read. The Clerk read as follows: Three cle~ks of class four, twenty-four clerks of cla.ss three, forty-fo~ clerks of The Clerk rea.d as follows : class two, seventy-five clerks of class one. · One clerk f)f class four, two clerks of elMs three, one clerk of cbss two, one clerk of c11ss one, ono messenger, one laborer. The a.mendment was agreed to. · Mr. E. R. HOAR. I move on page 102, under the same heading, to The a.mendment was agreed to. strike ont lines 40 a.nd 41, which I ask t he Clerk to read. Mr. E. R. HOAR. I move on the same pa.ge, under the heading of The· Clerk read as follows: · the "Bureau of Equipment and Recruitin~,'' to strike out lines 34'to Two messengers, three assistant messengers. ""' 39 i.Rclnsive, which I ask the Clerk to rea Department of War, and such is the committee's understanding of Mr. POLAND. I have an amendment to offer on page 143, section the law. 611, which I will reduce to writing. This will involve some other amendments at a subsequent part of Mr. ELDREDGE. Would it not be in order to move to 1·ecommit the statutes, and I mn.ke an explanation here that it _may be_under the bill, so that the committee may have an opportunity to prepare stood when we shall come to them. The amendment IS to strike out t.heir amendments Y I supposed the ob.J ct of dispensing with the reading was to facilitate a{ltion on the bill, but it doe not help us if the words which I have read, in lines 5 and 61 at the top of page 104. The amendment was agreed to. we have to waH here until amendment can be written out. Mr. E. R. HOAR. The next amendment proposed is in section 525 The SPEAKER pro tempore. The gentleman from Wisconsin has of page 119. I offer the following amendment : not the floor for that purpo e. Strike out the first three lines of section 525, as follows: . Mr. ELDREDGE. I will take it pretty soon for thn,t purpo e. The subordinate officers, clerks, and employes of the Department of Agncul- Mr. POLAND. I move to amend the section I have indicated by ture, and their respective salario3s, shall be as follows : · in erting in line 1, after the word "e tablished," the words "as fol And insert in lieu thereof : lows: one;" in line 2, after the word "Aln,bama," the words" one for;" There shall be in the Department of Agriculture. in the arne line, after the word "Arkansas," the words "one for;" n,nd The amendment was agreed to. in line 3, after the word " and," the word "one;" so that it will read: Mr. E. R. HOAR. The next amendment is in the same section, 525, Circuit courts are e tablished :18 follows: one for the three district.s of Alabama; to strike out lines 27 to 34, inclru;ive, as follows: one for the ea tern di trict of Arkan as; one for the southern district of Mis. m sippi ; and one for ach district in the State not herein nam d; and shall be called Four clerks of class four, five clerks of class three, six clerks of class two, seven the circuit courts for the districts for whi h they are established. clerks of class one, three copyists, at a ala.ry of 900 a year each; one m senger, at a salary of $850 a year; two assistant me engers. The amendments were agreed to. The amendment was agreed to. Mr. POLAND. On page 147, section 632, I move in line 7, to t. rik~ Mr. E. R. HOAR. The next amendment is to strike out lines 43 out the word "should" and insert the word "shall;" so that the sec and 44 of the same section, page 120, as follows: tion will read : Nine laborers, three watchmen. The circuit courts shall have original juri dict.ion as follows: First. Of all suits of a. civil nature, at common law or in equity, where the m..'l.tter The amendment w~ agreed to. - in dispute, exclusive of costs, exceeds the sum or value of five hundred dollars and Mr. LAWRENCE. I think an amendment should be made in sec an alien is a party, or the suit is between a citizen of the State where it is brought tion 470, page 108, where in line 3 the wo_rd "co~ty" o?curs; a mis and a citizen of another State : Provided, That no circuit court shall have cognizance of any suit to recover the content.s of any promis ory note or other cho e in action print, I suppose, for "country." The section, as prmtcd, lS as follows: in fuvor of an assignee, unless a suit rm,!!:ht have been _pro ecutoo in such court to SEc. 470. The Secretary of the Interior shall adopt such rules as may be neces recover the said contents if no assignment h.1d been made, except in cases of foreign sary to prohibit the sale of ar~ or ammunition within any district or county occu bills of exchange. pieu by uncivilized or hostile Indians, and shall enforce the same. The amendmen~ ·was a,greed to. I move to amend by striking out the word "county" and inserting 1\!r. POLAND. On page 150, in action 638, line 6, I move to strike the word "country." out the words "married women;" so that it will read: The amendment was agreed to. SEc. 638. No judgment, decree, or order of a district court shall be reviewed by Mr. E. R. HOAR. The amendments which have now been adopted, a circuit court, on writ of error or appeal, unless the writ of error is tmed out, or Mr. Speaker, include all the amendments proposed by the committee the appeal is taken, within one year after the entry of such judgment, decree, or as far as page 121 at the end of title 12, and as far-as the work in this order: P.rovided, That where a party entitled to :prosecute a writ of error or to tako an a.ppeal is an infant, or non compos mentis, or rmpri oned, such writ of error may part of it has been under my charge. be prosecuted, or uch appeal may be taken, within one year after the entry of tho Mr. POLAND. I have an amendment· to offer in section 551, on judgment, decree, or order, exclusive of the term of such disability. pa~e 125. The section wn,s as follows: The amendment was agreed to. :Mr. POLAND. On page 151, line 34, after the word "therefor," strike SEc. 551. The State of Texas is divided into two districts, which shall be called the eastern and western districts of Texas. The eastern district includes the coun out "or;" so that the parn,graph will reu.d: ties of Newton, Jas:per, Jefferson, Orange, Tyler, Polk, Liberty, Galveston, Harris, In order to such removal, the petitioner in the ca. es aforesaid must, at the tim of :Montaomery Austin, Fort Bend, Brazoria Colorado Wharton, Ma.~orda., La filing his petition therefor, offer in aid State court ~ood and, ufficient urety for vaca ':facksoil. Calhoun, DeWitt, Victoria, GOliad, Refugio, San Patrimo, Nueces, his entel_"ing ~ such circuit court1 on the ~t. day of 1~.s session, copie of said pro Cam~ron , Starr, Webb, and Hidalgo, a.s they existed February 21, 1857. The west cess agamst him, and of all pleadings, de_POSltious, testimony, andotherP.roceedinas ern district includes the residue of said St:l.te. in the cause, or, in aid cases where a citizen of the State in which thesmti broug~t is a defendant copies of all process, pleadings depositions, testimony, and other Mr. POLAND. I offer the follov.ring amendment: proceedings in the causeconcerningoraffectingthe petitioner, and also 'for his there In lines 7 a.nd 8 strike out "February 21, 1857," and insert "in 1852. " appearing and ente-ring srecial biill in the cause, if specinJ. bail was originally r equisite therein. It shal thereupon be the duty of the State court to accept the The motion was agreed to. surety and to proceed no further in the ca.u e again t the petitionor, and any bail Mr. POLAND. On page 126, head-note 555, strike out the words that may have been originally taken shall be discharged. "North Carolina," so that it will read: The amendment was agreed to. Judges in Alabama, Georgia, Mississippi, South Carolina, a.nd T ennes ee. · Mr. POL.Al\TD. On page 155,section649,line 13,I movetostrikeout Mr. ROBBINS. I hope "North Carolina" will not be stricken out. the wor,d "n,nd" at the beginning of the line, so that it will ren,d: Mr. ELDREDGE. Would not that di olve the Union Y When a suit is removed for trialfrom a. State court to a. circuit court, as provided in The SPEAKER pro tempore. The hean-note is no part of the bill, paragraph 1, of section 642, andin such of the foregoing ection as relate to the removal of causes for the purpose of protecting all persons in the United State in their civil and the Clerk will make any alterations nece n,ry. ri"hts and to furnish the means of their vmdication, anv attachment of tho ,!!:OOds or Mr. POLAND. On page 132, in head-note 593, (I make this ffiotion es'fute of the defendant by the original proeessshall hold thesametoanswerthefinnl to the Clerk,) I move to strike out the wmd "judge" n,nd insert judgment, in the same manner as by the laws of such State they would have b en "clerk," so that it will r&ad : · 'held to answer final judgment had it been render d by the court in which the snit w:a commenced. In the other ca-ses mention~d in the foregoing sections, be iue Preparatory examinations and orders in admiralty cases, by district clerk. the pre·dous provisions of this section, any injunction granted before the removal of the cause against the defendant applyin~ for its removal shall continue in force The SPEAKER pro ternpore. That correction will be made. until modified or dis olved by the United ::;mte court into which the cause is re Mr. POLAND. I move in section 575, on page 102, after the word moved; and any bond of indemnity or other oblit!:ation, given by the plaintiff upon "following," to insert "but when any of aid dates shall fall on Snn the issuing or granting of any attachment, writ of injunction, or other restraining day1. the term shall commence on the following day;" so that it will process, against the defendant petitioning for the removal of the caus _-1 shaJl also con tinue in ftill force, and may be prosecuteO. by the defendant and maa.e available for reaa: his indemnity in case the atta{lhment, injunction, or other restraining proce s b et The regular terms of the district courts shall be held at the times and places fol aside or dissolved, or judgment be rendered in his favor, in the same manner and lowing, but when any of said dates shall fall on Sunday, the term shall commence with the same effect as if such attachment, injunction, or other restraining proce s · on the following day. had been granted, and such bond had been originally filed or given, in sn.ch State I will state that there are various terms of the courts set for some conrt. fixed day in the month. The amendment was agreed to. The amendment was agreed to. Mr. POLAND. On page 156, section 655, line 7, I move to strike Mr. POLAND. I move now to strike out lines 154 and 155 of the out the words "upon the request of either pa1·ty or of their counsel;" same section, as follows: so that it will read: - When the said date falls upon a Sunday, the term shall commence on the follow When a final judgm,ent or decr ee is entered. in any civil suit or proceeding before ingday. any circuit court held by a circuit justice and. a circuit jud,!(e or a di trict judge, or by a circuit judge and a district ,)ud;e, in the trial or hearing whereof any ques Those words are rendered unnecessary by what has just been in tion has occurred upon which the opinion of the jn.dges were oppo fld, the point serted. upon which they odisagreed shall, during th same term, be stated under the direc The amendment was agreed to. tion of the judge , and certified, under the seal of the court, to the Supreme Court Mr. POLAND. I move to amend on page 136, in line 16Q, by insert at their next session, and such .certificate shall be entered of record. ing after the word "and" the words "Tuesday after;" so that the The amendment was agreed to. section will read : :Mr. POLAND. On page 157, lines 8 a.nd 9, I move to strike out the ID. the western district of Virginia, at Danville on the Tuesday after the fourth words u under the seal of the court to the Supreme Court n,t their Monday in February and August; at Lynchburgh, on the Tuesday after the third next session;" so that t he section will read: Monday in March and September; at Abingdon, on the Tuesday after the fourth Monda.y in May and October; and at Harrisonburgh, an the Tuesday after the first SEC. 655. When a final judgment or decree is entered in any civil suit or pro Monday in May and Tuesday after the second Monday in October. ceeding before any circuit court, held by a. circuit ,justice and a circuit judge or adis trictjudge, or by a circuit judge and a districtjudge, in the trial or hearing whereof The amendment waa agreed to. any question has occurred upon which the opinions of the judges were oppo ed, 1874 GONGRESSION.AL RECORD. 999 the point upon which they so disa.,.<>Teed shall, during the same term, or of their out the words "and in all cases where the Constitution, or a statute, counsel, be stated under the dh·ection of the judges and certified, and such cer- or treaty of the United States is brought in question;" and also to tificate shall be entered of record. · add to the section the words "and any finaljudgment or decree of the The amendment was agreed to. . supreme court of said Territory, in any cause where the Constitution, or Mr. POLAND. On page 158 I offer the same amendment that I a statute r treaty of the Uniteu States is brought in question, may offered at the beginning of the last chapter. Insert at the end of be revised in like manner;" so that the section will read as follows: line 2 of the first paragraph of section 661 as follows : But.when any of said d&tes shall fallon Sunday, the shall commence on the The final jud~ments and decrees of the supreme court of any · Territory~ !lxcept term the Territory of Washington, in cases where the value of the matt.er in aispnte, following day. exclusive of costs, to be a cert-ained by the oath of either party, or of other comJl& The amendment was agreed to. tent witnes e , exceeds 1,000, may be reviewed and reversed or affirmed in the Su Mr. POL.AJ\1]). I move further to amend by striking out the words preme Court, upon writ of error or appeal, in the same manner and under the arne 11 regulations as thfl :final judgments and decrees of a circuitcol!rt. lu the Territory at Milledgeville," in line 20, on page 159 ; so that it will read : of Washington the value of the matter in dispute mllilt exceed ,000, exclusive of In the outhern district of Georgia, at Savannah, on the second Monday in April co ts; and any final judgment or decree of the supreme court of said Territory, in and on the Tuesday after the first Monday in November. any cau e-where the Constitution, or a · statute, or treaty of the United St.ates is The amendment was agreed to. brought in question, may be reviewed in like mam1er. Mr. POLAND. I move also to strike out, in regard to the districts Perhaps there should be a word of explanation in reference to this of Maine, New Hampshire, 1\Ia sachu ett , and Rhode Island, the amendment. There is no provision in any territo1-ial act for ca es words "when the said days fall upon Sunday the se ion sha,ll com being taken up to the Supreme Court of the United State from a ten-i mence on the next day." Those words are now rendered unnecessary torial court on the grotmd of the question that is involved in it, except by the amendment adopted at the beginning of the chapter. in the act relating to the Territory of Washington. The commissioner The amendment was agreed to. who made this revision, under the power they had to make the law , Mr. POLAND. I move to amend, in line 144, by inserting the words uniform, inserted this provision, and made it n,pplicab1e to all th "Tuesda.y after the" before the words" second Monday in October," Territories, noting it, however, as a change. But the Territory of so that it will read, "Tue day after the second Monday in October." Washington is the only one in relation to which the law contains this The amendment waB agreed to. · provision. The committee propo e this amendment so as to make Mr. POLAND. I move to amend section 676, in relation to the this revision to correspond to the law as it stands. Supreme Court of the Unit-ed Stat.es, by . triking_ out the ~ord '~a" The amendment was agreed to. and in erting the word "the" before "Chief Ju tice," and m ertm~ J\.lr. POLAND. I move to amend. section 706, by striking out the after the words "Chief Justice" the words "of the United States;' "s" in the word," appeals," so as to make the section read as follows: so that it will read: SEc. 706. In all ca es where the judgment or decree of any court of a Territory SEc .. 676. Th~ Supreme Court ?f the Uni~d ~t-at~s sha.ll co~sistof the Chief Jus might be reviewed by the Supreme Court on writ of error or appeal, such writ of tice of the Umted States and eight associate Justices, any su: of whom shall con- error or appeal may be taken within the time and in the manner provided by law stitute a quorun1. . · notwithstancling such Territory has, after such judgment or decree, been admit~ a-s a State; and the Supreme Court hall direct the mandate to such court as the This does not seem to be a very important amendment, but some na.tm·e of the writ of error or appeal requires. time ago there was considerable discussion in relation to the precise official character of the gentleman holding this office. I have taken The amendment wns agreed to. · pains to make this provision conform to the exact language of the 1\!r. POLAND. I ne.x:t desire to move an amendment to section 723. 1~. . The section was a-s follows: The amendment was agreed to. SEc. 723. The writ of injunction shall not be granted by any court of the United Mr. POLAND. I move to amend section 69G, in the fourth and fifth States to stay proceedings in any court of a State. lines by strikina- out the words "to the Supreme Court," so that it }.fr. POLAND. I move to amend by adding to this section the fol will ~·ead, "whe~ein the said judges certify as proVided by law that lowing: their opinions were," &c. Except inca es where such injunction may be authorized by any law relating to The amendment was agreed to. · proceedhlgs in bankruptcy. · · Mr. ELDREDGE. Iwouldinquireof the gcntlemanfrom Vermont if it is intended that the words "circuit justice and a circuit judge" The amendment was agTeed to. shall stand in the beginning of this section. Is that the language 1\lr. POLA.l~. The next section to which I wish to move an amend ment is section 765. intended to be used! 1\ir. POL.AJ\1]). It is. The section was a-s follows : lli. ELDREDGE. Is that the law now f SEc. 765. When a writ of habeas corpus is issued in the case of anypri oner who• 1\Ir. POLAND. Yes, sir. Inasmuch as we have two circuit judges, being a subject or citizen of a foreign st.'Lte and domiciled therein, is committed, or con:fi.iled, or in custody, by or under the authority or law of the United States, or of a judge of the Supreme Court and a circuit judge proper, we have any of them, or process founded thereon, on account of any act done or ornitterl adopted throue:hout this revision, for the purpose of desi~nating the under an;y alleged right, title, authority, protection, or exemption, claimed under two, the term ''circuit ju tice," as applied to the judge of tne Supreme the coiDIDlSsion or order or sanction of any foreign state, or under color thereof, the Court when sitting in a circuit, and the circuit judge is called" cir validity and effect whereof depend upon the law of nations, notice of the said pro ceedings, to be prescribed by the court, or justice, or judge, at the time of granting cuit jnd~e." These two titles have been adopted for the purpose of said writ, shall be served on the attorney-general or other officer prosecuting the distingrushing between the two. pleaa of said State, and due proof of such service shall be made to the court, or jus- 1\Ir. E.LDREDGE. Is that the language used in the law as it now tice, or judge before the hearing. · stands, or is it the language adopted by the Committee on Revision Mr. POLAND. I move to amend by striking out after the word I do not remember tJO have seen that term used anywhere in the law. "law"the words" of the United States or of any of them," and in 1\lr. POLAND. I do not know that the law hUB defined a justice of serting" of any one of the United States." the Supreme Court, when sitting as circuit judge, as" circuit justice." The amendment was agreed to. But that term has been adopted throughout this revision. And in a 1\ir. POLAND. The committee have an amendment to propose to chapter of definitions, which has not been reached, that has been so section 766. It is an amendment of considerable length, but unfor stated. tunately I have it not here, not expecting that this ection would be 1\Ir. ELDREDGE. I was going to suggest to the gentleman that reached to-night. I suppose that the section can be pas ed over, with we have already acted upon many definitions, and I did not know but an underst~4'tJ! that we may return to it hereafter. they included all. I know they did not include this one. I had not The SPE pro tmnponJ. There was a general understanding at seen the expression "circuit justice" used in any statute that I re the last evening session that any section might be returned to for the member. pmpose of amendment. Mr. POLAND. It is used throughout this revision to distinguish 1\lr. POL.AJ\1]). The next section to which we wish to offer :m amend the justice of the Supreme Court from the circuit judge. ment is section 767. Mr. ELDREDGE. It is the language adopted by the committee. The section was as follows : 1\Ir- POLAND. By the reviser. Mr. LAWRENCE. There is another reason. The justices of the SEc. 767. From the :fin3J decision of such circuit court an appeal may be taken to Supreme Court are nowhere by any law called "judges;" they are the Supreme Court in the ca es described in section 765. "justices;" whereas the circuit judges are called in the statutes Mr. POLAND. I move to amend by siriking out at the end of the ''judges of the ciTcuit." section the words "section 765," and inserting "the last clause of the Mr. ELDREDGE. They have always been called judges, so far as preceding sectiou." · · I know. - Perhaps a word of explanation in reference to this amendment mny 1\Ir. LAWRENCE. It is a misnomer to apply the term "judge" to be proper, although it is hardly explainable except in connection with a justice of the Supreme Court. When a justice of the Supreme the amendment we propose to offer to section 766. · Com-t holds a circuit court he becomes a circuit justice; he is a jus The matter of appeals in habeas corpus cases seemed to have got tice of the Supreme Court holding a circuit court. into very considerable confusion. As the la t ection (sec ion 7tiu) Mr. POLAND. Section 608 is as follows: was left, it provided that an appeal should lie in all ca es from a The words "circuit justice" and "justice of a circuit," when used in this title~ single judge to the circuit court; whichis not a correct statement of shall be understood to desizyate the ~ustice of the Supreme Court who is allot.tea the law. - Only in two classes of ca es can an appeal be taken in to any circui~; but the woro "judge,' when applied generally to any circuit, shall habeas corptts cases from a single judge to the circuit court. One be understood to include suoh jll8tice. class of cases arises under the act of 1842, an act that was pa ed· im I move further to amend, on pa,:;e 170, in section 7051 by striking mediately after the McLeod difficulty; the secend class of ca es 1000 CONGRESSIONAL RECORD. arises under·tb,e habeas c()rpus act of 1867, where a person claims to courts of the northern district of illinois, destroyed by fire on the 9th of October be deprived of. his liberty in violati6. A ~ill ?f exceptions _allowed in any cat;tse s~all be deemed sufficiently by virtue of section 815, namely: Without dmess and coercion to ha>e taken up authenticated if s1gned by the Judge of tho comt m which the cause was tried or arms or to have joined any insurrection or rebellion ae:ainst the United St.1tes; to by tho presidin,e: jou~e tl1ereof. if more t.han one judge sat on the trial of tho crn'tso have adhered to any insurrection or rebellion, giving It aid and comfort; to lmve without any seal of tne court or juuge being annexed thereto. · ' given, directly or indirectly, any assistance in money, arms, bor eR, clothes, or any thing whatevE'r, to or for the us or benefit of any]Jerson whom the giver of such Tho amendment was agreed to. assistance knew to have joined, or to be about to join, any infffil'rection or rebellion, Mr. POLAJ'ffi. I move on page 234, section 972, in line 4 to strike or to havereRis ted or to be about tore ist, with force of arms, the execution of the 11 laws of the Unitcu1 States, or whom he had good ground to ucUeve to have joined, out a cssor, as istant a ses or;" so it willroad: ' or to be about to Join, any insurrection or rebellion, or to have resisted, or to be SEc. 972. When a suit for the recovery of an[ penalty or forfoi ture accruing under about to resist, With force of arms, the execution of the laws of the United States; any Ia.w provirling intE'rnal revenue is brou .~h upon infoTIDation received from any or to have counseled or advised any person to join any insurrection or rebellion, or person other than a coLector, deputy collector, or iru>pector of internal r evenue the to resist with force of arms the laws of the Unitecl States. United States shall not be subj ect to any costs of suit. ' The amendment was agreed to. The amendment was agreed to. Mr. POLAND. I move, on pa~e 199, line 71 an The Supr~me Court at this term.b.ave given a construction to that later act, which the commissioners left out, supposing it covered by statute; and have unanimously decided that an appeal or writ of error an older law. And I learn, by some conversation with the judges of if filed within sixty days operates as a supersPil~; and we have made the court, that they exercise this power of appointing commissioners this change to correspond to the construction which the Supreme for some other pmpo ethan to take testimony, n,ncl derive their author Court have put upou the act of laBt year, the act of 1872. ity from this later law. The amen<).ment was agreed to. The amendment was agreed to. Mr. POLAND. I offer also the following amendment: }.fr. POLAND. I move to amend section 10 by a-dlling to it the In the la.st line of the same section, section 1010, strike ont the word "ten" and words," or other appropriation mado by Congress for that purpo c," in rt the word "sixty." so that it will read : The amendment was agreed to. SEC. 1088. Wben testimony is taken for the claimant, the fees of the commissioner Mr. POLAND. The next amendment is in section 1014. before whom it is taken, and the cost of the commission and notico, shall be paid by such claimn.nt; and when it is taken a.t the instance of the Government such . The section WaB as follows: fees, togetb r with all posta.O'e incurred by the Assistant A ttorne.v·Geueral, shall be SEc: 1014.. There shall be no reversal in the upreme Court or a circuit court upon paid out of the contingent fund providetl for the Court of Claim , or other appro· a wr1tof error, for error in ruling and plea in ab:1.tement, othor th:tn a. plea. to the priation made by Congress for that purpose. juri diction of the court, or for any error in fact. The amenclment was agreed to. · t Ir. POLAND. I oft'er the following' amenclment: Mr. POLAND. A member of the committee havin~ in charge the .A.fter the words "court or," where they first occur, insert the' ord "in." chapter following, in relation to the Army, is noli quite prepared to The amendment was agreed to. · report in reference to t hem. There are other portions of the work which ~lr. YOUNG, of Georgia. I move that the House adjourn. the committee are prepared to go on With, but we will not ask gentle :Mr. POLAND. If the gentle1lli1n will withdraw his motion for a, men to stay here any longer to-night. I move that the Honse do now few minutes longer I may agree to it. adjourn. Mr. YOUNG, of Georgia.. How long 7 The motion was a~reed to; and (at nine o'clock and twelve minutes ~Ir . POLAND. I should be glad if we could go through the judi- p.m.) the House a<1jonrned. ciary aCt. We are within a few pages of the end of it. . Mr. YOUNG, of Georgia. I withdraw my motion. Mr. POLAND. My next amendment is on page 246, sccUon 104G. PETITIONS! ETC. The section was as follows: The following memorials, petitions, aud other papers were presented SEc. 1046. No person shall be pro ecuted, tried, or punished for tr ason or other at the Clerk's desk under the rule, and referred RB follows : capit.al offense, willful murder or forgery xcept~d, 1mless ~e indictment i~ found within three years next after such treason or cap1tal offense 1s done or com.m1tted. By Mr. ATKINS: ·The petition of Professor I. M. ·wright and 108 citizens of Montgomery County, Tennessee, ·praying for the settlement Mr. POLAND. I offer the following amendment: and payment of the cla.ims of the Southern Methodist publishing hou e, In line 2 strike out the words "or forgery." at Nashville, Tennessee, to the Committee on War Claims. · This section was copied from the old crimes act at the time when By Mr. BECK: The petition of the Kentucky Agricultural and ~Ie forgery was a capital offense. llut inasmuch as for seventy-five years chanicalAssociation, for compensation for damages to, and occupation forgery has not been a. capital offense in this counti·y, we think it of, their grounds by United States troops, .to' the C~mmittee on W 11r looks a little incong.ruous to retain it. Claims. Tb amemlment wa agreed to. By }.lr. BELL : The petition of Wesley Jones, for a pension, to the lli. POLAND. Then x£ amendments are in sections 104 and 1049, Committee on Invalid Pensions. in the chapter entitled "Limit.1t ions." By Mr. BUFFINTON: The petition of citizens of Middletown, 1\fas Sections 1048 and 104!) were as follows: sachnsetts, for the appointment'of a commission of inquiry concern REc. 1048. No person shall be pros cutcd, tried, or punish d for any crime arising in~ tho liquor traffic, to the Committee on the Judiciary. under the revenue laws, or tho slave-trade laws of tho UniteJ State , 1mle s the lly Mr. BUTLER, of Tenne see: The petition of John Malicoat, for indictment is found or the information is instituted within five years next after the relief, to the Committee on Military Affairs. · committing of such crime. By 1.1T. CESSNA: Several pet itions from citizens of Somerset Coun SEc. 10-!:J. Nothing in tho three preceiling sections shall extend to any p erson fleeing from j u8tice. ty, Pennsylvania, for the remission of duties on friction and lucifer matches, to the Committee on Ways and Means. Mr. POLAND. 'l'he ection should be transposed, and section 1049 lly Mr. CHIPMAN : The memorial of Edward Lawrence & Co., mer placed before section 104 ~ . I move to amend by making that change, chant of Liverpool, England, asking for the pa.yment of the pro- · and al o to strike out the wonl "three" in the section now numbei'ed ceeds of five hundred and sixty-two bales of cotton paid into the 10-ifJ, and insert " two" instea,d thereof. United States Treasury, to the Committee on War Claims. Perhaps a word· of explanation should be given in reference to thi.B. Also, the petition of E . F. M. Faehtz and F. W. Pratt, publishers of The original crimes act made provision for treason and capital of the Real Estate Directory of the city of Washington, for a ubscrip fense , and then the general limitation for prosecution wa two years; tion for sa.i(l work for use in the public offices of Wa hington, to the and that act had the saving clause which is in this section, that it Committee on the District of Columbia,. should not apply top rsonswhoh..:'td fledfromjustice. Subsequently lly Mr. COBB, of Kansas: The petition of Louis Bryant and other , anactwaspas edmakingcertainoffcnsesagainsttherevenuelawsc:ri.m depot teamsters and hostlers at Leavenworth, Kansas, for payment for inal, and giving five years within which toprosecute; and a fewyears extra Q.ours of labor, to the Confmittee on Claims. later an a~t was passed making participat ion in the slave-trade crim Also, the memorial of W. L. Simons and 64 other members of tho inal, and providing that offenses against that act might be prosecuted Kansas Legislature, relative to la.nds granted to railroads in Kansas, within five years. In neither of those acts is there any such provis claimed to be forfeited, to the Committee on the Pnblic La.nrls. ion as that it shall not apply to persons fleeing from justice. And By Mr. COX: The petition of A. Hamilton & Co., C. F. Hove & where provision is made for a new offense and for a new tatute of Co., and others, importers of hand-made lace goods, in the ci y of limitations, the committee are of opinion that this provlliion in the Boston, for the refluction of duty on all real or hand-made lace goodt> general criminal act could not apply to them. They considered it to 20 per cent. ad valorem,, to the Committee.on Ways and Means. should apply to prosecutions under the general act, and not to those .A.l o, the petition of Brosius & Co. and others, importer , of BaJ.ti where there is a special statute. It is on that ground we propose this mo~'e, of similar import, to the Committee on Ways and Means. change. By ?!Ir. DANFORD: The petition of ~Irs . Charlotte L . Ames, widow The amendment was agreed to. of Horatio Ames, deceased, for reimbursemeut for co tly experiments 1.1r. POLAND. The next amenclment is on page 252, section 1073. made by her husband, ancl for reasonable allowances by way of roy The section was as follows: alty on his patents and inventions, to the Committee on War Cla.irrJH. • SEC. 1073. The said court shall have power to establish rules for its government By lli. ELLIOTT : The petition of l\lary A.. Bowen, for payment and for the re~ation of praAJtice therein, and it may punish for contempt in the for extra services, as messenger in the Patent-Office, of her decea ed manner prescnbed by the common law, and m~y exercise such powers as are neces. SMY to carry into effect the powers grant tl. to 1t by law. husband, Anthony Bowen, to the Committee on Claims. Mr. POLAND. I offer the following amemlment: By lli. HALE, of Maine: The petition of Mary .A.nnFlye, fora pen sion, to the Committee on Invalid Pensions. In line 4, after the words "common law," insert the words "may appoint commis lly Mr. HAYS: Petitionofthe Boards of Trade of Mobile, Alabama) sion rs." and Columbus, Mi sissippi, for the removal f obstruction from the The original act establishing the Court of Claims provided that they Tombio-bee River, to the Committee on Commerce. mio-ht appoint commissioners to take testimony. The later act pro By 1rlr. LAMISON : The petition of Brown Brothers & Co., Duncau, vi1lod i.hat they might appoint commissioners; and the court, as I Sherman & Co., and others, banker and merchants of the city of New tmderstand, is in the practice of appointing commissioners to do vari York, representing that a resumption of spe_cie payments at the earli ous thinrrs besides taking testimony. est pra-cticable time is imperatively required, and praying tha.t no ~Ir. EEDREDGE. Is there no limitation now Y Can they appoint more issues of paper ball take place, and that the greenbacks already commissioners for anr purpo e whatever issued out of the o-called reserve shall be withdrawn again as speedily lli. POLAND. This is the very language of the law, "may appoint as possible, to the Committee on Banking and Currency. commi sioners." The revisers, inasmuch as there was previously an By Mr. LYNCH : The petition of Horace D. Mead, for payment for act authorizing the court to appoint commissioners to take testimony, the proceeds of certain cotton, to the Committee on War Claims. left out the language of the latter act, tlle general language, "may By Mr. O'BRIE.r : The petition of H elen Wyvill, foT a pension, to appoint commiAAioners." We have merely re tored the words of a the Committee op. Revolutionary Pensions and War of 1812, 1002 CONGRESSIONAL RECORD. J.AJ.WARY 29, Also, the petition of John Swearer, for relief, to the Committee on Mr. LEWIS pre ented the petition of F. W. E. Lohman, for himself War Claims. and Samuel Ruth and Charles U. Carter, of Richmond, Virginia, pray By Mr. O'NEILL: The petition of citizens of Philadelphia, for the_ ing remuneration for services rendered the United States Army dm redemption of United States notes with bonds, payable on demand, ing the late war; which was referred to the Committee on Claims. with said notes, to the Committee on Banking and Currency. Mr. CONKLING presented the petition of Eliza Wells, widow and B.v Ur. PARSONS: The petition of William Carl, for the correction administratrix of Henry A. ·wells, deceased, praying for an extension of his military record, to the Committee on Military Affairs. of certain letters-patent, dated April 25, 184fi, for improvements in By Mr. ROSS: The petition of c~tizens of Williamsport, Pennsylya machinery for manufacturing h at-bodies; which was referred to the nia, for the repeal of the second section of the act of J nne~ 1872, which Committee on Pat-ents. makes a reduction of 10 per cent. on certain duties, to the t;ommittee on Mr. RAMSEY. I pre ent a memorial of the Le~islature of the Ter Ways and Means. ritory of Dakota, and also appended to it the petition of a large num By Mr. SCUDDER, of New York: The petition of coasting captains ber of citizens resiuent in the northern part of that Territory, a king and vessel;-owners of New York, for the erection of a light-house at for its division and the organization of a new Territory. I move the entrance of Cold Spring Harbor, Long Island, to the Committee that the memorial and petition be referred to the Committee on Ter on Appropriations. ritories. By Mr. SHELDON: The petition of Octavia W. Besancon, for The motion was a