6572 CONGRESSIONAL RECORD-HOUSE. JULY 6,
and after their report the Secretary of War shall approve it upon the him to the sundry civil appropriation bill; which was referred to the grounds that it is wise and just that it should be taken for the public Committee on Appropriations, and ordered to ba printed. benefit, and also upon the grounds ~t this sum of $150,000 is a just sum to pay for it." That is all there is in this question, and yon may EXECUTIVE SESSION. spend a week in pettifogging over these little amounts and that will be The Senate proceeded to the consideration of executive business. Af the final concln.Sion. It turns on the question of public policy. ter nine minutes spent in executive session the doors were reopened, and • The PRESIDENT pro tempore. The question is on the amendment (at 5 o'clock and 47minutes p.m.) the Senate adjourned until to-mor of the Committee on Commerce. row, Wednesday, July 7, 1886, at 12 o'clock m. Mr. EDMUNDS. I move that the senate proceed to the considera tion of executive business. NOMINATIONS. The PRESIDENT pro tempm·e. The question is on the motion of the Executit·e nomi11ations received by tlte Senate this 6th day of July, 1886. ·Senator from Vermont. .APPOINTl\IENTS IN THE ..tRlrY: Mr. McMILLAN. I think we had better take the vote on j.his ques tion. I hope the Senate will proceed with the consideration of this Capt. Theodore Schwan, of the Eleventh Infantry, to be a sistant bill until we get this item disposed of certainly. If we hope w get adjutant-general with the rank of major July 6, 1886. through with the business of the session in time adjourn at reason Fitz-John Porter, late colonel of the Fifteenth Infantry, to be colo to a nel in the Army of the United States, to 11U1k as such from May 14, able day it behooves the Senate, I think, to proceed with the business in hand. Certainly an executive session can be held at any time. 1861 (that being the grade and rank held by him at the time of his The PRESIDENT pro tempore. The motion is not debatable.- The dismissal from the Army), in accordance with the provisions of an act question is on the motion of the Senator from Vermont. of Congress approved July 1, 1886. Mr. McMU-LAN. I call for the yeas and nays. The yeas and nays were ordered, and the Secretary proceeded to call CONFIRMATIONS. the roll. • Executlt·e nominations confirmed by tlte Senate Jul.lf 6, 188G. Mr. .GRAY (when his name was called). I am paired with the Sen . ator from Rhode Island [Mr. CHACE]. ASSISTANT SECRETARY OF THE TREA URY . Mr. SAULSBURY (when his name was called). lam pai~ with the Hugh Smith Thompson, of South Carolina, to be Assistant Secretary Senator from Vermont [Mr. MoRRILL]. of the Treasury. The roll-call having been concluded, the result was announced-yeas POST)!A.ST.ER. 31, nays 1~; as follows: YE.A.8-31. Henry J._Winn, to be postmaster at Birmingham, Jefferson County, Berry, Cullom, Jones of Arkansas, Riddleberger, Alabama. BJackbui·n, Edmunds, Kenna., Sherman, Brown, Eustis, McPherson, Teller, Butler, George, Manderson, Vance, Call, Gibson, 1\'Iaxey, Walthall, Cameron, Harris, Payne, "\Vbitthorne, HOUSE OF REPRESENTATIVES. Cockrell, Hawley, Platt, Wilson of Md. Colquitt, _ Ingalls, Pugh, TUESDAY, July 6, 188u. N.A.Yd-18. The House met at 11 o'clock a. m. Prayer by the Chaplain, Rev. W. Blair, Frye, Miller, Sewell, H. MILBURN, D. D. Coke, Gorman, l\Iitchell of Oreg., Stanford, Conger, Harrison, Palmer, Vest. The Cler.k proceeded to read the Journal of the proceedings of yes Dawes, Hearst, Ransom, terday, when Dolph, l\IcMillan, Sawyer, On motion of Mr. BRECKINRIDGE, of Kentucky, by unanimous .A.BSENT-2i. consent the reading of that part of the Journal relating to the introduc Ald.rich, Fair, Logan, Sabin, tion and reference of bills and resolutions was dispensed with. Allison, Gray, Mahone, Saulsbury, The remainder of the J oumal was read and approved. Beck, Hale, Mitchell o!Pn., Spooner, llowen, Hampton, Morgan, VanWyck, LE.A. VE OF .ABSENCE. Camden, Hoar, l\Iorrill, Voorhees, Chace, Jones of Florida., Pike, Wilson of Iowa. By unanimous consent leave of absence was granted ns follows: Evarts, Jones of Nevada, Plumb, To Mr. DmBLE, for one day. ·So the motion was agreed to. To Mr. SPRIGGS, indefinitely, on account of importnnt business. PRESIDENTIAL APPROVALS. WITHDRA. W A.L OF P .A.PERS. A message from the President of the United States, by Mr. 0. L. Mr. BRADY, by unanimous consent, obtained leave to withdraw PRUDEN, one of his secretaries, announced that the President bad on from the files of the House, 1rithout leaving copies, papers in the claim the 3d instant approved and signed the follow.Jlg acts: of the Washington and Ohio Railroad Company. .An act (S. 16) for the relief of J. A. Wilson, administrator de bonis PENSIO:NS. non of the estate ofGregory Jarratt, deceased; The SPEAKER. A bill transmitted from the Senate has been mis An act {S. 498) for the relief of George T. Dudley; and lii.d; and the Chair therefore lays before the House for adoption a res An act (S. 1352) granting the right of way to the Leavenworth, Nor olution, which the Clerk will read. thern and Southern Railway Cqmpany through the military reserva The Clerk read as follows: tion at Fort Leavenworth. Resolved, That the Senate be requested to transmit, to the House an engrossed ENROLLED BILLS SIGNED. copy of Senate bill No.l526, "amending sections 4756 and 4757 of the R-evised Statutes, relating to pensions of certain disabled persons who have served in the A message from the Honse of Representatives, by Mr. CLARK, its Navy or Marine Corps," the original having been mislaid in the House. Clerk, announced that the Speaker of the House had signed the follow ing enrolled bills; and they were thereupon signed by the President pro The SPEAKER. If there be no objection, this resolution will be tempore: adopted and the Clerk directed to make the request of the Senate. A bill (S. 2692) to amend and correct the act approved June 1, 1886, There was no objection, and it was ordered accordingly. · granting a pension to J. H. Thornburg; and N.A.V.A.JO INDIAN AGENCY. A bill (S. 503) relating to the supreme court of Montana. Territory, The SPEAKER ]aid before the House a letter from the acting Sec and providing for the establishment of judicial districts in said Terri retary of the Treasury, transmitting an estimate from the Secretary of tory. the Interi01: for pay of employes at Navajo Indian agency, New Mexico, llOUSE BILL REFERRED. for the current fiscal year; which was referred to the Committee on The joint resolution (H. Res. 199) providing for printing eulogies de Appropriations, and ordered to be printed. livered in Congress upon the late Michael Hahn was read twice by its PUBLIC BUILDING .AT VICKSBURG, MISS. title, and referred to the Committee on Printing. Mr. CATCHINGS. I ask unanimous consent that the Committee of 1\IA.RY . J. NOTTAGE. the Whole House on the state of the Union be discharged from tbe 1\Ir. BLAIR. Before the doors arc closed, I ask for the adoption of further consideration of Senate bill No. 179 and that the same be now the following order: put on its passage. Orde1·ed, That Senate Report 1424 be reprinted, the files being exhausted. The bill (S. 179) to provide a building for the use of the United States The order was agreed to. courts, post-office, custom-house, and internal-reYenue offices at Vicks Mr. EDMUNDS. What is the report? burg, Jl.1iss., was read, together with an amendment reported by the Mr. BLAIR. It is the report on the bill (S. 2005) granting a pension Committee on Public Buildings and Grounds. to Mary J. Nottage-one of the vetoed pension bills. The SPEAKER. Is there objection to the present consideration of this bill? .A.l\IEND~IENT TO .A. BILL. Mr. MORGAN. I desire to inquire whether any United States Mr. EVARTS submitted an amendment intended to be proposed by court is now authorized by law to be held at this point. 1886. CONGRESSIONAL RECORD-HOUSE. 6573 •
Mr. CATCHINGS. There are no United States courts authorized not dependent upon the son for support. With reference to that this to be held there now, and the bill does not so recite. state of facts is· found to exist from the record. Mr. .MORGAN. It proposes to erect a conrt-honse. Mr. SENEY. .What is the other ground on which the veto message Mr. CATCHINGS. No, sir; a building for the use of the public is based? offices there now, and as a court-house, if conrts should be authorized .Mr. TAULBEE. On the ground of the desertion of the soldier. I to be held there. will bring them both up in their proper order. Mr. BRECKINRIDGE, of Arkansas. I wish to inquire whether The facts shown by the record with reference to the dependence of any United States court sits at this point now. the father upon the son arc about these: Carter W. Tiller was a plas- Mr. CATCHINGS. No, sir. terer by trade, and resided in the city of Louisville, Ky. In 1861 his Mr. MORGAN. That is the very point about which I inquired. only son, a bright, beautiful, and obedient boy, enlisted in Company M~ BRECKINRIDGE, of .t\rkansas. I must object. A, Twenty-eighth Kentucky Regiment., and followed his command VETO MESS..iGE-CARTER W. TILLER. down into Alabama. In 1862 the soldier was captured by the confederates, and was after Mr. McMILLIN. I call for the regular order. ward returned to duty, and served faithfully, as shown by his captain's Mr. TAULBEE. I rise to a question of privilege, and call up for affidavits, and also by the affidavit of the captain of Company B, of the present consideration a bill which has been vetoed by the President-the same regiment, and of the second lieutenant of Company A, his own bill (H. R. 4002) granting a pension to Carter W. Tiller. company, until the 20th of September, 1863, when, near Stevenson, The bill was read, as follows: Ala., he was found to be absent from his company; and on the making Be it enacled, &c., That the Secretary of the Interior be, and he is hereby, f th t ll £ th ths f S te b d Octob 1863 nnthorized nnddirectedtoplace the name of Carter \V. Tiller,dependentfather up 0 emus er-ro s or e mon ° ep m er an er, ' of G. W. Tiller, late a private in Company A, Twenty-eighth Kentucky Volun- the captain made this entry: "Deserted September 20, 1863." The teer Infantry, on the pension-roll, subject to the provisions and limitations of subsequent report made by the Adjutant-General's Office, and taken the pension laws. from the ])rison hospital records of Andersonville, shows that this sol- 1\Ir. GIBSON, of West Virginia. Before this matter is considered I dier was admitted to the hospital about July 21, 1864, and that he died hope the gentleman from Kentucky will allow me to introduce a reso- on the same day from diarrhea. lution of courtesy on the part of the majority to the minority. There These facts were ascertained by the Commissioner of Pensions when is no objection to it, I understand. .- the father of this soldier applied for a pension. 1\:lr. TAULBEE. I have no objection. Previous to the enlistment of the son the father had been disabled The SPEAKER. The gentlemana from West Virginia asks consent from the performance of manual labor; and the authorities of the city for the present consideration of a resolution which will be read. of Louisville gave him a position on the police force at $1.75 a day. The Clerk read as follows: That was in the year 1859. In 1864, while the father was still on this .Resolved, That John T. Chancey be continued in the service of this House as force of the city of Louisville, in the discharge of his duty as detective heretofore until otherwise ordered, with the same compensation- and policeman, he was shot with a bullet through the left arm and 1\Ir. 1\IcMIL.LIN. I have demanded the regular order, and I can not entirely through the body, rendering him, as shown. by the affidavits exercise in this matter any respect of persons. of some of the most eminent physicians of Louisville, wholly incapa- The SPEAKER. The regular order is insisted upon. The gentle- ble of performing manual labor. But, as shown by the written state- man from Kentucky [Mr. TAULBEE] is entitled to the floor. ment of my honorable colleague from Kentucky (:Mr. WILLIS], a mem- Mr. TAULBEE. Mr. Speaker, a great deal bas been said on this ber of this House, who is well acquainted with this gentleman, Carter floor with reference to the veto messages of the President on these pri- \V. Tiller, be was retained on the police force more in consequence of vate pension bills, and I think a great deal more has been said than his high standing as a man in the community in which he lived and ought to have been said; and there has been that character of talk which for the valuable service rendered prior to his disability than for the was not justified by the facts in the case 9r by the premises. At the service performed on the police force of Louisville. outset, .before stating this case, I wish to disavow any purpose what- Prior to the enlistment of this son he worked with and for his father. e\er to criticise the President as to the exercise of a constitutional right After his enlistment and prior to his death he contributed of his earn which he possesses, or to make any attack on his methods or style in iugs, during his military service, to his father and his aged mother, who the veto of pension bills. These are matters in which I feel but little died a short time before his capture. In the message of the President concern except so far as they relate to the general good. this statement is found: 1 The facts of this case are all set out in the report which I submitted on It is probably true that the son while in t.heArmy sent money to the claimant. the 2d day of this mont~, an~ had pr~nt.ed in t.he RECORD, on pa~es 6448, On that subject, Mr. Speaker, there can be no doubt. The captain 6449, and 6450.. 1\Iy ObJeCt m sub~ttmg. this r.eport was. to gt_ve ev~ry of his company swears that he knows of this soldier having seut money gentleman on thlS !l~r an opportumty to mves~Igate to hlS .satlSfactwn home to his father more than once during his service. The second all the facts pertammg to the case. I regard It as a peculiar tion of the question of dependence; and, as is shown by the record, the ure, he having been captured with Tiller, and the date as given in thl\ written statement of my colleague· [:Mr. WILLIS], who is acquainted record precludes the idea of any fabricated statement on his part. with the facts, the salary which this man derived from his position was Mr. WE A. VER, of Nebraska. How much is the discrepancy? given him more as a. matter of charity than as a remuneration for his 1t1r. TAULBEE. Six days. The record of Castle Thunder, where services. Bottger was taken, is now ill the War Department, and it shows that I maintain that even taking for granted that this salary of this man hfl w.as captured on the 6th day of September, 1863, that he was treated was amply suffici~nt for his support, with t,hat statement of facts star as a prisoner ofwal', and that he was kept in Castle Thunder for about ing us in the face we m!lSt be driven to the conclusion that the income a year and then discharged. ofthis man under the ruling of the Secretary of the Interior could not Mr. DOUGHERTY. Will the gentleman permit a question? properly be <'.Onsidered as a bar against his receipt of a pension. Mr. TAULBEE. Yes, sir. Mr. REAGAN. Ifitwould not inten·upt the gentleman from Ken Mr. DOUGHERTY. If the Honse sb,puld refuse to pass this biUJov-er tucky, I would inquire if he has information as to where this soldier the \eto of the President, would that preYent this man from having a was from the time he was marked as a deserter, in September, 1863, reopening and rehearing of his case at the Pension Office upon the ad until he got out of Libby prison, and how he came there'? ditional evidence that has no\v been produced, and of which the Presi Mr. TAULBEE. Now, Mr. Speaker, with reference to the prison dent had no knowledge? l'ecord of this soldier, there is but one witness who testifies in this case Mr. TAULBEE. It certainly would, Ur. Speaker. as to the capture of the soldier from personal knowledge; and that was Mr. WARNER, of Ohio. How would it? a civilian employe of the regiment, or an attache of the regiment, a Mr. TAULBEE. There is a ruling of the Commissioner of Pensions teamster, who is certified to be of credibility and high standing iu his here in which he holds, in substance, that after a man bas applied to community. . He.testifies that on or about September 20, 1863, he and Congress for relief he has waived e>ery right to a pension that he had this soldier, and another soldier perhaps, were captured by General under existing law. Wheeler's ca.va1ry at or near Bridgeport, Ala. Mr. McltHLLIN. On the contrary, Mr. Speaker, there Rre several • A MEMBER. At what date? cases in which the statement has been made to this Honse that the ap 1\fr. TAULBEE. On or about September 20, 1863. I think I will plicants ceased further exertion here because since the time of the filing be a.ble to show the precise date before I get through. The captain who of their claims before·the committees of this Honse they had been al made this entry on the muster-roll of the company afterward testified, lowed pensions by the Pension Office. and his affidavit is found in the record. The substance of his testimony Mr. MATSON. If my colleague on the committee [Mr. TAULllEE] is about this: .A short time previous to September 20, 1863, he and will permit, I think I can expbin the proposition in regard to which his company and Company B of the same regiment were sent to guard he has been misled. The Secretary of the Interior, or at least the Com a wagon-train of supplies from Stevenson, Ala., to Paint Rock, in the missioner of Pensions, has held that where n. man 1·eceives a pension same Stn.te. He testifies that this soldier, George ,V. Tiller, was left certificate under a special act of Cengress he is estopped from prosecut in camp. The excuse for his being left he does not remember, but he ing any claim that he may have in the Pension Office; but there is no does remember his excuse was a proper and a lawfnl_one, and when he ruling which will prevent the man from completing any claim that he returned it was reported to him by "credible persons''-he uses that may have pending in the office because of his having made an applica expression-that this man George W. Tiller was so sent out on some tion to Congress for relief. kind of duty, he does not remember the nature of it, but he was re Mr. TAULBEE. Mr. Speaker, while we m·e on this point I will ported captured. This charge of desertion, as the captain swears, was read the decision of the Commissioner of Pensions to which I ha>e re entered against the soldier's military record from the fact that he as ferred, and which is dated January 29, 1886. It is in reference to the captain had no personal knowledge of the capture of this soldier. He case of Samuel Schuler. I read: seems to have entered this charge of desertion to begin on the last d..'l.y This case coming before the Commissioner, he dccide.s that, the pensioner hav of the presence of this man on the daily call of his company. ing appealed to Congress for special legislation in his behalf, thereby waived bis Witness Bottger, who testifies as to the capture of this soldier, says right under the general Jaw, and should have plead before that. IJody nll the he does not remember the date, or he does not fix the date. He testi causes of action under which he belie,·ed himself entitled. fies tlmt after they were captured they were turned over by General That is the decision of the Commissioner of Pensions, and 1heiefore Wheeler's cavalry to General Longstreet at his headquarters. It is a I was correct in what I said iu answer to the gent1emau from Floritla. matter of history, and General Wheeler's recollection will bear me out (Mr.· DouGHERTY], that if we, as the representatives of the people, in the statement, that about this time or shortly subsequent to this now deny this man the relief which he asks, he is forever barred under elate General Wheeler was leaving that immediate vicinity with his existing law, according to the decision of the Commissioner of Pen· cavalry, after having patroled that country and captured a number of sions which I have re-:1d. No other construction can fairly be put Ul)OU prisoners, and that he turned these prisoners over to General Longstreet that decision. at his headquarters. Now, Mr. Speaker, I ask members who m·einterested in ascertaining Mr. SOWDEN. :May I ask the gentleman a question? the real facts of this case to·glance over the letters of the Adjutant-Gen J,Ir. TAULBEE. Yes, sir. eral, which will be found on page G449 of the CmmRESSIONAL RECORD, Mr. SOWDEN. Is there any evidence ofanyother members of this and which Ibave not time to read. The proofs show that while this company having been captured about this time? - man was captured and reported as :1 deserter, numerous others were in Ur. TAULBEE. Yes, sir; you will find that in the record. I am like condition, on whose military record to-day there is not the slight n.sked by the gentleman from Pennsy1 vania ifthere is any l'ecord of other est stain or taint. · members of this company having been captured at or about the same One man, as appears in this letter, is reported on the muster-roll as time. I am very much obliged tothegentlemanforthesnggestion; for having been captured; but on the occasion in question, as is shown by I had taken the precaution myself to go to theWar Pepartment and have the military records, there was an engagement and a portion of the the Adjntrnlt-General incorporate iu his letter addressed to me a state Federal forces made their escape, which accounts for the entry of" cap ment of a number of men who were captured at or about the same time tured" on that muster-roll. It seems from all the records to have been and who were reported as deserliersupon their company rolls and whose the custom at that time, e.specially with this particular cn.ptain, that confinement in the confederate prisons corroborates the statement or the where all the men who were engaged were captured and none were conclusion that they were captured at the time claimed. · left to tell the story, the only entry he could make was that of deser Mr. WE.A. VER, of Nebraska. At the same place? tion, whereas in engagements where n. portion of the Federal forces :Mr. TAULBEE. At or near the same place. Only one was captured escaped to report the enga~ment, they were reported as having been with him, and I think he died in prison, as shown by the prison record. captured in battle. Nothing is more reasonnble; and if you will read But, further, Witness Bottger, who testifies positiv-ely as to the capture, this·veto message and this report closely, you will find that with the gi vt>s the history of his prison life, and in the record (which will be found limited investigation had upon this man's military record, the Com iu the report printed on page 6448 of the CONGRESSIONAL RECORD) it missioner .of Pensions was thoroughly satisfied as to that record; and will be seen tha~ he is corroborated by the records of the confederate the rejection of this claim was b~scd !llone upon the question of the military prisons in every statement he makes. This nian was taken to n. dependence of the fat,her upon the son at the time of the son's enlist rebel prison in Virgini(l>, from there he was consigned to Castle Thunder, ment and death. and Tiller, as Bottger testifi~, was sent from there to Andersonville. Mr. SOWDEN. Will the gentleman yield for a question? There is no record reliable in the War Department of the prison at Ander, :Mr. TAULBEE. Yes, sir, I will yield for any question; I want the sonville during this period, and the authorities are driven to the neces facts dev-elope<.l. I want to deal fairly with this case and with e,·ery sity of relying upon the hospital reeord of that prison. Therefore we do body. not find Tiller's capture noted in themilitaryprison records now in the .Mr. SOWDEN. If this father was dependent upon his son for sup War Department. The only evidence of his prison life is that we :find port, w b.y did he not apply for :1 pension until more than ten years after lhat after his confinement in Andersonville, as is shown by the evidence the death of the son upon whom be is alleged to have been dependent? of Bottger, he was admitted to the confederate prison hospital at An Mr. TAULBEE. That is a Yery proper question. I am asked, if dersonville, Ga., and died there of diarrhea. this father was dependent upon the son for support, why did he not Now, Mr. Speaker, I maintain that this is one of the strongest ca'3es apply for a pension before 1877? Now, what is shown by the facts in that could be made by record and oral evidence. I maintain that tbc this case? As I stated a while ago, the father had a small amount of apparent discrepancy of dates between Bottger s statement of his capt- property, and as long as there was n. dollar of that property left h~ made 1886. CONGRESSIONAL RECORD-HOUSE. 6575: .no complaint; but in 1867 he had to sell this property to make up the on to state the reason why I do not introduce a new bill nearly at the deficit of his support afforded by his earnings; and not untill876 did clo36 of the session, leaving this stigma of desertion against an honora he find himself incapable of procuring for himself a support after the ble soldier who gave his life to his country for the privileges we enjoy property on which he had hitherto drawn had been exhausted. At that as citizens and as members of Congress. time he found himself in such a condition that he was driven to the un J,{r. BEACH. We can pass a new bill sooner than we can override pleasant necessity of applying to the Government for support in conse the veto of the President. quence of the capture and death of his son. A13 long as he had a dollar Mr. TAULBEE. I have been asked why these facts are not made of his property he wouldnotcomplain; but when his entire estate was known to the President. I say they are known to the President. I exhausted, as is. shown by the official records of the city of Louisville, have beard that the Secretary of War submitted these facts to the Presi- · then this man, whose noble character as a citizen has been testified to dent after his veto message came to the House. l do not wonder the by my colleague [Mr. WILLIS], was driven tothedisagreeableneeessity, President does not withdraw his veto; his jurisdiction has ceased so far which so many disabled soldiers and bereft parents have to experience, as that veto is concerned. If he wishes to be consistent he will do as of asking the Government for alms. every fair-minded man should-take such action as the facts will justify, On this point I maintain that the clafm of this father to a pension and at the same time do justice to this soldier, which the President is was eminently fair and just. The Committee on Invalid Pensions dur as anxious shall be done as any man on this floor, I doubt not. ing this session of Congress has reported unanimously a bill now on the Mr. WARNER, of Missouri. Will the gentleman permit me to ask Calendar, and which I doubt not will become a law, providing that in him a. question? case of application from a parent for a pension on the ground of de Jfir. TAULBEE. Yes, sir. pendence upon a son who lost his life by reason of military service, de Mr. WARNER, of Missouri. I ask the gentleman this question: I pendence at the time of the death of the son need not be shown, but ask him whether or not all the material facts in this case which have present dependence shall authorize the parent or parents to receive a been stated on this :floor were not accessible to the President in the pension. I regard this as one of the fairest and most humane laws that papers of the case or from the records of the Department? could be passed by this Congress. Suppose the case of a. man who at the Mr. TAULBEE. I wish to say, :Mr. Speaker, that the records no\7 time of his son's enlistment was worth $20,000, if you please, ·and who, incorporated in this report and before the House were accessible to aU having lost that bright son in the war, meets afterward "'\\ith reverses; who would take the trouble to go to the \Yar Department and search, show me the difference between the son's obligation to his father in that as I did for four long hours, over the musty prison records of the con case and the obligation of the son to a father who bad nothing at the federacy until I searched out this record. time of the son's enlistment. You can not make a distinction. But the President acted on the written statement of the Adj ntant The cases must stand upon the same footing. Numerous pension General of the United States .A,rmy, who-, in response to an inquiry of bills have passed this Congress in cases where the parent at the time of the Commissioner of Pensions, said there was no such record found in his the son's enlistment was not dependent upon him for support, but office. The President could but conclud-e that was true, and on that afterward met with reverses and became dependent. One notable case statement he acted. But on the evidence our committee had receired was that of the widow of an ex-State treasurer of Kentucky, a case in they believed other records existed, and when written inquiry failed to which the bill was introduced by my colleague [Mr. BRECKThTRIDGE, develop them I went in person. I lost three days from this House of Kentucky] and is now a la.w. The treasurer of our State at the time nearly entirely devoted to searching those prison records for nearly four of his son's enlistment in the Army was amply able to support his hours in one day to find all the fads in order that I might have thf' family. The son was killed in action; the father died; the estate be Adjutant-General incorporate them in his letter giving this soldier all came wasted; and the mother is now upon the pension-roll by the sanc the benefits he was fairly entitled to. tion of both Houses of Congress and the President. Mr. HEPBURN. Let me inquire of the gentleman from Kentucky But I call attention to the fact that the President does not put his ·whether it is true that affidavit of B. H. Bottger, who was captured at veto upon· any ground with reference to the dependence of the parent. the same tinie as George W. Tiller, was before the President? Wus Declaring himself satisfied with the decision of the Commissioner of not that part of the record as made up in this pension case? Did he not Pensions on that point, the President bases his veto upon the military also have before him the affidavit of J. A. Weatherford, second lieuten record ofthe son. ant oftbLc:; man's company, showing Tiller was not a deserter, and that Ur. Chairman, there is another and graver question involved in this he was captured in the line of duty? Did he nvt also have before him controversy than that of the relief of this father. Here is the case of a the :Ulidavit of William E. Benson to the same effect, Benson being young man who went out to defend his country. Yon of my colleagueS captain of the company? who know something of the privations of war, the hardships ofbattle, Mr. TAULBEE. The gentleman is correct. I wish to say fur~her the toil c The SPEAKER pro tempore. Does the gentleman insist on his de Riggs, Smalls, St<>rm, Tucker, . Rockwell, Snyder, Swope, Wait mand for the yeas and nays? Rogers, Spriggs, Taylor, E. B. Ward,J.H. :M:r. ANDERSON, of Kansas. I insist on the yeas and nays. Sawyer, Stahlnecker, Taylor, J. M. Whiting. The SPEAKER pro ternpore. The gentleman from Indiana moves Scott, Steele, Thomas, J. R,. Sessions, Stewart, J. W. 'rhrockmortoo, that the further consideration of the bill be postponed to be called up Shaw, St all. However, in courtesy to the gentleman from Missouri (Mr. HEARD] resolution was passed; and also moved thnt the motion to reconsider I will withdraw my vote, provided it makes no difference in there- · be laid on the table. s~t · The latter motion was agreed to\ The SPE.AKER. It will make no difference. ORDER OF BUSINESS. Mr. ADAMS, of illinois. Then I withdraw my vote. Tho result of the vote was then announced as above recorded. Mr. BROWN, of Pennsylvania. I ask permission to make a reporb. The SPEAKER. The gentleman from M:issonri has moved to dis DANIEL J. BINGMA...~. pense with the morning hour. Mr. BURROWS. 1\fr. Speaker, I ask unanimous consent for the The regular order was demanded. present consideration of a resolution which I send to the desk. The question being taken on the motion of Mr. DURNES, there were Mr. BURNES. Regular order. ayes 102, noes 19. The SPEAKER. TheChairwill state that the resolution which the Mr. BROWN, of Pennsylvania. I make the point that no quorum gentleman from Michigan desires to oft'er relates to a bill which has has voted. passed both the House and the Senate, granting a pension to a certain Several:l!IK.'\IBERS (toMr. BROWN, ofPennsyl>ania). Withdraw the claimant who has since had his pension granted in the Pension Office. point. The gentleman from Michigan therefore desires to withdra v the bill 11Ir. BROWN, of Pennsylvania. All I ask is to make a report. It from the President. will not take a minute. Mr. BURROWS. The pension has not been granted, Mr. Speaker, The tellers were ordered; and 1\Ir. BURNES and Mr. BROWN of Penn but the ground on which it was previously rejected by the Pension Of- sylvania were appointed. • fice has been reconsidered by the office and declared to be without The House again divided; and the tellers reported-ayes 145, nays 21. foundation. I therefore desire to have the bill suspended until the So(two-thi.rdshavingvotedinfa>orthereof)themotionofMr.BuRNES Pension Office shall have acted on the case, and this is the last da.y ~as agreed to. when I can have that done. DEFICillKCY .APPROPRIATION BILL. The resolution was read, as follows: Mr. BURNES. I move that the House now resolve itself into Com Re$olved by the House of Repl'csentatives (the Senate concuJ"''ing), That the Presi mittee of the Whole House on the state of the Union for the purpose dent be respectfully requested to retur.n to the House of Representatives the bill of the Honse 3501, granting a pension to Daniel J. Bingman. of resuming the consideration of the general deficiency bill. . The motion was agreed to. The resolution was adopted. The House accordingly resolved itself into Committee of the Whola LEGAL REPRESENTATIVES OF JOHN 1\I. ROBESON. House on the state of the U~ion, and resumed the consideration of the bill (H. R. 9726) making appropriations to supply deficiencies in tho Mr. RICHARDSON submitted the following report: appropriations for the fiscal year ending June 30, 1886, and for prior '£he committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill tS:209) for the relief of the legal repre ye..1.rs, and for other purposes. sentatives of John M. Robeson, deceased, having met, after full and f1·ee confer The pending question was upon the following amendment, submitted ence have agreed to recommend and do recommend to their respective Houses yesterday by Mr. BUTTERWORTH: as follows: That the llouse rt~oode from its amendment to the bill of the Senat.e. At the end ofline-45, page llO of the bill, insert the following: JAMES D. RICHARDSO~, "To pay the ?t!agnolia Fire and Marine Insurance Company, of Cincinnati, J. LY.l\IAN, Ohio, 55,333.33: to the City Insurance Company, of Cincinnati, Ohio, ~3,000; to Manage1·s on the pm·t of the House. the American Insurance Company, of Cincinnati, Ohio, $5,744.52; to the National Insurance Company, of Cincinnati, Ohio, $3,000; to the Central Insurance Com JOHN H. :MITCHELL, pany, of Cincinnati, Ohio, $3,000; to the Eureka Fh·e and Marine Insurance Com GEO. GRAY, pany, of Cincinnati. Ohio, $!,574.19; to the Citizens' Insurance Company, of Cin Managers on the pa1·t ojthe Senate. cinnati, Ohio, $1,744.52; to the American Insurance Company, of Cincinnati, Ohio, $1,744..52; to the l\Iagoolia Fire and Marine Insumnce Company, of Cin· The follomng statement nccomp::tnying the report of the committee cionati, Ohio, $.2,287.10; to the City Insurance Company, of Cincinnati, Ohio, of conference was read: $287.10; to the American Insurance Company, of Cincinnati, Ohio, $-!,66i." The claimant in this case, John M. Robeson, now deceased, was the owner of a foundry in Independence, Mo., during the 1ate war between the States. His The CHAIRMAN. On the amendment submitted yesterday by the foundry was taken possession of by the United States .Army in the year1862, and gentleman from Ohio [Mr. BUTTERWORTH] a poiut of order was re the s~tme was used in this way for some months. The claimant asks for $1.8,220 served by the gentleman in charge of the bill [Mr. BuRNE ]. for his property taken and used by the .Army, and some of which was destroyed. The Senate found that the prope1·ty of claimant so taken and used amounted in Mr. BUTTERWORTH. Mr. Chairman, when this amendment was value to Sl,OOO, which was made up of three items, as follows: 5 tons of wrought offered last evening, just before the Committee of the Whole ros-e, my it·on, lfl)OO; 3 sets of smiths' tools, 5300, and seasoned lumber, $200; total, $1,000. friend from M:is,souri reserved a point of order against the amendment. The biU, having passed the Senate, was pending in the House, and was amended by striking out the amounts allowed in the two Uems, smiths' tools $300 and .I do notknow whether he did so from force of habit orwhether he was seasoned lumber $200, making$)()(), and the bill as passed by the House only al serious. If he insists on the point of order, I wo~d be glad to hear lowed $500 for the wrought iron. The conferees on the part of the House are of Uj)On what it is based. opinion that claimant should be allowed compensation for the items of smiths' tools and seasoned lumber, amounting to $500, and they therefore have recom Mr. BURNES. Ur. Chairman, I am not aware ofanylawauthoriz mended that the House should recede from its amendment, being satisfied all of ing this amendment, unless we go back to some principle of the com said property thus allowed for was taken and used by the Army. mon law and by argument conclude thab the provision is thereby au JAMES D. RICHARDSON, J.LYMAN, thorized. If the gentleman from Ohio is aware of the law upon which Managers on th~ part of the House. this proposed appropriation is based he can readily present it; and The report of the committee of conference was agreed to. when he shall have submitted it, I will allow the Chair to pass upon Ur. RICHARDSON moved to reconsider the vote by which the report ib without any further argument. was agreed to; and also moved that the motion to reconsider be laid on Mr. BLOUNT. Before the gentleman from Missouri takes his seat, the table. ' I wish to ask him whether the present Comptroller has not reJected The latter motion was agreed to. these accounts ? Mr. BU.~NES. Yes, sir. EULOGIES ON HON. :1\IICHAEL HAHN. Mr. BLOUNT. This bill, as I understand, provides simply for j udg Mr. BURNES. I rise to move to dispense with the morning hour ments and audited accounts, not for controverted claims. for the call of committees, but I yield for a moment to my friend from Ur. BUTTERWORTH. I did not hear what the gentleman from Louisiana [.Mr. WALLACE], who wishes to submit a matter relating to Georgia said. a, dece.ased member. . l\Ir. BLOUNT. I asked whether it was not true that the present 1\Ir. W ALLA.CE. I ask unanimous consent to introduce for present Comptroller has examined these accounts and deteriJ].ined against them? ·Consideration a joint resolution, to which, I think, when the Clerk has l\Ir. BUTTERWORTH. Yes; that is true. . read it, there will be objection. Mr. BLOUNT. Is it not also true that in this bill simply judgments The Clerk read as follows: and audited accounts are paid, not claims, sothatonthis bill the amend· Joint resolution providing for printing the eulogies delivered in Congress upon mentis not in order? the late Michael Hahn, a Representative in the Forty-ninth Congress from Mr. BUTTERWORTH. I will state to my friend that these claims the State of Loui.iiana. were heretofore examined, audited, and reported for payment, and a part ResoLved by the Senate and House of Re-pre$en.tatives, &c.., That there be printed of them was paid by the lasb Congress. But without authority and of the eulogies delivered in Congress upon the late 1\lichael Hahn, a Represent ative in the Forty-ninth Congress from the State of Louisiana, 12,500 copies; of without j nrisdiction some of them were returned to the present Com p which 3,000 copies shall be for the use of the Senate and 9,500 for the use of the troller, who proceeded to re-exa~ine them aud reports against their pay House of Repre entatives. And the Secretary of the Treasury be, and he is ment. hereby, directed to have printed a. portrait of the sa.id Michael Hahn to accom pany said eulogies; and for the purpose of engraving and printing said portrait 1\Ir. BLOUNT. How are we to determine the matter? Docs the gen the sumof$500, or so much thereof a.s maybe necessary, is hereby appropriated, tleman want us to assume that the Comptroller was not doing his duty out of any money in the Tt·easury not otherwise a.ppropriated. in examining the accounts? I take it the presumption is the other ThCI·e being no objection, the joint resolution (H. Res. 199) was read way. twice, and ordered to be engrossed for a third reading; and being en Mr. BUTTERWORTH. I assume that by an examination of the grossed, it was accordingly read the third time, and passed. law we are to judge for ourselves whether the House has jurisdiction Mr. WALLACE moved to reconsider the vote by which the joint to do what it is asked to do in this case. 1886. CONGRESSIONAL RECORD-HOUSE. 6579 Now, in answer to my friend from Missouri I will say that these are has the reviewing power I do not question; but that the Secretary of claims of several insurance companies which were audited and a part of the Treasury had the right to review or to direct the review is settled which was paid by the last Congress. I have heretofore brought them by the very language of the statute itself, a few lines of which I desire to the attention of the Committee on Appropriations, who I presume to read to the Chair. I do not know that in the decision of the ques are familiar with them. They were reported in the Book of Estimates tion of order it will cut any figure, but if it does I would like it to be to the Forty-eighth Congress; and a portion of them having been paid, before the Chair. these come over to this Congress, with an adverse finding I admit, by Now, as I have stated, if the Chair pleases, these claims covered by the Comptroller. I can not conceive that the ·amendment is subject to the amendment were reviewed and an ·adverse report rendered, but any point of order. without authority as I insist; and under the language of the statute The CHAIRMAN. The gentleman must understand the Chair itself they are res adjudicata, the statute providing that the question of knows nothing about this matter whatever. the liability of the Government in such case shall not be raised by a Mr. BUT'£ERWORTH. I will say, Mr. Chairman, that unde1· a pro bead of an Executive Department, but that they may review the case vision of law, the statute of 1849, revised and re-enacted 1864, it was in the manner pointed out in the statute, beyon~ which there is no re provided that all horse.'3 and other property, including steamboats, view except by Congress or by the courts. W1thout doubt we are a which should be taken and used by the Government, by impressment law unto ourselves, and often abuse our privilege, I may add. or charter in cases when the property should be lost or destroyed while Touching this power of the Secretary of the Treasury to review the in the service of the United States should be paid for at its value. adjudications of the class of claims covered by my amendment, I wish It was the act of March 3, 1849, as amended by the act of March 3, to read from the Opinions of the Attorney-General, on page 17 of this 1863; and it now appears as section 3483 of the Revised Statutes. document, whicb I hold in my hand: During the years 1863-'64 certain steamboats belonging to citizens (ff Accordingly, in so far as section 191 applies to the heads of Department~. the Cincinnati and that locality were impressed into the service of the legal effect produced thereby is simply this: It prohibits tbe Secretary of the Treasury from changing or modifying the balances appearing upon the certifi United States. They were lost in the service, not destroyed by the cates of the First Comptroller and Commissioner of Custom!!, whereof copies enemy, but lost by accident while plying on the ·waters of the Ohio and have been transmitted to him by the Register; it prohibits the Secret&ry of War, :MissL~ippi, either burned while in the service or sunk on snags in the from changing or modifying the balances certified to him by the Second Comp- · troller, and so with respect to other heads of Departments to whom balances river. _ . ma.y be certified by the Comptroller. Claims were presented to the Quartel1Laster's Department, the proper But it authorizes the Secretary of the Treasury, where balances a.re certified dep~rtment of the Government, and under statute authorizing inYes by the First Comptroller and Commissioner, upon the transmission of copies of tigation and determination of amounts due to such claimants, and the the certificates to him of the Register, and before issuing a warrant for any of such balance3, t.o submit any facts in his judgment affecting the correctness of the amounts due to these several parties were ascertained. . The amounts balance to the Comptroller or the Commissioner, as the case may be. and the were paid less the insurance which the claimants had received from decision of the Comptroller or Commissioner thereon is to be final and conclu had sive as far as the executive branch of the Gov-ernment is concerned. So where the underwriters who insured their boats prior to or about the time a balance is certified by the Second Comptroller to the Secretary of"\Var. it au of their entering the service. These claims were adjudicated by the thorizes the latter, before issuing a requisition for such balance, to submit any Auditor and Comptroller of the War Department and reported to Con facts which, in his judgment, affect the correctness of the balance to the Second gress for allowance in Executive Document No. 153, I think. A part Comptroller, whose decision thereon is, in like manner, to be final aud conclu· sive. And so with the other beads of Departments. of them were paid, as will appear by reference to the appropriation bill of last Congress. And· it says the same thing with reference to the Secretary of War, · Subsequent to that time the question was again raised as to whether that it was competent for him to direct that the review or re"Cxamin!l· these claimS! had been properly allowed. Several points were made to tion which has been transmitted to the House should be made, but it the Secretary of the Treasury. {Iamrunni'Dg over the whole case, Mr. was not competent for the Secretary of the Treasury to do that thing. Chairman, so you may know the whole of it.) They were again re Hence this-- ferred to the Secretary of the Treasury to be examined de novo by the ·Mr. BPRNES. May I interrupt my colleague for a moment? Comptroller, the First or Second Comptroller, as the case may be. He Mr. BUTTERWORTH. Certainly. made examination of the case and reached a different conclusion from 1\fr. BURNES. The gentleman from Ohio, my colleague on the com that which had been reached by his predecessor. And while they bad mittee, has alluded to the decisions of the Auditor and Comptroller, been reported, a large part of them, to the previous Congress and paid and has declared that the adjudication of these cases is in the nature in part, on re-examination they were rejected. of a final settlement. In other words, that they were res adjudicata. Although they are reported in the executive document I bold in my Now, if that be a true proposition I wish to call thegentleman's atten band, 'vith the opinion of the Comptroller that they should not be paid, tion, because I do not want to be unfair to him, to the fact that the I do not understand: Mr. Chairman, it is necessary a report should befav Auditor and the Comptroller in 1856 and 1867 considered these claims orable in order to give this House jurisdiction to act on them. Under a and decided against them; and the claimants slept on these (lecisions for resolution of this Congress all these claims were reported to this House, years and years. Their successors did not consider that a thing adj u all of them. In the executive document which I have in my band is dicated; and ~o they took up the cases again and had them allowed found also the adverse report of the Comptroller now in charge of this under a new decision notwithstanding this previous adj udicaijon. class of claiiDB. Of course the fact that they have been reported ad Then, under the statute, the Secretary of the Treasury was appealed Yersely upon does not take away the jurisdiction of this House. This to, and he bad the authority to authorize the Second Comptroller tore is a deficiency bill because there was no money heretofore appropriated investigate the second allowance after the first defeat; and upon that to pay these audited and approved claims. These claims against the order of the Secretary of :the Treasury the re-examination was had and Government were adj uclicated by a tribunal expressly charged with the the claims were decided adversely. So they have been decided against performance of that duty. They were allowed and paid in part, but twice; once in 1866, and again in 1886. there was not a sufficient sum to pay them all. Hence they are re Mr. BUTTERWORTH. . The first controversy grew out of the rela ported again to be provided for in the deficiency bill. tion of the" assured to the insurance companies, and the examination re One word touching this reviewoftbese claims by the present Comp sulted in the finding which I claim to be final, a finding which was troller. I may as well, if the Chair pleases, refer to it now. It is this: directed by an officer having jurisdiction to order the adjudLcation and So far as this review is c.oncerned these cases were res adjudicata. The review, and not by an officer not having jurisdiction in that behalt: statute in express teriDB so provides. In referring them again to the The difference is, as I maintain, that in one case. the proceeding was Comptroller the Secretary of the Treasury acted without jurisdiction. carried forward in accordance with authority of law and tbe_:finding The statute in plain teriDB forbids him from exercising any such juris made on that authority; whereas in the other case it was an adjudica diction with reference to this class of claims. The statute points out tion without any authority whatever. the manner of review-by whom it may be ordered-ami the language Now, in 1866, if my friend bad investigated the niatter, be would is too clear to be misapprehended. have ascertained that there was a question as to how far the GoYern In other words, the claims in question might have been reviewed on ment might be liable, or how far the owners might claim as against the suggestion of the Secretary of War under the plain language of the the Government. I speak now of a fact dehors the record, but perti statute, but not at the request or order of the Secretary of the Treasury; nent in this connection. and the statute is too plain in that behalf for any man familiar with legal In view of the fact that the losses were covered in large part by in construction to entertain adoubt. That question was expressly raised, surance, this is an attempt on the part of the insurance companies to and the Attorney-General had distinctly decided, as has also the Court be subrogated, as under the law, With which you are all familiar, they of ClaiiDB. that these cases were res adjudicata. I do not mean these had a right to be subrogated to the rights of the assured, and recover particular cases now in conh·oversy, bnt cases on all fours with them, from the Government that which the owners might h:\ve recovered bad and that there could be no review except upon the request of the head there been no insurance at all. of the Department under the administration of which these claims orig In other words, where the owner of a boat was insured to tb~amount inated and were audited and settled, in this case by the Secretary of of $10,000 and his boat was worth 20,000 he recovered of the Govern War. ment $10,000 and recovered of the insurance company $10,000. Then I only refer to this to show that these claims have been reviewed tbe insurance company having a right to be subrogated to all the rigl!.ts without authority of law, and this report of the Comptroller cuts no of the insured, and the Government having stipulated to pay the value more figure here than would tho report or opinion of any other able of that boat if it should be lost on the river, the insurance company asks gentleman competent to advise Co=:~gress in any behalf. That Congress the Government to keep its promise and pay to the insurance company, 6580 CONGRESSIONAL REOORD-HOUSE. JULY 6, that company h::~.ving been subrogated to the rights of the insured, just ing papers to be returned t.o the Second Comptroller, under section 191 of the Re vised Statutes, submitting to that officer fact.s which in his judgment affect the as it would have had to pay to the owner of the boat if there had been correctness of the certificates and the balances found due, and, pursuant to the no insurance whatever. · authority conferred by that section, I have re-examined all these claims upon These claims grew out of that, and are simply an attempt on the part their merits, and reached the conclusion that the United States is not lawfully indebted to any oj these claimants on account of the· matters set forth in their of several insurance companies of Cincinnati and other places to be sub respective claims or upon the facts proven in each case. rogated to the right of the insured, a right as old as any other principle known in the administration of public justice under a. system of juris It concludes as follows: prudence which has any savor of equity in it. In other words, there If the laws are not covered by the policy, then, as we have seen in the other rested on the Government an obligat1.on to pay the value of these boats cases1 the claimants have not brought their cases within the provisions of the act ot 1849. if lost. To whom they paid it was of no consequence to the Govern ment, so that it owed the debt and the parties who sustained the loss That is the same act which is referred to as amended in 1863 and appeared as claimants, whether as insurance companies or as the owners 1864. of the boat. The question as to whom the payment should be made llfr. BUTTERWORTH. But let me remind my friend that Congress was of no consequence to the Government., which stipulated to pay the at the last session did pay $42,973 of the&e claims. value of the boat in case it was lost. M:r. HOLMAN. But these claims which are now presented here On the point of order I do not go into the merits of the question. were disallowed. · Mr. BURNES. I desire to call the attention of the Chair to a point Mr. BURNES. 111r. Chairma.n, as the gentleman from Ohio [Mr. which I regard as absolutely sufficient to justify sustaining the point BUTTERWORTH] has said a good deal about some of these cla.ims having of order. The law under which claims like this come to the House of been paid, allow me to say in answer, that in the documents sent to Representatives reads as follows: tlie Forty-eighth Congress there appeared, under the head of the "Al .And the Secretary of the Treasury shall report the amount due each claimant lowance for horses,'' some of these items, intermixed with smaller ones, o.t the commencement of each session to the Speaker of the Honse of Repre and they escaped the observation of the committee and were unwit sentatives, who shall lay the claim before Congress for consideration. tingly included in the bill. It will be. remembered that there was an I submit that although under the former so-called adjudication these immense number of items in that part of the bill. claims were sent to a preceding Congress, they have not been sent, as Mr. HOLUAN. In any event, Mr. Chairman, it is very manifest the law requires, to this Congress, because they came here with an that the attention of the Honse was not called to the subject, because adverse report and are not sent here with a recommendation of their it was never discussed either in the Committee of the Whole or in the payment. They are not then before the Forty-ninth Congress under committee from which the bill came. - the requirements of the law that governs in this matter. Mr. BUTTERWORTH. That relates to the merits of the case, not Mr. BUTTERWORTH. I will ask my colleague from Missouri if to the point of order. he is aware these claims were sent here in response to a request of this Mr. HOL~IAN. Now, Mr. Chairman, I wish to lay down a single House? That is the way they came. I have the resolution here. proposition. If these claims are to be regarded as deficiencies for which Mr. BURNES. They came in the general report from the Treasury an appropriation should be made, it must be only upon the ground of Department. their coming down to the House as audited claims. Certainly it can Mr. BUTTERWORTH. This came here in response to the request not be assumed that a claim against the Government would be entitled of this House under a. resolution which I hold in my hand. to be considered a deficiency unless it was either a deficiency in fact in Mr. LONG. How is it of any consequence how this matter comes a current appropriation or unless it approximated to that and was con before the House? Even if it comes in the form of an amendment in structively a deficiency, in that it was certified as an allowed claim by troduced by the gentleman from Ohio (Mr. BUTTERWORTH], the simple a Department ofthe Government without funds to meet it. I submit question on which the point of order turns is whether there ·is any law that either of these two states of things must exist to entitle these claims authorizing the payment of these claims. That law will be found in to go into an appropriation bill as a deficiency. Now, these do not the section of the statutes which I presume the Chair has before him, come to the Honse as audited claims; on the contrary, they come here section 3483, which provides for the payment of this clasg of losses. as rejected claims. · r M:r. HOLMA.N. . I think very likely the Chair sees the exact point I submit, therefore, that it is clear beyond all question, if any line involved, bnt if the Chair has had no occasion to examine the subject is to be drawn between a mere claim upon the Government and a defi before, it may be the real question presented may not at once appear. ciency, that these fall within the class of claims which are cognizable The Chair, I believe, has belore him the statute under which this claim under the rules of the House by the Committee on Claims and not within is set out. It is epitomized in this language by the Second Comp the deficiencies in the appropriations to carry on the Government, and troller: therefore entitled to a. pla-ce in this appropriation bill. In any possible In the case of the loss or destruction of o. vessel the statute creates a liability view of the matter I think it-must be held that these are simply claims, on the part of the Government in two classes of cases, first, where the vessel is captured or destroyed by an enemy, or is abandoned or destroyed by the order not deficiencies, claims resting possibly upon equity, but cognizable, as of the commanding general or other proper military authority,.while the prop I have s..1>id, only by the Committee on Claims. erty is in the military service, either by impressment or contract; secondly, Mr. BUTTERWORTH. I wish my friend would point me to any whefe the ·vessel is lost or destroyed by unavoidable accident while in the service. mle of this Honse which draws the lino of demarkation that he sug gests. All the claims audited under the section of the statute to which These vessels, to the extent the owner was interested in them, were attention has been called are deficiencies, there being no appropriation the subject of the claim paid by the Government, and I presume the to pay them. · 1ilCt was the Government deducted the amount covered by insurance. Mr. HOLMA.N. They are deficiencies only by implication. They Mr. BUTTERWORTH. That is trne. are assumed to be deficiencies because they are audited by a Depart Mr. HOLMAN. And the question before the Second Comptroller ment of the Government, and because there are no funds to pay them. and before That is the attitude in which these claims stand to-dav. There is ·audited and reported to the House. These claims have pursued just the issue raised as to whether or not these claims shollld bev paid. This that course. Having been audited, they are reported to the House. being the case, it seems to me the Chair should nothesitate to 8ay, "I Mr. SPRINGER. They are authorized by law, just as every war will not entertain them under such circtimstances." But, says the claim is a claim authorized by law. .. gentleman from Ohio, ''under section 191 of the Revised Statutes it was :Mr. BUTTERWORTH. Not at all. not competent for the present Comptroller to review the action of his Mr. SPRINGER. The law autaorizes the military officers in the predecessors." Is that proposition correct? If so, the gentleman is field to take possession of property and to give vouchers for it, and not at all relieved, but is equally eml)arrassed by"the fact that the ruling claims for property so taken are valid claims against the Government; upon which he relies was a revision of a prior decision made by the ac they are regarded as regular and legitimate; but they have never been counting officers of the Treasury, a revision which he declares it was put upon general appropriation bills. That is the point I make. We not competent for them to make. Therefore, if the gentleman's con are now considering a bill which makes appropriations for the support struction is correct, these accounts come here as though they were un of the Government or to supply deficiencies where the ordinary appro qualliiedly condemned by all t-he accounting officers of the Treasury. priations have not been sufficient. Now, the gentleman ventures a declaration to the Chair that he pro Mr. BUTTERWORTH. F.xactly; where the ordinary appropriations poses later on to ~xamine this question on the merits. That is what fall short. In other words, this appropriation is necessary to meet ob the rule intended the gentleman should not do-what the committee ligations of the Government. should not do. It was intended that there should be no re-examina Mr. SPRINGER. But these were not expenses connected with the tion of accounts-no questioning in this Committee of the Whole upon support of the Government in its ordinary ca.p~city. a deficiency bill as to whether or not there was merit in a claim. The CHAIRMAN. The Chair is ready to dispose of the question. Mr. BUTTERWORTH. Let me say to the gentleman that the au [Cries of ''Decision ! '' J The C~air thinks the amendment is out of order. thority is specially reserved to Congress {if such a thing were necessary) The Clerk read as follows: tQ review these findings. For fees of clerks, United States courts, 1893 and prior ye.:us, $318.25. Mr. BLOUNT. I do not speak of what may be done by Congress. Mr. BURNES. I move to insert the following amendment to cover There is a distinction here. Congress may review these findings; but payments theestimatesforwhichhave come in since the bill was printed. the question is whether under the rules of the House it is permissible The Clerk read as follows: to review them on an appropriation bill. Claims allowed by the First Auditor and Commissioner of Cltstoms: Mr. BUTTERWORTH. We do that on every item we vote upon. For furniture and repairs, same for public buildings, 1883 and prior years, Every item comes up on its merits. $i6.20. For furniture and repairs, same for public buildings, 1881, $124.26. Mr. BLOUNT. Then if the gentleman is correct the accepted prac For salaries of keepers of lighli-houses, 1833 a.nd prior years, $.30. tice of this Honse is all for naught. The gentleman's ·declaration is against the light of the experience we all have in this matter. The The amendments were agreed to. practice of this House which determines the nature of this bill is a The Clerk read as follows: For 50 per cent. of arrears of army transportation due certain land-grant rail- wise one, and has always been sustained, and I trust that the present roads, 1883 and prior years, $1,331.54. • occupant of the chair, in the face of the fact that the Secretary of the Treasury has sent here the opinion of an accounting officer of the Treas Mr. GALLINGER. I move to amend by adding after line 135, page ury declaring that these claims have been examined and rejected on 116, as a new paragraph, the following: their merits under a section of the Revised Statutes will not plunge The Clerk read as follows: For payment of claim No. 4377,and certified as due by Comptroller in Sched this House into a consideration of these questions. The very sugges ule A, page 22, Executive Document No. 210, in favor of the Hoboken Land Im tion of the Treasury Department that the claims have been rejected provement Company, $15,800. • ought to be enough to determine the action of the Chair in excluding this doubtful matter from consideration at all by the Committee of the Mr. BURNES. I make the point of order that Schedule .A has been Whole on a deficiency bill. considered in the Committee of the Whole and passed on. (See page 110 Mr. LONG. Mr. Chairman, a good deal of stress has been laid by of the bill.) . the other side upon the statement that this is a claim. Suppose it were Mr. GALLINGER. I did not hear the gentleman from Missouri. admitted to be a claim. If the question were before the House as to The CH.A.IRM.AN. He makes the point of order that this has been what committee the matter should be referred to, the Chair would say already considered and passed upon by the Committee of the Whole. it should go to the Committee on Claims, not to the Committee on .Ap :Mr. GALLINGER. I hope the gentleman from Missouri will not propriations. But in this particular ca.se, even if the matter were a urge that point of order. This claim ·bas special merit. It has been. claim, and were offered in 'the form of an amendment to this deficiency passed upon favorably by the last Comptroller as well as by the present bill, the only question which the Chair would ask upon the point of Comptroller. I was absent from my place when the proposition on page order would be, is there authority of law for the payment of this claim? 110 wa.s passed. In other words, I take the broad ground that I may present as an amend I will make the further remark that in my opinion the point of order ment to any general appropriation bill any claim whatever; and if there is not well taken. .A claim of this kind can not be rul~d out simply be authority of law for its payment, then under the rule the amendment on a technicality that a certain schedule has been passed. It would is in order. Now, there is authority of law under section 3483 for the please me better if the gentleman from Missouri would not urge a point payment of losses of horses and steamers. It seems to me that is the of order of that character. simple question here. The CHAIRMAN. .As it is ~imated to the Chair this may come Mr. SPRINGER. I desire to call the attention of the gentleman to in at the close of the bill the Chair will for the present sustain the po~t of order. ' the fact that cases of the class to which he refer::~ are always embraced in a separate appropriation bill, are reported from the Committee on Mr. BURNES. While I would like to accommodate my friend, if I War Claims, and are not in any sense privileged, but stand exactly should attempt in so plain a case to grant the favor he asks, I would be upon the same basis with other war claims. They are never embraced obliged to grant every request of the same kind. On page 110 this in general appropriation bills except by unanimous consent. The mat particular item was excepted and passed upon specially and particu ters here presented are simply claims against the Government; and even larly. Therefore a reconsideration of the action of the committee cer · if they bad been audited by the Treasury Department for allowance tainly can not be in order at this time. they could not be placed upon a general appropriation bill except by Mr. GALLINGER. Do I understand the chairman of the committee unanimous consent, because it bas been the universal practice to treat to say my amendment may be offered hereafter? them as claims. The CHAIRMAN. The Chair was not aware at the time that this What are the matters which should be put upon general appropria matter had already been determined on page 110, where it was specially tion bills? The rule prescribes them very plainly; the matter is not in order: Th~ committee having p~ed that portion of the bill, it, of one of doubt. Rule XI provides that- course, IS not m order to return to it now. All proposed legislation shall be referred to the committees named in the pre Mr. LO~G. That only is an exception of this item which has never ceding rule, as follows, namely: Subjects relating, been considered at all, but on the contrary bas been specially excepted • * • • . • .. • from the bill. 3. To appropriation of the revenue for the .support of tbe Government as The CHAIRMAN. It would have been in order at that place and herein provided, namely: For legislative, executive, and judicial expen~es· · for sundry civil expenses ; for fortifications; for the District of Columbia· fo; time to have stricken out that exception. .As that part of the bill has pensions ; and for all deficiencies: to the Committee on Appropriations. ' been passed it is not in order, if objected to, now to retnm to it. This committee has no jq.risdiction to consider anyclaimagainsttbe Mr. LONG. That would have been true if this had not been spe Government except such claims as relate to the ordinary expenditures cially excepted by the terms of the bill itself. and the providing ofrevenue for the support of the Government. · The CHAIRMAN. The Chair sustains the point of order on the The circumstances out of which these claims arise occurred many years ground that that portion of the bill bas been considered and passed. ngo-twenty-fiveyears ago, I understand. They are not only claims The Clerk read as follows: but old and stale claims. ' CLAIMS ALLOWED DY THE SIXTH AUDITOR. Mr. BUTTERWORTH. The gentleman will allow me to say that For compensation of postma.st~rs readjusted under act of l\Iarch 3, 1883, pav- these are claims growing out of an expenditure authorized by law, be able from deficiency in postal revenues, 1883 and prior years, $39,674.07. • cause the Quartermaster-General was authorized to impress these ves 11Ir. BURNES. I move to strike out that paragraph. sels; and the statute provides that in such cases the claims shall be The motion was agreed to. 6582 CONGRESSIONAL . RECOR.D-HOUSE. JULY 6, The Clerk read as follows: _Ur. CANNON. Touching these items of the State Department, I To pay Chauncey 0. Morse, mail-contractor, for amount of transportation ft·om desire to say that I can much more satisfactorily debate the question Aprill to June 30,1882, route numbered 28337, Missouri, $23.25 • . which fdesire to discuss at this time and consecutively. I do not want . 1\fr. WINANS. I move, after line 198, to insert the following: to be recognized a dozen times to make one speech. I would prefer to The Clerk read as follows: begin and conclude it now. · To pay Flint and Pere Marquette Railroad Company , for additional trans M:r. BURNES. What I want to suggest to my friend is that perhaps portation, per order of Postmaster-General, No. 621, 14,39-!.68. the very item he proposes to discuss may go out on a point of order; Mr. BURNES. I raise on that amendment the same point of order and therefore, after having the points of order passed upon, the gentle decided a while ago, that this item has been already passed upon by the man can determine what subject he deems necessary to have general Committee ofthe Whole House on the state of the Union. debate upon. Mr. WINANS. I think this matter has not been considered at all, Mr. CANNO~. That may seem well to the gentleman from Mis but excepted from consideration. I know of no good reason why it souri; but these items under the heacl of the State Department, as they should be excepted. It is a deficiency snbmitted by the Comptroller. now stand, and no general debate ever having been had upon them, Others in the same category have been paid. What good reason there will form the subject upon which I desire to be heard. should be for its exception does not appear. · ~Ir. BURNES. I think in view of the proposition I made to my col There seems to have been no consideration of this matter; and, there league it could not be claimed t hat I am unreasonable; and I must in fore, I think the point of order is not good. sist upon the point that the argument should not be upon propositions This, Mr. Chairman, provides for additional transportation, which or the criticism of portions of the bill that may go out on points of arises out of the law of Congress passed in 1876, authorizing or direct order. Let us get through with that first. ing the Postmaster-General to reduce the compensation 1br transporta Mr. CANNON. The gentleman does not k-now and can not know tion of the mails. what my line of argument is to be or what I shall speak on. In a suit that was brought by the Chicago and Northwestern Railway fr. BURNES. Certainly not. Company (United States Reports, 104, page 680), it was held by the 1\Ir. CANNON. I merely rise in my place as a member of the com Supreme Court that this railroad company is entitled to recover the mittee demanding to be recognized for general debate, none having been contract price. These were land-grant companies-and it was held that had upon this section of the bill, and that was the agreement and the a contract for carrying the mails, a specific contract, entitled them to only agreement by which the bill was allowed to be considered before have the full contract price. the general debate was closed. Mr. HOLMAN. By whom was that held? Mr. BURNES. I am perfectly willing to accept the suggestion of J'tlr. WINANS. It was held in this opinion, delivered in the case of my colleague on.the committee, but I submit to him that he should not the Chicago and Northwestern Railway Company against The United desire to argue propositions that may never come up for consideration. States. ' After we shall have passed on the points of order with regard to these Mr. HOLMAN. In the Court of Claims? propositions I pledge him, so far as I am able to do, any amount of Mr. WINANS. Yes, sir, originally; but sustained, on an appeal time he may require on the questions before the committee which may from the COt1rt of Claims to the Supreme Court; and the Supreme be left in the biU. Court held that the company was entitled to recover the contract price ~Ir. CANNON. It suits me better to haTe debate as we ordinarily for the service. ha>e debates, instead ofpostponing it till after the questions are dis- Now, this additional transportation, which is had under that decision, posed of. - comes to us in the shape of a deficiency estimate by the Sixth Auditor, Mr. BUTTERWORTH. I submit to my honorable friend from Mis as will be seen by an examination of page 2i5 of the Book of Thtima.tes. ~ouri that the understanding was that we might revert to thi.s part of I can see, therefore, no good reason why the claim should not be paid, the bill with the view of considering it as my colleague [Mr. CANNO:N] nor can I see any reason why it should not be provided for in this bill; suggests. I think it only fair that my coll8ao1Ytle should have the oppor and hence the point of order can not prevail. The gentleman makes tunity for debate which he desires. It will not consume much time, I the point of order, as I understand it, that this section has been passed. am sure. I find that it has been excepted, and that there has been no considera 1\Ir. BTTRNES. I only ask what is reasonable, that the gentleman tion of it. I hope, therefore, that the gentleman will not object to the from Illinois shall withhold his argument until he knows what is to be consideration of the amendment. argued about. . The CH.A.IRU.A.N. The Chair will remark to the gentleman f1·om Mr. CANNON. I prefer to make my argument before the bHl is dis Missouri that the excepted claims are excepted by numbers. The po ed of, adopting the same course as we do with regard to all other Chair does not know whether they embrace tQ.e amendment now pro bills. . posed or not. lli. BEL"MONT. These matters which the gentleman from Illinois 1\Ir. BURNES. They embrace specifically the very amendment of desires to debate referred to the State Department. I can not but con the gentleman. This proposition has been already excepted. cur with the gentleman from Missouri that the most satisfactory The CHAIRMAN. Does the gentleman concede that his claim ~ manner of dealing with them is to discuss them in order as the bill is covered by one of these numbers? read. 1\Ir. WINANS. I think that is true, 1\Ir. Cha,irman. Mr. CANNON. It suits my purpose to discuss them before the bill The CHAIRMAN. The Chair thi.Wts the point of order is good. is read, and I have the right to so discuss them in general debate. The Clerk resumed and concluded the reading the bill. Mr. BUTTERWORTH. I think there need be. no misapprehension The CHAIRMAN. Under the direction of the committee the Clerk about this thing-- _ will now return to that part of the bill which was passed over by consent. The CHAIRMAN. The Chair ha~ been permitting this colloquy to l\1r. ZACH. TAYLOR. By agreement of the gentleman from Mis go on with unanimous con:;;ent with the idea tha.t it might save time souri in charge of the bill. I ask consent now to go back to the pam by some understanding being arrived at. graph which was passed over at my request. Ur. BURNES. Will the gentleman from Illinois [Mr. CANKON] 1\Ir. BURNES. I desire to suggest that we go back to the beginning say how much time he wants? of the bill, and will raach my friend from Tenne.ssee as we come for .Mr. CANNON. I think I ~ conclude what I have to say in thirty ward again. minutes or perhaps in fifteen minutes. Mr. ZACH. TAYLOR. That will suit me very well. Mr. BUR.L~ES. Will the gentleman then say fifteen minutes? Mr. CANNON. As we are to go back now to the beginning of the J'tfr. CANNON_ I will say thirty minutes. bill, in pursuance of the agreement, I ask recognition of the Chair for 11Ir. BURNES. Say twenty. general debate upon this provision relating to the State Department. Mr. CANNON. I prefer thirty. The CHAIRMAN. Tho Chair will stat~ that when this portion of Mr. BURNES. You will not yield anything? the bill was passed over there was some agreement reached n.s to gen 1\Ir. BUTTERWORTH. And then gentlemen on the ot.ber sidecan eral debate; but the Chair would like to be informed by the gentleman ha'e what time they desire. in charge of the bill what that agreement was. Mr. BURNES. If the gentleman from Illinois says I made a'ny Mr. BURNES. I am at a loss to understand what agreement my friend promise on the ~ubject, as a matter of course I -will stand by it. refers to. I do not remember any agreement with reference to general l\fr. CANNON. The REcoRD will show for itself what the fact is. debate. .A.s a matter of course, if there is anything to be debated, it Gene.ral debate on this part of the bill has not been clo ed. would be well to have some understanding, and particularly with the Mr. BURNES. I am willing to yield half an horn to the gentleman. gentleman from illinois. But I desire to state that it will expedit-e And as the gentleman from Ohio has said ~Ye might have what we de· business if the gentleman will be satisfied to take such time as he may sire on this side, I would suggest that we may take thirty minutes. desire when the emergency arises. My impression is that nearly aH of The CH.AIRUAN. Unanimous consent is asked-- the first pages may be disposed of upon points of order; and it is un Mr. CANNON. I did not ask this by unanimous con ent. necessary to discuss irrelevant questions, ~--pecially as we are now in The CH.A.IRI\I.A.N. The Chair can not decide the matter of right need of all the time that we have· at our disposal. At all events, let without consulting the RECORD. it be understood that the gentleman from Illinois is entitled to such Mr. RYAN. The proposiLion was to close general debate after one time as he wants; and I 1.-now the committee has been liberal to my hour shall have been occupied. • friend and will be, and I will consent that h~ shall have such tim.e as The CHAIRMAN. The gentleman from Missouri [.Mr. BURNES] he wants when the emergency arises. proposes that debate be allowed to run on these paragraphs before read- 1886. CONGRESSIONAL REOORD-HOUSE. 6583 ing them for one hour-one-half hour to the gentlemen on the left, and Mr. Morton, the minister to France, received- For third quarter, 1884 ...... S-1,375 00 one-half to the gentlemen on the right-and then th::tt general debate For fourth quarter, 1884 ...... 4,375 00 shall be closed: 4,375 00 There was no objection, and it was so ordered. :~~:=~:~~~=a·;;isBii::::::.::::::::::::.:::::::::::::::::::::::::::::::::::: : ::: 259 33 lli. McLane received during the same fiscal year ...... 4,618 05 :Mr. CANNON. The omissions ofappropriatio~ for salary in the dip lomatic service, being a deficiency for the years 1885 and 1886 in this 18,002 43 bill as reported by the committee, o,re most extraordinary. . I would So in Germany-::Ur. Kasson, the late, and Mr. Pendleton, the present minister, drew out of the appropdation for 1885 ...... 822, 256 01 · not have claimed the right to have general debate even for a short time Though in Russia, during the same period, the amount paid was only.. $17, 22! 04 were it not that under the practice of the Committee on Appropriations, These cases fully illustrate, I hope, the cause of the exhaustion of the appi'opri generally presenting their bills near the close of the session, minority ation. reports are not submitted, so that tbe report made in this instance by If every post were filled July 1 of any year and no changes occurred until the gentleman from Missouri [Mr. BuRNES] would appear on its face after June 30 of the next, the appropriation would not become exhausted. to be the report of the whole committee, and in the absence of ami The American bankers, Brown, Shipley & Co., our financi.:l.l agents nority report would appear to bind the whole committee. The prac or bankers at London, have paid the drafts for these salaries, and have ticeh:LS been for the minority of the committee by debate and by amend been laying out their money for a year because the deficiency has not ment to manifest its dissent touehing any provisions of the bill, and it been made up. Now, it may or may not have been improper for Sec is for that purpose I have claimed for a short time the right of general retary Bayard and President Cleveland to make these payments in the debate. way they have done. Suffice it to say they did it, and these gentlemen, This bill omits, l\fr. Chairman, to appr'bpriate for salaries of minis our correspondents, have paid the money and we owe it to them; we have ters and charges d 'affaires for 1885 $30,858, money that has been due owed it to them for over a year, and they ought to be paid. So it is for over twelve months to those officers. It also omits to appropriate with regard to some of these other items. Then again, as this appro for Mr. Hall, late minister to the Central American States, and to :Mr. priation was exhausted, one of our representatives in Central America, Osborn inround numbers 6,000, deficiencies for theirsalariesnotpro Mr. Henry C. Hall, who was not paid by draft:B upon Brown, Shipley vided for and which have been due to them for a year. It also omits & Co., was left unpaid to the amount of $1,500, and we have owed him to provide for contingent expenses for the consular service for the year that sum for more than twelve months, and have kept him out of his 1885, in round numbers $35,000, and fails to provide for the contingent money without interest. And this item includes, I believe, some money expenses of the same service for the year 1886, in round numbers $18,000; paid by him to other people. making in the aggregate over $90,000. How much longer is this servant of the Government to go without · There are other minor items that the committee ought to have recom his money? The same is the case with ?tfr. Osborn, to a considerably mended in my judgment that would make the omission in the bill sub larger amount, some~here near $2,000. I believe I have said enough stantially $100,000 for our diplomatic and consular service. Now, I about these items to show the propriety of paying them, ancl I now want to ask the gentlemen constituting the majority of the committee, desire to speak briefly of the consular service. There are two sections who control the bill in committee and control it largely here, to ex of the Revised Statutes that I desire to bring to the attention of the plain to this Committee of the Whole why these items have been omit committee. The first is section 1748, and I hope gentlemen will no ted. I want to know before I proceed to discuss item by item these tice its language: omitted provisions whether or no your Secretary of State and your The President is authorized to provide at the public expense all such station President have been so remiss and unfaithful in the discharge of their ery, blanks, record and other books, seals, presses, flags and signs, a.s he shall think necessary for the several legations, consulates, and commel'cial agencies, duties as well as your millisters and your consuls that they are not in the transaction of their business. worthy to receive that money which the law gives them and which Observe the language: ''The President is atttlwrized to provide'' uniform custom and practice gives them; because if it be true that this these things at the public expense. Turn now to section 1706. Department has been so loose in its methods that it does not ~eserve to The President may allow consuls-general and consuls and commercial agents . have the money that is due it:B employes under the law then I want to who are not allowed to trade actual expenses of office reut, not to exceed in any know it, so that some proceeding of censure, investigation, or otherwise case 20 per centum of the am9unt of annual compensation allowed to such of can be instituted by the Congress of the United States which will de ficer, whenever he shall think there is sufficient reason thercfo;-. velop the shortcomings of this service and hold up to the censure of Under these two sections of the statute the duty of the Secretary of public opinion the maladministrntion of that Department and the ad State, or of the President, is to make these allowances. For a number ministration. of years the expenditures and appropriations to meet the expenses un The ·first item that I desire to call attention to is to be found on the der these two sections have been as follows. ·I give them in round fourth page of the estimates: numbers: In 1878, $132,000; in 1879, $136,000; in 1880, 144,000; in To pay the balance found due upon the account of Messrs. Brown, Shipley 1882, $151,000; in 1883, $154,000. In 1884 the expenditures were -&Co., United States bankers at London, for drafts of ministers' salaries paid by $151,000, although the appropriation was only 110,000; in 1885 the them, being deficiency for the fiscal year 18S5, 522,000. expenditures were $144,000, although the appropriation was only $110,- Then there is another item at another place due to the same parties, 000; and in 1886 the appropriation was $110,000, and the expenditures and still another item to the same parties for the payment of salaries were only a little less than $150,000. The deficiency estimate cominc:r of secretaries of legation, $2,847. It may perhaps· be a matter of in up to us for 1886, the fiscal year just closed, is 40,000. The Commi; quiry by some gentlemen how it is, as the salaries of these employes tee on Appropriations h::tve recommended of this deficiency for the are appropriated for year by year, that there can possibly be a de year 1886 $22,000 instead of$4.0,000. ficiency. In answer to that I will say that the practice of the State Now, itmaybeclaimed-I donotknowwhatthegentlemanfrom Mis Department is to lump the appropriations for these salaries, the appro souri is going to claim-that any excess of expen(liture over and above priations for the salaries of ministers and for the secretaries of legations, the appropriation here contained is not in pursuance of law. I can not and then to drawuponthatfund. Itisamerematterofbook-keeping. agree with that view, b.ecause under these sections of the Revised Stat Frequently, however, when many changes are made, as for instance utes which I have read the allowance ofrentis to be madewithoutref during the year 1885, aft.er President Cleveland was in::tu.:,ourated, it erence to appropriations, and the other contingent expenses the Presi happens two men draw salaries for the same position. That happens dent is to allow-- in this way: Pending the appointment of a new minister at, for in Mr. LONG. At his discretion. stance, the court of b't. James, the old minister remains until the new Mr. CANNON. · At his discretion. one appe:lrl'B and is presented. Ii1 the mean time the new minister has Mr. IDTT. A discretion regulated largely by custom and the ne his instruction and his transit pay, which comes out of this general cessities ofthe service as organized according to law. fund, while at the same time the old minister receives his regular pay, Mr. CANNON. I take it that so long as these two sections of the and the result is that for a time we are paying two salaries for a minis Revised Statutes remain, whenever the necessities of the consular and ter at the court of St. .James. I have a letter from the First Comp diplomatic service demand more than the bare $110,000, which seems troller of the Treasury touching this practice in the State Department, to be all that the gentleman from Missouri is willing to l'ecomm.end, the as follows: Department in the exercise of a sound discretion might exceed it. At SALARIES FOREIGN MINISTERS. any rate the Department has exceeded it both for the-year 1885 and TREASURY DEPARTME:IT, FIRST CoMPTROLLER's OFFICE, the year 1886, and has done so, I take it, under the statute, or, if yon WaBhingkm, D. C., June 21, 1886. choose, without any authority whatever. Dl!:AR Sxn: Referring you to Executive Document No. 62, page 4, "Salaries of But I will let the gentleman from Missouri, if he continues to oppose !finisters,l885,'' I beg to say in reply to your request of yesterday for some ill us trations of the manner in which this appropriation became exhausted, that the these items, fight that matter out with his own Secretary of State and sum of $17,500 was provided for each of the missions to Great Britain, France, his own President. I will say, Mr. Cha1rman, I have wished several Germany, nnd Russia. times since the consideration of this deficiency bill commenced that I l\Ir. Lowell received- could wash my hands of it and let the other side of the Honse, under the lead of the gentleman from Missouri, settle these matters with their i~~ ~~~t~;::::~.:.:.:::::~:.::::::::·:::::::::::·::·:·:···:·:·:·:·::~·::~·:::-:::·:·::·:::·::::::·~·:::~: ,: ~~ ~ own administration and .their own Departments. Sugg~tions bavo From April! to June 23,183.1 (home transit) .:...... 3, 076 91 been made to me from time to time that I should pm:sue this course; Mr. Phelps, the new minister, received for instruction and transit salary 4, 326 93 and I would have done so were it not that in :regard to 'the servieo of Total amount paid to minister t{) Great Britain ...... 20,528 84 our country, upon every sea and in every civilized and some uncivilized 6584 CONGRESSIONAL RECORD-HOUSE. JULY 6; countries, the people there do not know the difference we have here Mr. BELMONT. The gentleman knows I agree with him as to the between Democrats and Republicans; and I have felt that in"the con necessity of this appropriation. I would, however, like him to ex sideration of many items upon this bill I had a higher duty than a plain how these deficiencies could have existed since 18'18. I say they merely partisan one to perform; for although there is an administration existed in 1882 and 1883. At that time I believe the committee was in power with which I am not in harmony, yet after all and in spite of under control of his Republican friends. me_ it is my administration, it is my service, it is my Government. Mr. RICE. They followed bad examples. [Laughter.] Hence I stap.d here advocating these appropriations for this service. I Mr. BELMONT. If the gentleman will permit me, we have in the stand here saying the honor of my country require:~ that our own citi appropriation recommended by the Committee on Foreign Affairs and zens and the citizens of other countries should be paid what we owe carried through the Honse this year $150,000 for the first time in ten them. years in order to avoid this discreditable deficiency which seems to Now, the deficiency for the year 1885, a year ago, it will be remem have been repeated since 1878. This must be the first time the gen bered, was $34,970.35 for rent and contingent expenses of consulates. tleman from illinois stated it so clearly and effectively to the House. We have a statement in this document submitted by the State Depart - Mr. CANNON. My friend will recollect that in the Forty-fourth ment as to what the deficiency will be for 1886; and the very important Congress the Democratic party came into power in this House. I have statement is made that in the first six months of 1886 the contingent before me the original appropriation made year by year for this service expenses of consulates of the United States were $80,000, leaving only by the Democratic party. I have not those prior to 1878, although if $30,000 for the last six months. necessary I can find them with a little effort. In 1878 $115,000 was Now, what is the result of these deficiencies? 'l,'he year 1885 has appropriated, with a deficiency of $17,000; 1879, $115,000; 1880, passed. You and I can not turn t-he hand back upon the dial and live $115,000. • it over again, nor can these Departments. What has been the result? Mr. LONG. How much deficiency? The result bas been that, as the necessary money was not appropriated, Mr. CANNON. Twenty-one thousand dollars and $29,000. In 1881 when these consuls have drawn their drafts on the depositary selected the appropriation was $125,000; $13,000 deficiency. by the United States for contingent expenses or salaries due them and Now, mark you, commence two years when the Republican party negotiated bythem, the consul gets his money. The draftstarts on its had a majority, a bare m~jority, of the Honse, when you had held it tedious journey for payment. By the time it arrives, which may be ' 1886. CONGRESSIONAL RECORD-HOUSE. 6585 but the question is whether one of his offiCials, one of his clerks, as ment, whether it is with reference to the payment of the salary of a Mr. Benton used to name them felicitously, should confine himself to the consul or whether it has reference to an appropriation made for contin appropriations as made by Congress, or whether he should be permit gent expenses. ted to expend exactly that which he believed was required by the ne I have said that these things result from a mistaken system, and the ce."!Sities and dignities of the service. system ought to be corrected. Or the question ought to come directly In saying this, sir, I beg to add that I realize the full worth of the before this House, which I regret to say is too frequently on its knees Secretary who is now at the head of the State Department. I believe before Department clerks and before other branches of the Govern that this House and this Congress recognizes him as a gentleman whose ment. I say, sir, I would like exceedingly if this system could be integrity is above reproach and beyond all suspicion; and I will say changed. !There are a certain number of gentlemen engaged in the furthermore that if I had any doubt upon either proposition, the fact foreign service-we will say there are three hundred and fifty consuls that my friend upon my right [Mr. LoRE] represents the State from and consuls-general. Now we appropriate not only to pay each one a which the Secretary hails would be sufficient to satisfy me that noth certain salary, but we appropriate $110,000 to pay the expenses of the ing vicious could come out of little Delaware. service. If that is not sufficient, why do we appropriate at all? If But, Mr. Chairman, the Appropriations Committee have simply dis deficiencies can be created at will, if at least this Department of the charged their duty as they saw it. That committee had doubts as to Government can be operated. in disregard of appropriations, why ap the regularity and legality of these expenditures. propriate at all? Why not give carte blanche to run that Department My friend from Illinois [Mr. CANNON] is as much exercised over of the Government without appropriation? I am simply saying that the protested drafts that have been returned to the Government as a of this $110,000 the Secretary of State may well place to the credit of celebrated gentleman once was over the question of warming-pans. each consul, three hundred and fifty in number, first, the amount al Why, sir, what are these drafts? When I draw a draft, unless I have lowed for rent; secondly, a sum which experience teaehes him to be some improper and unlawful purpose in view, I will ascertain in ad sufficient for stationery, and·so forth through the list. That sum can vance if there is money to my credit, and unless I have such assurance be divided out to each one ·of these consuls and consuls-general as well I can not safely draw such draft. In fact I must ascertain that fact for the salary of each as for the contingent expenses of each. Why can before I draw the draft. A man who draws a, draft should have and not this be done here? For the simple reason that this unbridled De must have a balance to meet that draft. The fault is not the fault of partment of the Government feels it is not in accordance with the dig the Secretary of State; it is the fimlt of the accursed system under· nity of the Republic to live on $110,000a year for the consular service, which that Department has been operated for twenty-five years or more. . and therefore, regardless of the appropriation, $150,000 are spent. The whole system is wrong. We appropriate for the salary of aeon Mr. HITT. Will the gentleman:.._for he is speaking of a project sui, say in China, $3,500. That $3,500 ought to be a sacred trust placed which is new and the explanation of which will be very instructive to in the hands of the Secretary of the Treasury for the payment of that those carrying on the Government-will he explain a little more fully salary and exclusively for that purpose. That money ought to be set how he would have the fund distributed to each of the six hundred con apart for him and used for no other purpose; and when it is otherwise suls and· consular officers as to all the minute classes of· expenditures? used it seems to me it is unlawfully used. There never ought to be Mr. BURNES. If the gentleman will show me t.here are six hun a deficiency in the consuls' salaries. There never should be a, deficiency dre'l consuls and consuls-general I shall be very glad to receive the in in the salaries for ministers, because the law has fixed their salaries and formation. Congress has appropriated for them, and the amount has been placed Mr. HITT. Consuls and cousnlar agents. There are that many at the disposal of the minister and the consul, to be paid to them through consular posts. the proper channels. Mr. BURNES. We do not pay posts; we pay consuls. Mr. BELMONT. Will the gentleman yield to rue now for a, mo Mr. HITT. The plan of the gentleman seems so far-reaching, it ment? should be applied all through. It would be very instructive to have it Mr. BURNES. Certainly. explained by the gentleman as a leading Democrat, so that we may know Mr. BELMONT. I was going to say to the gentleman a moment wllat is to be the policy of those who are to carry on the Government in since· that this was not a question of deficiencies in respect to salaries this minutely classified way. at all. These are deficiencies for expenditures under the law, for rent, :Mr. BURNES. So far as I am concerned, weak as I am and inex stationery, postage, furniture, traveling ex.Penses; and the gentlem~n perienced as I am in regard to the affairs of Government, I would have will see that it is impossible for the Secretary of Sta.te to undertake to every Department of the Government, whether the administration be inform consuJs all over the world as to the exact condition of the con Republican or Democratic, live within the means provided for its sup tingent fund. It may be, for instance, that a question like the fisher port by the Congress of the United States. [Applarise on the Demo ies, arising in Canada, will come up where a consul is C.'tlled suddenly cratic side.] to perform an additional amount of duty. He is expected to perform But, Mr. Chairman, I have said that having particular confidence the duty. The gentleman does not mean to say that the Secret.ary of in the bona fides of this expenditure, being quite sure .that the ex the Treasury shall refuse to allow him to send a telegram because there cellent gentleman who presides at the other end of the Avenue :md happens to be no funrl specially set apart for that purpose? that the .gentleman at the head of the Department of State are hon The salaries of consuls are divided into classes; and those whose est and faithful in the discharge of public duties! although each is lia salaries exceed $1,000 are also entitled to a sum for rent equivalent to ble to make mistakes, as we all are-having this confidence, I propose 20 per cent. of their salaries. The consular salaries for the present and the Committee on Appropriations propose to submit to the gen fiscal year, above those of $1,000 per annum, amount .to $345,000. tleman occupying that chair, a gentleman distinguished for his learn Twenty per cent. of this sum alone would be $69,000, just $1,000 less ing and legal ability, to submit to him as a question of law under the than the amount to be expended for ·rent this year. This rent charge rnles ofthe Honse, whether these expenditures are sanctioned by law 1s provided for under section 1706 of the Revised Statutes. Then un or not. If they are not sanctioned by law, why should we pay them; der 1732 rent is to be allowed feed consuls, and this additional rent and if they are sanctioned by law, we will as a matter of course admit charge would much more than make up the difference of $1,000. The the amendments of my friend from New York [1\fr. BELMONT] when amounts of the other main items of consular expenses are almost as heoffersthem. Iftheseexpendituresarecontrarytolaw, then thesegen certainltr :fixed as that of rent. For the first six months of the present tlemen must come before the Honse and ask for compensation as thou year the expenses for postage have been $12,000; for stationery and blank sands and tens of thousands of other good men have done who have had forms, $11,934; for furniture, $1,669; for traveling expenses, messen claims against the Government, and in that case they have simply mis ger service, and miscellaneous expenditures, $12,000. taken the tribunal in which their claims should be considered. We are Now, the fund is provided by the 1ast appropriation bill-but I beg compelled under the rules of this House, which we, the Appropriations -pardon of the gentleman·from Missouri [Mr. BCRNES] for occupying Committee, have sought nt every step and stage to honor and respect, to his time-- make no appropriation for any object that was not authorized by law. Mr. BURNES. Go on. I remember the other day the eminent and illustrious gentlemen from 1t1r. BELMONT. I should not llave done so except that I think he Texas [Mr. REAGAN], the distinguished gentleman from New York was under a misapprehension as to this part of the appropriation. The [Mr. HEWITT], the distinguished gentleman who is. at the head of fact is the rent charge alone nuder the law amounted toabout$70,000, the Committee on Appropriations [Mr. RANDALL]! and others, de and the total appropriation was only $110,000, so that all the other clared in Committee of the Whole, with the applause of Democrats items wl1ich were necessary in the proper discharge of the duties of con and Republicans both, that hereafter they would emphasize their oppo suls in different parts of the world remain unprovided for. I can not sition to provisions of appropriations unauthorized by law by voting imagine any statute which could be so drawn as to provide them in against every appropriation bill that made such appropriations. each case. The only thing the House can do is to meet tlie repeated We have followed our conceptions of our duty under the rule; we have 1·equest of tile Department, which by annual experience finds that about lived up to them. If these claims are meritorious and are within the $150,000 is necessary; and this year we have fortunately appropriated rule, put them in this bill, and let us then understand that if a claim that amount for the year 1887. It seems to me if the gentleman from is meritorious the roles will not shut it out. I have said this much, sir, Missouri gives his attention to this matter he will not find objection to simply because my distinguished friend from Illinois [Mr. CANKON] the amendment when it is proposed. · (who knows how to aggravate us sometimes, though always in a pleas Mr. BURNES. I was pursuing a principle which was illustrated in ant way) has dared to impute to usn. disposition to act in one way when the case of a consul in China. The same principle prevails, in my judg- we have a Democratic President and in another way when we have a 6586 CONGRESSIONAL RECORD-HOUSE. JULY 6, Republican President. If the application of his remark was not to me, Mr. BUTTERWORTH. The gentleman will allow me to ask him a. it was to the committee, and equally undeserved. Reserving the bal question. Suppose a statute authorizes the appointment of an officer ance of my time, I ask for a decision. whose term is to continue four years and until his successor shall re The Clerk read as follows: lieve him at the post of duty, wherever that may be. Suppose the ap French and American cla4ns: For· payment of the amount necessary to strike propriation is insufficient to pay the two officers, where there are really a balance wit.h France, after the p,ayment, under the final award made by the two officers under commission at the same time, and two sala.ries must late French and American Claims Commission against the Unit-ed States, of the necessarily be paid, does not the gentleman hold that to be a proper claims of French citizens against this Government, under the treaty of January 15,1880, between this country and France, 15,639.16. deficiency? That is precisely the case here. Mr. REAGAN. Mr. Chairman, scarcely any proposition can be Mr. CANNON. I offer an amendment which I· send to the desk. framed in regard to which there may not be suggested something of an The amendment was read, as follows: extraordinary character which should not come within the general rule. Foreign intercourse : When I speak of deficiencies by millions, I do not speak of such a case Salaries of ministers, to pay balance found due upon the. account of Messrs. as that mentioned by the gentleman, and he understands that very well. Brown, Shipley & Co., United States bankers at London, for drafts of ministers' salaries paid by them, being a deficiency for the fiscal year 1885, $22,408.02; to I spe..11k of the habitual practice of officers administering the Govern po.y the balance found due to Henry C. Hall, minister of the United Stat-es to ment in disregarding the appropriations by Congress and expending any the Central American states, being a deficiency for the fiscal year 1885, $1,500; to amount of money which their judgment of a proper policy may dictate. enab}e the accounting officers to effect a proper settlement of the B.C<'.ounts of cer tui n officers of the United States acting charges d 'a.ffaires acZ interi m, being a defi Mr. BUTTERWORTH. But I state the caseactually presented. I ciency for the fiscal year 18&3, $6,950.96: .to enable the accounting officers to pay thought my friend referred to it, because it is the precise case in point. the balance due upon the account of Thomas Q;, Osborn, minister resident and M:r. REAGAN. I am notamemberofthe Committee on Appropria consul-general to the .Argentine Republic, for a deficiency for the fiscal year 1885, $3,903.12; t{) pay the balance found due upon t;he account of Messrs. Brown, tions and do not know anything about the special facts involved in this Shipley & Co., United Stat-es bankers at London, for draft-s of salaries of secre amendment. I only rose to unite my voice with that of the gentleman taries of legation paid them, being a deficiency for the fiscal year 1885, July 7, from Missouri in protesting against the continued viohtion of the law 1gg(), ll:2,847.07. . o~ Congress and the continued disregard of the Constitution by the De Mr. BURNES. Mr. Chairman, I have the duty to discharge of mak partments of the Government. ing a point oforder against the amenamentas proposed. I do not know, M:1-. BEL)!O:NT addressed the Chair. sir, tb.-'l.t it need be argued. I do not feel inclined to argue it. The The CHAi:RMAN. The Chair is ready to rule upon the question whole subject is before yon. without further argument. The CRA.IRMAN. What is the ground of objection to the amend Mr. BELMONT. It seems to me that the law bearing on this mat ment? ter might very properly be cited. I should regret very much if there Mr. BURNES. The ground of objection is that these are expendi marks of my friend from Missouri or the gentleman from Texas should tures in excess of appropriations and in violation of existing law. create the impression that I am in any way not in harmony \vith the The CII41R.MAN. Does the gentleman mean that they violate any purpose of this side of the House to insist that the Departments shall other law than the law limiting the right of expenditure to the amount expend money as it is appropriated. But that is not the question in that is appropriated? regard to this item, and tor that reason I desired to say a word against Mr. BURNES. This is the law: the point of order. If the Chair does not wish to hear further argu No J)epartment of the Government shall'expend in any one fiscal year any ment, I will ask that the Clerk read the statute which compelled this sum in excess of appropriations made by Congress for that fiscal year, or involve expenditure. . the Government in any contract for the futut·e payment of money in excess of The CHAIRMA.N. The Clerk will read the provision of law which such appropriation. the gentleman from New York desires to have read. Nothing can be plainer. There is the naked law. I leave the ques The Clerk read as follows: tion to the Chai.J.-. Sec. 1740. No ambassador, envoy extraordinary, minister plenipotentiary, min Mr. REAGAN. Mr. Chairman, we have had from year to year, for ister resident, commissioner, charge d'affaires, secretary of legation, assistant several years past, the expenditures of the Government going on with secretary of legation, interpreter to any legation or consulate, or consul-general, consul, or commercial agent, mentioned in Schedules B and C, shall be entitled out reference to the appropriations made by the Congress, which, by t{) compensation for his services, except from the time when he reaches his post the Constitution, is charged with the duty of making the necessary and enters upon his official duties to the time when he ceases to hold such of appropriations for the support of the Government. In addition to the fice, a.nd for such time as is actually and necessarily occupied in receiving his instructions, not to exceed thirty days, and in making the direct transit between fact that the Constitution charges Congress with this duty, and that the place of his residence, when appointed, and his post of duty, at the com the Congress has performed the duty as it understands it (and Congress mencement and termination of the period of his official service, for which he is thejudgeofit.s own powers and duties in this respect), a law has been shall in all cases be allowed and patd, except as hereinafter mentioned. And no person shall be deemed to hold any such office aft-er his successor is appointed passed, thelawjustread bythegentlemanfromMissouri [Mr. BUBNES], and actually enters upon the duties of his office at his post of duty, nor after his which forbids the expenditure of money by any Department of the official residence at such post has terminated if not so relieved. But no such Government in excess of the amount appropriated. Yet, sir, we goon allowance or payment shall be made to any consul-general, consul, or commer cial agent, not embraced in schedules B and C, or t{) any vice-consul, vice-com from year to year with the Departments of the Go""ernment utterly mercial agent, deputy consul, or consular agent, for the time so occupied in re disregarding that law, utterly disreooarding the letter and the spirit of ceiving instructions, or in such transit as aforesaid; nor shall any suchoffi.cer as the Constitution, and assuming the power to administer ~his Govern is referred to in this section be allowed com\>ensation f01· the time so occupied in such transit, at the termination of the period of his official service, if he has ment in their own way, and to expend any amount of money they resigned or been recalled therefrom for any malfeasance in his office. choose~ This abuse is not confine.d. to the State Department. It ex tends to every Department of the Government, and has become so ha The CH.AJRMAN. Whether the Committee of the Whole or the bitual that it seems to be regarde-d as lawful that this should be done, House should appropriate money to meet expenditure beyond former and as impertinent for members of Congress to inquire why it is done. appropriations is a matter for the committee to determine; it does not Now we ought to arrest this evil, and I know of no way to arrest it touch the point of order. This is a bill to appropriate money to supply but by refusing to make appropriations for these Departments when deficiencies in appropriations for the fiscal year 1886, and for other pur they make these· excessive expenditures. I felt specially gratified, poses therein stated. The very object of the bill is to appropriate therefore, when the gentleman from Missouri [Mr. BUBNES], who has money to meet expenditures beyond former appropriations. The point just taken his seat, announced his purpose of treating these extraordi of order is overruled. The question is upon the amendment proposed nary expenditures as mere claims against the Government, to be de by the gentleman from Illinois [Mr. CANNON]. termined like any other claims that have been created without authority The question being taken on the amendment, it was adopted. of law. If Congress will take this course it can control the Depart The Clerk read as follows: ments of this Government.. If, in view of the practice which has be Salaries interpreters to legations: To ~nable the account.ing officers t:> allow come habitual and reckless in the expenditure of the people's money and credit John A. Halderman, late minister and%consul-general of the United States to Siam, the sumof$124.68, paid by him for salary of interpret-er from July not appropriated, we refnse to make this appropriation, we may hope 1, 1.884, t{) Decetli.ber 81,1884, before he had received information of the reduction for some regularity and propriety in administration. of the appropriation for salary of interpreter to the JegaUnn at Bangkol;:, Siam, I speak without reference to partisanship, without reference to the from 1,000 to $)00, by the act of July 7, 1884. - question whether we may have Democra-tic or Republican administra Mr. CANNON. I submit the amendment which I seml to the desk. tion.. The Congress of the United States is charged by the Constitu The Clerk read as follows: tion with determining how much public money shall be expended and To pay George C. Foulk, charge d'affaires a.d i nterim, nt ~eoul, Corea, the for what purposes. That duty is not confided to the Departments. amount of protest fees and expenses incurred by him on drafts returned on ac The law provides that they shall expend the money which may be ap count of the exhau tion of the appropristion for salaries of ministers fol" the propriated by Congress for their use, and shall not expend any more. fiscal year 1885, against which they were drawn, $24.01. In the face of this law, in the face of the theory of onr Government, in Mr. BURNES. I reserve a point of order on the amendment. I the face of the Constitution, they go on creating de.ficiences ofmillions merely desire to call attention to the fact that there is no room for sup every year. Ther-e ought to be an end of this. I trust that the Com posing that the salary in this case payable by law was not appropria mittee on Appropriatio~ and all the committees charged with the ted, and e>idently it was drawn or ought to have been drawn. Fur duty of reporting appropriations, will insist that the Departments of thermore, it seems to me that $24.01 is a pretty good fee for· protesting the Government shall in this respect be subordinated to the power and one draft. But I submit this is on a par with a good many other propo duty of Congress. · sitions w hieh we see presented here. 1886. CONGRESSIONAL RECORD- HOUSE. 6587 Mr. CANNON. In reply to the gentleman's remarks, which I un cers about the world as the Army paymaster pays the Army, of course derstand to be upon the merits of the amendment- the payments will be made according to the commercial usages of the Mr. BURNES. I have reserved a point of order. world, which, as we know, are well established. Mr. CANNON. I am rising to speak upon the merits of the amend Mr. HITT. The officer at the close of the quarter draws his draft ment. As I explained in the general debate, the salaries of charges against the place where the money of the Government is nearest at d'affaires are put in hoteh-pot, and are drawn against in. the same way hand. His commission is his authority ft·om day to day, and it gives as the salaries of ministers. This man was a charge at Corea. He drew him credit in the eyes of the bank. 'Vhen there is no money in the his draft for his salary. When that draft was presented there was no distant bank the dr-aft goes back to the local bank and there a waits pay money to pay it, no doubt on account of the fund having been exhausted ment. As the gentleman says, it is dishonored. for the payment of other officers, and it was returned to him unpaid. Mr. HOLMAN. It is manifest there is no law authoriziog any offi Mr. RICE. Drawing drafts is the usual wu.y in which these officers cer of the Government, except officers connected with the Army and get their salaries. the Navy as paymaster, to draw on the Government. That is mani Mr. CANNON. Now I am not quite clear that I can exactly locate fest. A foreign minister or consul has no right to draw a draft on the the place where this charge performed his duty; but I have an impres Government. It neYer occurred to any person that l1e may draw sion that Corea is a long way off. I do not know what theprotestfees upon the Treasury at will for these amounts. ma.y have been; but I do 1.'tlOW that this draft came from this repre The CHAIRJ.'i:AN. The Chair would like to submit a qne..'ltion to senta.tive of the Government on the other side of the world for salary the gentleman from Indiana. Suppose there be no law authorizing the which was due; and it was not paid, because the money had been ex draft to be drawn, and yet it was drawn and the Government paid the hausted in paying salaries of other charges, so that the draft was pro protest fees? tested and returned. Now it may be that somewhere in this adminis Mr. HOL~IA.N. I do not undersbmd that they were paid by the tration there is somebody who would undertake to steal the small dif Government. ference between $24.01 and the amount which my friend from :Missouri The CH.A.IRllL""f. TheChair means paid bysoineoffi.ceroftheGov- · supposes the protest fees, expenses of exchange, and re-exchange, &c., ernment. ought properly to be. Dot this item comes here regularly submitted 1\Ir. HOLMAN. I understand that this official undertook to draw a as a deficiency; and I think this Committee of the Whole ought to vote certain sum of money on a draft when no such money was to his credit. it on this bill. • · Now, the authority for drawing such drafts seems to be only a custom Mr. IDTT. It is not on one draft, but a number of drafts. allowed, for com·enience perhaps in ce1·tain cases. But certainly there ' .Mr. CANN'ON. My colleague [Mr. HIIT] is better up in all these is no warrant of law for it. matters of the diplomatic service than I am or than the gentleman from Mr. HITT. Let me interrupt the gentleman to state that the cu tom Missouri is, and he says it is on a number of drafts. of the service is for the officer when he goes out to carry with him a 1\:Ir. BURNE.-3. It is one draft, and so stated in the amendment of paper from the State Department addressed to the Government's finan fered by himself as well as in the estimate. cial agent or banker abroad, setting forth his chara~ ter, office, and sal l!lr. HITT. It is sta.ted as drafts; it is in the plural. ary, which is something in the nature of a letter of credit, m ch as my The CTIA.llll\liN. The Chair will hear what the gentleman from friend from Indiana would take from his banker in New York when Missouri bas to "'ay. traveling in Europe, and that paper, accompanied as it is by his com Mr. DUR~ES . I base to &'ty, Mr. Chairman, that there is no law mission from the President, constitutes his financial credentials at the authorizing this man to draw this draft on this Government or for pay post in Europe or Asia or elsewhere to which be is accredited. 'rben ment to him for the expense of the protest of this draft. Whatever as the quarter's salary falls due, these· documents having been made may be the regulation of the State Department, whatever may be his known to the financial institutions through which hedrawshis money, presumed authority, there is no law authorizing him to ha>e refunded he presents his draft for the proportionate amount or quarter of his sal to him the expense of protest of a draft drawn by him on the Govern ary as ascertained by the law and by this letter of credit or document ment. which is signed by the Secretary of State, and draws his money, usually Mr. BURROWS. How much i'3 this? through a local bank at the place where he is stationed, upon the bank Mr. CANNON. Twenty-four dollars. ers of our Government at London. The Government takes care of the The CHAIRUA.N. The Chair will ask the gentlenmn from Missouri loss by exchange. That is the custom. how these consular officet·s are paid? How are their salaries sent to Mr. HOLMAN. I do not think the statement of the gentleman them? throws any light upon this question. I concede that if the money is Mr. BURNES. The Department sends drafts to the party entitled to paid by the United States and comes through this-channel by reason of payment. It may be possibly on London. The draft ought to be the this paper which is furnished through the State Department the in· draft of the Government. This gentleman in Corea, a country recently ference would be fairly drawn that the drafts in some sense are properly disco-vered, it appears dl·ew his draft upon the Government here. What drawn, or that there was some authority for them. I do not nuder Jaw authorized him to do so? That draft was protested. What law stand that this balance, if allowed, would be in fin·or of the Department, is there requiring us to pay the expense of that protest? but is a. balance certified in favor of the person by whom the draft in Mr. BELl\IONT. This is not a question arising in consular service this case was drawn. But these tmnsa~tions, if the statement of the necessarily, but it is the case as well of a diplomatic officer who. takes gentleman from Illinois be correct that the consul or minister goes the place of a minister when a vacancy occurs. Under the organizing abroad with a letter of credit and is permitted to draw a draft upon the · act of 1856 a man in such a position is called charge d'affaires ad in funds of the Government to pay his own salary at London, for instance, terim, being in charge of the legation, and is entitled to receiYe one-half where our funds are mainly deposited for the payment of our foreign · tlie minister's salary, although his own salary as secretary of legation is service, why then it is manifest that the Government would be placed not then continued. For instance, our minister to Mexico has 1'\tely re at the mercy of every person who had such letters aud thought proper tw·ned to this country ,and during his absence his secretary of legation is to draw upon the fund for any amount when he knew he had no right in charge of his office, and he is, under the law of 1856, entitled to 50 per to do so. I admit if the money had been paid by the St.ate Department cent. of the minister's salary. So it is in Vienna, where we have no out of any fund it would seem proper that this loss for protest ought to minister at present. The long-continued vacancy at that post materially be paid. But the fact that the draft went to prote~t would seem to increases the sum n.ecessary to be expended under this head. As now establish the fad that the party who drew it was not authorized. interpreted the law requires a separate appropriation. The House cau The CHAIRMAN. Does the gentleman concede that these consuls not with proprietY fail to meet this obligation. are allowed to draw draft-s-on the Government funds for their salaries? The CHA.IRl\1AN. The-trouble of the Chair grows out.of its igno- . Mr. WARNER, of Ohio. The Government would have paid it if he ranee of the law. If a minisier has the right to draw his salary and it had the right to draw it and the amount was due him. is not paid, he would be entihled to have refunded the expense of pro The CHAIRMAN. But does the gentleman from Indiana concede test. But if he has no right to draw for his sala.ry upon the Govern that such drafts are allowed by the Department? ment, then the Governmentis not liable for the expense of the protest, Ur. HOLMAN. I do not concede it, because until the gentleman and it should not be. made the suggestion that be did make, which is the first I have heard Mr. CANNON. I understand from my colleague [Mr. HITT], who of such a system, I had every reason to believe that another plan was has had long experience in the diplomatic service, as well as from an pursued. investigation I pave made into the subject myself, that some of our · Now, as I s:1id a little while ago, the main depository for the pay diplomatic corps arepaidatourbankers in London, but our diplomatic ment of our foreign service is in London. officers in Asia and other places throughout the world are paid by Mr. HITT. But not for the·Asiatic service. drafts drawn upon the Government on other bankers than those inLon Mr. HOLMAN. In the main for all the branches of the foreign serv· don. ice the funds are deposited in London. Now the Government draws on The CHAIRUA..l~. But the gentleman from Uissouri says there is that fund in fc1vor of the vru:ious persons in foreign employ who are eo no authority in law for the drawing of any such drafts. titled to receive it under the appropri..'ltions made for their employment. Mr. CANNON. The gentleman from Missouri understands such to No other plan eould be safely pursued. There may be instances where have been the unbroken practice. under peculiar circumstances the Government might honor a draft Mr. BURNES. It has been the practice; there is no doubt about it. drawn upon a fund in London or elsew het-e; but the right of any person M:r. CANNON. In the absence of authority to send disbursing offi- in our foreign service to go aml £lra.w drafts ad libit"'m upon such a fund_ 6588 CONGRESSIONAL · RECORD-HOUSE. JULY 6, would not be tolerated for a moment, I imagine, by the head of any making provision in the estimates for the fiscal year ending .June 30, 1885, not • only for an increase in the minister's salary, but for provision as well to enable Department of the Government. llim to place his mission, which had but recently been established, upon a more M:r. W A&~ER, of Ohio. If this consul drew a draft where he had efficient basis. l\Ir. Frelinghuysen's instruction concluded ns follows: no authority to draw it, and the Treasury Department declined to pay "A specific appropriation for a secretary of legation has not been asked. An effort will, however, be made within the appropriation to allow you clerk-hire." it, if it be a case of that kind, t.he man who draws the draft must him Aft.envard .1\Ir. Foote, in his dispatch, No.116, of September5, 1885, called atten self bear the cost of protest. tion to the fact that Mr. Scudder had up to that time continued to serve him in The CHAIRMAN. The Chair is in a good deal of doubt about the a clerical capacity without. compensation, and suggested that if some future pro vision could be made for :M:r. Scudder it would be a just recognition of his serv matter; but thinks if the Department owed this salary, and it was ices. Mr. Foote in this connection cited the Department's No. 35, of October27. usual to get it in the manner suggested by the gentleman from illinois, 1883, and referred to its promised recommendation. and the draft was drawn for more than was placed to the credit of the fr. Frelinghuysen replied November24, 1884, No.18. He explained that Con-_ gress had failed to make provision in a-ccordance with the Department'.s recom Government,-on being protested,. that the man who drew the draft mendation, and how the appropriations (not otherwise assigned by the act ought not to be put to the expense of paying these charges; and the itself) had been apportioned among the several consulates solely in the interest Chair holds the amendment in order. of the public service and its most pressing needs. Mr. Frelinghuysen's dispatch Mr. HOLMAN. I hardly think any gentleman is authorized to say concluded: "It Wfl.S then found impossible to grant you any amount for clerk-hire from that this draft was properly drawn. There hag been no such statement which Mr. Scudder might have been compensated; but if this shall be possible to the House or to the Committee on Appropriations. On the contrary, within the. next appropriation, 1 need not assure you that the Department will the fair presumption on all of the facts, as far I am aware, is that do what it can to compensate him iu that way for the very valuable services he as bas gratuitously rendered to you and this Government." the draft was drawn without authority, and for that reason was prp That Ir. Scudder's services might very properly receive some recognition is tested. Rpparent; but under the circumstances of the case it is for Congress, not this Mr. HITT. This item is repm'ted to the House by the Secretary of Department, to determine the amount he should be paid. This measure par takes of the nature of relief. It does not rest upon any stipulated amount or State himself and the payment recommended. approved sum of the Secretary of State as being due, for which a deficiency Mr. CANNON. In answer to the gentleman f~om Indiana I will mig·ht be asked, but merely upon the suggestion of that officer to place at Mr. Foote's disposal an amount to be expended for clerk-hire from which 1\lr. Scud state that this estimate comes from the Secretary of the Treasury, trans der might have been com pen ated, and which suggestion it was never in 1\Ir. mitted by the Secretary of State, for these protest fees on the draft Frelinghuysen's power to fulfill, as has been shown. drawn, which was stated to be in payment of salary. Some little credit I herewith return Mr. Scudder's affidavit ns requested, must, I take it, be given to the estimates that are formally and in due I have the honor to oo, sir, your obedient servant, T. F. B.A YARD. ' course of law submitted. I think it is a mean goverp.ment that will Hon. 'VILLIAlll W. MORROW, not appropriate in ad vance for the payment of the salaries of its em House of Rep,-esentatives. ployes, to. pay its consular officers and others; and a meaner govern The CHAIRMAN. The point of order is sustained. ment still not to pay the poor fellow the $24 on this protested paper. The Clerk read the following paragraph: Mr. BURNES. I wish to correct the gentleman from illinois. I ob Salaries consular officers: To enable the accounting officers to allow and cred t ject to his stating that the draft was $24. E. J. Smithers, consul of the United States atCtlin-Kiang, the sum of 1,011.48, for. Mr. CANNON. I said that was the amount of the protest. his salary from July 9 to October 20, 1884., while acting a..~ United Stn.tes consul atTien-T:sin, under the direction of the Department of State, the same having Mr. BURNES. The exact amount is $24.01. That 1 cent is the been disallowed in his a<.'counts. • straw that breaks t-he camel's back. Mr. CA..l~NON. I offer the amendment which I send to the desk. Mr. CANNON. If there is any difficulty about that, I will pay the The Clerk read as follows: 1 cent myself. After line 49, insert the following: The question being taken on Mr. CANNON's amendment, it was "To reimburse the following consular officers the protest fees and expenses adopted. incurred by them on drafts returned on account of the exhaustion of appro Mr. MORROW. I offer the amendment which I send to the desk. priation for contingent expenses of United States consulates for the fiscal year 1885, against which they were drawn, namely: Thomas '1'. Gamble, ~13.16; J. C. The Clerk read as follows: A. Wingate, United States consul at Foo Chow, $2.07; E. P. Mussey, United Insert after line 40: Sta.tes consul at 1\lahe Seychelles, $2.87; total, $18.10." "To enable the accounting officers to pay to Charles L. Scudder for his serv ices as clerk to the United States legation at Corea from March 29,1883, to March The amendment was agreed to. 9, 1885, the sum of $3,500. The Clerk read tb~ following paragraph: To enable the aceounting officers to pay to George P. Pomeroy, late agent and Mr. BURNES. I make the point of order on this proposition that consul-general of the United States at Cairo, Egypt, the amount allowed under there was no law authorizing the appointment of that officer, no law ection 1740 of the Revised Statutes for his transit from his late po t (at Cairo) to authorizing him to ser~e. his residence in the United States, namely, from July 6, l88t, to August 9, 1884, Mr. MORROW. It appears from a letter from the Secretary of State being a deficiency for the fiscal year 188:>, $475.54. that tlie clerk's fees or salary at this particular point should have been Mr. BROWNE, of Indiana. I offer the amendment which I send to paid out of the contingent fund of the Department of State, and that the desk. t.hat fund was simply not sufficient to pay the amount of salary. On The Clerk rend as follows: the point of order I desire to have read the letter of the Secretary of Insert after line 75 the following: State in answer to an inquiry about this claim. "That the proper accounting officer of the Treasury in adjusting the account of Benjamin S. Parker, late consul atSherbrooke, shall allow him a credit for 186.71, Mr. BURNES. Let me draw the line somewhere. Let me say that that sum being due him for the contingent expenses of his office fot· the fiscal the contingent fund is appropriated for clerk-hire at certain· places. year 1885, the same not having been paid because of a deficiency in the appro This gentleman's name is not included, nor is this consulate included. priation for that year." Furthermore, as regards the general sum appropriated for clerk-hire, :Mr. BELMONT. I will say to the gentleman from Indiana that I that is to be used at the discretion of the Secretary of State. There was about to offer a substitute-- is no law for this. l'r!r. BURNES. And I understand the substitute of the gentleman The CHAIRMAN. Does the gentleman from Califomi.'l. concede there from New York will cover what is moved by the gentleman from In is no law t!Uthorizing this appropriation? diana. Mr. MORROW. I do not. Thelawprovidesacontingentfund, but M:r. BROWNE, of Indiana. If there be no question about it, I am so fn.r as the clerk at Corea was concerned, as it was a new legation es not tenacious about this being put in on my amendment. tablished by law, the contingent fund for that year was not sufficient. Mr. BURNES. You will find it in the substitute. The CHAIRMAN. The Chair will ask the gentleman from Cali 1\Ir. BROWNE, of Indiana. Then I withd.rawmyamendruj:~nt tem- fornia to show the authority for this appropriation. porarily. - Mr. MORROW. It is contained in the letters which I have sent to The Clerk read the following paragraph: the desk. Contingent expenses United States consulates: To supply a deficiency in tho The Clerk read as followS'! appropriation for contingent expenses of United States consulates, $'J2,000. DEPARTMENT OF STATE, WASHINGTON, Februa1·y 16,1836. Mr. BELMONT. I offer the amendment which I send to the desk. SIR: I have the honor to acknowledge the receipt of your letter of the 7th in stant, accompanied by an affidavit made by Mr. Charles L. Scudder, of San Mr. HITT. I desire to offer an amendment at line 78. Francisco, touching his connection with the legation of the United States at '£he CHAIRMAN. The gentleman from New York [Ur. BEL:\IONT] Corea, from March29, 1883, to "March 9,1835. You accordingly ask for a statement has been recognized. His amendment will be read. from the Department showing the justice of Mr. Scudder's claim for $3,500 and the reasons for its payment. The Clerk read as follows: It is true that Mr. Scudder's presence with 1\fr. Foote, who was, during the After line 79, insert the following: • periods mentioned, United States minister to Corea, was known to the Depart "To enable the accounting officers to effect a proper settlement of the accounts ment, but his employment was not contingent upon a promise of the Depart- of certain consular officers, being deficiencies, as follows: For the fiscal year 1885, . ment that his services were to be rewarde<), and so fa1· as the records disclose the $'34,970.75; for the fiscal year 1881,$2,174..87; in all,$37,145.22." . fact they do not show that Mr. Scudder bas a lien upon this Government except so far as Congress may deem his unpaid services worthy of adequate compen sa· Mr. HITT. Will the gentleman permit to be offered fir tan amend tion. To this extent the Department is disposed to favor l\Ir. Scudder's ·claim ment which will probably go in prior to his, and which is an amend and to say that Congress should make such provision as it thinks equitable to meet the case upon a statement of the facts, which are these: ment to line 78? I desire to offer an amendment to raise the amount In his dispatch, No. 36, of October 24,1883, Mr. Foote reported that ltis snlary for contingent expenses from $22,000 to $40,000. was inadequate to meet the demands upon him, and that the contingent allow The CHAIRMAN. The Chair will state to the gentleman from Illi ance to his legation was also insufficient. :Mr. Frelinghuysen, in his reply of December 23, 1883, No. 35, stated that 1\Ir. nois, if he proposes to change the amount, that wou1d be in order be Foote's wishes had been anticipated by the Department, so far as it could, "by fore the amendment of the gentlem::m from New York [Mr. BELMONT] 1886. CONGRESSIONAL REOORD-HOUSE. 6589 is passed upon. The Chair will ask the gentleman from New York to Mr. BELMONT. I ask a vote on that amendment. withhold his amendment for a moment. Mr. BURNES. Mr. Chairman, I make a point of order on that Mr. BELMONT. I shall do so and offer an amendment to line 79. amendment and I desire to call the attention of the Chair to the differ- · The CHAIRMAN. Does the gentleman withdraw the amendment ence betwe~n the question here and the questions that have been al he heretofore offered ? ready passed upon. The consuls who created these ~eficiencies creaU:d Mr. BELMONT. For the present I do. It may come in after the them by withholding from the Treasury of the U:m~d States ~rtain one I now send to the Clerk's desk is disposed of. sums of money received by them for fees, and wh1ch 1t was therrduty The Clerk read Mr. BELMONT's amendment as follows: under the law to pay into the Treasury. Instead of paying those fees On page 4, lines 78 and 79, strike out '' $22,0:>0" and insert " $!0,000." into the Treasury, as required by law, the~ with~eld t~em und~r the pretense that it was necessary to use them m therr busmess or m the Mr. HITT. That is the amendment I desire to see made. A little consular service, and they now owe the Government that amount of explanation is necessary in addition to what has been said. The Secre money and t\is appropriation is asked to cover what seems to me to be tary of State has reported that this money has been expended. The legally the defalcation of these officials. gentleman from Illinois has read from a ~omm~icatio:n from the State Mr. HITT. Does the gentleman from Missouri [Mr. BURNES] say Department which shows very fully and m detail how lt.was.expended, that the members of the consular service have retained these fees with and that it was in pursuance of Jaw. Congress app~pnated onl_y out authority of law? The law of 1884 expressly marks the limit up $110 00(). for the contingent expenses of the consular serVlce, though It to which they are allowed to retain and apply to exp~nditures the fees, was plain to be seen by experience, and it was well ~own!? th~ Com a.nd beyond that limit they are required to pay them mto the Treasury mittee on Appropriations, that it would be tterly 1mposs10le for the and pay the expenditures out of their own pockets. They hav~ do~e State Department to carry on the service for that _amount, and a de~ this and the Secretary after examining their accounts sends us thiS estl- ciency was inevitable and was expected. It was mtend~d then, a!? 1t of the deficiency that we owe and ought t6 repay . is now, to throw it over to the next session. You see our next sess10n ma~ th~m.. Mr. BURNES. I wish to ask the gentleman from lllin?IS a pJ~m will be after election. question: Is it not a fact that these consular ~fficers do receive ofOCial The statutes prescribe the organization, the duties, the expenditures, fees which they are required by law to cover mto the Treasury of the the details of the service, consular and diplomatic. The law, for ex United States? ample provides that the amount of rent authorized to be paid shall be ~Ir. HITT. They are required to pay into the Treasury the feea re- equal to 20 per cent. of the amount of the salaries of the consuls, and ceived above and beyond a certain limit. . the salaries are all fixed by law. This 20 per cent. on $345,000, the Mr. BURNES. Now, I wish to ask the gentleman wh~ther m tltese total of salaries, would be sixty-n,ine thousand out of the one hundred cases under consideration the consuls have not used thlS money and and ten thousand appropriated for cont.ingent expenses. The la'Y pre withheld it from the Treasury, and is not this appropriation sought in scribes the payment for postage, stat1onery, blank forms, furn~ture, order to cover the deficit so made? newspapers, statistics, messenge~ service, the payme~t ~f a senes of Mr. HITT. · Not at all. The Secretary of State has reported that items that were mentioned by the gentleman from Illino~ [Mr: CAN these consuls have paid these expenses out of their own pockets, and NON] and again referred to by the gentleman from M1SSour1 [Mr. these very amounts are found to be the amounts due to thes_e offi.cers BURNES]. The Secretary of State, I suppose, deemed that i~was nota for expenditures inade in lien of and above the fees they have rece1ved matter of discretion whether he should continue the operat10ns of the and expended. They are required to account for and tur~ in the fees Department, the different }?ranches of the service as a~ready orgai?- after they reach a certain limit and pay further expendttures the~- . ized. I may say he was com~ll~ to carry on the ser!lce,, to ke~p 1t selves and they have done it. If I may answer the gentleman speci going, just as the captain of a ship 18 comp~lle~ to keep h1s ship ~ov~g, fically in :the language of the State Department I will quote these with all that belongs to its complex orgamzation. When you gtve hrm words: · a liat of officers and a prescribed number of me~ whom h~ must emp~oy and a great machine which he must keep gom~, th~n if you furmsh That it~ desirable now to meet this deficiency rather than entail ?PO~?- ~he consular officers the necessity of personally bearing the expense of ma.~tammg him money only to pay the men and do not also gtve hrm enough to buy the consular service of the Government for three months and then wat.t a year coal for the voyage, of course he has to· go in debt for coal or never afterward for reimbursement, because there generally elapses the pertod of a. bring his ship throngh. year from the close of a fiscal year before the deficiency becomes a.V!lila.bl~. Formerly the burden was not so great, because ma.uy of the ~onsuls paid the1r '!'hat is the situation of the Secretary of State; and I suppose the expenses out of their fees and were embarrassed only by ba.vmg their accounts committee when they submitted this insufficient appropriation last suspended until the deficiency appropriation was passed, but under a clause of year knew perfectly well that he would have. to go on and carry out the deficiency act of 188! t.he consuls are not now allowed to so use the fees, and the existino- general laws, and then allowed him much less than was consequently they have to bear the expe11Se out of their own private resources. absolutely ~ecessary to carry on the machine, as you gentlemen of Con And the Secretary then gives this estimate of the deficiency and rec gress constructed that machine, as you catalogued these offic~rs, as you ommends that it be appropriated. And then he sends this estimate of determined their functions and the amount that should be paid to them deficiency here and recommends its payment. and for rent in proportion to the salaries fixed by law. The ~e~etary, Mr. BELMONT. Is the question of order now under discussion? I believe honestly went on and expended the money. He dtd 1t, as I The CHAIRMAN. The question of order is pending. have bee~ informed upon inquiry at the Department into details, with :Mr. BELMONT. Then I desire to say that there is no question of vigilance, with economy, and with X:igid scrutiny. : The ~oney has fees involved in this proposition in any manner. As has been well been paid out by the officers from ~herr own poc~ets m many lDStances, stated by my friend from Illinois, the deficiency act of 1884 exp~essly in others by the bankers, who believed that this Government would prohibit5J consuls from using th~ir fees for these purposes; and thlS. de keep faith and carry out its own laws. · ficiency is created by an insuffiCiency of the allowance for rent, stat~on These dishonored drafts now :floating about the world are many of ery, and postage. The allowance for rent is provided for. by section them fifteen months old. By an amendment to the appropriation bill 1706, and is at the rate of 20 per cent. on the salaries of such consuls of 1884 it was provided that thereafter the feed consuls should not con as receive more than $1,000. vert the fees beyond a certain amount te the purpose of paying for It seems to me that no point of order lies against this proposition, expenditures, but must pay the extra expenses out of their own pockets, for the simple reason that this committee has alr~dy made pr~visio~ ~ill rep~y ~h~y ~ade and they have done so.. Now, you not them? for this purpose for the year 18B6. Indeed m:y friend from Mlf>S~ur1 the expenditure expecting that 1t would be proVlded for, ~d if 1t J.B not [Mr. BuRNES] himself report~ from ~heComi_IUtteeonApproi?r~tions. done in this deficiency bill, after fifteen months of delay, 1t may not be the bill now before the comnnttee which reqmred an appropnatwn of done at all. I have no doubt, however, that it will be done; but this $22 000 for this item for 1886. The amendment which I propose re cutting down the bill this year to give this House an air of economy lat~s to 1884 and 1885. If an appropriation of this kind was in order and get past the fall elections, and putting these items over to next as to 1886 it is equally in order in regard to these two years. winter so that they may be then included in another deficiency bill, is, The CHAmMAN. As to the fund out of which these expenses are I submit a very poor, temporizing, half-way fashion of doing public paid the Chair has no knowledge, and will therefore rule the amend- business.' I think we ought to comply with the request of Secretary ment in order. . Bayard, and meet now these expenses which have been already in~urred, The question being taken, the amendment of Mr. BELMOXT was and pay back this money which has been already paid out for the Gov adopted. ernment. We provided a governmental machine which we knew would cost $150,000 for contingent expenses and ordered it to go on. We only Mr. BROWNE, of Indiana. I desire now to renew the amendmen~ prottided $110,000 for those expenses. Let us honestly pay the balance, I offered a moment ago for the purpose probably of merely renewing an inquiry to the gentlemen who have this matter in charge. In the ~40,000. Mr. ·BELMONT. Mr. Chairman, I do not think it is necessary for case to which I refer Benjamin S. Parker retained from the fees un.der me to add anything to what has been said. In voting this appropria the statute which has been referred to $186.71. Upon an accountmg tion the House will be simply can-ying out the policy hitherto adopted. with the proper Departmentitwas found that more than th~sum was I ask for a vote. due him· but as the appropriation was exhausted lle was directed to The amendment was agreed to. return ~ the Treasury the sum of $186.71. This was for the year The Clerk read as follows: 1885. M:r. Parker was unable to return the money. I entere~ in~ a correspondence with the Comptroller of the Treasury, requestmg him To ennble the accounting officers to effect a proper settlement of the accounts of certain consular officers, being deficiencies, as follows: For the fiscal year, 1885, to wait until Congress should act on the matter, which he kindly con 134,970.a.'S; for thtl fiscal year, 1884, $2,174.87; in all $37,145.22. sented to do. 6590 CONGRESSIONAL REOORD-HOUSE. JULY 6, Now, in this case the consul has not paid the money into the Treas Mr. BURNES. I make the point of order on that amendment. my, but has retainedit; and my amendment proposes that in a. settle Mr. DINGLEY. Mr. Chairman, I wish to say simply in reference to ment with the Treasury Department he be allowed this sum as an off this matter that the Committee on Claims at this session have investi set to any balancethatmaystand.against himasduethe United. States. gated this matter, and find the facts to be as stated: They had before Ifhe had paid thismoneyhewould be entitled now to receive it back. them the communication of the Secretary of State, Mr. Bayard1 saying If he had paid it, he simply asks that in the accounting between him that this amount had been exacted, and illegally exacted. It had fur Not havingasury Department the sum may be allowed to him. The ther, sir, the statement of the Secretary of the Treasury that the money and the Treish to ask is whether Mr. Parker's case is covered by the had been covered into the Treasury. It would have l~en paid back question I wwhich have already been adopted. · at once ha.d it not been co-vered into the Treasury. AI3 it was, there !fr. BELMONT. I understand 1\fr. Parker's case to be a deficiency was no fund out o which payment could be made. It is in the nature, for the year 1885. therefore, of an adjudicated amount. 4-sit was paid into the Treasury, Mr. BROWNE, oflndiana. Yes, sir. it could not be refunded except by appropriation. It therefore prop- Mr. BELMONT. Then it would be covered by the second amend erly belongs in this bill. · ment. The CHAIRMAN. The Chair regards it as out of order. Mr. BROWNE, of Indiana. He not having paid the money into the Mr. DINGLEY. Upon what ground? Treasury? The CHAIRMAN. That it is not an audited amobnt. !tir. CANNON. I think the amendment covers it. ltfr. DINGLEY. It has been examined and audited by the Secre- Mr. BURNES. I suggest that the gentleman from Indiana, in order tary of State and the SecTelary of the Treasury. to make the matter certain, had better ask unanimous consent to in The CH.AIRMA... ~. The Chair sustains the point of order. sert in the am~ndment of th.e gentleman from New York [hfr. BEL ?tfr. DINGLEY. Does the Chair rule the amendment out? :MONT] the words "including the account of Benjamin S. Parker," &c. The CHAIRMAN. That is the decision of the Chair. 1t1r. BROWNE, of Indiana. In accordance with the suggestion of Mr. DINGLEY. It stands exactly on the same ground as more than the gentleman from Missouri, I ask unanimon.~ consent that in the a dozen paragraphs of the bill reported by that committee. amendment offered by the gentleman from New York there be inserted, The CHAIR~1AN. Does the gentleman take an appeal? after the word ''officers,' 1 these words: M.r DINGLEY. I do not. Including the account of Benjamin S. Parker, late consul at Sherb1·ooke, for The CHAIRMAN. The Chair will hear the gentleman on the point $186.71. of order. The CHAIRMAN. The Chair hears no objection; and the amen.d Mr. DINGLEY. I will simply say on the point of order, be:!anse I ment suggested by the gentleman from Indiana [Mr. BROWNE] will think there is a misapprehension of the amendment, that it appears be made. from the communication of the Secretary of State this amoun~ of $1,112 The Clerk read as follows: was illegally exacted at Bremerhaven, and paid under protest. Appeal To reimburse T. McF. Patton, United States consul at Osaka and Hiogo, Japan, was taken to our minister at Berlin, and the exaction wa declared to amount expended by him for salary of interpreter to that consulAte for the third have been illegal. The Secretary of State confirmed that decision. On quarter of 1884, being for the service of the fi!!Clll year 1885,$125. application to refund the money it was decided; the amount having been !fr. GILFILLAN. I move to amend by inserting after the para covered into the Tra'l.Sury, appropriation wa.s necessary. It seems to me graph just read the following: on that statement of fucts this should be considered as an audited claim To reimburse 0. 0. Andrews, late United States consul-general at Rio d e Ja and the amendment as in order to this bill. neiro;the amount expended by him for clerk-hire in excess of the amount nl The CHAIRMAN. The gentleman from Mallie and the Chair differ lowed by law during the year ending September 1,1883,5600. as to what the word audited means. l\1r. Chairman, this amendment is for the purpose of supplying a de Mr. BELMONT. I am obliged to offer this amendment, as it seems ficiency in the fund provided for the payment of clerk-hire at this con to be an omis.'3ion in the bill. sulate. The claim has been examined and an appropriation of this The Clerk read as follows: amount is recommended by the Secretary of State in a letter which has been transmitted here by the Secretary of the Treasury, and which I . To meet a deficiency in the salaries ·or consular officers, not citizens of the hold in my hand. I believe the amendment is not opposed by the Com Uruted States, for the fiscal year ended JUlle 30, 1886, $4,000. mittee on Appropriations, and therefore I will not occupy time in dis Mr. BELMONT. The reason for this amendment is that, by recent cussing the merits of the question. changes in these consulates, vice-consuls, not citizens of the United The question being taken, the amendment was agreed to; there be States, have been compelled to take charge of the con ulates, and it ing-ayes 61, noes 34. has been discovered that the Secretary of State did not have at his The Clerk read as follows: disposal an amount sufficient to meet the requirements of the service. Loss on bills of excha~ge, consular s_ervice: To reimburse Al~xande~ C. Jones, I ask the communication of the Secretary be read. Jate United States consul of Nagasaki, Japan, the amount pa1d by hl.Dl for the The Clerk read as follows: loss by exchange on drafts which were returned to him unpaid, being for the TREASURY DEPARTMENT, MaJJ 14, 188G. service of the fiscal year 1885, ~.52. Sm: I have the honor to transmit herewith, for tlie consideration of Congress, Mr. BELMONT. I mo'Ve to amend by inserting after the paragraph copy of letter of the Secretary of State of the 13th instant, in Telation to the in just read the prevision which I send to the desk. sufficiency of the appropriation for "salaries of consular officers not citizens of The Clerk read as follows: · the United States" for the current fiscal year, and submitting nn estimate of 4,000 to supply the deficiency therein. To enable the accounting officera, without the payment of any money from Respectfully, yours, the Tren.sury, to reimburse appropriations for the consular service 1885 the C. S. FAIRCHILD, Acti ng •cretary. amount ofloss on bills of exchange paid from said appropriations, being a defi ciency for the fiscal year 1885, $1,387.90. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. 1t1r. BURNES. I trust my friend from New York [Mr. BELMONT] will accept an amendment to his proposition; otherwise we publish to DEPARTMENT OF STATE, Washington, May 13, 1886. the world what seems to be a fraud on its face. I suggest that the gen Sm: Referring to your letter olthe 7th instant, relati¥et{) the insufficiency of tleman strike out the words ''without the payment of any money from the appropriation for" salaries of consular officers not citizens," I have the honor to reqnest you to submit to Congress an estimate of $4,000 additional for the Treasury.'' Those words relate to the balancing of the accounts, the vear 1886, t{) be included in the deficiency bill. and they show on their face what I do not like the world to see-that The $6,000 appropriated, as you are aware, has usually been ufficient, but we are allowing credit for money. which has been withheld. Such a during th present fiscal year so many changes have been.made in the consular service, causing consulates to be left in charge of vice-consuls who are not citi thing does not look well in a public document. zens of the· U. nited States~ that this appropriation became exhausted in April, Mr. BELMONT. I see no objection to the gentleman's suggestion. 1886, before all the drafts ura.wn for salary for the first quarter 1886 were paid. will I have the honor t{) be, sir, your obedient servant, I only say that the wording of the amendment was taken from the T. F. BAYARD. estimates as they have been before the Committee on Appropriations. Hon. D.U.LEL 1\1A :r-.-~TING , Mr. BURNES. That is true. Secretary of the Treasury. Mr. BELMONT. I am perfectly willing to accept the gentleman's The a~endment was agreed to. suggestion. · Mr. BELMONT. I move the following amendment: The CHAIRMAN. Does the gentleman from New York modify his Page 7, amend by inserting after 1ine 154 a follows: To meet a. deficiency in amendment by striking out the words indicated-''withont the pay the salaries of charges d'affaires ad interim for the fiscal year ended June 30, ment of any money from the Treasury?" 1886, SS,100. Mr. BELMONT. I do. Mr. BURNES. I apprehend this is not subject to the point-of order, The amendment as modified was agreed to. but I ask both sides of the Honse to vote it down. This is a worthless, Mr. DING~Y. I offer the following amendment. soft service, and I do trust that is something this House will vote out The Clerk read as follows: of this bill. Amend by inserting·after line 1M as follows: ".M:iscellaneous: To refund to James 1\L Hagar, managing owner of the Mr. BELMONT. This is to provide compensation for those officials American ship St. James, the sum improperly.exacted from said ship by the of the United States who are now at their posts of duty. In the C?.se United States consular agent at Bremerhaven, Germany, under protest of the ofVien.nn., where we have uo representative, the secretary of legation master, and covered into the Treasury ~,.,.said exaction having been held t{) be iltegal by the United States minister at .tSerlin, which decision was affirmed by is entitled to one-half of the pay of the minister during the period of the State Department,$1,112.75. -vacancy. 1886. CONGRESSIONAL RECORD-HOUSE. ·6591 But during that period he is entitled to no salary as secretary. The It is a laborious and responsible duty that. they discharge, the duty statute, which I will read, provides (section 1685, Revised Statutes): of both minister and secretary of legation, and it has been made more For such time as any secretary of legation shall be lawfully authorized to act exacting recently by reason of the changes tha~ have taken place in the as charge d'affil.ires ad interim at the posttowhichbe shall have been appointed Government since the change in the political head. The amendment be shall be entitled to receive compensation at the rate allowed by law for a charge d 'affaires at such post; bqt he shall not be entiUed to receive for such proposes to pay nothing that has not been cnstomary and pl'ovided by time the compensation allowed for his services a.8 secretary of legation. law heretofore, and this duty has been recognized for fifty years as nec In the various changes which have taken place, as I have already ex essary, important, and laborious. plained earlier in this discussion, lately this item has been increased. The question was taken on the amendment.ot 1\Ir. BELMONT; and I do not think it is necessary to take up the time of the committee . there were on a division-ayes 68, noes 77. · with the further reading of communications from the Department, but So the amendment was rejected. I will ask leave to have it printed in connection with he amendment Mr. BURNES. I now ask unanimous consent, Mr. Chairman, that which I have offered. the Clerk of the House may arrange the different items that have been There was no objection. put into the bill under proper heads. They have been put in at irreg- , The communication is as follows: ular places and at intervals, and it will be almost impossible to pursue them unless they are rearranged. TREAsuRY DEPARTMENT, June 1, 18S6. Sm: I have the honor to transmit herewith, for the consideration of Con The CHAIRMAN. Does the gentleman apply that request to the gress, copy of a communication from the Secretary of State of the 5th instant, in entire bill? which be submits the necessity for an urgent appropriation of $8,100 to supply a Mr. BURNES. Only to the State Department. deficiency in the appropriation for salaries of charges d'affaires ad interim for the current fl. seal year, to meet drafts drawn on this account, some of which There was no objection, and it was so ordered. haye already)>een presented and payment refused for want of funds. Mr. BURNES. I now call the attention. of my friend from Tennea Respectfully, yours, see [Mr TAYLOR] to the fact that I promised him to be hearcl. C. S. FAIRCHILD, .Acting &cretary. Mr. ZACH. TAYLOR. I move the adoption of the nmenG..mmlt The BPEA.KER of the House of Rep1·esen.tatives. which I send to the desk, to be inserted after line 1590. · The Clerk read as follows: DEPA.RTliENT OF STATE, W.ASHINGTONN, JuneS, l8S6. Sm: I hnve the honor to ask that Congress be requested to provide in the de FINniNGS OR AWARDS OF THE COURT OF CLAnlS. ficiency bill for the paym.ent of salaries of charges d'affaires ad imerim for the That the Secretary of the Treasury be, and he is hereby, au·thorized and di current flscal year the sum of $8,100, to meet the settlement of accounts and pay rected to pay to the following-named persons the sums respecti>ely found due ments of drafts now held, and other drafts on this account for said services dur them by the Court of Claims under the act of March 3, 1883, and duly reported ing the current month, which will be presented for payment early after the 30th by said court to Congress, namely: instant. It is hoped that in ord.er to protect the drafts now held, and to preserve To Mary A. Blackwell, $9t0. the credit of the Oovernmenll and its officers, the necessary appropriation to pay To John 1\1. Campbell, $1,046.50. them and others will be promptly made. The appropriation for the currentfi.s.. To Anna M. Cogswell, S3,884. cal year is only Sl.Z,OOO, and we have just been n.ble from the reception of the ac To Elizabeth P. Dyer, $!80. .. counts to ascertain that there will be a deficiency for this service of at least the To Newitt Harris, SOOO. . amount stated above. To David H. Hildebrand, $1,078. The accounts received are as follows: To Horace P. Hobson, administrator of .John 0. Graves, dividual. But the amounts have been :fixed and everything done to a concurrent resolution providing for the printing and distribution of show the liability of the Government. It is an amount the Govern the annual report of the United States Civil Service CommiSsion. ment owes and has not paid, and it does not seem likely that it ever The message further announced that the Senate had agreed to the res will be paid unless we can get it passed on some bill of this kind. olution of the House of Representatives requesting the President of the The CHAIRMAN. It may be very proper to pass a bill for the pay United States to return to the House th~ bill (H. R. 3701) granting a. ment of these claims, but it is not in order to put them on this bill. pension to Daniel J. Bingman. Mr. CANNON. I do not know, and I ask the question for informa tion, if any of these claims hnve been certified before or not. DEFICIENCY .A.PPROPRIA.TION DILL. A MEMBER. Some of them have been. :Mr. BURNES. I move the previous question on the bill and amend· Mr. CANNON. There ought to be some way provided by which ments. these appropriations can be made when the claims have undergone ju The previous .question was ordered. dicial investigation, either as we dispose oftlie 4th of July claims orin The SPEAKER. Gentlemen will indicate the amendments on which some other way. they desire to have separate votes. M.r. BURNES. Is not the proper course for that tribunal when it Mr. BURNES. I ask unanimous consent that the time of the ses has investigated the cases to send them back with its report to there· sion to-day be extended until 6 o'clock, or until this bill is completed. spective committees? The SPEAKER. Is there objection to the request of the gentleman The CHAIRMAN. At any rate the Chair holds that the amendment from Missouri? is out of order on this bill. . A MEMBER. I object. Mr. BURNES. I ask leave to submit the amendment which I send · The SPEAKER. Are there any amendments upon which a separate to the desk. ' vote is demanded? The Chief Clerk read as follows: M:r. BURNES. Yes, sir; there are several. On pa~e 64,line 1569,after the word" cents," insert: "Anne H. Elliott,$505.93, Mr. TURNER. I ask a separate vote on the amendment proposed and Emily Elliott, $505.93 ;" and in lines 1569, 15i0, 1571, in lieu of the·sum pro by the gentleman from Iowa LMr. HEPBURN], making an allowance of posed, insert $683,228.12. $1,000 in connection with some former election contest in regard to mem Mr. BURNES. I ask to have read the letter of the Secretary of the bers of the House from the State of Iowa. Treasury transmitting those claims. Mr. REAGAN. I ask a separate vote on the amendment giving an The Clerk read as follows: extra month's pay to the employes of the House. TREASURY DEPART:MEl<'T July 6,1886. 1 Mr. BURNES. On page 72 there is an amendment in regard to the Sm: I have the honor to inform you that on the 11th day of l\Iay,1885, the Court of Claims gave judgment against the United States in favor of .Anne H. funding of taxes illegally collected from railroads upo~ which I am Elliott for S505.93 and in favor of Emily Elliott for fQ00.93, both of which said instructed to ask a separate vote. .Also an amendment on page 98; also judgmeDts were presented to-day for payment. . an amendment on page 65, in relation the improvement of the Fox It would seem proper that they should be inserted in the gene1"al deficiency to bill. and Wisconsin Rivers. Respectfull)", yours, - 1\Ir. BRAGG. That is for the payment of judgments. C. S. FAIRCHILD, Acting Becreta1·y. Mr. HOLMAN. On page 110 there is an amendment offered by the Honir:~?:"vJ~.:::~ntaUves. gentleman from Texas [Mr. CRArY] upon which a separate vote is de- The amendment was adopted. sired. Mr. BURNES. Unless there be somet~g else that haS been passed lllr. BURNES. I will call the attention of the gentleman from Cali- over or unless we are under obligations to some member, I will move fornia [lllr. MoRROW] to the fact that he was to ask for a separate vote that the committee rise. upon the item for the compensation of California members in the con- tested-election cases. . Mr. GUENTHER. When I offered the amendment with regard to Mr. _MORROW. I do not know, Mr. Speaker, that it is exactly the Qverfiow damages the last five items failed to give the amount of proper that I should ask a vote on that, one way or the other. The thejudgments,andinsteadofthat gave the amount ofthecosts. I ask gentleman from New York [Mr. PAYNE] can state whether a separate_ unanimous consent that the amendment be corrected as to these five vote is desired or not. names, so that it will read: llfr. HOLUAN. That was not reported to the House, I believe. I Wilhelmina. Retz, $75; .A.ndn:w Kewitz, SlOO; G. Liebenhaur, f200; David think there was an agreement that thA gentleinan from California [Mr. Evans, S500; Frederick Hault, $'>...40. . -< I simply substitute the amounts of the awards for the costs. I have MORROW] might move to amend the proposition submitted by the com mittee. the consent of the chairman of the subcommittee that this change shall Mr. MORROW. As I understood it, the agreement was about this: be made. · TheCHAIRMAN. Thegentlemanfrom Wisconsin [11iir. GUENTHER] The Committee on Appropriations recommended an .appropriation of asks unanimous consent to make the correction which he has indicated. $650; there was also a propos.i~ion that ~he amount should be $1,00.0 There was no objection. or ~1,150. .As to that proposition the nght to have a separate vote it The CHAIRMAN. The question is on the motion of the gentleman! desrred ',Vas reserved by the gentlema~ from New York [Mr. PAYNE], from Mis....~uri [Mr. BURNES] that the committee rise. and I think the gentleman from Indiana [Mr. LOWRY] stated when The motion was agreed to. · the arrangement was su~ested tJ;tat the amendment could be made to The committee accordingly rose; and the Speaker having taken the cover any sum that we might desrre to move. chair, i{r. HAMMOND reported that the Committee of the Who}e House ~Ir. LOWRY: The amendmen~ offere~ ~y my colleague on the Com on the state of the Union, having had under consideration the bill (H. R. nnttee on ElectiOns CMr ..TURNER] 1 .proVIdmg the sum of $650 for the 9726) making appropriations to supply deficiencies in the appropria- expenses of. t~~ Califorma delegation,. was adopted on a _vote by the tions for the fiscal year ending June 30, 18S6, and for prior years, and voice. A d1viS10n was called for, and 1t was ~lso adopted m t~at way. for other purposes had directed him to report the same to the House A vo.te by tellers was then asked for, and while ~ha;t vote was m prog- w'th1 sundry amendments . ress 1t was agreed that the amendment appropnating $650 should be · · ! adopted by the Committee· of the Whole with leave for the gentleman EJ.~ROLLED BILLS SIGNED. . i from Caliiornia [Mr. M:ORROW] to move an amendment in the House Mr. NEECE, from the Committee on Enrolled Bills, reported that the 1 to make the amount $1,150. committee had examined and found duly enrolled bills of the follow- 1 Mr. TURNER. The gentleman is mistaken. The amendment of ing titles; when the Speaker signed the same: 1 fered by me was adopted by a majority on the vote by tellers. It was A bill (S. 503) relating to the Supreme Court of Montana Territory, I not agreed to p1·o jor1na. and providing for the establishment of judicial districts. in the Territory; I Mr. MORROW. The gentleman from Georgia is correct about that. and The SPEAKER. What the Chair desires to ascertain is whether it A bill (S. 2592) to amend and correct the act approved June 1, 1886, 1 was understood that there might be an 'amendment offered to that granting a pension to J. H. Thornburg. amendment so as to make th'e amount $1,150. 1\IESSA.GE FROM THE PRESIDENT. I Mr. LOWRY. That was the understanding, ahd there is substan- A message in writing from the President of the United States was tially no ~erence betwee!l the statement .of my friend the chairm~n co municated to the House by Mr PRUDEN one of his secretaries 1 of the C?mnnttee on ElectiOns and that which I have made. The dif- ~ , · ' · ference lS that I understood that the vote by tellers had not been com- JIIESSAGE FROM THE SEN ATE. pleted; but his understanding is that it was completed. A message from the Senate, by Mr. McCooK, theirSecretary, informed Mr. PAYNE. Mr. Speaker, the understanding has been correctly the House that the Senate had passed the bill (S. 1800) to secure the stated, but I do not desire to press that amendment and I shall notask Cherokee freedmen and others their proportion of certain proceeds of a.separate vote. lands under the act·of March 3, 1883. The amendments reported from the Committee of the Whole on the The message also informed the House that the Senate had adopted a state of the Union, except those on which separate votes were demanded, resolution transmitting, in compliance with the request of the House, were then agreed to. an engrossed copy of the bill (S. 1526) amending sections 4756 and 4757 Mr. BURNES moved to reconsider the vote by which the amendments of the Revised Statutes, relating to pensions and to certain disabled per- were agreed to; and also moved that the motion to reconsider be laid sons who have served in the Navy or Marine Corps; on the table. The message further informed the House that the Senate had passed The latter motion :!"as agreed to. 1886. CONGRESSIONAL RECORD-HOUSE. 6593 The SPEAKER. The Clerk will now report the first amendment NOT VOTING-113. upon which a separate vote is asked. Adams, J. J. Dawson, Laffoon, Scott, Aiken, Dougherty, Landes, Sessions, Mr. SPRINGER. Mr. Speaker, I ask unanimous consent to make a Arnot, Dowdney, Lanham, Shaw, statement in regard to an item upon which a separate vote iB asked, the Ballentine, Eden, LeFevre, Smalls, allowance to the widow of a former member of this House from Iowa. Barbour, Ely, Lehlba.ch, Snyder, Barnes, Ermentrout, Libbey, Spriggs, The SPEAKER. There is no separate vote asked by the gentleman Bliss, Findlay, Lovering, St.a.hlnecker, from Iowa upon that amendment. Boutelle, Fleeger, Mahoney, Steele, Mr. SPRINGER. The gentleman from Georgia [Mr. TURNER] has Brady, Foran, Maybury, Storm, Brown, C. E. Funston, 1\Iillo.rd, Struble, nsked a separate vote upon it, and I owe it to the House to correct the Brumm, Gallinger, Miller, Swope, statement which I made when the amendment was offered. Buchanan, Gay, 1\Iills, Symes, I was then under the impression, and I stated, that the amount of Caldwell, Glass · 1\Iitchell, Taylor, E. D. ; Campbell, Felix Goff,' 1\Iuller, Taylor,J.M. the allowance recommended by the Committee on Elections when I was Campbell, J. E. Green, R. S. Negley, Thomas, J. R. chairman of that committee was greater than the amount provided in Campbell, J.M. Grout, Nelson,. Throckmorton, the amendment offered to this bill. That was a mistake. The amount Campbell,T. J. Hale, O'Hara, Townshend, Carleton, Hall, Parker, Tri~, recommended by the Committee on Elections of the Forty-sixth Con Clardy, Hammond, Payson, Watt, gress in this case was $750, and that amount was disallowed, as were Clements, Hanback, Pettibone, "\Vallace, the allowances in the other two cases, by a vote of 75 in-the affirmative Cole, Harmer, Phelps, · Ward,J.H. Collins, Harris, Pidcock, Ward,T.B. to 77 in the negative. Compton, IIeard, Pirce, Weaver, A. J. Mr. TURNER. Then, if the gentleman will pardon the inquiry, I Comstock, Hemphill, Reed,T.B. Whiting, understand him to state that the allowance of $750 in this case was Crain, Henderson, D. B. Reese, Woodburn, Daniel, Herbert, Riggs, Worthington. voted down by the House? Dargan, mscock, Robertson, Mr. SPRINGER. It was recommended by the Committee on Elec Davenport, Houk, Rogers, tions, but was voted down by the House. Davidson, R. H.l\I. King, Sawyer, The :first amendment reported from the Committee of the Whole on So the amendment was adopted. which a separate vote was demanded was read, as follows: · The following additional pairs were announced: After line 633 insert the following : Mr. HERBERT with Mr. BOUTELLE, on this vote. "For payment of bills as follows: Being a. deficiency for the fiscal year 1885, Mr. HAMMOND with Mr. NEGLEY, on the pending bill. June 10,1885, Old Colony Steamboat Company, for transportation of enlisted mcn.from New York toN ewport, $127; l\1ay 27, 1885, Old Colony Steamboo.t Com The following-named members were announced as paired for the r~ pany, for transportation of enlisted men from New York to Newport, $162; Jnne mainder of the day: 1, 1885, Pacific 1\Iail Steamship Company, transportation of enlisted men from Mr. DARGAN with Mr. STRUBLE. New York to San Francisco_, S493.50; June 24, 1835, Pacific Mail Steamship Com pany, transportation of enlisted men from San Francisco to New York, 14,935; Ur. HALE with :Mr. SESSIONS. April 7, 1885. Pacific Mail Steampship Company, transportation of enlisted men Mr. CLARDY with Mr. BRm.DI. fre m New York to Aspinwall (Panama expedition), $1,600; May 20, 1885, Pacific Mr. CoMSTOCK with ltlr. FUNSTON. Mail Steamship Company, transportation of enlisted men from Aspinwall to New York (Panama expedition), $1,170. Total, 38,487.50. Mt. LANHAM with :Ur. GALLINGER. Mr. CALDWELL with Mr. HENDERSON, of Iowa. The question being .taken on agreeing to the amendment, there were- 1\Ir. KING with Mr. PETTmONE. ayes 91, noes 95. Mr. DANIEL with Mr. HARMER. Mr. CANNON. I call for the yeas and nays. .. Mr. TOWNSHEND with Mr. PAYSON. The yeas and nays were ordered. Mr. BOUTELLE. I desire to state that if the gentleman from Ala The question was taken, and it was de-.;idcd in the affirmative-yeas bama [Mr. HERBERT] were he:re, I should vote "ay." 117, nays 93, not voting 113; as follows: Mr. KING. If the gentleman from T~nnessee [lrir. PETTIBONE] were present, I should vote in the affirmative. YEAS-117. The result of the vote was announced as above stated. Adams, G. E. Dingley, Ketcham, Reid,J.W. The SPEAKER. The hour of 5 o'clock having arrived, the House .Allen, C. H. Dorsey, La Follette, Rice, Atkinson, Dunlui.m, Laird, Rockwell, st.'lnds adjourned until to-morrow morning at 11 o'clock. Baker, Dunn, Lindsley, Romeis, Bayne, Evans, Little, Rowell, Belmont, Eve.rhart, Long, Ryan, PETITIONS, ETC. Bingham. Farquhar, Lore, Scranton, Blanchard, Felton, Louttit, Spooner, The following petitions and papers were laid on the Clerk's desk, Bland, Frederick, Lyman, Stephenson, under the rule, ~nd referred as follows: Blount, "Fuller, Markham, Stewart, J. W. By Mr. BUNNELL: Petition of the Home Guards and United States Bound, Gibson, C. H. 1\IcComrut, Stone, E. F. Bragg, Gilfillan, 1\IcKenna, Strait, Reserve Corps, Missouri Volunteers' Association, ofthe State of Missouri, Breckinridge, C. R. Grosvenor, McKinley, Swinburne, favoring the equalization-of-bounty bill-to the Committee on Invalid Breckinridge,WCPGuenther, Merriman, Ta.ylor, I. H. Pensions. Browne, T. M. Hayden, 1\Iilliken, '.raylor, Zaeh. Brown, \V. ,V, Haynes, 1\Ioffatt, Thomas, 0. B. By )'1r. C. E. ;BROWN: Memorial of Post 141, Grand Army of the Buck, Henderson, T.J. Morrill, Thompson, Republic, of Cleveland, Ohio, for pension legislation-to the same com Bunnell, Hepburn, 1\Iorrow, Tucker, mittee. Burleigh, Hermann, Oates, . VanSchaick, Burrows, Hewitt, O'Donnell, Wade, Also, petition of Home Gnards and Uni-ted States Reserve Corps of Butterworth, Hiestand, O'Neill, Charles Wadsworth, Missouri for equalization of bounty-to the Committee on War Claims. Candler, Hires, O'Neill,J.J. Wakefield, By Mr. COMPTON: Petition of Mary Bringle, and ofT. P. Vignieve, Cannon, Hitt, Osborne, 'Varner, William Caswell, Holmes, Owen, Weber, administrator of A. Verritt, asking that their war claims be referred to Conger, Hopkins, Payne, West, the Court of Claims-to the same committee. Cooper, Jackson, Perkins, White, A. C. By 1\:.{r. FORNEY: Petition of Elizabeth Potts, ofGaylesville, Ala., Cox, James, Peters, White, Milo. Cutcheon, Johnson, F. A. Plumb, asking that her war claim be referred to the Court of Claims-to the Davis, Johnston, J. T. Price, same committee. Dibble, Kelley, Ranney, By Mr. GLA.SS: Petition of Joseph D. Davis, of Lake Connty, Ten NA.YH-93. nessee, and of Hugh W. Throckmorton, of the District of Columbia, asking that their claims be referred to the Court of Claims-to the same Allen, J.l\I. Forney, McCreary, Sprioger, committee. .Anderson, C. 1\I. Geddes, McMillin, Stewart Charles Anderson, J. A. Gibson, Eustace McRae, St.Marttn,1 By Mr. LA. FOLLETTE: PetitionofGrandArmyofthe Republic Post Barksdale, Glover, Morgan, Stone, W . .J.,Ky. No. 191 and of Post No. 176, Department of Wisconsin, for the passage Barry, Green,W.J. 1\Iorrison, Stone, W. J., Mo. of Senate bill No. 1886-to the Committee on Invalid Pensions. Beach, Halsell, Murphy, Tarsney, Bennett, Hateh, Neal, Taulbee, Also, petition and resolutions of soldiers and sailors of Dakota for Boyle, Henderson, J. S. Neece, Tillman, the passage of Senate bill1886, and for the passage of the Harrison bill Burnes, Henley, Norwood, Turner, to the same committee. Bynum, Hill, O'Ferrnll, VanEaton, Cabell, Holman, Outhwaite, Viele, By Mr. LYMAN: Petition of the survivors of the Old Home Guard Catchings, Howard, Peel, Warner, A. • .J. and United States Reserve Corps of the State of Missouri for the pas Cobb, Hudd, Perry, Weaver,J.B. sageofSenate billknownastheequalization-bountybill-totheCommit Cowles, Hutton, Pindar, Wellborn, Crisp, Irion, Randall, Wheeler, tee on Claims. , Croxton, Johnston,T.D. Reagan, Wilkins, By Mr. NEAL: Papers to accompany HonEe bill 9785, for the relief Cnlberson, Jones,J.H. Richardson, Willis, of C. Martin of Tennessee-to the Committee on War Claims. Curtin, Jones,J. T. Sadler, Wilson, J. Davidson, A. C. Kleiner, Sayers, Winans, By Mr. NEGLEY: Petition of A. R. Wattman and others and of Dockery, Lawler, Seney, Wise, Albert Swartzwelder and others, for relief-to the Committee on Labor. Eldredge, Lowry, Seymonr, Wolford. Ellsberry, Martin, Singleton, Also, nine petitions ·of window-glass workers of America, opposing Fisher, Matson, Skinner, the revision of the present tariff tax-to the Committee on Ways and Ford, :McAdoo, Sowden, Means. XVll-413 6594 CONGRESSIONAL RECORD-HOUSE. JULY 6, By Mr. ZA.CH. TAYLOR: Petition of Thomas W. Cole, of Shelby By :Mr. FORAN: retition of A. Newman and 53 others, of A.. E. County, Tennessee, asking that his war claim be referred to the Conrt Strong and 60 others, of C. 1\I. Frick and 285 others, of E. Ready and of Claims-to the Committee on War Claims. 83 others, of 1t!. Conkey and 196 others, of John Cook and 140 others, By Mr. VANEATON: PetitionofC. SchwartzandRufusF.Learned, of James Been and 102 others, of M. Dennis and 29 others, of George executor of Andrew Brown, deceased, of Natchez, Miss., asking that Burns and 72 others, of K. F. Gama and 520 others, of J. Weiss and their war claims be referred to the Court of Claims-to the same com- 40 others, of T. Opermoon and 31 others, and of Martin RegeJy and mittee. · 52 others, citizens of the twenty-first district of Ohio. By ~ir. WADE: Petition of Major Worthington Post No. 270, Grand By Mr. FUNSTON: Petition of George Black and 115 others, citi Army of the Republic, for pension legislation-to the Committee on zens of the second district of Kansas. Invalid Pensions. By Mr. GLOVER: Petition of James Depew and 156 others and of By Mr. WILLIAM WARNER: Petition of Thomas 0. Sittington, of W. L. Rinehart and 14 others, citizens of the ninth district of Missouri. Lafayette County, Missouri, asking that his war claim be referred to By 1tlr. GROSVENOR: Petition of J. A.. Williams and 106 others, the Court of Claims-to the.same committee. of Joseph Brooks and 45 others, of W. C. Roop and 68 others, ofS. M. The following petitions, asking for the p~agc of Honse bill7887, Gorham and 82 others, of R. Patton and 27 others, and of M:. Sailer repealing timber-culture, pre-emption, and desert-land acts; of House and 18 others, citizens of the fourteenth district of Ohio. bill 7021, for adjustment of railroad and other land grants; of bill for By Mr. HALSELL: Petition of Benjamin Roberts and 62 others, cit feiting all railroad land grants the conditions of which have not been izens of Mecklenburg County, Kentucky. strictly complied with; of House bill organizing the Territory of Okla By Mr. HARMER: Petition of Hugh Coyle :md 40 others, of A. E. homa; of Senate bill opening a portion of the great Sioux reservation English and 22 others, of William Blake and 80 others, of H. C. Tipton to settlement; of bill prohibiting aliens from holding land in the United and 105 others, of M. P.ray and 125 others, and of M. Fitzgerald ·and States; of bill making Presidential and Congressional election days 95 others, citizens of the .fifth di~trict of Pennsylvania. holidays, and punishing bribery; and of bill directing disbursement of By Mr. HATCH: Petition of J. '1'. Johnson and 94 others, of J. U. at least $200,000,000 Treasury surplus, and substituting Treasury notes Hooker and 242..others, of J.· G. Fors and 107 others, of George Bren for bank notes retired, were severally referred to the Committee on the nerm.an and 248 others, and of William Ball and 280 others, citizens Public Lands. of the first district of MissourL By Mr. BLOUNT: Petition of E. Crockett and 344 others, of Henry By Mr. HAYDEN: Petitio.n of Joseph Griffin and 113 others, of Franck and 204 others, and of J. D. Gray and 128 others, citizens of Richard L. Snooks and 48 others, of M. C. Sullivan and 28 others, and the sixth district of Georgia. of P. Kelley and 26 others, citizens of the fifth district of Massachusetts. By Mr. BOWD: Petition of J. M. Marrow and 124 others, of H. \V. By :Mr. D. B. HENDERSON: Petition of R. B. Feister and 165 others Sea er and 19 others, of Henry German and 155 others, and of E. B. and of Miss Maggie Class and 60 others, citizens of the third district of Hoffman and 56 others, citizens of the fourteenth district of Pennsyl Iowa. vania. By Mr. HERMANN: Testimony to a-ccompany House bill No. 1951, By Mr. BOYLE: Petition ofWeldon Baker and 31 others, of Frank for relief of Louis Bel.fils-to the Committee on Claims. P. Lyons and 31 others, of Isaac Bush and 45 others, of H. J. Randle By Mr. HEWITT: Petition of W. Hobbins and 148 others and of .and 80 others, of R. W. Wiley and 45 others, of E. L. Wilson and 73 E. J. Nolan and 23 othe~ , citizens of the ninth district of New York. others, of John J. Eddy and 83 others, of S. Baker and 75 others, and By Mr. HIRES: Petitiun of H. Egar and ?'0 others, of S. J. Norton of Joseph Gibson and 116 others, citizens of the twenty-first district of and 46 others, of H. F. Flynn and 63 others, and of D. McGoneral and Pennsylvania. • . 46 others, citizen~ofthe first district of New Jersey. lly Mr. C. E. BROWN: Petition of William Gilbrath and 50 others, By Mr. JAMES: Petition of Alex. Wier :md 2UO others, of J. H. of E. H. Cronninger and 65 others, of John A. Lictchtenfels and 75 Reed and 50 others, ofE. Boyle and 30 others, of C. '1'. Mack and 175 others, and of Assembly No. 1887, KnightB of Labor, of Cincinnati, Ohio. others, of F. Smithe and 20 others, -of A.. E. Collins and 30 others, ::md By Mr. W. W. BROWN: Petition of S. W. Kitchen and 89 others, of C. S. Holdridge and 175 others, citizens of New York. of P. M. Miller and 52 others, of Jonathan Tilly and 16 others, of J. By ~fr. J. T. JONES: Petition of P. Ryal and 72 others, of P. H. W. Tebo and 42 others, of C. B. Cronkrite and 120 others, of R. S. 'l'remer and 103 others, and of Thomas James and 75 others, citizens Wheelen and 13 others, of C. R. Sears and 19 ot}lers, of G. W. Bowen of the .first district of Alabama. · and 31 others, and of A.. B. Green and 38 others, citizens of the six By Mr. LAIRD: Petition of Miles Fiero and 94 others, and of ll. teenth district of Pennsylvania. J. Armitage and 29 others, citizens of the second district of Nebraska. By 1\fr. BUCK: Petition of Peter Jennings and 64 others, of Thomas By 1\i.r. LIBBEY: Petition of Ed. Butt and 30 others, and of Joseph Fair and 88 others, of Thomas F. O'Conner and 150 others, and of John Ruffin and 398 others, citizens of the second district of Virginia. C. Nelson and uO others, citizens of the first district of Conn.ecticut. By Mr. LINDSLEY: Petition of A.. Barrett and 21 others, and of By Mr. BUNNELL: Petition of N.J. Roberts and 45 othe:rs and of William J. Ke..'l.ne and 77 others, citizens of the seventeenth district of W. J. Preland and 37 others, citizens' of the fifteenth district of Pennsy1- New York. vania. . By Mr. LITTLE: Petition of L. Rapp and 144 others, of Victor Cobb By Mr. J. M. CAMPBELL: Petition of W. H. Shafer and 40 others, ·and 62 others, of John Tyler and 23 others, and of John W. Bennett citizens of the seventeenth district of Pennsylvania. and 60 others, citizens of the eighth district of Ohio. By 1\Ir. CLARDY: Petition of J. F. Johnson and 94 others and of By Mr. LORE: Petition of Martin F. Farry and 150 others, of S. B. H. Casey and 34 others, citizens of the tenth district of MissourL Knee and 76 others, of JohnO. Tyson and83 others, Joseph F. Price By 1\Ir. COLE: Petition of Andrew J. Smith and 112 others and of and 106 others, and of H. A. Saunders and 184 others, citizens of Del Peter Kolb and 113 others, citizens of the third district of 1\bryland. aware. By Mr. COMPTON: Petition of J. P. Duvall and 150 others and of By Ur. McMILLIN: Petition of II. Solomon and 40 others, citizens James S. Cassidy and 66 others, citizens of the fifth district o£ 1\Iaryland. of the fourth district of Tennessee. By Mr. CURTIN: Petition of J. W. Russell and 83 others, of S. W. By Mr. MITCHELL: Petition of Dl.vid Archer and 557 others, of Caldwell and 80 others, and of S. H. Chester and 47 others, citizens of S. C. Ford and 50 others, of John M. Donough and 111 others, of the twentieth district of Pennsylvania. . George Barry and 36 others, of Joseph 1ticGill and 100 others, of By Mr. DINGLEY: Petition of S. J. Boiss and 125 others, of C. M. Daniel H. Ford and 78 others, of H. Carvin and 8 others, of J. J. Dillon Knight and 91 others, of B. D. Babcock and 115 others, of P. Bnrns and 30 others, and of S. C. Ford and 50 others, citizens of the second and 260 others, of A. J. Davis and 64 others, of F. D. Seyforth and 24 district of Connecticut. others, of William Peterton and 71 others, of A. U. Patterson and 87 By Mr. MORRILL: Petition of J. W. Bogan l\nd 31 others, and of others, of C. A. Thompson and 100 others, of J 9hn Arnold and 54 others, S. H. White and 117 others, citizens of the first district of Kansas. · and of S. D. Edwards and 36 others, citizens of the second district of By M.r. MURPHY: Petition of Charles T. Swords and 40 others, of Maine. Anson T. Pierpont and 165 others, of C. Hibba1·d and 100 others, and By 1\'Ir. DORSEY: Petition of J. E. Roberts and 69 others, of J. E. of H. S. Rickoff and 400 others, citizens of the second district of Iowa. Baker and 317 others, and of John Sorenson and 318 others, citizens of By Mr. NEGLEY: Petition of \V. H. Baker and 23 others, of John the third district of Nebraska. A. Smith and 20 others, of John F. Barum and 83 other', of C. Elliott By Mr. ELLSBERRY: Petition of Lewis Heid and 295 others and and 54 others, of Thomas Ragin and 60 others, and of M . W. Whalen of J. H. Massie and 32 others, citizens oftheeleventhdistrict of Ohio. and 350 others, citizens of the twenty-second district of Pennsylvania. By Mr. E~MENTROUT: Petition of JohnJ. Halderle and 200oth By Mr. OUTHWAITE: Petition of H . .Mott and 21 others, ofP. L. ers, of J. McKinney and 50 others, of Franklin Stamm and 35 others, Doncan and 169 others, of William H. Ubder and 4.2 others, of Nathan of James A.. Payne and 35 others, and of A. Deisher and 70 others, citi- Byers and 18 others, and of F. B. Mitchell and 8-14 others, citizens of zens of the eighth district of Pennsylvania. - the thirteenth district of Ohio. By Mr. EVERHART: Petition of Norris Plumley and 285 others, By 1\i.r. PERKINS: Petition of E. H. Fuller and 16! others, of James of L. R. Johnson and 23 others, and of Charles Kaiser and 16 others, A. Ban and 542 others, of W. V. Berry and 215 others, and of W. H. citizens of the sixth district of Pennsylvania.. Brazier and 245 others, citizens of the thu·d district of Kansn.s. By Mr. FINDLAY: Petition of Jolm E. Weaver and 79 others, citi By Mr. PETERS: Petition of A.. W. Farmer and 135 others, of P.R. zens ofthe ninth district ofl\Iaryl:md; ofW. J. Lewis and 149 others, Bridgmand and 115 others, of Samuel Crocker and 314 others, of J. B. and of John J. 1\IcFarlane and 40 others, citizens of the folH'th district Wilson and 82 others, of J. D. Russell and 115 others, citizens of the of Maryland. seventh district of Kansas. 1886. OONGRESSIONAL REOORD-SENATE. . - 6595 By Mr. PETTIBONE: Petition of Thomas Neilson, of Jefferson the Indian Territory, were indefinitely postponed. I reported as a sub County; of E. M. Tate, administrator, ofGmi:n~rCounty; ofWilliam stitute a bill containing the substantial provisions of both the other M. liurdock, of Hamblin County, and of Pryor F. Yoe, of Jefferson bills in lieu of them. I intended instead of having those two bills in County, Tennessee, askin~ that their war claims be referred to the definitely postponed to offer the provisions of one of the bills that was Court of Claims-to the Committee on War Claims. reported from the .Judiciary Committee as a substitute, and not have By Mr. PINDAR: Petition of W. E. F. Hess and 233 others, and of these bills indefinitely postponed. In other words, I want the original A. E. Joyner and 98 others, citizens of New York. bill that was reported from the committee to beconsidered with a Honse By Mr. PIRCE: Petition of W. P. Chancey and 230 others, of Ed. bill and put its provisions after the enacting clause of one of the House Palmer and 60 others, ofP. F. Mongart and 78 others, of John Cahill bills which was referred to the committee. and 70 others, ofF. H. Dion and 50 others, of Lewis Bradshaw and 50 The PRESIDENT pro tempore. The Secretary will read the clause others, and of David Loughlin and 55 others, citizens of the second dis of the Journal in relatlon to the matter. • trict of Rhode Island. Mr. DAWES. I call the Senator's attention to the RECORD, which Also, petition of .M:. Connely and 28 others, citizens of the second also says that the bills were indefinitely postponed. · Congressional district of Rhode Island. Mr. VEST. I did not read the RECORD: By lfr. RANDALL: Petition of H. Hansen and 85 others, of J. J. The PRESIDENT pro tempore. The Senator will note wherein the Hallowell and 20 others, of Thomas Taylor and 45 others, of George Journal is wrong as the Secretary reads, and the correction will be Frank and 400 others, of Fred. Miller and 102 others, of George W. made. The clause of the .Journal relating to the bills referred to will Simpson and 39 others, and of James O'Brien and 150 others, citizens be read. of the third district of Pennsylvania. The Secretary read from the Journal of yesterday's proceedings as By Mr. ROMEIS: Petition of Isaac Skerch and 126 others, of follows: . Charles Miller and 415 others, of Henry Knan and 26 others, of Rich Mr. VEST, from the Committee on the Judiciary, to whom were referred the aTd Kind and 82 others, of Henry Blume and 22 others, and of E. H. following bills, reported th.em without amendment and that they ought not to Fox and 16 others, citizens of the tenth district of Ohio. pa_:_sbill (H. R. 4849) to punish robbery in the Indian Territory; and By Mr. RYAN: Petition of P. McMillars and 505 others, of J.D. A bill (H. R. 51B8} prescribing the punishment of horse-stealing in the Indian Paxton and 258 othel'S, of U. C. Spencer and 331 others, of James L. Territory. Otterman and 120 others, of R. M. Phillips and 200 others, of W. H. Ordered; That they be postponed indefinitely. Mr. VEST, from the Committee on the Judiciary, reported a bill (S. 2808} to Talbot and 24 others, of J. J. Davis and 102 others, of James O'Neil punish robbery and horse-stealing in the Indian Territory; which was read the and 75 others, and of George Knapp and 222 others, citizens of the first and second thnes by unanimous consent. fourth district of Kansas. The PRESIDENT pro. tempore. That is the journal entry. By Mr. SESSIONS: Petition of E. S. Clements and 250 others, cit Mr. VEST. My object was to report back the two House bills which izens of the thirty-third district of New York. were referred to the committee and then to move to strike out all after By Mr. SEYMOUR: Petition of J. R. Hoyt and 144 others, and of G. the enacting clause of one of those bills (I am not particular which R. Honse and 58 others, citizens of the fourth district of Connecticut. one) ana insert the provisions of the bill reported from the committee By Mr. SOWDEN: Petition of J. M. Schneider and 46 others, of as a substitute. James Brewer and 22 others, of 0. H. Smith and 68 others, and of The PRESIDENT pro tempore. The Senator can move to reconsider Charles Kaiser and 16 othel'S, citizens of the tenth district of Pennsyl- vania. · the action of the Senate. llr. VEST. I move, then, to reconsider the action of the Senate. By Mr. SPOONER: Petition of. Michael Berrigan and 15 others, of The PRESIDENT pro tempore. If there be no objection, the action M. J. Sullivan and 31 othel'S, and of H. J. Cary nnd 127 others, citi of the Senate yesterday on the reports made by the Senator from Mis zens of the first district of Rhode Island. souri will be reconsidered by unanimous consent. By Mr. STRAIT: Petition of A. H. MurQ.ock and 138 others, citizens Mr. EDMUNDS. Let the billa be placed on the Calendar, and then of the third district of Minnesota. when we reach one it can betaken up and the committee bill moved as By Mr. SWINBURNE: Petition of John Pierce and 430 others, of an amendment. Charles W. Sharkey and 64 others, and of Francis Rogel'S and 77 others, 1\fr. VEST. That can be done. citizens of the nineteenth district of New York. The PRESIDENT pro tempore. The bills will be placed on the Cal By Mr. SWOPE: Petition of Peter M. Dennis and 282 others, of A. endar with the adverse report of the committee. The Journal is cor A. Rodes and 273 others, and ofW. Scott Stevens and 49 others, citi rect. The Chair understood the request of the Senator from Missouri zens 9fthe nineteenth district of Pennsylvania. at the time as stated in the .Journal. By Mr. J. H. TAYLOR: Petition of Charles Williams and 108 oth ~1r. VEST. .;yes; I overlooked it. • ers and of William McGill and 125 others, citizens of the eighteenth The PRESIDENT pro tempore. The Journal of yesterday's pro district of Ohio. ceedings will stand approved, ifthere be no objection. By Mr. THOMPSON: Petition of77 citizens of Wellston, Ohio. By Mr. WADE: Petition of W. A. Avin and 83 others, of W. Malone PETITIONS AND MEMORIALS. and 24 others, of C. W. Reese.. and 58 others, of E. W. Hull and 599 The PRESIDENT pro tempore presented a petition of 86 citizens of othern, of H. G. Brown and 88 others, of D. B. Watts and 60 others1 Richmond, Va.; the petition of Charles Bansell and 265 other citizens and of William C. Carbell and 163 others, citizens of the twelfth and of the eighteenth Congressional district of Ohio, and the petition of thirteenth districts of Missouri. Max Bergman and 78 other citizens of the tenth Congressional district By Mr. W A.KEFIELD: Petition of Thomas Coleman and 76 others, of Ohio, praying for the passage of the following measures at the pres citizens of the second district of Minnesota. ent session of Congress: By Mr. A . .J. WEA.VER: Petition of H. Bucknell and 26 others, of 1. House bill No. 7887, repealing timber-culture, pre-emption, and Charles Mullins and 118 others, of Jacob Billings and 78 others, and desert-land acts; of D. E. Ryden and 85 others, citizens of the first district of Nebraska. 2. Honse bill No. 7021, for adjustment of railroad and -other land By lfr. .J. B. WEAVER: Petition of Richard Burke and 600 others grants; · and of G. W. Htamm and 125 others, citizens of the sixth district of 3. Bills forfeiting all railroad and land grants the conditions of which Iowa. have not been strictly complied with; By Mr.lm.. o WHITE: PetitionofWilliam Toddand49others and 4. Honse bill organizing the Territory of Oklahoma; of Joseph Schulsa and 304 others, citizens of the first district of Min 5. Senate bill opening a portion of the great Sioux reservation to set nesota. tlement; By lfr. WISE: Petition of Joseph lfanier and 78 others, of A. C. 6. Bill prohibiting aliens from holding land in the United States; Gibbs and 103 othel'S, of W. A. James and 42 others, and of William 7. Bill making Presidential and Congressional election days holidays, Adams and 256 others, citizens of the third district of Virginia. and prohibiting bribery; 8. Bill directing disbursements of at lea.st$200,000,000 Treasury sur plus, and substituting Treasury notes for bank notes retired. The petitions were referred to.the Committee on Pnblic Lands. SENATE. Mr. FRYE presented the petition of S. J. Boies and 125 others of the second Congressional district of Uaine, the petition of C. A. Thomp WEDNESDAY, July 7, 1886. son and 100 others of the second Congressional district of Maine, the Prayer by the Chaplain, Rev. .J. G. BUTLER, D. D. petition of Charles F. Tebbetts and 101 others of the first Congressional district of Maine, the petition of John H. French and 45 others of the THE JOURNAL. first Congressional district of Maine, and the petition of George Porter The Journal of yesterday's proceedings was read. and 100 others of the first Congressional district of Maine, praying for Mr. VEST. The Senator from Vermont [Mr. ED:lroNns] has just the passage at the present session of Congressofthefollowing measures: called my attention to the fact that the Journal shows that the two bills 1. Honse bill No. 7887, repealing timber-culture, pre-emption, and , I reported yesterday from the Committee on the Judiciary,·one the bill desert-land aets; • . (H. R. 4849) to punish robbery in the Indian Territory, and the other 2. Honse bill No. 7021, for adjustment of railroad and other land the bill (H. R. 5188) prescribing the punishment of hol'Se-stealing in grants;