436 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

POST.MASTERS. HOUSE OF REPRESENTATIVES. Daniel W. NC!lgly, to be postmaster at .Millersburg, in the county of Dauphin and State of Pennsylvania. - . FRIDAY, ·January 7, 1887. James Sweney, to be postmaster at Chambersburg, in the county of The House met at 12 o'clock m. Prayer by the Chapla~, Rev, W. Franklin and State of Pennsylvania. . H. MILBURN, D. D. John H. Turner, to be postmaster at West Grove, in the county of The Journal of yesterday's proceedings was read and approved. Chest.~r and State of Pennsyl>ania. ' Mr. HENLEY appeared and resumed his seat to-day. A. Bowman Weaver, to be postmaster at Clearfield, in the county of Clearfield and State of Pennsylvania. U~""ITED STATES LEGATION, ETC., IN COREA. , ThoQlas B. Gcss, to be postmaster at Bois6 City, in the county of Ada The SPEAKER laid before the House a letter from the Secretary of and Territory. of Idaho. the Treasury, transmitting, with inclosures, a letter from the Secretary Charles T. Cooper, to be postmaster at Sewickley, in the countv of of State in relation to the establishment of United States legation and Allegheny and State of Pennsylvania. w consulates in Corea; which was referred to the Committee on Foreign James Brady, to be postmaster at Washington, in the county of Wash­ Affairs, and ordered to be printed. ington and State of Pennsylvania. Charles W. Gant, to be postmaster at Irwin, in the county of West­ SALARIES, ETC., OF COLLECTORS OF INTERNAl.- REVENUE. moreland and State of Pennsylvania. The SPEAKER also laid before the House a letter from the Secre­ Alexander Gruff, to be postmaster at Kittanning, in the county ot tary of the Treasury, transmitting a letter from the Commissioner of Armstrong and State of Pennsylvania. Internal Revenue and asking an immediate additional appropriation James C. Henderson, to be :Postmaster at 1\fedia, in the county of for salaries and expenditures of collectors of internal revenue for the Delaware and State of Pennsylvania. current :fiscal year, required to execute provisions of the oleomargarine Samuel R. Robinson, to be postmaster at White Pjgeon, in the county act and of the act in relation to the inspection of exported tobacco; of Saint Joseph and State of .Michigan. which ~as referred to the Committee on Appropriations, and ordered Robert T. Abraham, to be postmaster at East Liverpool, in the county to be printed. of Columbiana and State of Ohio. DAl\I SITE AT IIERR'S ISLAND. Samuel W. McFarland, to be postmastel" at Wapakoneta, in the county of Auglaize and State of Ohio. The SPEAKER also laid before the House a letter from the Seer~ C. S. Vorwerk, to be postmaster at Lorain, in the county of Lorain tary of War, with inclosures, recommending legislation authorizing the and State of Ohio. · purchase of land for a dam site at Herr's Island, Allegheny River; William B. Delo, to be postmaster at Knox, in the county of Clarion which was l"eferred to the Committee on Rivers and Harbors, and or­ and State of Pennsylvania. dered to be printed. George H. James, to be postmaster at Plankinton, in the county of SURYEY OF WISCOXSIN. RIVER. Aurora and Territory of Dakota. Freeman II. Perry, to be postmaster at Vermillion, in the county of The SPEAKER also laid before the House a letter from the Secre­ Clay and Territory of Dakota. tary of War, transmitting, with a letter from the Chief of Engineers, a John M. Lyon, to be postmaster at Seattle, in the county of King and report from the board of engineers upon the examination and surveys Territory of Washington. of Wisconsin River from Portage to its mouth; which was referred to William P. Ainsley, to be postmaster at Williamston, in the county the Committee on Rivers aucl Harbors, and ordered to be printed. of Ingham and State of Michigan. · - 1\IIS JSSIPPI RIVER CO'llillSSIO~. John M. Uathewson, to be postmaster at Lowell, in the county of Kent and State of Michigan. The SPEAKER also laid before the House a letter from the Secre­ .... John W. Hingeley, to be postmaster at Barnesville, in theconnty of tary onVar, transmitting a communication from the Mississippi River Belmont and State of Ohio. Commission in reference to the works of prorection to the banks of that J. E. Lohmann, to be postmastel" at Hamilton, in the county of But­ river, also to the failure to make provision for the expenses of.the com­ ler and State ofOhio. mission; which was referred to the Committee on Rivers and Harbors, Charles N. Schmick, to be postmaster at Leetonia, in the county of and ordered to be printed. Columbiana and State of Ohio. COOSA RIVER. Noah N. Daves, to be postmastel" at Ashton, in the county of Spink The SPEAKER also laid before the House a letter from the Secretary and Territory of Dakota. of ~r, transmitting, with a letter from the Chief of Engineers, a letter Joseph Hager, to be postmaster at Mandan, in the county of Morton from Capt..'\in Hoxie, Corps of Engineers, referring to purchase of site for and Territory of Dakota. lock No. 4and damon the Coosa. River; which was referred to the Com­ :Mary E. Ferguson, to be postmaster at Richwood, in the county of mittee on Rivers and Harbors. Union and State of Ohio. Miner R. Potter, to be postmaster at Wellston, in the county ·of Jack­ Al\IITE RIVER, LOUISIANA. son and State of Ohio. The SPEAKER also laid befote the House a letter from the Secretary William N . .Moore, to be postmaster at Roseburgh, in the county of of War, transmitting a letter from Maj. W. H. Heuer, Corps of Engi­ Douglas and State of Oregon. neers, recommending that appropriations for Amite River, Louisiana, Frederick B. Smith, to be postmaster at Columbia, in the county of be applied also to the improvement of its tributary, Bayou Manchac; Brown and Territory of Dakota. which was referred to-the Committee on Rivers and Harbors. Euchariste Brule, to be postmaster at Lake Linden, in the county of Houghton and State of Michigan. BALTniORE HARBOR. Daniel D. Murray, to be postmaster at l!Iayville, in the county of The SPEAKER also laid before the House a lettel" from the Secre­ Traill and Territory of Dakota. tary of War, transmitting, with inclosures, an estimate from the Chief James Blair, to be postmaster at Leslie, in the county of Ingham and of Engineers of the cost of widening Baltimore Harbor; which was re­ State of Michigan. ferred to the Committee on Rivers and Harbors, and ordered to be Eugene W. Burkhart, to be postmaster at Fowlerville, in the county printed. of Livingston and State of Michigan. CONTRACTS BY THE WAR DEPART:ME~T. John King, to be postmaster at Portsmouth, in the county of Bay The SPEAKER also laid before the House a letter from the Secre­ anu State of Michigan. ' tary of War, transmitting a statement of contracts made by the War Hency S. Wyman, to be postmaster at Morenci, Jn the county of Department and its bureaus for the :fiscal year ended June 30, 1886; Lenawee and State of Michigan. which was 1·eferred to the Committee on Expenditures in the War De­ James W. Hopkins, to be postmaster at Uhrichsville, in the county partment,-and ordered to be printed. of Tuscarawas and State of Ohio. llfichael H. Cavanaugh, to be postmaster at Indianola, in the county PATRICK CORR. of Red Willow and State of Nebraska. The SPEAKER also laid before the House a letter from the Secretary Isaiah B. Miller, to be postmaster at Creighton, in the county of Knox of War, transmitting, with inclosures, a letter from the Adjutant-Gen­ and State of Nebraska. eral recommending that the salary of Patrick Corr, general-service William Wilson, to be postmaster at Chadron, in the county of clerk, be increased to $1,200 per annum; which was referred to the Dawes and State of Nebraska. Committee on Appropriations, and ordered to be printed. Manley R. Morgan, to be postmaster at Hillsboro', in the county of Traill and Territory of Dakota. SAINT MARY'S RIVER, MICHIGAN. Executi1:e nomination confinned by the Senate, Jamtary 7, 1887. The SPEAKER also laid before the House a letter from the Secretary of War, transmitting, with inclosures, a.n estimate from the Chief of POSTl\lASTER. Engineers of cost of improving Saint l\fary's River, Michigan, and of Richard T. Gill, to be postmaster at Atlanta, in tbe county of Logan continuing work on a new lock; which was referred to the Committee and State of Illinois. on Rivers and Harbors, and ordered to be printed. 1887. CONGRESSIONAL R.ECORD-HOUSE. 437

SEXATE BILLS REFERRED. This affidavit is properly executed ef'ore a. notary public of .Teffe1·son County, Kentucky, and bears date of February 12,1886. The SPE.A.KER also laid before the House Senate bills of the follow­ Harvey l\1. Buckley, colonel of infantry in the Union Army, and others., in ing titles; which were read twice, and refen-ed as inaicated: _ affidavits, fully substantiate the statement made by 1\lrs.l\Iarshall. The proof clearly shows that the library, or at least a large portion of it, be­ The bill (S. 3023) to authorize the Kansas, Texas and So-qthwestern longed to and was purchased by 1\Irs. Marshall, and was her own separate prop­ Railway Company to build its road across the Fort Hays Military Res­ erty, held in her own right. • ervation-to the Committee on Military Affairs. The committee are satisfied that the claimant was loyal, to the United States Government. The bill (S. 3044) to provide for the execution of the provisions of arti­ Your committee therefore report the accompanyin~ bill (H. R.5262), with the cle 2 of the treaty concluded between the United States of America and following amendment: In lines 6 and 7, strike out the words "one thousand the Emperor of China on the 17th day of November, 1880, and pro­ eight hundred," and insert the words '· fh·e hundred," and recommend that it claimed by the President of the United St-ates on the 5th day of Octo­ do pass. ber, 1881-to the Committee on Foreign Affairs. The SPEAKER. Is there objection to the pre ent consideration of The bill (S. 3050) granting a pension to Mary A.. Logan-to the Com­ the bill? mittee on Invalid Pensions. There was no objection. The bill (S. 3087) to increase the pension of Urs. Apolline A. Blah·-to The amendment was agreed to, and the bill as amended was ordered the Committee on Invalid Pensions. to be engrossed and read a third time; and being engrossed, it was ac­ cordingly read the third time, and passed. )Il~ERAL LANDS I~ CALIFORNIA. Mr. WILLIS moved to reconsider the vote by which the bill was The SPEAKER also laid before the House the bill (S. 990) to enable passed; ancl also moved that the motion to reconsider be laid ou the the State of California to take lands in lieu of the sixteenth and thirty­ table. sixth sections, found to be mineral lands. . The latter motiou was agreed to. Mr. MORROW. I ask that that bill be placed on its passage. It bas been before the Committee on Public Lands and is reported favor­ ALLOTMENT OF INDIA~ LANDS I~ 'E\ERALTY. ably. Mr. PERKINS. Mr. Speaker, I ask unanimous consent that tho The SPEAKER. The bill will be read, after which the Chair will Committee on Indian Affairs be discharged from the further consider­ ask for objections. ation of the bill (S. 1577) and that the bill be put upon its passage. The bill was read. The SPEAKER. The bill will be read, after which the Chair will The SPK<\.KER. Is there objection to the present consideration of ask for objections.. the bill? The bill was rea-d, as follows: Afr. WEA. VER, of Iowa. Has that bill been considered by the r.om­ Be it enacted, &c., That section 3 of the act entitled "An act to provide for the sale of the Sac and Fox n.nd Iowa reservations, in the States of Nebraska mittee of the House? and Kansas, and for other purposes," approved .1\Iarch 3,1885, be, and the same Mr. MORROW. It bas. A. similar bill has been considered by the is hereby, amended so as to read as follows: committee of the House, and that bill is now on the House Calendar. "SEC. 3. That if any member of said Sac and Fox or Iowa tribe of Indians, properly enrolled at the Pottawalomie and Great Nemaha a.gency, shall eJect Mr. SPRINGER. I object to the present consideration of the bill. to remain upon the 1·eservation of his respective tribe, he shall be allowed to The bill was read twice, and was referred to the Committee on the select an allotment of land in quantity as follow3: If he be the head of a fam­ Public Lands. ily, 160 acres; if a. single person over eighteen yea.r3 of age, or orphan child under eighteen years of age, 80 acres: and if a. minor child under eighteen WITHDRAWAL OF PAPERS. years of age, :40 a{lres; heads of families selecting land for themselves and Mr. LOVERING, by unanimous consent, obtafued leave to withdraw minor children, and the United States Indian agent for orphan children. The lands -so selected shall be held from sale as provided for here.in, and from the files of the House, without leaving · copies, the papers in the ·shall be accept-ed at their fair valuation, to be ascertained by the Secretary case of Persis M. Thompson, no ad""Verse report having been made there­ of the Interior, in part satisfaction of his inte1·est in and to said reservation, and on. of the moneys or fund realized from the sale thereof: P1·0'Vided; That his right to share in the other funds and credits of the tribe sh~ll . not be impaired P.RE-E~IPTIO~ OF PUBLIC J...ANDS1 ETC. thereby; and the Secretary of the Interior shall cause a patent to issue to each The PE.A.KER announced the appointment of Mr. STRAIT, in place of the allottees, under the provisions of this act, and the act to which this act is an amendment, fo1· the lands selected by or for such allottee, which patent of l!lr. PAYSON, absent, as a conferee on the bill (H. R. 7887) to repeal shall be of the legal eft'ect, and declare that the United States does and will hold all laws providing for the pre-emption of the public lands, the laws the land thus patented for the period of twenty-five years, in trust for the sole allowing entries for timber-culture, and for other purpOses. use and benefit of the allottee, or, in case of his decease, of his heirs according to the laws of the State in. which said land is situated, and that at the expira­ YRS. FRANCES MARSHALL. tion of said period the Un.ited States will convey the same by patent to said Indian, or h1s heirs as aroresaid, in fee, discharged of said trust and free of all l\Ir. WILLIS. I ask unanimous consent that the Committee of the charge or incumbrance whatsoever; and if any conveyance shall be made of Whole House be·discharged from the further consideration of the bill the lands thus allotted, or any contract made touching the same, before the ex- (H. R. 5262) for the relief of Mrs. Frances Marshall, and that the same . pi ration of the time above mentioned, such conveyance or contract shall be a b-. solutely null and void; and such lands, during such time, shall not be subje~t be now considered. · to taxation, alienation, or forced sale, under execution or otherwise." The bill was read, as follows: Be it enacted·, &c., That the Secretary of the Treasury be, and is hereby, directed l!lr. PERKINS. Mr. Speaker, I would like to make a brief ex}Jla- to pay, out of any money in the Treasury not otherwise arpropriated, to Mrs. nation of the bill, su~ject to objection. , :Frances 1\Iarshall, widow of the late Humphrey Marshall, o Louisville, Ky., the The SPEAKER. If there be no objection the .gentleman may pro­ · sum of $1,800, being the amount covered into the Treasury about .January 9, 1863, as the proceeds of said Humphrey Marshall's library, condemned in the ceed. · United States district court for the southern district of Ohio under act of .Tu1y · There -was no objection. 10,1862. ~Ir. PERKINS. This Senate bill was prepared by the Commissioner The bill was reported by the Committee on War Claims with the fol­ of Indian A.:ffah-s, is recommended by the Secretary of the Interior, and lowing amendment: was sent to the :first session of the Forty-ninth Congress by the Presi.:. In line 7 strike out" $1.800" and insert" $500." dent in an executive message. It is to amend an act which was passed in 1885, giving to these Sac and Fox Indians allotments in severalty of Mr. WEAVER, of Iowa. Let the report be read. their lands in Kansas, and providing for the sale of the excess. The The Clerk proceeded to read the report. act of 1885 did not provide for the allotment of lands in severalty to Mr. WEAVER, of Iowa (interrupting the reading). That is suf- minors and orphans. The object of this amendmen~ is to provide for ficient. allotments to them the same as to adults. The Commissioner finds Mr. BURROWS. Let the report be 1·ead through. difficulty in exe({uting the present statute, and in his recent report.be The report (by b~r. KLEINER) was read in full, as follows: says that no attempt will be made to execute that statute until this The Committee on w·ar Claims, to whoin was referred the bill (H. R. 5262) for amendment is made. Therefore it will be seen that it is upon the the relief of Mrs. Frances Iarshall, having carefu11y considered the same and 1·ecommendation of the Interior Department that .the amendment is accompanying papers, submit the following report: · '.rhe facts out of which this claim against the United States arises are fully set asked for. forth in the affidavit of claimant, which. is as follows: The bill was ordered to a third reading; and it was accordingly read "STATE OF KENTUCKY, County of Jejfe1·son: the third time, and passed. '' Tlie affiant, Frances E. Marshall, on her oath states that heretofore, to wit in Mr. PERKINS moved to reconsider the vote by which the bill was the year 1861, she was the sole and absolute owner of a large miscellaneou~ Ji­ passed; and also moved that the motion to reconsider be laid on the brary,consisting of a great number of works from the pens of the most cele­ table. brated authors of ancient and modern times up to that time; that she is unable to give a full detailed statement of the names of the different authors or the The latter motion was agreed to. titles of the books she owned; that her said library was most excellent and the PU:BJ,IC :BUILDING, WIL:.UIXGTON, N. C. books therein most elegantly bound, and her said library was of very great value; that her said library was packed in a great number of boxes and shipped llfr. BENNETT. Mr. Spea.ker, ·r ask unanimous consent that the from her country residence, 'Buckland Farm,' on the Kentucky River the Committee of the Whole be discharged from the further consideration title of which was in her at that time, to Carrollton, Ky., for greater safetY the country being at that time full of soldiery and in a state of uncertainty· at that of the bill (S. 229) and that the bill be taken up and passed with the point affiant is informed they were afterward seized by the United sia.tes au­ amendment-s recommended by the Committee on Public Buildings and thorities and taken to Cincinnati, Ohio, and neighboring cities and sold at pub"" Grounds. lie auction, and the money or some part of it realized from the sale was forwarded to Washington, D. C., and paid into the Treasury of the United States; said The bill was re.ad, as follows: money not by any means representing the value of her splendid library; that B e it fJ"nacted,

suitable building, with n. fire-proof vault extending to eacblstory, for the accom­ Your committee concur in the above report and recommendations, and recom­ modation of the post-office, custom-bouse, UnitedStatescourt--rooms, and other mend that the bill_do pass. Government offices, at the city of 'Vilmington, in the State of North Carolina. The site and building thereon, when completed upon plans and specifications The bill was ordered to a thircl reading; and it was accordingly read to be previously made and approved by the Secretary of the Trea,sury, shall the third time, and passed. 110t exceed the co t of$200,000: Pro1:ided, That no money to be appropriated for tltis purpose shall be availa ble until a valid title to the site for said building 1\Ir. WHITE, of Minnesota, moved to reconsider the vote by which shall be vested in the United States, nor until the State of North Carolina shall the bill was passed; and also moved that the motion to reconsider be cede to the United States exclusive jurisdiction over the same, during the time laid on the table. tho United States shall be or remain the owner thereof: P-rovided, That the site on which the said building shall be erected shall be so selected as to leave an The latter motion was agreed to. open space around the same of not less than 40 feet in width, including streets andalleys. · JAMES M. GRIGSBY. The amendments recommended by the Committee on Public Build­ Mr. THROCKMORTON. Mr. Speaker, I ask by unanimous consent ings and Grounds were read, as follows: that the Committee of the Whole be discharged from the further con· ' In line 12, strike out "two hundred" and insert "one hundred and fifty; " so sideration of the bill (H. R. 6312) for the relief of James U. Grigsby, as to make it read " $150,000." and that the same be put npon its passage. After the word" dollars," in line 12, insert the following: "Nor shall any site The bill was read, as follows: be purchased until estimates for the erection of a building which shall furnish sufficient accommodations for the transaction of the public business, and which Be it entJcted, &c., That the Postmas ter-General ishtlreby authorized to adjust shall not exceed in cost the balance of the sum herein limited after the site shall and settle the claim of James :M. Grigsby, late postmaster at Montague, Tex., have been purchased and pajd for, shall have been approved by the Secretary of for money-order funds lost in transit through the mails, notwithstanding the the Treasury; and no purch se of site nor plan for said building shall be ap­ provisions of the act entitled ".An act authorizing the Postmaster-General to proved by the Secretary of the Treasury involving an expenditure exceeding the adjust certain claims of postmasters for loss by burglary, fire, or other un­ said sum of$150,000." a voidable casualty," approved March 17, 1832. In line 'J!l, after the word "thereof," insert" for all purposes, except the ad­ Ininistration of the criminal laws of said State, and the service of civil process The SPEAKER. Is there objection to the request of the gentleman therein." from Texas? · The amendments were agreed to. Mr. WARNER, of Ohio. Let the rep01·t be read. The bill was ordered to a third reading; and it was accordingly read The report (by Mr. LANHAM) wa.s read, as follows: the third time, and passed. The Committee on Claims, to whom was referred House bil16312, for the relief Mr. BENNETT moved to reconsider the vote by which the bill was of James M. Grigsby, find that the said Grigsby was po tmaster at Montague, Tex.; that on the 26th of October,l883, said postmaster tra nsmitted ,.25, money­ passed; and also moved that the motion to reconsider· be laid on the order funds, to the postmaster at Sherman, '£ex., in regi tered package No. 46. table. The deputy postmaster testifies under oath that he placed the money in the reg­ The latter motion was agreed to. istered package, properly sealed and directed to the postmaster at Sherman, Tex., and placed the same in a mail pouch, locked it, and delivered to the mail­ H. K. BELDING. carrier on the route. These facts are testified to by another witness, who swears the.same was done in his presence. :Mr. WHITE, of :Minnesota. :Mr. Speaker, I ask unanimous consent The postma.st~rs at SaintJoe and 1\Iarysville, the next two offices on the route, that the Co:rnmittee of the Whole be discharged from the further con­ swear that the package No. 4.6 passed through their offices in good condition. The postmaster at Gainesville swears that the package wa;S not received at that sideration of the bill (S. 127) for the relief of H. K. Belding, and that office, and further certifies that the United States mail was robbed on the even­ the same be put npon its passage. . ing of the 26th of October, 1883, between Marysville and Gainesville. The post­ The bill was read, as follows: master at Sherman cet·tifies that the registered package No. 46 and funds were not received at his office. Be it enacted, &e., That there be paid by the Secretary of the Treasurv, out of The postmaster at Montngue swears t~at at the time of his next week1y state­ any money in the Treasury not otherwise appropriated, the sum of $1,566 to H. ment after the robbery he notified the Superintendent of the Money·Order K. Belding, of Minnesota, the amount due him for carrying the mails of the Bureau of the Post-Office Department of the loss, and asked a credit for the United States between the y~rs 1858 and 1862. sam~. lle gave the Department no further notice. The funds in this case were properly transmitted, and that the United States The SPEAKER. Is there objection? mail was robbed is abundantly sustained by the evidence, and the claim would Mr. McMILLIN. Let 'us have the report read. have been allowed under the act of March17, 1882, if the postmaster bad notified The report (by Mr. DouGHERTY) was read, as follows: the Postmaster-General within three months after the loss ; but, instead, the postmaster notified the Superintendent of Money-Order Offices at the Depart­ This claim was reported upon favorably by the Committee on Claims of the ment at his next weekly statement, which was in time, but directed it to the House of Representatives at the first session of the Forty-fifth, Forty-sixth, wrong authority. Forty-seventh, and Fort.y-eigbth Congresses, and passed the House of Repre­ Although the sum is small, in view of all the facts, we believe the claimant sentatives at the Forty-sixth Congress, and was reported upon favorably by the should be relieved. . Senate Committee on Claims and passed the Senate at the firs~ session of the 'l'he.refore the committee recommend the passage of the bill. Forty-eighth Congress. The report is as follows: "They :find that said H. K. Belding was contractor on mail-route No. 13585, The bill was ordered to be engrossed and read a third time; and from Brownsville, 1\Iinn., to Carimona, in the same State; that the contract was being engrossed, it wa.s accordingly read the third time, and passed. for four years from July 1,1858. The contract price for carrying the mail on this route was $1,800 per annum. Mr. Belding performed the service under the con­ Mr. THROCKMORTON moved to reconsider the vote by which the tract until May, 1859, and was paid the contract price therefor. In 1859there was bill was passed; and also moved that the 'motion to reconsider be laid a-{ailure of sufficient appropriation for this route, and an order was issued by' on the table. the Posfi.Office Department reducing the service on the same one-third. "There was some correspondence between the contractor and the Post-Office The latter motion was agreed to. Department about continuing the full service, and the contractor was informed 1 there was no objection, except there was no money to pay until Congress con­ JAMES M. M K..AMEY. vened and made an appropriation. :Mr. HOUK. Mr. Speaker, I ask unanimous consent that the Com­ H Mr. Belding did perform full service from May 1,1859, to October,l860, and has received but two-thirds of the contract price therefor, and claims that having mittee of the Whole be discharged from the further consideration of rendered the service in good faith he should receive the full compensation the bill (H. R. 5775) for the relief of James M. McKamey, and that the named in his contract. · bill be put upon its passage. ''This full service was performed for seventeen months after the order of re­ duction, and at the contract rate Mr. Belding should have received $150 per The bill was read, as follows: month. He did receive but SlOO permonth,andheasks to be pa.id$50permonth Be it enacted, &c., That the Secretary of War be, and is hereby, authorized additional,or $850 for the service so performed. and directed to remove the charge of desertion from the record of James M. "The service having been performed with the knowledge of the Department 1\IcKamey, late or Company E, Third Regiment Tennessee Infantry Volunteers, and for the manifest benefit of the community, the committee think it just and who is reported to have deserted from his command, captured by the enemy at equitable that 1\!r. Belding should be paid for the service actually performed the the battle of Richmond1 Kentucky, and to discharge him therefrom as of the contract price for the same. day before the date of hlS muster as a first lieutenant and recruiting officer for "They therefore recommend the payment to 1\Ir. Belding of the sum of $8.30 the Eleventh Regiment Tennessee Cavalry, and also to muster him as a lieu­ for the seventeen months of service as above stated. tenant as aforesaid from the 1st dayof0ctober,l862, and to discharge him from "l'tir. Belding makes an additional claim, and the committee find the follow· this last service as on the 1st day of November, 1864, that his record may be ing facts: made consistent wi~h the facts proven. ''Prior to the 1st of0ctober,1860, the route from Brownsville to Carimona was extended, and the contract with Belding annulled. Mr. Belding complained to The SPEAKER. Is there objection? the Department that he had left a good business and made large investments to 1\fr. WARNER, of Ohio. Let the report be read. perform his contrad, and would suffer very great injury if compelled to give it The report (by Mr. Homr) was read, as follows: Tb.e s~~k:S ~r{~i:t~~h~:~e':s~~e~ ~er!il:as~;~!ea::l~r t~~t~~~t!e::d'~~: That on the 12th of February, 1862, Mr. McKamey enlisted as a private in creased 12 miles at the othertand the compensation was increased$110peryear. Company E, Third Tennessee Infantry, and was mustered into the service and "Negotiations continued oetween Mr. Belding and the Post-Offi.ceDepart;. served as such until the 26th day of August, 1862, when, at the battle of Rich4 ment from October I, 1860, to February 14, 1861, four months and fourteen days, mond, Ky., he was made a prisoner of war; that in that engagement the de­ when the contract was renewed with Mr. Belding. During this four months tachment or his regiment with which he was engaged wo.s so utterly routed it and fourteen days 1\Ir. Belding performed the service and has received no pay was weeks before a sufficient numberofthe survivors ofthatdetaehmentcould therefor. This route over which Mr. Belding performed the service bad been be gotten together for the purpose of forlning a. reorganization and rejoining included in a much larger one, and let to other parties. They never performed their regiment. any service upon it, but collected the pay under their contract for the service That shortly after 1\Ir. 1\IcKamey's capture be was paroled, and while on his performed by Mr. Belding. way to join his regiment he was comlnissioned second lieutenant and recruit­ "It clearly appearing that the original contract with Mr. Belding was annulled ing officer for the Eleventh Tennessee Cavalry, under and by virtue of author­ for no fault or omission on his part; that he continued to perform the service in ity of .Andrew Johnson then Inilitary war governor of Tennessee; that upon good faith under the assurance that he would be reinstated; that his doing so the 1st of October, 1862, he entere~ upon and continued to discharge his duties was well known to the Post-Office Department, and that he was subsequently as such until the 1st of November, 1864, when the Eleventh Tenne ee Cavalry, reinstated, we are of tbe opinion that. tbe payment to other parties for thlS serv­ by consolidation, became merged into the Ninth Tenne ee Cavalry, and that ice, under the circumstances, should not relieve the Government from paying in the apportionment of officers under the consolidation Mr. 1\l.cKamey was left Mr. Belding therefor. We therefore report back the bill without amendment, out; that on the 8th of November, 1864, he enlisted as sergeant, Company I, said bill including payment of the two sums allowed by the committee, and Seventh Tennessee Mounted Infantry, and faithfully served in that capacity recommend that the bill pass." until the 27th of July,1865, when he was discharged; that the charge of deser-

' 1887. CONGRESSIONAL RECORD-HOUSE. 439 tion made against Mr. 1\IcKamey, on the 24th of August, 1862, was erroneously ORDER. OF BUS~. made; that instead of being a desert~r he was a prisoner of war. Touching Mr. McKamey's commission as second lieutenant and recruiting The SPEAKER. This being Friday, the regular order is the call of officer, although the records in the Department do not show the fact, yet there committees for reports of bills of a private nature. is abundant evidence to warrant your committee in finding that he was com­ missioned, and that he did serve as such second lieutenant and recruiting officer Mr. HATCH. I move to dispense with the morning honr. of the Eleventh Tennessee Cavalry from the 1st of October, 1862, to the 1st of The motion was not agreed to; there being-ayes 57, noes 60. November, 186-!---evidence of officers and soldiers who saw and inspected his The SPEAKER proceeded to call the committees for reports. commission, and knew of the performance of service by him under that com­ mission, which fact, coupled with his imprisonment, no doubt gave color to the CLEl\IENTINE HARTINGER. charge of desertion which was made of record against him. In view of these facts, your committee beg leave to recommend that the praym· Mr. CONGER, from the Committee on Invalid Pensions, reported of l\lr. McKamey's petition be granted, and that the accompanying bill for his back favorably the bill (H. R. 10025) granting a pension to Clementine rcliefbe passed. Hartinger; which was referred to the Commi~tee of the Whole House The bill was ordered to be engrossed and read a third time; and on the Private Calender, and the accompanymg report ordered to be being engrm'!sed, it was accordingly read the third time, and passed. printed. Mr. HOUK moved to reconsider the vote by which the bill was ELm J. BELL. passed; and also moved that the motion to reconsider-be laid on the Mr. CONGER, from the Committee on Invalid Pensions, also re­ table. ported back favorably the bill (H. R. 9490) for the relief of Eliza J. The latter motion was agreed to. Bell; which was referred to the Committee of the Whole House on the .A. F. & N. C. SAINT JOH....~. Priv.:ate Calendar, and the accompanying report orderell to be printed . M:r. TRIGG. I ask unanimous consent th..'\t. the Committee of the SARAH E. NORTON. Whole House on the Private Calendar be discharged from the further Mr. SA. WYER, from the Committee on Invalid Pensions, reported consideration of the bill (H. R. 5131) for the relief of A. F. & N. C. back with amendment the bill (S. 2699) granting a pension to Sarah Saint John, and that it be now put on its passage. E. Norton; which was referred to the Committee of the Whole House The bill was read, as follows: on the Private Calendar, ancl the accompanying report ordered to be Be it enacted, &c., That the Secretary of the Treasury be, and be is hereby, au­ printed. thorized and directed to pay .A. F. & N. C. Saint John, of Smyth County, Vir­ .ADVERSE REPORTS. ginia, the sum of $54..33, with interest from the 30th day af Oct{)ber, 1865, the value of subsistence stores furnished to the .Army of the United States in Oc­ Mr. HAYNES, from the Committee on Invalid Pensions, reported tober, 1865, out of any money in the Treasury not otherwise appropriated or back adversely bills of the following titles; which were severally laid that may be hereafter appropriated for that pw·pose. on the table, and the accompanying reports ordered to be printed: The SPEAKER. Is there objection to th(present consideration of A bill (H. R. 1.022) granting a pension to Mary E. Baker; this bill? A bill (H. R. 7568) granting a pension to Ira Colburn; Mr. BRA.GG. I ask that the report be read. A bill (H. R. 3542) granting a pension to Charles E. Mudgett; and The report (by lli. TRIGG) was.read, as follows: A bill (H. R. 5471) granting a. pension to John B. Hays. The Committee on Claims, to whom was referred Honse bill5131, beg leave to W. report that upon investigation of the facts they ascertain that on or about the GEORGE DE MOTTE. 15th day of October, 1865, and some months after the close of the late war be­ :Mr. :MORRILL, from· the Committee on Invalid Pensions, reported tween the States, the claimants, A. F. & N.C. Saint John, of Smyth County, Vir­ back favorably the bill (S. 791) granting a pension to George De ginia, furnished t{) Capt. George C. Gibbs, provost-marshal, and in command of ,V. a company of United Statesca.valrythenstationed atl\brion, Va.,155idozen oats Motte; which was referred to the Committee of the 'Vhole House on of the value of 35 cents per dozen, making the sum of $54.38. When the com­ the Private Ca,lendar, and the accompanying report ordered to be pany left this section all similar bills that were presented were paid; but these claimants failed to present this bill, and it has never been paid. . printed. Your committee recommend its payment without interest, and recommend WILLIAM F. HARMON. that the bill be amended by striking from it the words "with interest from the 30th October, 1865." Mr. MORRILL, from the Committee on Invalid Pensions, also re­ ported back favorably the bill (S. 1642) granting a pension to William There being no objection, the Committee of the Whole House was F. Harmon; which was referred to the Committee of the Whole House discharged from the further consideration of the bill, and th~ House on the Private Calen%r, and the accompanying report ordered to be proceeded to consider the same. printed. The amendment reported by the Committee on Claims, to strike out, WILLIAM H. H. PRICE. in lines 6 and 7, the words ''with interest from the 30th day of October, 1865, '' was agreed to. Mr. 1\IORRILL, from the Committee on Invalid Pensions, also re­ The bill as amended was ordered to be engrossed and read a. third ported back favorably the bill (S. 2369) granting an increase of pension time; and being engrossed, it was accordingly read the third time, and to William H. H. Price; which was referred to the Committee of the passed. Whole House on the Private .Calendar, and the accompanying report Mr. TRIGG moved to reconsider the vote by which the bill was ordered to be printed. passed; and also moved that the motion)o reconsider be laid on the CHARLES G. PARIS. table. Mr. MORRILL, from the Committee on Invalid Pensions, also re­ The latter motion was agreed to. ported back favorably the bill (e;. 1673) granting a pension to Charles G. Pa.ris; which wa& referred to the Committee of the Whole House PUBLIC BUILDING .AT CAl\IDEN, N.J. on the Private Calendar, and the accompanying report ordered to be Mr. HIRES. I ask unanimous consent that the Committee of the printed. Whole on the state of the Union be discharged from the further con­ .ADVERSE REPORTS. sideration of the bill (S. 228) for the erection of a public building at Mr. LANDES, from the Committee on Pensions, reported back ad· Camden, N.J., and that the House now proceed to consider the same. versely bills of the following titles; which were severally laid upon The bill was read. the table, and the accompanying reports ordered to be printed: Mr. McMILLIN. Let us have the report read; A bill (H. R. 4591) granting a disability pension to Nathaniel Moody; The report was read. , and The SPEAKER. Is there objection to the present consideration of A bill (H. R. 34.06) granting a pension to Jacob Copes. this bill? Mr. COX, of North Carolina. I desire to ask the gentleman from 1\f. LOUISE BUTLER. New Jersey [Mr. Hrn.ES] whether there is a United States court held On motion of Mr. STRUBLE, the Committee on Pensions was dis· at the place named in this bill. charged from the further consideration of a bill (S. 773) granting a 1\Ir. HIRES. No, sir; not at present. pension toM. Louise Butler; and the same was referred to the Commit· Mr. COX, of North Carolina. I object. tee on Invalid Pensions. Mr. SPRINGER. I call for the regular Ol'der. ll.A.RTOLA TV:Ell.A.NT.

E~GROSSED COPY OF A BILL. Mr. STRUBLE, from the Committee on Pensions, also reported back The SPEAKER, by unanimous consent, laid before the House the favorably a bill (S. 2151) to pension Bartola Thebant, a soldier in the following resolution; which was read, considered, and adopted: Florida Seminole Indian war of 1849 and 1850; which was referred to the Committee of the Whole House on the Private Calendar, and, with Resolved by the House of Representatives, That the Senate be requested to send to the House a duplicate copy of Senate bill No. 938, for the relief of Chittenden the aecompaning report, ordered to be printed. Brothers, which passed the Senate August 4, 1886, the or.iginal engrossed copy of said bill haviug been lost. .ADVERSE REPORTS. Mr. STRUBLE. I have some adverse reports to m2..ke, and in def­ En"'ROLLED BILLS SIGNED. erence to the request of the gentleman from Kentucky [Mr. WoL­ Mr. NEECE, from the Committee on Enrolled Bills, reported that FORD] I ask that the first bill, instead of being laid upon the table, be the committee had examined and found truly enrolled bills of the fol­ placed upon the Private Calendar. lowing titles; when the Speaker signed the same: The SPEAKER. It is a Senate bill, and the Chair will state to the A bill (H. R. 1085) for the relief of Albion S. Keith; and gentleman it is customary to place such bills upon the Private Calen­ A bill (H. R. 5692) for the relief of James B. Russell. - dar. 440 CONGRESSIONAL R.ECORD-HOUSE. JANUARY 7,

1\fr. STRUBLE, from the Committee on Pensions, reported back ad­ The CH.A.IRMAN. -The House is now in Committee of the Whole versely bills of the following titles; which were severally referred to for the consideration of bills on the Private Calendar. the Committee of the Whole House on the Private Calendar, and the The Clerk will report the first bilL accompanying reports ordered to be printed: The Clerk read as follows: A bill (S. 2217) for the relief of Andrew T. McReynolds; .A bill (H. R. 4810) to confirm a certain pri\·ate-lnnd clnim in the T erritory of A bill (S. 1103) granting a pension to Caroline E. French; New Mexico. A bill (S. 1214) granting a pension to Reamus G. :Morris; Mr. HALSELL. Mr. Chairman, I desire to state that at the last A bill (S. 1463) granting arrears of pension to Mary Helena Mahan; session of Congress there was a general bill passed by the House em­ A bill {H. R. 1559) for the relief of Fordyce Foster; and bracing this and the three following bills on the Calendar, but which A bill (H. R. 9897) for the relief of Zemia. Shepherd. - has not yet been acted upon by the Senate. I ask unanimous consent, therefore, that this bill and the three immediately following it be laid WILLI.A 3I J. POITKYENT. aside informally, not to lose their places on the Calendar. Mr. STONE, of Kentucky, from tb~ Committee on War Claims, re­ There was no objection, and it was so ordered. ported back favorably a bill (H. R. 10148) for the relief of Willia.m J. The next business on the Private Calendar was the bill (H. R. 2140) Poitevent;'which wns referred to the Committee of the Whole House for the relief of the Columbia Bank in Pennsylvania. on the Private Calendar, and, with the accompanying report, ordered 1\Ir. HIESTAND. I ask unanimous consent that this bill be laid to be printed. · aside informally, remining its place on the Calendar. P IROlliS H. BELL. There was no objection, and it was so o1·dered. Mr. PERRY, from the Committee on War Claims, reported back f\l­ JOHN R. HARRINGTOY. vombly a bill (H. R. 8079) for the relief of Piromis H. Bell, adminis­ trator of Marcus A. Bell, deceased, and others; which was referred to The next business on the Private Calendar was the bill (H. R 1773) the Committee of the Whole House on the Private Calendar, and, with for the relief of James J. Johnston. the accompanying report, ordered to be printed. Mr. LEHLBACH. I ask unanimous consent to substitute for this bill a bill which is on the same page of the Calendar, a few lines fur­ WILLI.A::.U T.ABB. ther down, the bill (H. R. 4594) for the relief of John R. Harrington. 1\Ir. KLEINER, from the Committee on War Claims, reported back I ask to lay this bill aside informalJy with a view to taking up and favorably a bill ( S. 1310) for the relief of William Tabb ; which was considering the other in its place. referred to the Committee of the Whole House on the Private Calen­ There was no objection. dar, and, with the accompanying report, ordered to be printed. The bill is as follows: JACOB l\IATHIS: Be it enacted, &c., That John R. Harrington have lense to apply to the Com­ missioner of Patents for an extension for the term·of se\·en years of 'the reis­ On motion ofl\fr. LYl\IAN, the Committe~ on War Claims was dis­ sued letters patent numbered 2415 and 2416, each dated December 11, 1866, for charged from the further consideration of a bill ( H. R. 2832) for the improvements in carpet-lining and means for producing the same, from and relief of Jacob lllathis ; and the same was referred the Committee on after his decision thereon; such application to the Commissioner of Patents to to be made within three months from and after the date of the passage of this act, Military Affairs. and the proceedings before said Commissionet· to be made to conform to the The call of committees for reports was then concluded. statute relating to the extension of letters patent granted for the term of four­ teen years. ORDER OF Bu S:O.""E S. SEc. 2. That no right of action to recoYerdamage shall accrue to the patentee, or his assignee, from ·the time of the expiration of said patents nntil the exten­ Ur. HATCH. I move to dispense with the business on the Pri>ate sion as contemplated by the first section of this act. • Calendar for to-day. [Cries of ' 'No ! ' ' ] Mr. TOWNSHEND. Let the report be read. The motion was disagreed to. The report (by Mr. LEHLB.ACH) was read, as follows: Mr. SPRINGER. I desire to move that the House now _resolve itself 'l'he committee adopts the House report No. 2592, Forty-eighth Congre s, ec- into the Committee of the Whole House for the COllSideration of bills ond session, as follows: · on the Private Calendar. But before that question is put I offer the • That the applicant is an old man and entirely blind, and bus been so during the greater portion of the lifetime of the patents, and for this reason he failed following resolution in reference. to the mode of procedure in the con­ to realize-any adequate compensation for his inYcntion and expenses. sideration of the bills when we get into Committee of the Whole. " The invention consists in the improYement of carpet-lining, and is a founda­ tion one, and of great merit. It appears that the most influential dealers in the The Clerk read as follows: carpet trade in all parts of the United Shtes have petitioned for renewal of the R esolwcl, That when the House resolves its£>lfinto the Committee of the \Vhole patents to the said John R. Hanington, and that the manufacturers are in favor for the consideration of bills on the Pri...-ate Calendar the bills shall be taken up oftbe same. in their order; but if the consideration of any bill is objected to it shall be laid ''No opposition appears to be mace to the granting of the t•elief pl'llYCd for aside for this day, but notlose its place on the Calendar, and the committee shall by the applicant-. The committee are confident from all the evidence that the proceed to conside~ th~ next bill. ·whe~ objection is ~ade to the consideration failure to obtain compensation is not from any neglect or default of the appli­ of any bill such ob;echon shall not be Withdrawn dunng the day. cant." The committee recommend ::m amendment to the bill by striking out all of The SPEAKER. Is there objection? section 1, after the word "act," in line 11. and inserting as follows: Mr. OATES. I object. ".And the Commissioner of Patents is heTeby authorized and empowered to Mr. ADAMS, of Illinois. Is objection made? renew and extend to said John R. Harrington each of said patents for the term of seven years from and after his decision thereon, with the same force and ef­ M:r. SPRINGER. The bill which the gentleman from Alabama [Mr. fect as if each of said patents had been originally granted for the term of seven OATES] desires to reach is not in the Committee oftheWhole, but has years f1·om the date of his decision thereon, if, in his judgment, the same been reported from that committee: and is now before the House. should be renewed and extended." Mr. OATES. If this resolution does not apply to that bill I will The committee recommend the passage ofthe accompanying bill as amended. withdraw my objection. The amendments recommended by the committee were agreed to. Mr. ELY. I renew:..the objection. - The bill as amended was laid aside to be reported to the House with Mr. SPRINGER. Then I ask unanimous consent to pass this order. the recommendation that it do pass. The SPEAKER. The Clerk will read. ORDER OF BUSINESS. The Clerk read as follows: Mr. SOWDEN. r ask unanimous consent that the next business on Resol·ved, That. Fdday, the Hth day of January, 1887, after the morning hour, the Calendar, being the joint resolution No. 60, be laid aside inform­ be set apart for the consideration of Senate bills on the Pri...-ate Calendar of the ally, not to lose its p1n.ce on the Calendar. llouse. There was no objection, and it was so ordered. The SPEAKER. Is there objection? Mr. SPRINGER. I ask unanimous consent that the next bill on the Mr. :MORRISON. I object. ' Calendar (H. R. 4235), reported adversely from the Committee on Mili­ Mr. SPRINGER. Then I insist upon my motion to go into Commit­ tary Affairs, be laid aside informally, retaining its place on the Calendar. tee of the Whole. There was no objection, and it was so ordered. The motion was agreed to. Mr. OATES. Before the House resolves itself into Committee of the WILLI.A1\I PIKE. Whole-- • The next business on the Private Calendar was the bill (H. R. 527) The SPEAKER. But the House has resolved to go !nto Committee for the relief of William Pike. of the Whole. The bill is as follows: ?!I.r. OATES. I wish to raise a question of order as to a ·bill on the B e i t e-nacted, &c., That the Secretary of the Treasury be, and he is hereby, au­ Calendar. thorized and directed to pay to William Pike, of Tipton County, in the State of Indiana out of any money in the Treasury not otherwise appropriated, the sum The SPEAKER. The Chair will state that the bill to which the of$850, for money paid by said Pike for a substitute du1·ing the late war. gentleman doubtless refers was, by an order of the Honse, postponed M:r. WARD of Indiana. Let the report be read. until Friday, July 30. On that day no action whatever was taken in 1 The report ~by Mr. KLKINER) is as 1ollows: regard to it, and therefore it becomes unfinished business and comes The committee find the facts to be as 11tated in House report No. 2Ll5, FOl·ty­ np for consideration when the committee rises to-day. eighth Congress, first session, which report is hereto annexed and made a part Mr. OATES. That is what I wanted to ascertain-the status of that ot this report, and is as follows: . "The claimant was, about the middle ofNovember,l864, at the county of Tip­ bin. ton in the then eleventh Congr&slonal district of Indiana, drafted into the mili­ · The House accordingly resolved itself into Committee of the Whole tary service of the United States, pursuant to the ad of Congress approved l\iatch (Mr. McMILLIN in the chair). . 3, 1863, for • enrolling and calling out. the national force . ' Immediately upoa 1887. CONGRESSIONAL RECORD-HOUSE. 441 being so drafted he procured one Thomas 0. Bosworth to go as his substitute' The report (by Mr. GEDDES) was read, as follows: and paid said Bosworth for going into the military service of the Government, as such substitute for said claimant, the sum of $850. It appears clearly from the The claimant in this case seeks compensation for property owned by him in evidence that said Thomas 0. Bosworth was duly accepted by the Go>ernment the month of June, 1864, at Dalton, Ga. He says it was worth $3,550, and tliat the authorities as such substitute, was mustered into the naval service of the United same was taken from him by the Army of the United States under the command States as such substitute, and so served until the close of the war. But, notwith­ of Lieut~na.nt Haste,of Indiana, and Colonel Laibolot, of the Second Regiment standing these facts, the said claimant, after he had furnished said substitute, of Missouri Volunteers. He aver!'! that he was loyal to the G:overnment of the was compelled, under the same dt·aft, against his will and over his protest, to United States. , enter the military service of-the United States and serve until the 3d day of Conceding this claim t-o be correctly stated, as matter of fact no compensation April, 1865, at which t.ime he was honorably discharged. The evidence clearly can be allowed for the loss. It was property held and owned in an insurrec­ shows that the claimant was compelled to perform this service for the Govern­ tionary State, and was seized during active hostilities. All the general legisla­ ment without any fault or negligence on his part, but solely through the mistake tion of Congress has been against allowing this class of laims, and your com· or fraud of the agents of the Government, and that he has never been repaid, mittee see no good reason for a change of that policy. There is nothing so ex­ from any source, any part of the said sum of S850, which he was compelled to ceptional in this case as to warrant your committee in departing from the gen­ expend in order to procure said substitute. eral rule, and therefore recommend that the bill in this case do lie upon the ''Your committee have no hesitation, under the facts, in recommending that table. said claimant be allowed and paid the said sum of $850. They accordingly re­ port in favor of the passage of the bil.l." The views of the minority (presented by Mr. STOXE, of Kentucky) Your committee therefore adopt said House report as the report of this com­ were read, as follows: mittee, and report the accompanying bill (H. R. 527) for his relief, with recom­ I do· not concur in the report of the majority of the Committee on 'Va.r Claims mendation that it pass. in the case of John l\I. Higgins. The bill was laid aside to be reported to the House with the recom­ W . J. STO~E. mendation that it do pass. Mr. SPRINGER. I move that the bill be Jaicl aside with the recom­ GEORGE W. B..!.LDWI~ A:XD OTHERS. mendation that it do lie on the table. Mr. STONE, of Kentucky. :Mr. Chairman, this bill comes here with 'l'he next business on the Private Calendar was the bill (H~ R. 529) for the relief of George W . .Baldwin, Charles L. Baldwin, and Dora an adverse report or a. statement that the claim should not be paid on Thompson. · account of the simple fact that it originated, as claimed in the majority The bill is as follows: repot·b, in the State of Georgia. I am aware of the fact it has been the custom not to pay claims of this character originating in States declared Be i t enacted, cf:c., That the Secretary of tbe Treasury be, and he is hereby, au­ thorized and directed to pay to Georg~ W. Baldwin, Charles L. Baldwin, and to be in rebellion. But here the facts and the state of the case are very Dora Thompson (the onlylteirs at law of William F. Baldwin, deceased), of Tip­ different from cases of this kind that the Congress of the United States ton County, in the State of Indiana, out of any money in the Treasury not other­ ·wise appropriated, the sum of $850, for money paid by the said 'Villiam F. has refused to pay. Baldwin for a substitute during the late war for the Union. :rtir. Higgins was a citizen of the State of Kentucky. · He moved to the State of Alabama in 1860 and took this property with him from The CHAIRMAN. The question is on laying the bill aside. Kentucky to Alabama. When the war broke out, or when it became :Mr. PETERS. Let us have the report read, or at least some ex­ evident to Mr. lliggins that war was to break out, he made his arrange­ planation as to why this man should be paid. ments to move his property back to Kentucky, not having become The report (by Mr. KLEIXER) was read, as follow : properly a. citizen of Alabama. He went to Kentucky and made his The committee find the facts to be .as sta.ted in House Report Ko. 2117, Forty­ arrangements to move back there, and went to Alabama for the prop· eighth Congress, first session, which report is hereto annexed and made a part of this report, and is as follows : erty. He started for Kentucky but found it impossible to pass through "The claimants are, respectively, in the OJ·der in which their names appear the lines and stopped for the time being in the State of Georgia. When in the bill, the father, brot.her, and sister of 'Villiam F. Baldwin, deceased, and the United States Army reached Dalton, Ga., where :M:r. Higgins was they are all of full age. The said decedent, 'Villiam F. Baldwin, was, aboutthe middle of NoYember, 1864, at the county of Tipton, in the State of Indiana, in located, they took his property by order of officers of the United States the then Eleventh Congressional district-of said State, drafted into the military Army and appropriated it to the use of the army. These facts are service of the United States, pursuant to the act of Congress appro\·ed 1\Iarch clearly proven in the evidence, and beyond that the loyalty of Mr. 3, 1863, • for enrolling and calling out the national forces.' Immediately upon being so drafted, he procured, one Timothy 0. Reagan to go as his substitute, lliggins is not disputed. It i<.~ thoroughly established by the proof and -paid said Reagan for going into the military service of the Government, furnished in the papers. And I hold that Mr. Higgins was virtually as such substitute for said decedent, the sum of $850. "It appears clearly from the evidence that said Timothy 0. Reagan was duly a citizen of Kentucky, a State not in rebellion; that he wa-s loyal accepted by the Government authorities as such substitute, that he was mustered to the United States Government; and that his property ought to be into the naval senice as such substitute, and so served until the close of t-he paid for. If property of loyal citizens is paid for anywhere the prop- war. But. notwithstanding these facts, the said decedent, after he had fur­ erty of Mr. Higgins should be paid for. . nished said substitute, was compelled under the same draft, against his will, and over his protest, to enter the milttar1 y sen·ice of the United States (being The Congress of the United States has paid many claims of this assigned to the Twenty-third Regiment of Indiana Volunteers), and served until kind. The Forty-I!inth Congress ha-s passed bills paying inany claims the 16th day of February, 1865, at which time, and when still in the service, he died. The evidence clearly shows that the decedent was compelled to perform that were not anything like as just as this. Justice demands that this this se1·vicc for the Government without any fault or negligence on his part, claim be paid by this Government. but solely through the mistake or fraud of the agents of the Government, and Mr. EDEN. Will the gentleman yield to me for a question? that neither he nor the claimants, or any of them, who are his sole heirs at law, ha>e ever been paid by any one, or from any source, any part of the said sum of l\Ir. STONE, of Kentucky. Yes, sir. SS50 which decedent was compelled to expend in order to procure said substitute. :M:r. EDEN. I ask the gentleman from Kentucky why .Mr. Higgins " Your committee have no hesitation, under the facts, in recommending that did not present his claim to the commissioner of claims who had juris­ said claimanf.q, as such heirs at law of said decedent, be allowed and paid the diction over claims of this sort in the insurrectionary States? said sum of 8850. They accordingly report in favor of the passage of the bill." Your committee therefore adopt said House report as the report of this com­ Mr. STONE, of Kentucky. He was then a citizen of Kentucky and mittee, and report the accompanying bill (H. R. 5~) for theit· relief with 1·ecom­ was not aware of the remedy he had. mendation that it pass. ·Mr. SPRINGER. This bill comes clearly within the rule laid down The CHAIRMAN. The question ·is on laying the bill aside. by the committees both of this House and of the Senate in regard to The committee divided; and there were-ayes 54, noes 7. unauthorized depredations by Federal troops during the late war and Mr. O'FERRALL. No quorum has voted. · should not be paid. If it is it opens up a class of cases the cost of the The CHAIRMAN. The point of order being made that no qnornm payment of which is beyond the comprehension of any one. has voted, the Chair will order tellers. I have in my hand the report of this Committee on War Claims of :Mt·. O'FERRALL and Mr. WARD, of Indiana, were appointed tellers. the House in the case of Frederick Klor, one of my constituents. I in­ The committee again divided; and the tellers· reported-ayes 100, troduced a bill in behalf of this claimant at the first session of this Con· noes 19. gress. It was referred to the Committee on War Claims, and on the Mr. O'FERRALL (one of the tellers). I will withdraw the call for 9th of March last was reported back with the recommendation that it a quorum, and when the question comes up in the House I will ask for do not pass. I desire to read the report in that case, which is very ihe yeas and nays. brief, in order to show the line of decisions which this committee is fol· So (further count not being called for) the bill was laid asit1e to be lowing: reported to the House with the recommendation that it do pass. The claim in this case comes clearly within the principle involved in numer­ ous cases reported by your committee to the present Congress. It clearly ap· JOHN M. HIGGI:KS. pears that the loss was the result of the unauthorized depredations of Federal troops. The next busines.:; on the Private Calendar was the bill (H. R. 940) Your committee therefore feel compelled, in pursuance of past Congressional for the relief of John M. Higgins, reported by the Committee on War action, to report adversely, and recommend that the bill do lie on the t.able. Claims with an adverse recommendation. This claimant resided in Sangamon County, lllinois. These depre­ The bill was read, as follows : dations were perpetrated in that county. . The party never was inside Be it enacted. &:c., That the sum of $3,600 is hereby appropriated, ou~ of any money in the Treasury not otherwise appropriated, to pay John M. Higgins for of an insurrectionary district. The property never was there. It was horses, mules, hogs, cattle, pork, corn, wheat, and other supplies taken and a matter which occurred entirely in a Northern State where there were used by the United States Army in 1862,1863, andl864; and the Treasurer of the no operations of war within two or three hundred miles. But the United States is hereby instructed to pl.y the amount herein named to the or­ it der of the said Higgins. property was taken without lawful authority, and was therefore de· nominated a depredation by Federal troops unauthorized by any officer Mr. STONE, of Kentucky. I move that the hill be reported to the of the Army. House with a favorable recommendation. · This case is not as strong as the other. It is a case simply of a loss , Mr. EDEN. I ask that the report be read. in the midst of war, such a loss as is inevitable in the movements of 442 CONGRESSIONAL RECORD-HOUSE. J.ANU.ARY 7, armies; simply a destruction ofproperty as the armiesmarchedonand him in the name of the Union; you robbed him in the name of the as battles took place. Union; and now in time of peace, when tbe contest is over -and he It could not have been n.voided, and all such cases as that have been comes to this great Government that robbed.him and says, "Pay me rejected heTetofore by both Houses of Congress. I do not remember for my property; I am a. Union man; I was always a Union man; I that any ca e of the kind has passed this House since I have been a love my country; I always loved it "-when this Union man comes member of Congress. There have been cases passed where the ques­ here and presents this just claim, the distinguished gentleman from tion was in dispute whether they came within this category or not, Illinois says: "Ob, Congress has passed a rule that they will not pass but here is a case where there is no dispute about the fact or ns to the bills for the payment of claims of this kind.' 7 Do you tell me that nature of the loss. • Congress passed a. rule to defy the Constitution of my country, to dis­ 1\Ir. STONE, of Kentucky. The· gentlem:m from Illinois [Ur. inherit the loyal men of the South who stood true to the Union? Con­ SPRINGER] wholly misstates the case.. He undertakes tollraw a par­ gress had no right to adopt such a rule. It is usurpation on the part allel between this and the case of a depredation committed by soldiers of anybody to undertake to pas.c; such a rule. I say-and I hope the in Illinois. This was not a case of depredation; this was not a case of House will listen to me-Congress can pass no rule to prevent a. Rep­ the wanton destruction of property. The proof in this case is that the resentative here from voting for the righteous claim of a loyal man. property was taken under the orders of United States officers and used I hope that when we come to vote upon this question the report of the tor the benefit of the United States. committee will be disregarded, and that justice will be done to a true, The chairman of the Committee on War Claims, who is as careful a devoted, gallant, Union-loving man, who happened to be caught in man upon questions of this character as can be found in the House, Georgia during the war. [Laughter and applause.] can find no objection to this bill, except the fact that the property at :Mr. JOHNSTON, ofindiana. Mr. Chairman, there are doubtless a. the time it was taken was in the State of Georgia. But the House great many of these .cases which may be selected from the mass, and which will remember that this property was taken and used for army pm­ may appear to have some considerations of equity in their support; but poses; so that it is not at all like the case in the State of Illinois which when the Go -o:-ernment bas drawn a line in accordance with which it has been cited here, where the soldiers went out and took property as will pay or refuse payment in the case of war claims, ib becomes the' depredators without any authority from anybody. I do not believe duty of a committee of this House to confine itself within the rule. there is a member of the Committee on War Claims who would have Here is a claim for property which was taken in the Stn.teof Georgia­ the audacity to ask that one of his constituents should be paid for au insurrectionary State. We are prohibited from paying for it by an losses resulting from depredations; but in this case the gentleman from act of Congress; and by the rulings of the War Claims Committee Illinois [Mr. SPRINGER], who is the peculiar guardian of the Treasury, claims of this kind have always been rejected. who wants to be considered the lock to the money-box-that gentle­ In this case the attempt is made to escape thp operation of the rule man comes in here and o~jects to the payment of this just claim for by &'tying that the claimant was a resident of the State of Kentucky, prope1·ty wnich was taken by the United_States troops and was used which was never declared in rebellion; that, for the purpose of following for the maintenance of the United StateS Army, and he wants such a the pursuits of a farmer in the State of Georgia, he had t'aken certain claim as this rejected because a claim that be has made for the unau­ articles of personal property there. But be voluntarily took his prop­ thorized taking of some chickens and fence-rails by soldiers in Illinois erty beyond the line within which the Government guaranteed him has been refused payment! Now, I ask this House whether it is just protection; by his own volition be was with his property in an insur­ or fair that because this property, owned by a loyal man, happened to rectionary State for the purpose of gain. The property having been be within an insurrectionary State-not permanently there-the owner taken under such circumstan.ces, the case comes clearly within the rule. of it, .as I have §&id, a loyal citizen of a State not in insurrection- pay­ I see no more reason why this man should be paid for his property ment shall be refused. than that every loyal man who lost property in Georgia under like cir­ I ask gentlemen to say whether it is fair or jusb that, simply be­ cumstn.nces should be paid. If in this case you abandon the rule and cause of his misfortune in being unable to get this property within the pay this man for his property you open the door for the payment of limits of a State still in the Union and which never attempted to go every loyal man whose property was taken in an insurrectionary State. ont, whether it is just that this man's misfortune shall operate to his Congress has already gone far enough in the direction of paying claims injury and to the loss of his property, when other people who did not which are not authorized, claims which have arisen' in insurrectionary happen to be so situated are being paid for their property taken in like States. It is time that we should call a halt, that we should follow manner. , the law and adhere to the rulings made by both Houses of Congress Ho was virtually a citizen of Kentucky. He was really and truly upon these war claims. I hope that the motion to report the bill to a loynl man. Testimony to this man's loyalty is on file from men of the House with a recommendation that it be laid on the table will be as undoubted loyalty as any that ever the flag of the Union waved agreed to. - over. There is no question about the propriety of the claim except as Mr. SPRINGER. Mr. Chairman, one word in response to the gen­ to the point of the property having been temporarily in the State of tleman from Kentucky [Mr. STONE]. The claim to wl~ch I referred Georgia; but the property was taken by the Army and used for army as having arisen in the State of illinois was the taking of property by purposes, and there i<~ no parallel whatever between this case and a the Army in a State which was not in insurrection. Thn. t property, as case referre(l to in the State of illinois, where '' the boys '' went out and no one disputes, was used for the purposes of the Army. It was a took a few chickens that they happened to find roosting conveniently. case where the troops went out into the fields and took corn and hay, [Laughter.] I hope the motion of the gentleman will be voted down, the produce of a man's farm, which was carried into camp and used. and that Mr. Higgins, a good and loyal citizen of Kentucky, will receive No vouchers were given. The case came within the ordinary opera­ justice from this Forty-ninth Congress of the United States. tions of soldiers in camp, where requisitions for .Supplies were not 1\Ir. WOLFORD. Mr. Speaker, I have listened with a good deal of made. pain to efforts that have been made here at this late day to stain the In the present case, the Army, in the midst of hostilities, passed character of men who believed in the Union, simply because they hap­ through a hostile district of country.· The claimant had his property pened to live at the Soutb . I, for one, would like to know, and the peo­ there before the Army came; and when the Army had passed he had ple of this country would like to know, sir, whether it is a crime for a not the property. That is all he can say about the matter. Now, if Union man to have lived in a disunion State during the time of war. it had been taken regularly, according to the forms of law, a voucher That is the question. It brings itself down to that. It is admitted, would have been given and the claimant could have gone long ago, even by the distinguished gentleman from illinois [Mr. SPRINGER], under the general law, to the Claims Commission and secured the pay­ that the claimant in this case was loyal to his country, that the Union ment of his claim. This not having been done, the case belongs to forces did take his property, and that it was taken by authority. Now another class, as to which it has been the rule of CongTess heretofore the question is, shall he be paid for that property? I stand not. here, not to make payment. If Congress is disposed in the present case to sir, to quibble with ::my gentleman as to whether the property was open this wide door, then a number of cases which ha>e been reported takon in the St.ate of Georgia or in the State of Kentucky. What is here adversely should be sent back to the War Claims Committee; we the difference? A Union man, a man devoted to his country, a man should reverse the action adopted by Congress up to the present time, who loved the flag of the United States, has his property taken from and should begin tho payment of a class of claims which will involve him by the Union forces by direction of Union officers, and used for an expenditure of hundreds of millions of dollars. I submit that the the purposes of the Government, and now when he comes and asks for committee has drawn the line at the right place, and it behooves ns to payment shall this great Govemment, in this day of peace, refuse to maintain tlli1.t line unbroken. Here is a case which comes within the compensate that man? class heretofore rejected; and I hope the vote of the House w'..ll be There was a contest in our countrv-I remember it well-and the unanimous against the payment of this claim. State of Georgia said she would go ~out of the Union. We said she Mr. STONE, of Kentucky. I wish to call the attention of the Com­ should not go out; we said those States could not go out; we said that mittee of the Whole to one remark of the gentleman from illinois [Mr. secession was unconstitutional; we said that disunion was wrong. We SPRINGER]. The only objection which he seems to urge against the went to war about it; and there were some noble hearts in Georgia that payment of this claim is the fact that a certain claim for depredations loved the old flag, that loved the land of their fathers, that loved the in the State of Illinois was not paid. The gentlema.n says that the history and the memory of Washington, and they said, ''Although present case originated in the midst of hostilities; that Mr. Higgins Georgia may go out, we will not go out.'' Among them was this brave had the property before the Army passed through that district of coun­ man, a good man, a true ma.n, who stood by his country. You went to try, and after the Army had gone his property was not there. The 1887. CONGRESSIONAL RECORD-HOUSE. 443 gentleman takes it for granted that the taking of the property was what Mr. STONE, of Kentucky: I will withdraw the point of no quorum, is known as a ''depredation;" in other words, to put the matter plainly, and give notice I shall call for the yeas and nays on the question in that the soldiers stole the property. That was not the fact. The prop­ the House. erty was taken and used by the officers of the Army for the support of So 1\Ir. SPRINGER's motion was agreed to; and the bill was laid aside the Army. The property when taken was in Georgia; but 1\Ir. Hig­ to be reported to the House with the recommendation that it be laid gins was a residentofKentucky; his real home was there; and he had on the table. been endeavoring to get his property into Kentucky. Now, suppose CLAD.I FOR TONY.AGE DUES. he had been enabled to cross the line with his property; suppose he had The next business on the Private Calendar was the bill (H. R. 4583) succeeded in getting back to his home and then had lost his property authorizing the Secretary of the Treasury to make final adjustment of under similar circumstances; thecommittee, insteadofmakingareport claims of certain foreign steamship companies arising from the illegal against this bill, would have reported in its favor. The whole objection exaction of tonnage dues. to this claim is based upon the fact that the property when it was taken It was read, as tallows: and used by the Army was in the State of Georgia. Now, if you are Be it enacted, d!c., That the Secretary of the Treasury is hereby authorized to going to pay for property used by the Army when that pro.Perty be­ allow and pay, out of any moneys in the Treasury not otherwise appropriated, to the North German Lloyd Steamship Company of Bremen, the Hamburg longed to loyal men who lived in a Stat.e not in insurrection, w by should American Packet Company of Hamburg, and the Norse American Line of Swe­ you not JVlY Mr. Higgins? den, interest at the rate of5 pe:: cent. per annum on such moneys as have been As I haYe said, after all the straining to find a reason why this claim exacted from such companies in contra.\""ention of treaty provisions, and hereto­ fore refunded under the act of June 19,1878; such interest to be computed from ..,hould not be paid, the whole objection rests upon the fact that the the date of the ·respective payments by such companies up to the time of re­ property, when taken, was in the State of Georgia, and the further fact, funding the same under the act aforesaid: Provided, however, That such interest urged by the gentleman from Illinois, that a claim for depredations in shall be accepted by said companies, re pectively, in full settlement of all claims on account of said moneys exa.cted from them in contravention of treaty pro­ the State of Illinois was not paid. · I ask this Committee of the Whole visions, as above stated. whether these are valid objections. JtJr. SOWDEN. I askforthereadingofthe reportofthecommittee. There is no ''opening a door '' in this case. Congress is asked sim­ Mr. BUCHANAN. Allow me to suggest to the gentleman from ply to follow exactly the line in which it has been going for tlie last Pennsylvania that this report occupies eleven pages of fine type, and twenty years; that is, paying claims of this kind when they could be that even if the report were read, because of matters which have trans­ brought up for consideration, and when the justice of the claim and the pired' since it was made, it would be necessary for me to make a state­ loyalty of the party were established. Whenever that could be done, ment. I suggest, therefore, that I be allowed to make such a state­ you have been paying claims of this kind ever since 1864. Why stickle ment, and then ifthegentleman wishes to do so he can insist upon the now about this case, and refuse payment, simply because the property reading of the report. in was taken the State of Georgia? There is no "opening a flood­ Mr. COX, of New York. Mr. Chairman, I insist upon the reading gate" in this case. This talk about "opening a door" and "opening a of all these reports. This is an old case; I am familiar with it, having flood -gate '' is used to scare Representatives here from the payment of served on the Foreign Affairs Committee. The principal was paid on just claims. Why not promptly do justice to one of your citizens when this claim. This is a claim for interest. I ask my f1·iend what is the the facts have been established in his case just as they have in hun­ amount? dreds of other cases which have been paid? I can see no reason why Mr. BUCHANAN. The interest computed upon the principal was, I this bill should be rejected, and hope the Committee -of the Whole upon one series of these claims, a little rising $80,000, and on another will report it favorably to the House. series a little over $70,000; but this computation was at the rate of 6 1\Ir. SPRINGER. One moment, Jtir. Chairman, before the vote is per cent., whereas the bill provides for only 5. I suppose, however, taken. The committee reporting this bill uses this language: if the reading of the report is insisted upon it may as well be read pre­ It was property held and owned in an insurrectionary State, and was seized during active hostilities. All the general legislation of Congress has been against vious to any rlebate, but not in my time. allowing this elass of claims, and your committee see no reason for change in The CHAIRMAN. The Clerk will read the report. that policy. There is nothing so exceptional in this case as to warrant your The Clerk proceeded to read the report. committee in departing from the general rule, and therefore recommend the bill in this case do lie upon the table. 1\Ir. BUCHANAN. Mr. Chairman, I would suggest, in view of the fact that this is a very lengthy report, and as the H ouse has been in That is the report of every member of the Committee on WarClaims session some time this morning, that by unanimous consent this case with the exception of the gentleman from Kentucky [Mr. STO!..TE], who be allowed to go over until next Friday, retaining its place on the Cal­ .gives us the views of the Iillnority: endar, so that it may come up for action early in the day. I do not concur in the report of the majority of the committee in the case of John 1\I. Higgins. · There was no objection, and it was so ordet·ed. Now, if the gentleman from Kentucky wished to have enlightened ORDER OF BUSINESS. the House in the minority report which he presented he might have The next business on the Private Calendar was the bill (H. R. 2175) stated the facts in the case, showing in what respect the report of the for the relief of Dr. W . S. Hosack. majority of the committee had misrepresented them. But there is no Ur. WHITE, of Pennsylvania. I ask :unanimous consent that this dispute about the facts at all. The committee reported the facts unan­ bill be passed over to retain ita place on the Calendar without preju­ imously, and the gentleman from Kentucky does not dispute them. dice. These facts as reported show that this property was seized in the midst There was no objection, and it was so ordered. of active hostilities. Such a case has never heretofore been allowed by ELON A . MARSH AND MINA.RD LAFEVER. this Congress, and in my judgment never will be. The next business on ihe Private Calendar was the bill (H. R. 5894) Mr. RYAN. Let us have o. Yote. for the relief of Elon A. Marsh and ~finard Lafever. 1\Ir. ST..ONE, of Kentucky. There is no necessity, Mr. Chairman, The bill is as follows: for anything like an extended statement of the facts in the report of Whereas heretofore, to wit, on the 28th day of December, A. D .1880, in due form the minority, as there is no disagreement in the committee us to the of procedure and in all legal respects,lett.ers patent numbered236052 of the United States of America. were duly granted and issued to Elon A. :Marsh and his as­ facts of the case. There is no denial in this case of the fact that Mr. sigoee,l\linard Lafever, of Battle Creek, in the county of Calhoun and State of Higgins lived in Kentucky, nor that the property when taken was in Michigan, one of the United States for a new and useful improvement in steam­ Georgia. Neither is there denial of the fact this property was taken engine valve-gear, sa\""e that the s.a.1d1 letters..Patent vrere not, by accident or mis­ take, at the said time pf issuing, to wit, on the 28th day of December, 1880, signed, and used for the benefit of the United States Army. Those are the as by Jaw required, by the Secretary of the Interior; and facts in the case, and there is no dispute o.bout them. . 'Vhereas the said~amed letters patentwereaft.erward, to wit, on the 24th day But, sir, the majority of the committee decided the claim should of February, .A. D.18S2, but not before, duly signed by the then Acting Secretary of the Interior: Therefore, not be paid simply because the property was in the State of Georgia. Be it e-nacted, cfc., That the letters patent named in the preamble of this act That is whero the disagreement is. There is no disagreement as to are hereby and by this act made legal, valid, complete, and operative, in law and any other point. equity, fl"Om the 28th day of December,1880, to the same extent and for the same term that the same would have been legal, valid, complete, and operative if the I do not concur with the majority report, because I believe the prop­ signature of the Secretary of the Interior had, at the time of the supposed issue erty belonging to a man who lived in Kentucky, although that prop­ of said letters patent on the day aforesaid, been placed thereon, and the omis­ erty was in the State of Georgia, should be paid for when taken by the sion of said signature thereon had not occurred. Government just aS quickly as if it had been across the line. There Mr. SPRINGER. Let the report be read. is no q nestion o.bout his loyalty-that was established by the testimony Mr. MORGAN. I ask that the views of the mi.Jiority be read in that of men whose loyalty has never been questioned. case. The question recurred on Mr. SPRINGER's motion that the bill oo The Clerk proceeded to reaa the report. laid aside to be reported to the House with the recommendation it be Mr. MORGAN. I think, M:'r. Chairman, it would perhaps obviate laid upon the table. the necessity of reading the two reports if I may be permitted to make The committee divided; and there were-nyes46, noes 37. a brief statement. After a consultation with the members constituting· Mr. STONE, of Kentucky. · No quorum. the majority of the committee they agree that the amendment sug­ The CHAIRMAN appointed as tellers :Mr. SPRIKGEB.and Ur. STONE, gested by the minority may be incorporated in the bill. If that amend­ of :Kentucky. _ ment is adopted as a part of the bill it will obviate our objections and The committee again divided; and the tellers- reported-ayes 67, save the reading of the reports. noes 54. Mr. W ARNE.R, of Ohio. Let the amendment be read. 444 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

The Clerk read as follows: The report (by Mr. LY~IAN) is as follows: We tllerefore respectfully recommend that the bill be amended by adding· at We copy and adopt ns our own a report made by the Committee on War the end thereof the following proviso, to wit: . , Claims of a former Congress on this same claim, viz: "P1·ovided, howet·e1·, That the provisions of this act shall not be held or con­ The claim made by these applicants for relief, as provided in the billreferrcd strued to apply to or affect :my suits now pending, nor any cause of action arising to the committee, is for money which Captain Parvin and Captain Greene act­ prior to its passage." ually expended, the one in enlisting Company F, and the other Company G, of 1\Ir. SPRINGER. I desire to haYe the body of the bill read again. the First Regiment of California. Volunteers in the year 1861, unde1· the first call of President Lincoln for troops to defend the lawful authority of the Gov- The bill was a.g~ read. ~nmM~ - The amendment was agreed to. At this time there was no step taken by the executive of the State of Califor­ The bill as amended was laid aside to be reported to the House with nia to comply with the call. Under these circumstances Captains Parvin and Greene each raised a company of the First California. Regiment, and each at his the recommendation that it do pass. own expense enlisted, subsisted, and provided transportation for their respect­ SAMUEL H. MOER. ive companies until they were mustered into the se1·vice for three years, or the war, by order of General Sumner, some time in 1861. , The next business on the Private Calendar waa the bill {H. R. 3365) The entire expense of enlisting, subsisting, and transporting these companies for the relief of the heirs or legal representative of Samuel H. Moer. from the northern part of the State, a distance of about 200 miles, to San Fran· The bill is as follows: cisco, was paid by these applicants up to the time when the companies were mus­ tered into the service in the First California Regiment, under the command of Be it enacted, &e.,' That the proper accounting officers of the Treasury be, ancl Col. James H. Carleton. No part of these expenses was paid by the State of they hereby are, authorized and directed, in the settlement and adjustment of California, nor has any claim been made by that State on the General Govern­ the accounts of Samuel H. 1\Ioert deceased, to allow credit for the disbursement ment for any part thereof. of the public funds disbursed by nim under the authority of William Gilpin, late The evidence before the committee shows very clearly that in raising Com- • governor of Colorado Territory, of the amount with which he now stands charged pany F Oaptain Parvin expended $1,932.50, of which he has received from the upon the books of the Treasury, upon satisfactory evidence being furnished of Government the amount by him expended, except for subsistence. Under the the actual disbursement of said fund for the benefit of the public service. I'ule of the War Department he could be allowed only 40 cents per day for the SEC. 2. That the Secretary of the Treasury be, and he hereby is, authorized and ration of each soldier, while, as it appears by the evidence before the commit­ directed, upon such settlement and adjustment being made as aforesaid, to pay, tee, the actual cost and the actual amount which he paid for each man exceeded out of any moneys in the Treasury not otherwise appropriated, to the heirs or $1.50 per day. His cla.im is'for the balance, being about $1,000. legal representative of the said Samuel H.l\Ioer the pay and allowances due him Upon the application of Captain Greene to the War Department for the money by reason of his se.rvices as captain and assistant quartermaster of volunteers which he expended in ra.istng, subsisting, and transporting his company he during the late war, and withheld on account of non-settlement of his accounts. was informed that as he could obtain of the Department only an allowance of Mr. SPRINGER. Let the report be read. 40 ceuts a day for rations, and as his claim was for au actual expenditure of more than $U50 per day for each man, it would be as well to seek relief from Mr. JOHNSTON, of Indiana. This man was selected for the dis­ Congress for the whole as to receive from the Department a part, and still be bursement of certain quartermasters' funds in the service of the De­ obliged to seek relief from Congress for the balance. partment and purchased certain property, using all the funds; but his The committee have carefully exa.mined t.he affidavits and other papers which have been referred to them, and IU'e entirely sati.sfied that Captain Parvin and vouchers, or one set of them, were . rejected on account of. some infor­ Captain Greene has each expended the money for which they now seek to be mality. He afterward and before the rectification of the informality reimbursed, and that except as stated, a part payment to Captain Parvin, no died. The Government got possession of the property which had been part of the money thus expended has been 1·eimbursed either by the State of Ca li!omia. Ol' by the General Government. accounted for, and the only mistake was in reference to the formality The States in raising troops in defense of the Republic have been reimbursed of the vouchers. This bill proposes simply to allow settlement with all the expenses incurred in recruiting, subsisting, and transporting t.mops up to the time of being mustered into the service. the heirs the same as if the vouchers had been corrected. In raising these two companies of the First Regiment California. Volunteers, Mr. SPRINGER. About what amount is involved? the executive fu1·niahed neithe1· place of rendezvous, subsistence, nor transpor­ Mr. JOHNSTON, of Indiana. . The whole amount was $6u,OOO. tation. Captains Parvin and Greene made their advances until their companies were mustered into the service, and the committee can see no reason why as There is a deficiency of about $16,000 I think in the >ouchers. individuals they should not be placed upon an equal footing with States in this Mr. SPRINGER. · I think we had better have the report read. respect. · The report (by !r!r. JOHNSTON, of Indiana) "is as follows: Althouah ·a long time has elapsed since these disbursements were made, it appears that the a.pplican ts since they left the service at the end of the ,i·ar have The facts as presented by the.petition and the evidence are as follows: That been diligent in seeking the relief which they now ask. in 1861 the legal authorities of the United States placed in the hands of Governor A similar bill has once passed the Senate. That bill was considered ~md rec­ fiilpin, of Colorado, the sum of $65,198.67 to be expended for quartermaster ommMded by the 1\Iilitary Committee of the House, but failed for want of time stores, and for subsisting and equipping United States troops; that San:iuel H. to be presented for the approval of the House. Moer, then a citizen of Denver, was selected by said goyernor as his agent for The committee th~refore report and recommend the passage of the bill which the disbursement of said funds; that in pursuance of said ·appointment, said was referred to them. This bill simply directs the proper accounting officer to 1\ioer disbursed said funds, and forwarded vouchers therefor to the proper au­ examine and determine the amounts justly due to Washington L. Parvin, not thorities; but vouchers covering the sum of $16,075 were fow1d in some manner exceeding $991.10, for expenses incurred by him in recruiting, subsisting, nnd to be defective, a.nd were returned for correction, but the evidence fails to show transporting Company F, First "Regiment Infa.nt.ry, California Volunteers, in that the vouchers thus returned ever came to the possession of said l'lloer, as he the year-1861, and also what is justly due Henry A. GreMe, not exceeding $3,303, was then in the militarrservice of the United States. The evidence further shows that subsequently the Government detailed and authorized one Captain for expenses incurred by him for a like purpose with reference to Company G, ­ Alley to take charge of said store, and that Sa.id stores were actually in store of the same regiment. when said Captain Alley' took possession thereof, but that said Alley said there The bill was laid aside to be reported to the House with the recom· was no necessity fo1· his receipting for the same, and he refused to do so. mendation that it do pass. There is nodoubt but said money was properly expended by said ll!oer, and that the Government got the stores purchased therewith, and only has an ac­ rATRICK FLYN:N. count against said Moerin form and not in justice. It. further appears that the Government still owes said ltfoer for services as a soldier rendered during the The next business on the Private Calendar was the bill (H. R. 331) rebellion, nnd refuses to pay the same because said account is unsettled. for the relief of Patrick Flynn, reported adversely by the Committee As the present bill authorizes and directs the proper accounting officer of the Treasury to allow a settlement of said account by allowing a credit for the on War Claims. amount covered by said imperfect vouchers. and authorizes the pay.ment of any The bill is as follows: . sum_due said 1\Ioer for his services as a soldier, yom· committee think it is but just and right, and therefo1·e recommend the passage of the same. Be it e~taelccl, &e.; That the Secretary of the Treasury be, and is he1·eby, au­ thorized and directed to pay out of any moneys in the Treasury not otherwise Mr.·SPRINGER. 1\Ir. Chairman, I wish to ask if this bill requires appropriated, to Patrick Flynn the pay and allowances of a major of infantry that the Secretary of the Treasury shall adjust this _account as he may from 1\Iarch 10, 1863, to November 26,1863, inclusive, deducting therefrom the determine, or does it require a settlement upon the basis of the bill? pay he. received during said period. The CHAIRMAN. If there be no objection the bill will be again 1\.fr. ROWEL.L. I see by the Calendar that this bill is reported ad­ ~M~ • yersely by the Committee on War Claims. I think that report was The bill was again read. made under a misapprehension of the facts. The same bill was reported · Mr. JOHNSTON, of Indiana. I move that the bill be laid aside f.worably by the same Committee on War Claims in the Forty-eighth with a favorable recommendation. Congress, and I think that but for a misapprehension it would have The motion was agreed to. been reported favorably again. - · - The bill was accordingly laid aside to be reported to the House with Patrick Flynn was a captain of the Ninetieth Regiment of Illinois the recommendation that it do pass. Volunteers. March the 1st, 1863, the lieutenant-colonelcy of that regi­ WASHINGTON L. PARVIN AND HENRY .A. GREE~E. ment became vacant, and the governor of Illinois, who was by law an· The next business on the Private Calendar was the bill (H. R. 5535) thorized to appoint the commissioned officers of the regiments of the for the relief of Washington L. Parvin and Henry A. Greene. State, commissioned Major Stewart as lieutenant-colonel and Captain Flynn as major of the regiment. . The bill is as follows: The colonel of the regiment was hostile to these officers. I know Be it enacted, &e., Tha\ it shall be the duty of the proper accounting officers of the Treasury to examine and determine the amount.s justly due Washington L. something of the regiment. It was an Irish regiment, and a very excel­ Parvin for expenses incurred by him in recruit.ing, transporting, and subsisting lent_one, but the colonel was one of those men who believed in fighting Company F, Fii·st Regiment California Infantry Volunteers, in the year 1861, in without discipline, and these officers were men who believed that disci· · t.he State of California; also what is justly due Henry A. Greene for expenses in­ curred by him in recruiting, transporting, and subsisting Company G, First Reg­ pline was necessary to make a good regiment. iment California Infantry Volunteers, in the year 1861, in the State of California; These commissions were issued by the governor of the State of m. but in no case shall the amount allowed thereon to the said Washington L. Pa-r­ inois, and transmitted to the colonel on the 6th of April, and he refused vin exceed 3991.10, nor shall the amount allowed to the said Henry A. Greene exceed the sum of S3,303. And the sums so found to be due to said Washington to deliver them to these officers so that they mjgbt be mustered. · He L. Parvin and Henry A. Greene, respectively, shall be paid to them by a disburs­ alleged as a reason that the regiment at that time was below the min· ing officer under the direction of the Secretary of War: Provided, That accept­ imum, and therefore not entitled to a lieutenant-colonel or to a major; ance of such payment shall be in full of all claims on account of said expenses: Pro~Jided further, That no claim under the provisions of this act shall be audited misapprehending the law which provided that where a. regiment was and paid unless presented within one year from the passage of this act, · below the minimum and the colonelcy became vacant there should be 1887. CONGRESSIONAL RECORD-HOUSE. 445·

no promotion to th~t office. The colonel of the regiment wrote to the three field officers, and I thirik it shows affirmatively that this man did governor of the State, asserting his right to name the field officers and not perform the duties of major-at all events, it fails t{) show that he nominating others to the positions. The governor, asserting his own did perform them. He was carried on the rolls as a captain, and was right and in the interests of tho regiment, refused to commission the in command of his company until the date of his muster, the date officers nominated by the colonel. He, therefore, refused to deliver when he began to draw pay as a major, and if we have not :niisappre­ these commissions, holding them in his possession, preventing these hended the law entirely, we can not pass this bill without opening officers from being mustered to the positions to which they had been the door to hundreds, I might say thousands, of claims of like charac­ commissioned. ter. Those who were in the service well know that there were many In September the colonel withdrew his opposition to the mustering officers who were promoted and received their commissions and carried of the major promoted to lieutenant-colonel, and he was mustered. In them, but could not be mustered because their regiments were below November the colonel finally withdrew J;is opposition to the muster of the minimum. ' the m!ljor, C~proin Flynn, and he was then.mustered in as major of t-he We have an act providing that in cases where an officer entered upon regiment. the duties of an office and actually performed those duties, he can be This bill proposes to pay him the difference between the pay of a paid by the Department. There is no difficulty about a case of.that captain and that of a major from the date of the reception of his com- kind. But this is not that case. So far as the record shows, this offi­ mission till the date of his final muster; and it is based upon the cer, Captain Flynn, never performed the duties of a major until the principle that the governor of the State had the lawful right, ashe ha-d date of his muster. The gentleman from illinois [Mr. RowELL] says the duty, to commission these officers and to name who they should be; that the colonel finally withdrew his objection to the muster of Cap­ that the colonel of the regiment, by his unlawful and arbitrary act, pre- tain Flynn, who was then mustered. vented their going upon duty in these several offices; that the United I do not so understand the record, as presented before the Committee · States was entitled to have these offices filled; that the governor of the on War Claims. That record shows that Captain Flynn was mustered State did fill them; that these officers were prevented from being mus- .after the colonel of the regiment had been killed in battle, and that he tered by the arbitrary act of the colonel, and that therefore the United was mustered at a time when {the colonel having been killed) the reg­ States ought to pay for this service. iment was entitled to two field-officers, the lieutenant-colonel and the The only reason why this muster can not be corrected under a gen- major. I do not know whether the gentleman from Illinois [Mr. eral law is the fact that this man was prevented from discharging the ROWELL] means to say that the record shows that this officer was duties of major under his commission by the act of his colonel. mustered by reason of the withdrawal of the objection of the colonel, I therefore move, Mr. Chairman, that the bill be laid aside, to be re- though I understand him to say that that was the fact. But how- ported to the House with a favorable recommendation. ever that fact may be, it would have nothing to do with the case, as Mr. BRAGG. I trust that the report of the Committee on War I tmderstand it, and it does not appear in the record. The record Clai.m,s will be sustained by this House. If this officer is entitled to _shows that he was mustered when the colonel had been. killed. pay we have provided by general laws how he shall receh·e his pay and Mr. ROWELL. It is true, Mr. Speaker, as the gentleman from Iowa what proof shall be required in order to entitle him to his pay. [Mr. LYMAN] states, that this man was not mustered until after the The proof required under the law as it now stands is, first, that be colonel was killed, but it is also true that before the battle in which shall have ha-d a commission; second, that there shall have been a the colonel was killed he had withdrawn his objection, and had deliv­ vac.

Mr. BRAGG. I move that the bill be reported to the House with the Forty-eighth Congress; and upon that bill a report was made, a recommendation that it lie on the table. favorable in it.s character, except aa to these two engineers. That The CHAIRMAN. In view of the vote just taken by the House, if report, drawn up by the honorable member from Virginia [1\Ir. WISE], there be no objection, the motion of the gentleman from Wisconsin a member of the Commit"tee on Naval Affail-s, I hold in my hand; and [Mr. BRAGG] will be co~dered as agreed to. The Chair hears none, from it I gather that at the time of this collision there was neglect of and it is so ordered. duty, ;in consequence of which a court-martial was convened, before MESSAGE FRO.l\I THE SENATE. which these engineers were tried. They were found guilty of neglect The committee rose informally; when a message from the Senate, by of duty, and suffered the sentence of that court-martial. Mr. McCooK, ita Secretary, announced that the Senate had passed, It may be the sentence pronounced by the court-martial should be with an amendment, in which the concurrence of the House was re­ taken by the, country as expiation of the faults of these two men. The quested, the bill (H. R. 1877) for the t·elief of John McNaughton. bill as it came before the Committee on Claims in the present House The message also announced that the Senate had passed bills of the did not contain their names, and we were not under the necessity of foll6wing titles, in which the concurrence of the House was requested: passing on their cases. So far as this bill is concerned, these names A bill (S. 309) to settle and adjust the claims of any State for ex- now appear for the :first time, and the question for this House to con­ penses incurred by it in defense of the United States; sider is whether the other worthy claimants shall have their bill en­ A bill (S. 474) for the relief of George W. Saulpaw; dangered in its passage through Congress this session for the benefit of A bill (S. 1359) for the relief of the heirs of Erskine S. Allin; and these two gentlemen who·were found by court-martial guilty of neglect A bill (S. 1651) authorizing the Secretary of the Treasury to make of duty at such a critical period, and who suffered the sentence pro­ :final adjustment of the claims of certain foreign steamship companies, nounced against them in punishment of that neglect. arising from the illegal exaction of tonnage dues. I do not know whether the sentence thus pronounced against these The Committee of the Whole House on the Private Calendar resumed officers was too severe or not, but I do know the sentence of one was its session. that he should be reprimanded by the honorable Secretary of the Navy, and thn.t the other officer be suspended from duty for one year on leave­ SUFFERERS BY WRECK OF STEA.JUSHIP ASHUELOT. of-absence pay and maintain his present grade during that period. The n~t business on the Private Calendar waa the bill (H. R. 2110) Now, it might be that on reinvestigation of the matter, so far as these for the relief of the sufferers by the wreck-of the United States steam­ officers are concerned, that I would not object to the introduction of ship Ashuelot. their names into this bill, if it-were not for the fact that at present the Mr. BUCHANAN. This bill has been reported by the House com­ introduction of their names into the pending measure must seriously mittee with. amendments. The bill (S. 250) on page 63 of the Cal­ endanger its passage. And it seems to me that justice to these worthy endar, is in precisely the same form as the House bill with the amend­ claimants should not be now postponed longer for the convenience of menta of the committee. I therefore ask unanimous consent that the those whom a court-martial found guilty of neglect of duty. bill (S. 250) be taken up instead of the bill (H. R. 2110) and substi­ Mr. LONG. Let me inquire of the gentleman from New Jersey tuted therefor. whether the loss of the Ashuelot was found to be due to their care­ The CHAIRMAN. The gentleman from New Jersey [1rlr. BucH­ lessness. ANAN] asks unanimous consent that the bill he has indicated be taken Ur. BUCHANAN. I am asked by the honorable gentleman from up in lieu of the one the title of which has just been read. Is there Massachusetts whether the loss of the Ashuelot was found to be due to objection? The Chair hears none, and it. is so ordered. The Clerk the negligence of these officers, and I will say, from information, that will report the bill. while the actual loss of the vessel was not due to the negligence of The bill (S. 250) was read, as follows: these officers, that the loss of life was. Be it enacted, de., That to reimburse the officers of the Unit·cd States Steamer Mr. :M:A.RTIN. It seems to me Mr. Chairman, that the informa­ Ashuelot, wrecked off the Lamock Islands, in the China Sea, on the night of the 18th of February, 1883, for the loss incurred by them, respectively, in said tion of the gentleman from New Jersey either is incorrect or that I am wreck, there shall be paid, out of any money in the Treasury of the United myself in error. From what I gather in regard to this case it appears States not otherwise appropriated, the following stuns, namely: To Andrew J. these parties were tried by a court-martial; and while they were e:xon­ Iverson, lieutenant; Ambrose B. Wyckoff, lieutenant; Henry T. Stockton, lieutenant; Frank R. Hotchkin, lieutenant, junior grade; T. E. D. W. Veeder, orated from all blame, they were nevertheless, by the censure inflicted lie~ tenant, junior grade; Edward N. 'Vhitehouse, paymaster; Samuel H. upon them, subjected to a certain punishment or penalty which each Dickson. passed assistant su.rgeon; and James l\:L Pickrell, assistant engineer, one of these parties bas undergone. I think the gentleman understands each il,OOO. 'To Silas H. Wright, naval cadet; Samuel H. Williamson, naval cadet; William T. Webster, naval cadet; Robert Stewart, naval cadet; A .. F. full well that whatever the sentence of that court-martial was in each Callander, mate; and David 1\lonat, pay clerk, each $700. instance it has been fully-executed. Sxo. 2. 'l'hat the widow, child, or children, or in case there be not such, then Mr. BUCHANAN. And I so stated in my remarks. the surviving parent or parents of those in the service who were lost in the wreck of the United States steamer Ashuelot, namely: William Gronan, seaman; Mr. MARTIN. Both were punished to the extent which t.he court­ George Valentine, captain of the hold; Fritz Rackenbach,quartermaster; Will­ martial thought they ought to have been punished. iam Bronson, landsman; SaintLeger Crone, quarter-gunner; AhKid,painter; What are the fact.s in reference ·to the case to this man Entwistle? Sun Shing, carpenter's mate; George Ashton, carpenter; Ah Too, landsman; Andrew Scotland, private marine; and Benjamin H. Wohlrab,landsman. shall He reported everything was clear in his department, and everything be entitled to and receive, out of any money in the Treasury of the Unit.ed was at that time. The loss of life which resulted afterward was due States not otherwise appropriated, as follows, to wit: The relatives, in the order to the circumstance that a man went back into that department under named, of the persons connected with the United Stat.es steamer Ashuelot, herein­ before referred to, a sum equal to twelvemonths' sea-pay ofeachperson lost: the charge of Entwistle for the purpose of bringing something out, and .Provided, Thatin any case where heretofore a pension has been granted, or may while attempting to do so lost his life. If the matter could be rein· hereafter in fact be granted, to any such widow, child, or dependent parent, vestigated, I am told, it would appear fully and completely that this by reason of the death of any of the persons named in this section, in the payment of such pension account shall be taken of any sum paid as above provided, and to man is in no respect responsible for the loss of life which. occurred on the extent of its accou~t said sum sh'l.ll be in lieu and stead of such pension, that occasion. It was a misfortune. and no further: Provided further, That the legal representatives of the above But even if it were so, if there were a degree of c:uelessness, if even deceased persons who were in the service of the Government shall also be paid from the Treasury of the United States any arrears of pay due said deceased at that were attributed to him, he has undergone the sentence of the the time of their dealh. court-martial and should not be asked to suffer any further. Why should these men, then, be preYented from sharing the bounty, Mr. MARTIN. I desire to offer an amendment, which I send to the or whatever it may be called, which the Government proposes to give desk. to those who suffered by reason of this disaster. I have myself no The Clerk read as follows: interest in the matter. I offered an amendment in the interest of a Amend by inserting, after the word" surgeon, 11 in line 14, the names of" James gentleman who seems to be acquainted with everything connected with Entwistle and Robert. R. Leach, passed assistant engineers." the matter, who knows this party and declares him to be a most d~ 1t{r. MARTIN. It seems that the name of James Entwistle was serving man, and who believes that, havingsufferedthe full penalty of stricken {)Ut of this bill upon the supposition that he had been guilty the sentence_of the court-martiaJ, there should be an end to it and that of gross neglect of duty. From all the information that I can gather, he should be allowed tO be provided for with the others in this bill. there is a misapprehension ex.isting on this subject. It appears that Mr. BUCHANAN. If there is a case where the doctrine of laches after he had cleared the vessel and had left it, and had so reported, one should apply it is the present one. It was presented to Congress in man went back to the vessel for the purpose of getting something, and January, 1886, and referred to the Committee on Claims and promptly in doing so lost his life. This is the only neglect of duty that could by acted on by that committee, the report being submitted to the House any means be attributed to Entwistle; and I think that, under the cir­ on the 2d of March, 1886. No one appeared in that committee in be­ cumstances, there is no more reason w by his name should be stricken half of these gentlemen to have their names placed in it, and there has out than there is .for striking out the name of any other person men­ been no such effort to place their names iri it except within the last tioned in the bill I hope, therefore, that my amendment will be half hour, when a gentleman appeared on this floor and asked to have adopted, and the hnguage of the bill restored as it was originally. their names inserted. Mr. BUCHANAN. Mr. Chairman, Ihopetheamendmentwill not be Now, why should these worthy claimants have justice to them longer adopted, and for reasons which I will briefly state. The gentleman from postponed by having their bill endangered and jeopardized by the in- · Alabama [Mr. MARTIN] is in error in saying that these names were sertion of the names of these two officers, however they may have suf­ strick.en out.of the bill. They were not in the bill as introduced in fered and however unjustly they may have been condemned, when those the present Congress. They were in the bill which was intt:odnced in officers failed to put in an appearance before the committee so their 1887. CONGRESSIONAL RECORD-HOUSE. 447

na.mes might be placed in the bill? In my judgment, now to place 1\Ir. OATES moved to reconsider the vote by which the resolution them in the bill would practically defeat the passage of the bill. was passed; and also moved that the motion to reconsider be laid on .AB to allegations in reference to their conduct, I do not go back of the table. the findings of the comt-martial. I take the facts as I find them there, The latter motion was agreed to. and they a.re a.s I have stated them. The Committee on Naval Affairs of the last Honse in their report used this language: SAl\:IUEL SAWYER. As to the engineers, your committee are of the opinion they ought also to be The next business reported from the Committee of the W~ole with excluded from the provisions of the bill becaU&e of neglect of duty at a time of a favorable recommendation was the bill (H. R. 4028) granting a p~n­ great peril, when it was incumbent upon them to be more than ordinarily brave, prompt, active, and vigilant. Your committee think it would furnish a. bad sion to Samuel Sawyer, the question being upon the passage of the bilL precedent to remunerate them for their loss. ' The bill was passed. I do not know these gentlemen; I know nothing about them. I only DANIEL SCHULTHEIS. know that at this, the eleventh hour, ay, at half past the eleventh The next business reported from the Committee of the _Whole with hour, they come in here and ask that these others be postponed unless a favorable recommendation was the bill (H. R. 7911) granting a pen­ they can be considered. I hope, Mr. Chairman, they will be remanded sion to Daniel Schultheis, the question being on the engrossment and to their own separate bill for their own relief, in order that the judg­ third reading of the bill. . . ment of the House may deal with each case as it is presented and as it The bill was ordered to be engrossed and read a third time. deems best. Mr. SPRINGER. I desire to ask how these "bills come before the With reference to the particular facts of the case, whether they have House. ' been punished sufficiently or not, it is impossible for us to determine, The SPEAKER. They come over as unfimshed reports from the because, as I said before, their names did not appear in the original Committee of the Whole on a previous session, and are taken up in bill, and hence the committee had no occasion to investigate that sub­ their order. ject. I hope the amendment will not prevaiL · Mr. SPRINGER. Were throe not bills that were objected to at night Mr. MARTIN. I ask a vote on the amendment. sessions when the question of a quorum was raised, and they were sent The question was taken; and on adivision there were-ayes 16, noes to a full House to be acted upon? ~ . The SPEAKER. The Chair thinks that would make no difference. M .r. :MARTIN. No quorum has voted. They come over as unfinished reports from the committee, and al"e first Mr. SPRINGER Then I mo'Ve that the committee :rise. in order when that class of business is taken np. The motion was agreed to. Xhe bill was passed. The committee accordingly rose; and the Speaker having 1·esnmed the chair, Mr. McMILLIN reported tb.a.t the Committee of the Whole FRIDOL~ GLASTETTER. House having had under consideration business on the Private Calen­ The next business reported from the Committee of the Whole with a dar had directed him to report sundry bills with ..:various recommenda­ favorable recommendation was the bill {S. 2132) granting a pension to tions. Fridoline Glastetter. MOBILE AND OHIO RAILROAD COMPANY. The bill was ordered to be read a third time; and having been read . The SPEAKER. The Clerk will report the title of the first business the third time, was passed. coming over from a previons session of the committee. The Clerk read, as follows: JOHN R. HARRINGTON. A joint resolution (H. Res. 72) to provide for the settlement of acoounts with The bill (H. R 4594) for the relief of John R. Harrington was re­ the Mobile and Ohio Railroad Company. . ported from the Committee of the Whole House with an amendment. The SPEAKER. T'ne question is on the passage of the joint reso­ The amendment wa1:1 agreed to; and the bill as amended was ordered lution. to be engrossed and read a third time; and being engrossed, it was ac­ Mr. OATES. Mr. Speaker, I wish to be indulged in a very brief ex~ cordingly read the third time, and passed. planation or statement of the facts on which this joint resolntion is WILLIAM PIKE. founded, and I think if gentlemen will give me their attention they will have no diffic'!llty in determining how to cast their votes upon it. The bill {H. R. 527) for the relief of Willi..'tin Pike was reported nom At the close of the late civil war, in 1865 or 1866, nearly all of the the Committee of the Whole House with a favorable recommendation. railroads in the Southern States were in a bankrupt condition o.nd had The bill wa.s ordered to be engrossed and read a third time; and no rolling· stock and no money with which to buy it. The Government being engrossed, it was accordingly read the third time, and passed. owned all of the rolling-stock throughout the country and sold it to GEORGE W. DALDWIN ET AL. the different railroads on time, taking bonds from them bearing 6 per The bill (H. R. 529) for the relief of George W.Baldwin, ~harles cent. interest for the payment. In 1875, on February 23 of that year, L. Baldwin, and Dora Thompson was reported from the Comnnttee of Congress passed an act organizing a board consisting of. the Attorney­ the Whole House with a favorable recommendation. General and the Secretarv of War. and vested them w1th power and The bill was ordered to be engrossed and read a. third time; and being authority to adjust theclalms oftbeGovernmentand tbeconnter claims engrossed, it was accordingly read the third time, and passed. of these various railroads, and gave them authority to allow dednctions from the price at which they bad purchased the rolling-stock not to JOHN M. IDGGINS. exceed 25 per cent. within their discretion. The bill (H. R. 940) for the relief of John l\1. Higgins was reported Applying that rule to this particular company, the Mobile and Ohio from the Committee of the Whole House with an adverse recommenda- Railroad, they found that the payments made by the company, added tion. / to the amount due for services rendered the Government, would exceed The SPEAKER. The qnestion is on agreeing to the recommenda­ the amount of its liability, which, when it was cauied out, amounted tion of the Committee of the Whole House that the bill be laid upon to $505,000 or $555,000~ I forget exactly which. the table. Under that law they had not the power or authority to draw on the Mr. STONE, of Kentucky. Upon that question I demand a vote. Treasury for the surplus found due in favor of the company, and hence The qnestion being taken, failed to adjust this claim. This bill proposes therefore simply an ex­ The SPEAKER stated that the "ayes'J seemed to have it. tension of that act which will invest the .Attorney-General and the Sec­ Mr. STONE, of Kentucky. I call tor a division. retary of War with the power and .authority to audit, adjust, and settle The House divided; and there were-ayes 67, noes 9. the accounts between this company and the Government of the United So (further count not being called for) the bill was laid upon the State.c:;, anditallowstbem to exercise all thediscretion which was vested table. in the same officers under the original act; that is, to allow to this com­ ELON A. MARSH ET AL. pany a deduction to the extent of 25 per cent., or any less sum; or if in The l)ill (H. R. 5894) 'ror the relief of Elou .A. Marsh and Minard their judgment they ought not in equity to have any deduction then it Lafever was reported from the Committee of the Whole Hou.se with an is within their power to withhold it. It simply invests them with a sound discretion, which they will exercise, and arrive no doubt at a jnst amendment. The amendment was agreed to; and the bill as amended was ordered conclusion. to be engrossed and read a third time; and being engrossed, it wa.~ ac­ If any deduction is proper it will-be allowed. .A.fier casting up the cordingly read the third time, and passed. accounts in favor of the company for money paid and services rendered the Government and the $505,000 which the company are to pay for the REPRESIDt~AT,IVES OF S.A.UI OEL H. MOE&. ·rolling-stock and the interest, being therefore simply a matter of the The bill (H. R. 3365) for the relief of the heirs or legal .representa­ settlement of the accounts, the anditing and adjusting and settling of tive of Samuel H. Uoer was reported from the Committee of the Whole the claim. , Honse ·with a fuvorable recommendation. It seems to me there is no possibility of danger here, and that it is The bill was ordered to be engrossed and re.'ld a third time; and being not only a matter of right, but a simple matter of justice. I move the engrossed, it was acc:>rding1y read. the thir~ time and passed. previous questien upon the passage of the resolution. 1 • The previous question was ordered; under the operation of which WASHIXGTON L. P.A.RVIN E1' .AL• the resolution was passed. The bill (H. R. 5535) for the relief of Washington L. Parvin a.nd 448 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,-

Henry A.:Greene was reported from the Committee of the Whole House to me, Mr. Speaker, that when we have just frittered away another with a favorable recommendation. day up~n such claims and have accomplished scarcely anything, the· The bill was ordered to be engrossed and read a third time; and being representatives of the people ought to be willing to consider whether engrossed, it was accordingly read the third time, aJ;ld passed. or no this matter of adjudicating private claims should not be provided for in another way, namely, by taking them out of Congress and plac­ WRECK OF THE U~ITED STATES STEAMER ASHUELOT. ing them where they should be, in the hands of a court. The bill (H. R. 2110) for the relief of the sufferers by the wreck of Mr. BRAGG. 1\Ir. Speaker, I move that the House now take a re- the United States steamer Ashuelot was reported by the Committee of cess. . · the Whole House with the recommendation that it be laid on the table. The SPEAKER. A single objection prevents the consideration of The bill (H. R. 2110) was laid upon the table. the bill this afternoon. The gentleman from Wisconsin [Mr.· BRAGG] PATRICK FLYNN. moves that the Honse now take a recess until half past 7 o'clock. · The bill (H. R. 331 ) for the relief of Patdck Flynn was reported by ELIZABETH S. DE KRAFFT. the Committee of the Whole House with an adverse recommendation. 1\ir. STRUBLE, by unanimous c~nsent, reported from the CommittEle The SPEAKER. The Chair is advised that the committee did not on Pensions a bill (S. 2730) granting an increase of pension to Elizabeth direct this bill to be reported to the House. S. de Krafft; which was referred to the Committee of the Whol_e on the. Mr. SPRINGER. The chairman of the Committee of the Whole Private Calendar, and, with the accompanying report, ordered to be_ announced that the committee having refused to report back the bill printed. with. a favorable recommendation, that was equivalent t-o directing it ST. DOMmiCK 1S CHURCH, DISTRICT OF COLUMBIA. to- be reported back with an adverse recommendation. Mr. STORM, by unanimous consent, introduced a bill (H. R. 10414) The SPEAKER. The committee must expressly direct the bill to be for the 1·elief of St. Dominick's church, in the District of Columbia; reported. The refusal to report a bill with an adverse or a favorable which was read a first and second time, referred to the Committee on recommendation does not take the bill ont of the committee. · the District of Columbia, and ordered to be printed. Mr. BRA.GG. A motion was made to report the bill back adversely with the recommendation that it be laid upon the table, whereupon the EXROLLED BILLS SIGNED. chairman of the Committee of the Whole st-ated what the effect of the MI-. NEECE, from the Committee on Enrolled Bills, reported that former vote would be, that it was the same as directing the bill to be they had examined and found duly enrolled bills of the following titles; reported with the recommendation that it be laid on the table; that when the Speaker signed the same: · legitimately construed, that action had the same effect as giving una'll­ A bill (S. 1 29) for the relief of the Greensburg Limestone Com­ imous consent to the bill being reported. pany, and others; The SPEAKER. If~ arrangement of that sort is made and acqui- A bill (S. 1353) referring to the Court of Claims for adjudication the esced in, it would bring the bill before the House. . claims of John H. Kinkead, Samuel Sussman, and Charles 0. Wood; Mr. M~MILLIN. A statement to that effect was made at the time, and ·· and no objection was made to the motion of the gentleman from Wis­ A bill (S. 2901) to authorize the Secretary of the Treasury to sell consin [Mr. 'BRAGG] that the bill be reported adversely. and convey the United States custom-house and post-office property at The bill was laid upon the table. Eastport, in the State of .M:aine, lately destroyed by :fire; the proceeds thereof to be invested in the purchase of a new site for, and t.o provide' RECOXSIDERATION. for the erectio.n of, a new public building at that place. - ~I.r. SPRINGER moved to' reconsider the several votes by which bills The question was taken on the motion of Mr. BRAGG for a recess, had been passed; and also moved that the motion to reconsider be laid and the Speaker declared that the noes seemed to have it. . on the table. A division being called for, the House divided; and there were-ayes The latter motion was agr~ed to. 'il, no.es 14. ORDER OF llUSI.SESS. The SPEAKER. • The motion for a recess is agreed to. At the even­ ing session the gentleman from Tennessee [l\Ir. :lticMILLIN] will pre­ 1\lr. SPRINGER. There is one hour o( time before the House will side. take a recess. I ask unanimous consent that a bill reported from the The House accordingly (at 4 o'clock and 5 minutes__p. m. ) took a Committee on Claims looking to the adjudication of all private claims recess until 7.30 p. m. against the Government by the Court of Claims shall·have considera­ EVE~lNG SESSION. tion at this time; the object being to get the matter into the hands of a conference committee so that the whole subject of private claims and · The recess having expired, the House reassembled at 7.30 p.m., Mr...... the disposition ofthem may be determined at this session of Congress. McMILLIN in the chair as Speaker pro tempore . The Senate has passed a bill amending what is called the Bowman act. The SPEAKER pro tempore. The Clerk will read the order under The Committee on Claims has had it under consideration and recom­ which this evening session is held. mends striking out all after the enacting clause and inserting in lieu of The Clerk read as follows: Resoh:ed, That on each Friday the House shall take n recess from :> o'clock it the bill reported by the House Committee on Claims on that subject. p.m. until 7.30p.m., at which evening sessions private bills granting pensions The House is not asked to determine any question on this subject, reported from the Committee on Invalid Pensions and the Committee on Pen­ but to pnt this whole matter in a shape that we can have a conference sions, and bills reported from the .Judiciary Committee to r emove political dis­ committee. And I will state for the information of the House that it abilities only, be considered. is desired to consider at the same time the bill reported by the Com­ Mr. SWOPE. Mr. Speaker, I moYe that the House resolve itself mittee on the Judiciary, so that the whole subject may be embraced in into Committee of the Whele for the purpose of cousiderin~ the order one act and come before us for action at this session. If the House will for this evening. adopt this motion I will give the assurance that, the Chair assenting, Mr. DOCKERY. Before that motion is put, Mr. Speaker, I uesire the committee of conference will embrace the chairman of. the Judiciary to ask unanimous consent (if it is proper to ask it in the House) that Committee, so that we may cover all the matters involved. members present may be allowed to call up such bills as they desire. 1\fr. BRAGG. I hope the suggestion of the gentleman from Illinois The SPEAKER pro tempore. That will be amatterto bedetermined will not be acceded to by the House. I remember we had a long- and in Committee of the Whole. severe struggJ.e over the passage of what is called the Holman act-­ The motion of Mr. SwoPE was agreed to. - Several MEMBERS. Bowman act. The House accordingly resolved itself int.o Committee of the Whole, Mr. BRAGG. It was Holman and Bowman, and everybody else Mr. TOWNSHEND in the chair. that was connected with it. The question involved is such a one as I The CHAIRMAN. - The Clerk will read the pending bill. think ought to receive the careful consideration of the. House. CHARLES E. CAPEHART. The questions involved in the bill should be discussed in the House. The Clerk read as follows: This very clever offer to go out in conference with three or four gentle­ men and fix up some legislation and bring it in here to be adopted by An act (S. 1481) grantiug an increase of pension to Ool. Charles E. Capehart. Beit enacted, &:c., That the Secretary of the Intel'ior be, and he is hereby, au­ the Honse in the form of a conference report I think ought not to be thorized and directed to place on the pension-roll, subject to the provisions and accepted upon an important measure like this, intended to deal with limitations of the pension laws, the name of Charles E. Capehart, late lieuten­ the disposition of all claims against the Government of the United ant-colonel, First Regiment of Virginia.Cavalry,attherate of $50 per month, in States. I have great confidence in the wisdom of conference commit­ lieu of the pension he now receivc:s. tees, but I also have great distrust at times of their action, and I hope An amendment reported from the Committee on Invalid Pensions the suggestion of the gentleman from Illinois will prevail. was read, as follows: Mr. SPRINGER. Let me say to the gentleman from Wisconsin [Mr. In the seventh line of the printed bill strikeout "fifty" and insert" forty-five," BRAGG] that this subject has received consideration not only at this making the provision read " at the rate of $45 per month." session but at every session of Congress since I have been here, and that The CHAIRMAN. Upon this amendment the gentleman from Cal- the Judiciary Committee has at this session reported a very thorough ifornia [Mr. LouTTIT] is entitled to the floor. · bill upon the subject. The Committee on Claims has also prepared a Mr. ALLEN, of Mississippi. I ask that the report be read. bill, and those two measures, together with the action of the Senate, The CHAIRMAN. The Clerk informs the Chair that the report has. would cover the whole subjectofprivate claims in Congress. It seems already been read. 1887. CONGRESSIONAL RECORD-HOUSE. 449

Mr. DINGLEY. I suggest that the gentleman from California state p;allant soldier, he has delayed asking the Government for what he had justly earned, so long as-he could do for himself and get along without its help, until the substance of the report. · now, compelled by increasing age and infirmity to ask for aid, he finds that those Mr. LOUTTIT. I can state the substance of it if desired. to whom he must look for that strict evidence required by the Department are 1\Ir. Chairman, the objection, I understand, is withdrawn; and the dead or scattered, whither he knows not. Your committee, therefore, fu view of all the facts, think this claimant has question now recurs on the amendment. · richly earned and should receive the assistance asked for, and therefore report M:r. ALLEN: of MissisSippi. I am making no objection. I merely back the accompanying bill and recommend its passage. wanted to know what reason therewns whywe should vote to increase The bill was laid aside to be reported to the Honse with a recom­ this pension. mendation that it do pass. Mr. LONG. This amendment is to cut it down. Mr. ALLEN, of Mississippi. I do not want to do injustice by de­ LINNEUS W. RISLEY. creasing any pension without sufficient reason, and therefore I desire Mr. NEAL. I call up the blll (H. R. 8670) granting a pension to the reading of the report. Linnreus W. Risley. The CHAIRMAN. Unless the gentleman from California [Mr. The bill was read, as follows: LoUTTIT] desires to have the reporh read or to make some explanation, Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and the gentleman from Mississippi will be recognized and can himself call limitations of the pension laws, the name of L innre us W. Risley, late of Com­ for the reading of the report. pany D, Eighteenth Indiana Volunteers. Mr. ALLEN, of Mississippi. I do not want to interrupt these pro­ Mr. JIIIcl\ULLIN. Let the report be read. ceedings, but I would like to know wh!lt there is in this case. The report (by Mr. TAULBEE) was read, as follows: Mr. LONG. We might pass the bill first, and the gentleman can Claimant enlisted June 14, 1861, and was discharged .January 21, 1863. read the report afterward. [Laughter.] Claimant alleges that August 19, 1862, he fell from the third story of hospital The amendment of Mr. LOUTTIT was agreed to. No. I, at New Albany, Ind., where be bad been confined sick. Said fall caused concussion, which resulted in vertigo and insanity. Also, while drilling State The bill as amended was ordered to be laid aside to be reported to militia at L!!.wrenceburg, Ind., August28, 1862 he accidentally discharged a shot­ the House with the recommendation that it do pass. gun which be bad in his band, wounding hrmselC1 in left. foot. He was acting under orders of Colonel Spooner. ORDER OF BUSINESS. Claim was rejected on the ground that said wound was not received in line Mr. DOCKERY. I now renew my request'thattheregular order be of dnty, and of no record in the War Department of alleged injury resulting in vertigo, and his inability to furnish satisfactory testimony showing origin of dispensed with and that members be recognized for the purpose of call­ said injury in the service and line of duty. ing up from the Calendar such bills as they may designate. The records of the War D"partment do not show cause of detail. Mr. BRADY. I call for the regular order. Certificate of disability shows him wounded in right foot while handling a shotgun. The CHAIRMAN. The regular order will be the reading of the first Surgeon Carpenter, of the United States medical director's office, Cincinnati, bill on the Calendar. Ohio, who signed the certificate of disability; states in said certificate that claim­ Mr. BRADY. Upon the solicitation of several gentlemen I with­ ant did not receive said wound in line of duty. Upon what grounds be based this statement is not shown. It is fair to presume that it was not from personal draw the call for the regu1ar order. knowledge, as he was a hospit-al sur~eon at Cincinnati, Ohio, when claimant The CHAIRMAN. If there be no objection, the proposition of the was brought to him. gentleman from Missouri [Mr. DocKERY] will be adopted. Martha li. Soper testifies that claimant shot himself in left. foot while under an attack of hallucination, and she and Dr. Harding took claimant to hospital There being no objection, it was ordered accordingly. in Cincinnati, Ohio. LIFURS ROBERSON. Dr. Harding testifies that he treated claimant for vertigo in January; 1863, when claimant told him it was caused by a fall from a window of a hospital at Mr. JOHNSTON, of North Carolina. I call up the bill (H. R. 3167) New Albany, Ind. . to restore the name of Lifurs Roberson to the pension-roll. The report of the Surgeon-General United States Army, shows him sick in hospital No.1, New Albany, Ind., from August 18, 1862, to September 4, 1862. The bill was read, as follows: Captain Hutchinson, late of Company D, Eighteenth Indiana Volunteers, in Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, di­ his affidavit of claimant's disability, says tha~ claimant fell from the third story rected to restore the name of Lifurs Roberson, late of the First North Carolina of hospital. No.1, at New Albany, Ind., the concussion of the fall causing in­ Regiment, Mexican war, to the pension-roll. sanity which affected him until he was discharged. He further states that claimant was a brave soldier and often led the skirmish, and that said fall was The amendment reported by the committee, to strike out, in lines 4 the cause of his aftliction. Claimant states he was ordered to drill the State and 5, the words "the First North Carolina Regiment," and insert militia when he was wounded. If he was be ought to be considered in line "Company K, Fifth Tennessee Volunteers in the," was read and of duty. He was not with his company any more after he was sent to the bo~pitalatNew Albany, Ind. adopted. There is nothing adverse to the merit of the claim except the statement of The bill as amended was ordered to be laid aside to be reported to Surgeon Carpenter, and be locates the wound as being on right foot, while the the Honse with a recommendation that it do pass. hospital record testimony and medical examinations show that it was the left foot. There may be a doubt as whether the wound was received in line_of duty, JAMES H. YOUNG. but taking into consideration the circumstances of the case, your committee are of the opinion that the doubt should be given in favor of claimant, and there­ Mr. LONG. I ec'lll up the bill (H. R. 8424) granting a pension tQ fore recommend that the bill do pae.s. James H. Young. The bill was laid aside to be reported to the Honse with a recom­ The bill was read, as follows: mendation that it do pass. Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, author­ ized and directed to place on the pension-roll, subject to the provisions and lim­ LIZZIE BROWN. itations of the pension laws, the name of James H. Young, lat-e of Company I, Sixth Regiment Kansas Cavalry Volunteers. Mr. DINGLEY. I call up the bill (H. R. 7716) granting a pension to Lizzie Brown. Mr. LONG. I ask· that the bill be laid aside to be report-ed favor- ably to the Honse. The bill was read, as follows: Be it enacud, &c., That the Secretary of the Interior be, and hereby is, au­ ltfr. McMILLIN. Let the report be read. thorized and directed to place on the pension-roll, subject to the pension laws, The report (b:v Mr. LoVERING) was read, as follows: the name of Lizzie Brown, the dependent and crippled sister of Webster Brown, James H. Young enlisted October 7, 1861, and Wl.\1:! mustered out August 19, late of Company L, First Maine Heavy Artillery, who was killed in the battle 1865. Originally mustered as private, he passed through the several grades, of the Wilderness. and when must-ered out was captain of Company C, Fifteenth Kansas Cavalry. The amendments reported by the Committee on Invalid Pensions, He made a. declaration for pension February 13, 1886, alleging "rupture, injury to right thigh, and hemorrhoids." Claim was rejected April 20, the same year, were read, as follows: on the ground that there was no record of alleged rupture. injury to right thigh, Strike out, in lines 4 and 5, the words" subject to the pension laws." and piles, and claimant's inability to furnish any testimony as to their incur­ At the end of the bill add the words "and pay her a pension at the rate of$12 rence in service and line of duty. per month." The evidence and papers in the case show Captain Young to have been a braYe and efficient officer, and that he did contra-ct disabilities in the service. By hard 1\fr. DINGLEY. The report in this <;ase is very brief; let it be read. riding and saddle service be contracted piles, Dr. T. B. Lester, of Kansas City, The report (by Mr. HAYNES) was read, as follows: · . Mo., operating upou him surgica lly twice for the same, but producing only Lizzie Brown filed a. claim as dependent sister of Webster Browo, a private temporary relief, not a cure; a.lso, during the Price raid, when between Forts in Company L, First 1\laine H eavy Artillery, who was killed at the battle of the Smith and Gibson, in November, 1864, his horse fell, catching him under the Wilderness. Claim was rejected on the ground that she had attained the age saddle, causing rupture and injury to hip, so much so that for the rupture be of six teen years prior to the death of soldier. On account of this absolute bar has been obliged to wear a truss and bandage ever since. the question of dependence and contributions was not gone into. Robert R. Roberts, M . D., tes tifies to treatmen t in New Orleans, 1875, where From the affidavits hereto appen ded it appears that this claimant is now and be- has been for the greater part of her life a hopeless invalid and cripple; thatfor " Treated claimant for partial paralysis and rheumatism of right hip and leg, twelve y ears she did not sit up or stand upon her feet; that both of her parents . the seat of the diseases being located in the lumbar and coccygeal regions of art' dead, and she is dependent on charity. Her only brother, who had con­ the spine, being result of injuries received while in service of the United States; tributed to t-he support of his unfortunate sister, was killed in battle. These also treated him for right inguinal hernia pf right abdominal region, he then are the simple facts, and they constitute a strong and equitable claim. being unable to walk without crutches; have known him ever since, and to my The committee accordingly recommend that the bill be amended so as to fix certain knowledge he has not been able, and is not now able, to perform phys­ her pension at Sl2 per mont.h, and that as so amended it do pass. ical labor." The board of surgeons at Washington, D. C., who examined claimant rate STATE OF lflAINE, county of Lincoln, ss: him at total for hernia and one-fourth total for piles. In case of Lizzie Brown's petition for pension we, the undersigned, D. W. It seems to be established that claimant was free from all disease when be Hiscock, aged fifty-seven years, and J.Allen Jewett, aged forty-five years, both enlisted; that he performed bard and exhaustive service in the saddle in Kan­ of the town of Alna, and both selectmen of said town of Alna, in the county of sas and Missouri; that be contracted the disabilities as alleged, from which be Lincoln and State of 1\:Iaine, having heen duly sworn, depose and say upon our bas suffered ever since. He is now sixty-three years of age, infirm and poor, oaths that we well knew Luther Brown, of this town; that be was the father of with the burden of disabilities increasing year by year; but, like many another the said Lizzie Brown; that he died in this town March 16, 1876; that he bad XVIII--29 ·- 450 CONGRESSIONAL RECORD-HOUSE. JANUARY 7, but one so~ Webster Brown, who was killed in battle of the Wilderness, in The amendment reported by the Committee on Invalid Pensions Virginia; that the said Lizzie Brown was born April, 1848, and that for many years she has been wholly unable to earn her living, and has been, much of the was read, as follows: · time, for fifteen years confined to her bed in consequence of sickness, resulting In line 8, strike ont "50," and insert '·40;" so as to make the pension 840 per in leaving her in a crippled condit.ion; that she has no property to our knowl­ month. edge to the amount of $LOO; that she has been, since the death of her S:lid brother, Webster Brown, and her father, dependent upon the charity of her The report (by Mr. ScoTT) was read, as follows: friends, with no prospect of her ever being restored to health or being able to The committee recommend the passage of the biU with the following amend­ earn her own living, and that unless the Govel"ll.ll1ent should give her a pen­ ment: sion she must suffer. In line 8, after the word" of," strike out the word "fifty" a nd insert the word We have no interest in the prosecution of this claim for pension. "forty." D. W. HISCOCK. :J. ALLEN :JEWETT. Mr. ANDERSON, of Kansas. Mr. Chairman, this bill is verbatim Personally appeared the above-named D. W. Hiscock and :J. Allen :Jewett, the same as the one which has already passed the Senate. I am n(}t whom I certify-to be reliable men, and selectmen of said Alna, and made oath certain whether that bill is on the Calendar, but if I can find it there to the foregoing statement this 28th day of April, A. D, 188G. EDWARD WEEKS, I shall ask unanimous consent that it be substituted for this bill. I Justice of the Pea~. ask for the reading of the Senate report, which states fully the facts in STATE OF 1\L~INE , COUMJ of Lincoln, ss: the case. Personally appeared before me, this Ish day of :June, A. D. 1886, Addison Car­ The report of the Senate Committee on Pensions (by Mr. BLAIR) ney, aged fifty-five yeari!, and Hellen Carney, aged forty-six years, both of New Castle, in said county and State, who, having been sworn according to law, do was read, as follows: depose and say they have been well acquainted with Lizzie Brown, of Alma, in The claimant, Henrietta M. Drum H11nt, is the widow of Henry :J. Hunt, late said county and State, for the past twenty-five yea:rs, and well knew her brother, a lieutenant in the United States Navy, who died at Washington, D . C., l\1ay 5, Webster Brown, who was killed in battle while in the service of t.he United 1886. The widow filed her application before the Department May 13,1886, bas­ Stale$; that to our personal knowledge the sa.id Webst~r Brown did supply his ing the title to pension upon the death of Lieutenant Hunt from disease con­ said sister with funds for her support during his lifetime, he being her only tracted in the line of duty while serving on board the stea.mer Alert, in the brother, not h:n·ing any property of her own, and being an invalid for life, and Greely relief expedition to the arctic regions. that this supply of funds was for years prior to his death. We also deposea.nd The present bill is based upon the following petition of the widow, in which say we ha.ve no interest in the claim of the said Lizzie Brown for pension. In the naval history of the officer is briefly given: witness of the foregoing statement we hereunto set our hands and seals. ADDISON CARNEY. [S"F.AL.] • .WASHINGTON, D. 0., Jtme3, 1886. HELLEN CARNEY. [SEAL.] To Che Chairman of £he Commutes on Pensions, United States Senate: :JUNE 1,1886. Sm: The undersigned begs to represent that her lo.tehusbandl Henry :Jackson STATE OF l\lAThTE, county of Li~&coln, ss: Hunt, was appointed a midshipman in :June, 1870, and was graauated from the Then personally appeared the above-named Addison Carney and Hellen Car­ the Naval Academy in 1Si5. He shortly after joined the Swatara and engaged ney and made oath to the above statement, and I certify that the said witnesses in the survey of the Amazon River; was detached from the Swatara in 1877 and are credible and entiUed to belief. I have no interest in the claim of Lizzie ordered to the training-ship Minnesota, from which he was detached and Brown for pension. ordered to the ship Enterprise, of the European squadron. In l\1ay, 1880, he [ EAL.] F. IRVING CARNEY, was detached from the Enterprise and placed. on waitingorde:rs, and in Septem­ Notary PUblic. ber of the same year was ordered to the receiving-ship Passaic, whence he was detached for duty in the Hydrographic Office, Navy Department. BATH, l\iE., NO'Vemher 29, 1885. In April, 1881, he was ordered to the ship Rodgers, sent to search for the :Jean­ nette in the arctic seas. As a member of this ship's party he endured all the Sm: In 1\larch or April, 188!, I ·made a1)plication for a pension for 1\liss Lizzie hardships, exposure, and privation incident to service within the Arctic Circle, Brown, on account of her only brother, Webster Brown. She was a cripple at especially in the survey of Wrangel Island and the examination of cairns on t he time of his enlist·ment, and for twelve years she did not sit up or stand upon Herald Island. her feet. By the skillful treatment of a doctor from New York she got so she .After the Rodgers reached her winter quarters at Saint Lawrence Bay, she was could walk around, but not able to do any work. ·web3ter Brown enlisted De­ burned November 30, 1881, on which occasion Ensign Hunt was exposed not cember, 1863, in Company L, First Maine Heavy Artillery, in the war of there­ only to the inclemency of a. severe winter in extreme northern latitudes, but in bellion. He was killed in the baUle of the Wilderness, May, 1864. Her father his efforts at saving the lives of his comrades and the supplies for their subsist­ and mofherare both dead, and Webster was her dependence, and she is an in­ ence suffered severely. valid, and under medical treatment now. She is not able t~ do any work. * * * On the 8th of February, l 882, he left Saint La.wence Ba.y in company with his You:rs respectfully, comrade, Lieutenant-Commander Berry, and traveled in sledges along the coast :JOSEPH BROWN. of Siberia to the wesLward as far as the Lena. River, searching fo.r the :Jeannette Hon. NELSON DINGLEY, :Jr. party. Learning on arrival that De Long and some of his companions had landed in the delta of the Lena., and that one boat WaB missing, he at once vol­ The amendments reported by the Committee on Invalid Pensions unteered for service to search the months of the Lena and the seacoast for Lieu­ we:re adopted. tenant Chipp, of the :Jeannette, and his boat's crew, and also aided in there­ The bill as amended was laid aside to be reported to the House with moval of the bodies of De Long and his party from the Lena delta to the United States. He returned to the United States, bringing with him such of the crew a recommendation that it do pass. of the Jeannette as were saved, and was detached from the :Jeannette search JOHN SELBY. expedition April13, 1883. His arctic service is thus rated at two vea:rs. in which he was conspicuous for devotion to duty, and doing all in the power of any one ]')fr. WILLIS. I call up the bill (H. R. 6026) granting a pension to man to do in aid of the success of the expedition. In March, 1883, he was promoted to the grade of lieutenant, and assigned to ord­ .John Selby.' cance duty at the navy-yard at Washington soon thereafter. From thiahewas The bill was read, as follows: detached in April, 1884, and ordered to the expedition fitted out for the relief of Be it enactecl, &c., That the Secretary of the Interior is hereby authorized and the Greely party. During this voyage his health gave way and he was nota.gain directed to place on the pension-roll, subject to the provisions an~ limitations of employed on duty. He died l\1ay 5, 1886. HENRIETTA M. ·DRUM HUNT. the pension laws, the name of John Selby, dependent father of George Selby, late a private in Company C, Seventy-third Ohio Volunteers. We also apJ>CDd the following letter, giving some account of the services per­ The report (by Mr. TAULBEE) was read, as follows: formed by this gallant officer: Soldier George Selby enlisted J a nuary 11,1862, as private Comp_any C, Sev­ :NAVY DEPA.RT:Mm;"T, BmmA.u oF EQ.UIPMENT Am> RECRUlTING, enty-third Ohio Volunteers, and was killed in battle of Bull Run~ August 30, Washington, May 24, 1886. 1862. 1\fy DEAR Sm: If it has not been done"ah·eady, I would like to ~inclose the Clnimnnt John Selby claims pension as the dependent father of said George record of the late Lieut. H. :J. Hunt, for whose widow you so kindly introduced Selby; soldier left no wife, mother, or child surviving him. a bill for pension. Claim was rejected on the gTound that claimant was able and did earn ade­ Lieutenant Hunt's last service at sea was onder my command, in the expedi­ quate means of support for himself and family at time of soldier's death. tion sent in 1884 to the reliefofLieut. A. W. Greely. I feel, therefore, that I Dr. 'Voddle states that claimant was not able to work for sometime previous, ought to say that I believe it was the exposure of this cruise and that in the and since 1863. For the last four years has treated claimant for disease of blad­ search for the Jeannette survivors that hastened this gallant young officeY's der and prostate gland. General health feeble; claimant is old and infirm, death. not able to support himself and family. In performing both of these memorable services young Hunt went forth with Jo. Hicks and :James Vail testify that they have known claimant from 1862 to full determination to do or die, if need be, in the effort to save those of these two the p1·esent time, and that he has not b een a ble to work half his time. ill-fat~d expeditions imperiled in the desolate ice fastnesses of the north; and, The auditor of R-Oss County, Ohio, says claimant's property, real and personal, as his early death was in a large degree the outcome of exposure in the line of was $750 in 1862. his duty in performing extra perilous service, it is con.tidently hoped that his Dr. Woddle says he bought claimant's house in 1867for$000, which was heavily bereaved widow may obtain proper pension. mortgaged. Knew claimant from 1860 to 1868. and that claimant depended on Very respectfully, your obedient servant, his own and son's labor for support. W. S. SCHLEY, qmr-1es ~~11 states that claimant's only means of support was his own and Commander, United Statu Navy, son s earnmgs. Commanding the Greely Relief Expedition of188!. The board of United States examining surgeons of Louisville, Ky., says that Ron. BENJAMIN HARRISON. claimant is wholly unable to do any kind of work. U11.ited SLates Senate, Washington, D. 0. It is the opinion of your committee that the claim is meritorious, and recom­ mend that the bill do pass. Ce1·tificates from the physicians who attended him during his last illness are also filed with your committee. The bill was laid aside to be reported to the Honse with a. recom­ Your committee are of opinion that the premature deo.th of this gallant young mendation that it do pass. officer was a sequence of the great hardship, su1fering, and privation he under­ w ent in his service, especially in the expeditions to the arctic regions. We 1\IRS. IIEXRIEITA M. DRUM HUNT. therefore report back the bill with a. recommendation that it do pass, with the following amendment: Strike out the word "fifty,"_in the eighth line, and in• Mr. ANDERSON, of Kansas. I call up the bill (H. R. 8869) grant­ sert the word "forty" in lieu thereof. ing a pension to Mrs. Henrietta M:. Drum Hunt. The bill was read, as follows: Mr. :MclliLLIN. I ask the gentleman in charge of this bill to state B e it enaeted , &c., Tha t the Secretary of the Interior be, and he is hereby, au­ what pension this widow is now drawing. If the report makes any thorized and directed to place on th~ pension-roll, subject to the provisions and statement on that point, it has escaped my attention. limitations of the pension laws, the name of H enrietta 1\I. Drum Hunt, widow ofthe late Lieut. Henry :J. Hunt, United States Navy, and pay her a pension of Mr. .ANDERSON, of Kansas. She is drawing no pension now, I *>0 per month from and after the passage of this act. believe. Lieutenant Hunt died within the last year. 1887. CONGRESSIONAL RECORD-HOUSE. 451

Mr. McMILLIN. Why has no pension beet?- granted at the Depart­ duty, such as going out upon these peculiarly dangerous expeditions ment? into the Arctic regions. Therefore, as a recognition, a fitting recogni­ Mr. ANDERSON, of Kansas. This was an exceptional case in this tion, on the part of the American people ofsuch unusual ser:vice, it would respect: Lieutenant Hunt volunteered in the original Jeannette arctic not certainly impoverish the nation to grant a little larger pension than expedition, and, as the report shows, served for two years, performing is usual. That is all there is of it, and that is the only point to which all the arduous duties and undergoing all the sufferings connected with I wished to call attention. that expedition. In this way his health was seriously affected. Sub­ Mr. McMILLIN. I movetoamep.d byinsertingtheregnlar pension sequently, when the Greely expedition was being organized, he volun­ that is allowed by law for an officer of this grade, $17 a month, I un- teered to t~ke part in that second expedition; and I can say that, by derstand. ' reason of his arctic experience and of the record he had made in the 1\ir.ANDERSON, of Kansas. I move to amend bymakingitthirty. Department, his services were very much desired. Mr. BRADY. Let me suggest to the gentleman from Tennessee that At the time his health was fiilling the expedition went forth, but be offer his amendm(lnt in this form: subject to the provisions and limi- before they had reached the point he was attacked by consumption of tations of the penSion law. · the throat. Long before they had returned Lieutenant Hunt had Mr. McMILLIN. I think the amount had better be fixed. I have entered upon the first stage of the final disease. That he clearly and no objection, however, to the phraseology, if the gentleman from Vir­ distinctly lost his life becan..c:;e of his volunteering and engaging in this ginia desires to offer the amendment in that form. I move the amend- arctic expedition is as certain as any fact can be. His service is so dis- ment as I first suggested. . · tinct, the duty he did is so rare, that I certainly feel this a case where, Mr. ANDERSON, of Kansas. Let me ask the gentleman if he l eaving as he does a widow and two children without means of sup­ would not be willing to accept a modification of his amendment and _port, that this recommendationof$40permonth is simply an equitable make it thirty ? and fair recogui tion of his gallantry in performing this rare and excep­ Mr. McMILLIN. I do not think it well to do so for the reasons al­ tional service. That is my answer to the question of my friend. ready stated, and which I think are conclusive. When yon tax the Mr. ROWELL. What would be the pension allowed in this case if widow whose husband was killed on the battle-field to pay a larger pen­ it were granted by the Pension Bureau ? sion to one situated as this lady is, you do an act of injustice which I Mr. BRADY. Seventeen dollars a month. regard as inexcusable; but when we frame our legislation on a general Mr. McMILLIN. How is it that more is to be given in the case of principle, and stick to it, we will usually enact wiser laws, give greater the widow of an officer whose death did not occur on the battle-field satisfaction, and produce better results to all than if we undertake to than in the case of the widow whose husband was killed in battle? act in the manner proposed here. Where is there just ground upon which to base any such distinction This widow, as I understand, could not obtain a pension at all between the two cases ? · through the ordinary channels. Ml.'. ANDERSON, of Kansas. So far as· that is concerned my friend Mr. ANDERSON, of Kansas. Oh, yes, she could; you are entirely from Tennessee will understand that his point is germane and perti­ mistaken. nent. Mr. McMILLIN. I have understood from some one near me that Mr. McMILLIN. I think if the pension be granted, it should be at she was not entitled to a pension. the rate allowed those of the same rank who lost their lives in battle. Mr. ANDERSON, of Kansas. There is no question that she is. Mr. ANDERSON, of Kansas. There should, however, Mr. Chair­ Mr. McMILLIN. Then this amount that I have suggested is, I am man, this fact always be borne in mind, that this duty which was per­ satisfied, a reasonable and proper one. formed by Lieutenant Hunt is regarded as outside of the ordinary line Death is death, and thedeprivationofahusbandisthe same inevery of naval service. case. Why then make an exceptional pension here and give to other Mr. McMILLIN. But voluntary, howe•er. widows but $17 a month? There· is no difference in the two cases ex­ :Mr. ANDERSON, of Kansas. Voluntary, of course. But where a cept a difference in favor of the man who was killed in the service of young officer volunteers to undergo all the hardship and with almost his country, for he could not have avoided the duty, while here it was the certainty that death will follow as the result of his arctic service, a voluntary act. yet who undergoes all the hardship of such arctic service during the Mr. ANDERSON, of Kansas. This man was killed in the service period of two years, and then when it is intimated to him that volun­ of his country, and in that respect was just as certainly killed in the teers for another expedition are being called for, and that there is need sernce as any man who perished on the field of battle. This was a of his service, and the Government would like to have him-! will not United States expedition under the command of United States officers. say the Department, and yet I might say something on that point­ He was killed clearly in the line of his duty. My friend from Ten­ when it is intimated his information and experience are needed, and then nessee seems to be laboring under a misapprehension in regard to the this officer volunteers, although he knows it is almost certain to lead case. to his death, a case is presented, to my mind, distinct and different from This lady is now entitled to a pension under tbeexisting law. With­ all others for the relief .proposed. Now, while it is true, of course, out the passage of this bill she can make application and receive the that his family were in no different position from the family of an offi­ pension. cer who was killed on the battlefield, yet it appears to me there is a Mr. McMILLIN. I think that is the proper course to pursue. I distinct and marked difference between the two cases. do not like this method of undertaking by Congressional action to an­ Mr. McMILLIN. I see no higher merit insuchacaseasthatwhich ticipate the Pension Office, when the office is so liberal and ready to do the gentleman has stated than in the case of an officer who volunteers justice to the soldiers of the country. for the general defense of his country in time of war and is involun­ Mr. WEAVER, of Iowa. Mr. Chairman, as a compromise amend- tarily marched up to the cannon's mouth and dies for his country upon ment, I would suggest the insertion of $25 a month. · his country's soil. Therefore, while I doubt very seriously the policy The CHAIRMAN. Does the gentleman from Tennessee withdraw of granting pensions before action has been taken by the Pension Bu­ his amendment? reau, yet, in view of some of the facts stated by the gentleman from Mr. McMILLIN. I will let the gentlemanofferhisamendmentand Kansas, I am willing to allow action to be taken here on the case; but take a vote upon it. I think it should not be placed upon any higher ground or at any higher The CHAIRMAN. But it can not be offered now unless the gentle­ mte than in the case of the widow of a meritorious officer of the same man withdraws his amendment, as there are two pending. rank who had... been killed in battle. Mr. McMILLIN. Then I withdraw the amendment for the present. 1\Ir. ROWELL. Is there not some difference between the case of au The question being taken on the amendment of Mr. WEAVER~ of officer who volunteers in a forlorn hopeoc.nd one who obeys the ordinary Iowa, it was agreed to. orders? Is there not some difference in those two cases in favor of the The bill as amended was laid aside to be reported to the Honse with officer who volunteers to lead a forlorn hope? the recommendation that it do pass. Mr. McMILLIN. My mind is not acute enough to see how the widow of an offieer whose husband died gallantly as he did suffers JOHN H. STUCKER. any more than the widow of an officer whose husband was shot down The next business on the Private Calendar (called up by Mr. DocK­ in battle. If there is any difference at all it is in favor of the one ERY) was the bill (H. R. 7748) granting a pension to John H. Stucker. whose husband was killed in battle. There the husband could not get The bill as follows : away from his duty. I will not eharacterize it in strong terms; but Beilenacted, &c., Thn.t the Secretary ofthe Interior be, and he is hereby, author­ the other is the case of volunteering for a duty which could have been ized and directed to place on the pension-roll, subject to the provisions and limitations of the pension Jaws, the name of John H. Stucker, late of Company avoided. B, Eighteenth Regiment Missolli'i Volunteers ( Grundy County Battalion Mis­ Mr. WEAVER, of Iowa. I will say to the gentlcm.'l.n from Illinois souri 1\lilitia. ). that army life was full of forlorn-hope expeditions. I remember a great many cases where forlorn hopes came to the rescue and where The report (by Mr. MoRRILL) is as follows: The evidence submitted in this case shows that claimant enlisted in Company men lost their lives, but I do not remember those cases were di'3- B, Eighteenth Missouri State Militia, in September, 1862, and was discharged tinguished by granting extra or exceptional pensions. April23, 1864. On July 19, 18i5, he filed application for p ension, alleging gun­ Mr. ROWELL. I recognize the fact that army life was a constant shot wound ofleft hand, received at Alph , Mo., while disarming a. rebel bush­ whacker. The claim was rejected, November 18, 1875, on the ground that he forlorn hope, but I also recognize the further fact that sometimes a call was not pensionable under existing law. The following evidence was sub­ is made for volunteers to engage in more than ordinarily dangerous mitted in the case : 452 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

William Dunlop, lieutenant of Company B, Thirtieth Missouri Militia, testi­ so. His income for the last four years has not exceeded SlOO each year, and fies that he has known claimant since 1861, and that while in the line of duty as from his profession only."· sergeant of said compR.ny, in the northeast part of Livingston County, Missouri, The only properly of claimant and her husband, as appears by the evidence, claimant received a gunshot wound of lefi hand, from which wound he was to­ is 80 acres of school land in Pawnee County Kansas, appraised at S208, on which ta.Uy disabled from military duty, and from the use of said hand ever since. $30 of the purchase-money bas been paid, the balance running for twenty years. Affiant says he knows the facts of which he testifies from personal knowledge. The case is rejected in the Pension Office on the ground that the income of the Jonathan T. Wilson testifies that he was a member of the same company, and father at the time of the death of the soldier was sufficient for the support of the that, while acting under regular orders in disarming rebels, they attempted to family. It is well established that a short time before his death the mother disarm one Wilson, an acknowledged rebel and bushwhacker, when said Wilson needed and received pecuniary assistance from the soldier, and that soon after fired upon and f;hot said Stucker in the hand, tearing it all to pieces. That af­ the husband's incomewasinsufficient for their support. fiant was the first to pick up said Stucker afier his being shot. Your committee recommend the passage of the bill. Newton Buckner testifies that he was with claimant when he was shot; that · they were detailed to disarm rebels and bushwhackers and while in the line of The bill was laid aside to be reported to the House with the recom­ duty Stucker was shot in the hand, badly mangling 1t.1 Affiant took care of mendation that it do pass. claimant until he was able to be around t~.gain. GRACE F. EDES. Dr. 8. W. Elmore testifies that he treated him professionally for the wound immediately after he received it, r.nd as long as he needed medical attend­ The next business on the Private Calendar (called up by Mr. RAN­ ance. DALL) was the bill (S. 2144) granting an increase of pension to Grace The examining surgeon at Jameson, Mo., reports August 12.1875, that- " The left. hand is useless from gunshot wound; aperture of entrance at mid­ F. Edes. dle of second metacarpus, destroying that and third metacarpus; shot scatter­ The bill is as follows: ing and making exit at different points on outside of hand, several shot-s re­ Be it enacted, &c., That the Secretary of the Interior is hereby directed to place maining encapsuled on palm or surface of hand; hand very much deformed; on the pension-roll the name of Grace F. Edes, widow of Benjamin Long Edes, bones of carpus enlarged, and wrist anchylosed; fingers drawn tight to palm, late a lieutenant-commander in the United States Navy, and to \)aY her a pen­ and useless; very painful at wrist and elbow joint." sion at the rate of $50 per month from and after the passage of thlS act. This regiment was enrolled and mustered into service under a general order of the commanding officer, Department of Missouri, and was under the com­ Mr. RANDALL. I ask for the rea-ding of the House report accom­ mand of United States Army officers. Claimant did not file his application for pension until after the expiration of the limitation provided for in section 4693, panying this bill. Revised Statutes, and therefore the claim can not be allowed in the Pension Of­ The report (by Mr. LOVERING) is as follows: fice. The Committee on Invalid Pensions; to whom was re.ferred the bill S. 2144, Claims of this character have invariably been recommended by the committee respectfully report that they have had the same under cons~deration, andre­ and allowed by Congress, and your committee therefore recommend the pas­ port it back to the House with an adverse recommendation, and recommend sage of the bill. · t.bat it do lie upon the table. . The bill was laid aside to be reported to the House with the recom­ Mr. RANDALL. I now ask to have rea.d the Senate report whet·e mendation tha.t it do pass. this bill originated. SALLY W. RICE. The Senate report (by M~. ALDRICH) was read, as follows: The next business on the Private Calendar called up by Ur. PETERS That Benjamin Long Edes was appointed a midshipman in the United States was the bill (H. R. 8791) granting a pension to Sally W. Rice. Navy September 23,1861, promot-ed to ensign in March, 1868, to master in Au­ gust, 1868, to lieut-enant in April, 1869, and to lieutenant-commander in April, The bill is a.c; follows: 1881. . Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, au­ During the period of his service he was for a large portion of the time at sea; thorized and directed to place on the pension-roll, subject to the provisions and be also served at the Naval Observatory, in the Hydrographic Office, and in the limitations of the pension laws, the name of Sally W. Rice, dependent mother Ordnance Department. In 1881 he was ordered to the torpedo station at New­ of Henry S. Rice, late of Company K, One hundred and forty-first New York In­ port, R.I., and while in service at that station he was killed by the premature ex­ fantry Volunteers. plosion of a torpedo on 29th of August, 1881. He was at the time in a boat with Lieut. L. G. Spalding, engaged in laying a mine in the stretch of water in !ron fl The report (by !tfr. :MoRRILL) is as follows: of the torpedo station, when, by some unknown cause, the mine, consisting of Claimant is the mother of HenryS. Rice, late hospital steward, United States some 25 pounds of powder, was prematurely exploded, killing Lieutenant Edes Army, who died at Newberne,N. C., September 25,186-1. She made application instantly, and mutilating his body in a horrible manner. fQr pension December 15,1879, and the same was rejected. The records of the His widow was left with two small children dependent upon her for support. War Department show the death of the soldier as alleged, and the only question She was completely prostrated by the manner and suddenness of her husband's is that of dependence. death, and for along time was wholly incapacitated from the physical exertion Dr. D. W. Hand, late medical director, surgeon United States Volunteers, tes­ necessary to maintain herself and family, and she has never recovered from the tifies that- "hock to her nervous system. " In 1863 and 186-i the soldier was detailed a~ his confidential clerk, and so con­ In view of these circumstances the committee recommend the passage of the tinued uutil his death by yellow fever in October, 186-i. That the soldier often accompanying bill. talked about the feeble condition of his parents, and to affiant's certain knowl­ edge d nring said two years the soldier forwarded his pay regularly to his mother, :Mr. RANDALL. Mr. Chairman, in the consideration of this bill I and after his death o.ffi.a.nt visited the claimant and saw that the so!dier's con­ do not want the adverse report of the House committee to weigh tributions had been of great importance to her." A large number of letters from the soldier to his parents show that he remit­ against it without making a statement that the committee have acted t-ed his pay to them with regularity, as received in varying amounts up to 1f6~ consistently and as has been their habit in such cases, which is not to at one time. · report fuvorably any of these bills which look to the increase of pen­ The husband of claimant was a physician at the time the soldier wn.s ·in the ~S i on in Army, and continued in the practice for a number of years, but all the time he above what the law allows, with the exception, I think, the case was in feeble health and unable to give his attention to business, so that his in­ of the widows of brigadier-generals, where the House itselfhas estab­ come from his business ran down from $700 in 1864 to about $100 per year. lished the precedent. S. W. Everett, of Garfield, Kans., says he has known claimant for thirty years last past; that he was a man of light constitution and feeble health, and of late This case is a peculiar one. There are two strong point-8 in connec­ years has been unable to do any manual labor sufficient to maintain his family tion with it. One isthat this officer was assigned to a hazardous duty in comfortable circumstances. in connection with torpedo experiments without attaching to his name Gabriel L. Smith testifies, June 18, 188-'3: "He has known Dr. Rice, the husband of Sally W. Rice, since before 1860, and in the event of his death during the e:xperiment-8 that glory which is that in 1830 and 1861 Henry Rice was a student in the law office of deponent, and incident to death on the battlefield. His death was the result of no also in 1862, up to the.time he went into the Army. It may be he came in my fault of his own, or of any one as far as it has been possible to ascertain. office in 1861, but I think in 1860. Said Dr. Rice, the husband and father, was a man in poor health and lived in the city of Elmira, Chemung County, New York, As stated in the Senate report, the explosion was by some unknown during the war and up to about 1870, according to my best recollection, but he did cause. We are prosecuting experiments in this direction and are ap­ not succeed as a physician at all, owing to his poor health, as he would not attend propriating large sums to keep up the experiments, which are most dan­ a patient regularly, and would not go out in the night at all, as I knew from him and from common report. In 1870, I think it was, Dr. Rice went away out of gerous in connection with this torpedo service. town for a few months, but returned the same year and tried to practice in a The second point to which I wish to allude is the fact that this poor little village a few miles out of Elmira, called Pine City, but did not succeed any lady was left with two small children absolutely dependent upon her better there, and then, about 1875, he went into Pennsylvania for a few months, and then came back to Elmira and did no better than before, having no real own exertions, and the sum which the law would give her is altogether paying business, and being always in ~ant I remember of hearing of his real inadequate to her support and that of her children. estate being sold out on a mortgage, and his personal properly being sold on a I think this is a peculiar case of which the Senate was entire1y jus­ chattel mortgage, and in 1878 or 1879 he left the city of Elmira, since wb ich time I hn.ve uot known how be has got along. I do not believe• for. the last twenty :fied in making an exception, and I hope that the consistent course of years he has been able to support his family, and I know, so far as one can the committee in the Honse in this connection, in like cases, will not know who was not a member of the family, that he has failed to furnish a weigh against this, because we all understand there are exceptions to reasonable and proper support for his wife and family by reason of his poor health. This I say previous to his leaving Elmira in 1878 or 1879." all rules. The Honse has taken the responsibility of granting many D. W. and Lydia A. Seeley, of Granger, Minn., testify,June 22,1885~ pensions where the committee would not. I do not know that there "We were intimately acquainted with the soldier, Henry S. Rice, in his life­ is on the part of the committee any disposition to resist the passage of time~.-..and also with his mother, Sally W. Rice, and lived near neighbors to the said .tdce family in the year 1863, and lived as near neighbors to them from that this bill except so far as the leading object with them is to maintain time up to the time of his enlistment in the service aforesaid; that the said son their consistency, in which eourse I· think they are commendable and resided with his mother at home, at Elm ira, N. Y ., and we know that at the date entirely entitled to my respect and sympathy. of his enlistment, and for three years prior thereto, he contributed all his earn­ ings to the support of his said parents in contributing his wages that he ob· Mr. · WEAVER, of Iowa. What is the amount granted? tained for days·work; that the said Henry S. Rice was a single man when he M:r. RANDALL. Twenty dollars additional. enlisted in the service; that be died unmarried, leaving no widow or child or Ur. :McMILLIN. And how much do the children get under the children surviving him." S. W. Everett further testifies, .T uly 9, 1881: general law? "I formerly knew them in Elmira Chemung County, New York; then S. W. Mr. RANDALL. The widow under the general law gets $30 and Rice (claimant) kept a private boarding house for the purposes of the family, the children $2 a month each. and since she has been here (Garfield, Kans.) she bas workedformein thehotel by the week for the benefit of the family. She was sick last summer, and the Mr. McMILLIN. This is a case which appeals to one's sympathy, friends deemed it necessary to render them pecuniary aid, and continued to do and I do not expect by anything I can say to defeat the claim. 1887. CONGRESSIONAL RECORD-HOUSE. 453

Mr. CUTCHEON. What is the to~'l.l amount granted by the bill? 1\IARY E. HEDRICK. Mr. RANDALL. Fifty dollars. l\Ir. HEPBURN. :Mr. Chairman, I call up the bill (H. R. 8623) grant­ Mr. Mc~llLLIN. But this, like the other cases, should stand under ing a pension to Mary E. Hedrick. the general law. I do not believe it is either wise or well t{) flood Con­ The bill was read, as follows: gress with cases of special applications where the very widows who do Be it enaded, &e., That the Secretary of the Interior be, and is hereby, author­ not get more than the law allows have to help to pay the additional ized and directed to place on the pension-roll, subject to the provisions and amounts given here. limitations of the pension laws, the name of 1\la.ry E . Hedrick, widow of Thomas H. Hedrick, late captain of Company K , Fifteenth Iowa Volunteers. Mr. RANDALL. I hope the gentleman from Tennessee will not insist on his objection. The report (by Mr. CoNGER) was read, as follows: Mr. Mc~ULLIN. I shall not make the point of a quorum upon the 1\Irs. l\Iary E. Hedrick is the widow of Thomas H. Hedrick, late captain of bill, bnt I wish to state what I think is the proper thing to be stated Company K, Fifteenth Regiment Iowa Volunteel"8, who enlisted on the 29th day of November, 1861; was wounded in battle at Atlanta, Ga., July 22, 1864, and to be obser.v.ed;-and having done so, I dislike to make. any further and died April18, 18&'>. She filed her application for pension on the 19th day exertion against the bill. of August,1885, which was rejected on the ground" that death was not a. result of Mr. RANDALL. I only want to add that this officer was one of the wound of right arm, for which soldier was a pensioner, and not otherwise chargeable to his United States military service." ablest officers in the Navy, and he was assigned to this duty as having Dr. E. L. Latlu:op, the physician who attended Captain Hedrick in his last the courage to go and. develop this peculiarly dangerous service. illness, testifies: Ur. McMILLIN. It is creditable to the valor of our people that "That he knew the soldier for about thirteen years; that while in the Army soldier was shot in arm, which wom1d was followed by gangrene; that he pre­ they have the courage to go wherever they are assigned-- scribed for soldier first in 1872 for an inactive condition of liver and chronic A MEMBER. .Even..to Congress. cough ; found him emaciated, thin, and nervous at various times from 1872 to Mr. ·McMILLIN. • Yes; even to Congress. [Laughter.] But then, time of death; for those troubles and acute attacks was with him three to four days before death; found acute congJstion of lungs, kidneys, and liver-liver we first ·admit officers of high rank by special act of Congress, and then almost inactive; regard his condition at that time and death as attributable to we go on and on, until Congress is flooded with applications for Con­ his wound and resultant disease following said wound. He was very emaciated gressional action on behalf of officers of particular rank. I believe most at time of death; consider his death as caused by his physical condition, which was caused by wound received while in the Army. No post mortem was made. of the time spent here in discriminating against one class of pensioners Physical examination showed enlargement of liver and hepatizatlon of lower in favor of another by special act might as well be spent in another posterior lobe of lungs. Did not know soldier prior to 1872. 'Vhen prescribing direction. · for him had to take into consideration his diminished vitality, caused by his wound followed by gangrene and blood poisoning." Mr.· RANDALL. Will the gentleman permit me to say to him that Dr. Jason Holloway, examining surgeon, gives as the result of medical exam­ he will be surprised if he examines the pension payments to find how natioti,May 15,1865: little money really is paid out of the Treasury in consequence of these "The wound is on the right arm. The ball entered the humerus above the middle third, shattering the bone. Abou.t 3 inches of the bone was removed; acts of special legislation passed on Friday evenings as compared with the parts became gangrenous, and extensive sloughing followed. It still con­ the large amount paid under the general law. tinues discharging and fragments of bone passing oft:.'' Mr. McMILLIN. · I have had occasion to examine that, and what Also Dr. l\1. J. Davis, medical examiner,l\fay 8, 1865, that- "Gunshot wound of right arm, followed by exsection of the middle third (3 I am complaining of is not the amount of money but the fact that when inches) ; operation not very successful and had to be repeated in a year, at which you enter on this class of legislation you put a premium on the bring­ time numerous spicula. of bone were removed." ing of special acts before Congress for relief; and you leave the hundreds Hon, G. L. Finn, of Bedford, Iowa, testifies as follows: "That he has been well and persmially acquainted with Thomas H. Hedrick of thousands who do not get special reliefwith just cause of complaint. for ten years, and that the last two years of his life he was a law partner and 1\Ir. RANDALL. Yes; but by such legislation as this you encourage worked in same-office at Bedford, Iowa, constantly with him; knew that his brave officers to undertake hazardous service for their country when wound interfered with him constantly, causing him great pain, and forcing him to at times abandon his work, and believe it contributed directly to the they feel that in doing so they have a Government which will appre­ causes of his death, and so understood from him and the doctors in charge dur­ ciate their services if their lives are lost in that service, and which in ing his last sickness; that before his final sickness he was by it reduced to so low that event will take care of their widows and their orpharu. condition of flesh and health, such as to make any severe ailment fatal; that it was understood that had it not been for such condition so induced by such Mr. McMILLIN. · And there has been no inBtance in which the wound, his last illness would in all probability not been fatal; that he had been Government of the United States has failed to evince that spirit. The steadily growing worse for the years affiant knew him." gentleman from Pennsylvania would not be rash enough to urge that General J. M. Hedrick, of Ottumwa, Iowa, on June 5, 1886, makes the follow- ing affidavit: . there has been any want o( consideration on the part of the people of •·In the matter of the application of Mary E. Hedrick, widow of the late Capt. the United States toward their soldiers. Thomas H. Hedrick, for an invalid pension, I, J. 1\I. Hedrick, of Ottumwa, Mr. RANDALL. ·· No, sir; and _I want to continue. a policy which Wapello County, Iowa, and late colonel and brevet brigadier-general of the Fifteenth Iowa. Volunteer Infant.ry, have to make the following statement, to presents-one of the brightest 8pots in the history· of this nation. wit: Mr. McMILLIN• . Precisely; and when that policy is continued in "The said Capt. Thomas H. Hedrick entered the United States service as a pri­ equal and exact justice to all cla.sses of the same rank and grade, then vate inK company of the aforesaid regiment, which I then.commanded, in 1!l61, and that he was promoted through the various grades to the captaincy of his it will oontinue in·the ·same form· as heretofore. company, and at the close of the war was brevetted major for gallant and mer­ Mr. BRADY. ~ I wish to suggest to the gentleman from Tennessee itorious service; that he was in command of his company at the battle of At­ [Mr. McMILLIN] that this bill does not appropriate any money out of lanta, before Atlanta., Ga., on the 22d day of July, 1864; and that he was under my immediate observation, and while he was most gallantly performing his duty the Treasury. It provides a pension for a widow of an officer of the was severely wounded in the right arm near the shoulder, which required the Navy, and there is a special fund for that purpose. operation of exsection, taking out 3 or 4 inches of the bone ; that having been Mr. McMILLIN. Still, it comes out of the Treasury. The fund to wounded a.t the sa.me time myself, I was with him in the rear and in hospitals some two months, and most of the time in close proximity to him; that at Clay which the gentleman ref~TI:~ is not sufficient to meet all these pensions. Hospital, Louisville, Ky., especially, ·he was critically attacked with gangrene · Mr. BRADY. - The interest of the fund is almost sufficient to pay in his arm and shoulder, and that his surgeon, whose name I have forgotten, them. informed me and him that he could not possibly live; th~ he had gangrene in his wound for months, and that he was more or less a.ffii.cted with gangrene and 1\Ir. RANDALL. But the gentleman from Virginia [Mr. BRADY] its results, to wit, blood poison, from the date of his wound; that he was fre­ will understand, as I understand, that that fund is not adequate, and quently treated for his wound and the general disability resulting from it up to I do not want the House to pass this bill on the assumption that it the day of his death, in April last, and that~ in my opinion, his death was as di­ rectly attributable to his wound as if he baa been instantly killed on the battle­ is. The bill does; in effect, take some moneyoutofthe Treasury. The field. · His yellow, cadaverous, and exceedingly thin and emaciated appearance interest on the Navy fund iS not sufficient to pay all of the Navy pen- wus constantly a matter of remark by his relatives and friends, after his partial sions. · . recovery and return to business, who had. been familiar wit-h his rugged ap­ pearance prior to his being wounded. The said Captain Hedrick was my The CHAIRMAN. · In the absence of objection the bill will be laid brother, and I had the most intimate relations with him, and the very best of aside to be reported to the House with a favorable recommendation. opportunities to know of his services and his condition from and before re­ Mr. JOHNSTON, ·of Indiana. I object. ceiving the wound which disabled him and resulted in his death. I may add tbat he had originally remarkable tenaeity of life, and was perfectly free from The CHAIRMAN. - Wliat is the motion of the gentleman from In­ all hereditary and constitutional diseases, which condition he inherited from diana? the paternal and maternal sides of his family. . Mr. JOHNSTON, of Indiana.. I am willing the bill shall go to the " I furthermore certify that I am in no way financially interested in the pros­ ecution of this claim." Honse to be voted on in a full House. The:;:e are several other affidavits on file in the case of same character, show­ Mr. RANDALL. The bill will, of course, have to be voted on in ing distressing disability caused by the wounds, and a. constant and continual the House. drain upon his system from discharge until death. It seems to your committee a reasonable conclusion that so severe a wound, two painful and unsuccessful The CHAIRMAN. What motion does the gentleman from Penn­ surgical operations, with gangrene and blood poisoning following, would have sylvania submit? resulted in such a diseased and debilitated condition of the system as to be un­ Mr. RANDALL. I move that the bill be laid ·aside to be reported able to withstand or rnlly from attacks of disease which under other conditions favorably to the House. would probably have been neither serious or fatal. Captain Hedrick gave his right arm and his health to his count•ry. His widow The question being taken on l\!r. RANDALL's motion, the chairman was then deprived of the support and comforts which his health and strength stated that the "ayes" seeined to have it. would have furnished her. She is the widow of a brave and efficient soldier; and while there may be sufficient uncertainty iu the cause of her husband's Mr. JOHNSTON, of Indiana. I call for a division. death to warrant a refusal of pension by the Pension Office, yet there is not The committee divided; and there were-ayes.32, noes 6. enough to justify a refusal of relief by Congress. Therefore your committee So (further count not being called for) the motion was agreed to; and recommend that the bill do pass. the bill was laid aside to be reported to the House with the recom- The bill was laid aside to be reported to the House with the recom· mendation that it do pass. . · mendation that it do pass. · 454 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

ELIZABETH WARD. -The Committee on Invalid Pensions recommended an amendment . Mr. ELLSBERRY. Mr. Chairman, I call up the bill (S. 258'7) grant­ striking out, from line 7 in the printed bill, the words "one hundred,'' ing a pension to Elizabeth Wa.rd. and inserting in lieu thereof the word "fifty;" so as to make the pro­ 'The bill was read, as follows: vision read, "a pension at the rate of $50 per month." The amendment was agreed Be it enacted,~-. Tha the Secretary of the Interior be, and he is hereby, au­ to. thorized and directed to place on the pension-roll, subject to the provisions and The bill as amended was laid aside to be reported to the House with limitations of the pension law, the name of Eltzabeth Ward, the dependent the recommendation that it do pass. widow of Geneml Durbin Ward, and to pay her a pension at the rate of $100 per month. BETSEY COO:NEY. Mr. SOWDEN. I ask for the reading of the report. Mr. HAYNES. Mr. Chairman, I call up the bill (H. R. 9426) grant­ The report (by Mr. ELLSBEB.RY) was read, as follows: ing a pension to Betsey Cooney. The Committee on Invalid Pensions, to whom was referred the bill (S. 2587) The bill was read, as follows: granting a pension to Elizabeth Ward, widow of the late General Durbin Ward, Be it ena~, ~c., That the Secretary ofthe Interior be, and is hereby, author­ having consideTed the same, make the following report : ized and directed to place on the pension-roll at $12 per month, subject to the The Senate at the ftrst session of this Congress passed the accompanying bill provisions and limitations of the pension laws, the name of Betsey Cooney, granting the claimant a pension of $100 per month, after a careful examination sister of Stephen Cooney, late ot Oompa.ny 0, Third Regiment New Hampshire of the Senate report hereunto attached, in which his distinguished and brilliant Volunteers. services are fully set forth. Your committee concur in the Senate report and adopt the same a.s their own, with the following amendment: Strik.e out the The report (by 1\tr. liAYNES') was read, as follows: words "one hundred," in the seventh line, and insert in lieu thereof the word The Committee on Invalid Pensions, to whom was referred the bill (H. R. 9426) "ll!ty," with the recommendation that the billa.s so amended do pass. granting a pension to Betsey Cooney, submit the following report: The Committee on Pensions, to whom wa.s referred the bill (S. 2587) granting This claim is based upon the service of Stephen CooneyJ. who was muRtered a pension to Elizabeth Ward, have examined the same, and report: into the United Sta.tesse~vice in August, 186l,in Company u, Third New Hamp­ The applicant is the widow of Durbin Ward, late colonel of the Seventeenth shire Volunteers, and died of wounds received at the battle of Drewry's Bluff, Regiruent Ohio Volunteers, honorably discharged on account of wounds Novem­ Va., in 1864, and is buried in the national cemetery at Hampton, Va. ber 8, 1864, and pensioned at S30 peT month, recently deceased, one ot=the most dis­ Cooney wa.s but twenty-one years old when killed, and left a mot.her and two tinguished volunteer officers of the late war, and one of the favorite soldiers of siste1·s. The mother was pensioned at his death, and died about a year ago. the State of Ohio in that great struggle. ms death has elicited the warmest The two sisters are sh"llliving. One, the beneficiary named in this act, has been Spontaneous tributes to his patriotism and gallantry from the soldiers, not only blind from birth, and her only support is from the labor of the other sister, who of that State, but throughout the Union. Mrs. Ward is left in poor health, en~ is herself partially crippled, and only able to do a light work known as "draw­ feebled by approaching age, and without any means of supJ>Ort. ing in" at a cotton mill, which can be performed sitting. It is only a. question This appears to be a case where a proper :recognition of the daring and devo­ of time how long she can perform this, as it requires good eyesight, and both tion of one of the great soldiers of the RepublicJ who in his lifetime failed to re­ are not far from flft.y years old. ceive full acknowledgment and proper rewara, d.emands of the country a.s a It is shown that up to the time of his death he contributed materially to the small tribute to his sacrifices and his worth a full provision for the comfort and support of his mother and his unfortunate sisters. BUpport of his surviving and helpl~ widow. Your committee are not pre­ '.fhese facts are stated under oath by John C. Linehan and Henry F. Brown, pared to recommend the high rate of pension provided for in this bill except in who are known by a member of thiS committee to be gentlemen of the very a very few and most conspicuous instances of high desert. To give less than highest reputation and veracity. Both have known the family since a period this amount in the present case wm, we are satisfied, be deemed unsatisfactory before the war, a.nd both served in the same regiment as the soldler. to that strong public sentiment which has been manifested in this case. The This blind, dependent sister can have no standing before the Pension Office Grand Army of the Republic, and it may be said the whole State of Ohio, de­ under the rules by which its action is circumscribed, but the equities of the case mand it, and we believe that the whole counh-Jt will cheerfully respond to the are so overwhelming in her favor, and her condition so pitiful, that we have no action of the committee. hesitatiqn in recommending the passage of the bill for her relie. f. We append hereto the memorial signed by leading citizens of the State of Ohio, many of them soldiers; also a sketch of his military e&reer and statement The bill was laid aside to be reported to the Honse with the recom­ submitted by Mr. CAMPBELL, member of Congress of Ohio, who is familiar with mendation that it do pass. all the circumstances and condition of the claimant1 as well as with the serv­ ices and character of her distinguished husband. OWEN P. WILSON. 'Ve report ba.ck the bill and recommend its pusage. Mr. HALSELL. Mr. Chairman, I call up the bill (H. R. G069) grant­ LEBANON, Omo, May 26, 1886. ing a pension to Owen P. Wilson.· To the Congre88 of the tlnitecl Slates : The bill was read, as follows: The undemgned, this day attending the funeral of General Durbin Ward, in Be it e-nacted, &e., That the Secretary of the Interior be, and is hereby, author­ view of his distinguished services a.s a soldier, permanently disabled on the field ized and directed to place the name of Owen P. Wilson, of Edmundson County, of battle, and of the fact that he leaves no estate for the support of his family, Kentucky, dependent father of James R. Wilson, deceased, la.~ a private iri would most earnestly pray for the speedy passage of a law giving to his widow, Company I, Twenty-seventh Regiment Kentucky Volunteers, on the pension­ Mrs. Elizabeth A. Ward, a pension of at least$100 per month. Shehasnoprop­ roll, subject to the provisions and limitations of the pension laws. erty other than the house m which she lives, and this is heavily incumbered. And we especially request the Senators and Representatives from Ohio to urge The report (by Mr. TAULBEE) was read, as follows: the pl\588oge of such a. law. Claimant states that he was dependent on his I!JOrt, the soldier, at the time of A. G. Thurman, Columbus; Geo. W. Houk, Dayton; De Witt C. Jones, Col­ his death. umbus; John A.McMahon,Dayton; Robt. A. Johnston, Cincinnati; F. The records of the War Department show that soldier died of typhoid fever Van Dervee~ , Hamilton; John L. Wilson. Morrow; L.A. Russell, Cleve­ while in the Army. ] and; D. A. Haynes, Dayton; David A.Houk,Dayton; Lewis Dwyer, The claim wa.s rejected on the ground that claimant was not dependent upon Dayton; R. R. Dickey, Dayton; H. Elliott·, Dayton; Joseph Cox, Cincin­ soldier at the time of his death. nati; Thos. McDougall, Cincinnati; 1\lichael Ryan; Lewis W. Irwin, Mr. J. T. Coats testl1ies that at the time of soldier's enlistment claimant was Cincinnati; A . J. S. Rice, Cincinnati; s. Craighead, Dayton; C. A. Pal­ not in good health, and bad no property except a. farm. which affiant sold him, mer, Washington Court-House; J. Kierstett, Cincinnati: A. R. VanCleef, which was poor land, and claimant was not able to improve it by clearing more. Oircleville; Edward F. Noyes, Cincinnati ; Charles Ford, Mainville ; A. :r.Ir. Richard Holton conftrms the above statement. . S.Dudley,Morrow; W.S.Fostcr, Fost-er's; Ed. A. Parrott, Dayton; P. Dr. Hatcher certifies that he was wen acquainted with claimant ten years H. Kumler, Cincinnati; R. B. Milliken, Hamilton; J. K. Aydelotte, Ham­ prior to 1870, and knows that he was not able to supJ>Ort himself and family for ilton; W. H. Page, Batavia; H. 0. Gray, Hamilton; W.H.Van Skiek, several years. Dayton; Quincy Corwin,Dayton; Samuel F. Hunt, Cincinnati; Walter S. Dilatuth, Lebanon ; Harry Wilson Lebanon; W. R. Morrill; Benj. H. m~~~fs~~~:.::U~t!.~~ackleford state that claimant was not an able-bodied Stokes; Horl,kceOlinton~ Loveland; :rno. H:Ha.rper,Loveland; Werner :r.Ir. Gideon McDaniel states that in 1851, 1862, and 1863 claimant was able to Opes, Morrow; W. D. Wilson, Morrow; LotliS F. Coleman, Lebanon; W. do about one-half labor. S.Marsha.U,Da.yton; W. S. Decha.ud, Lebanon; I.N. Walker, Lebanon; Assessor's record show that clailiUiont was the owner of 400 or 530 acres of Chas. F. Coleman, Lebanon; S. W. Keener, Lebanon; Albert Stubbs, Leb­ land, assessed at from $400 to Sl,Whitelaw Reid, in "Ohio labor your committee are. of the opinion that the claim is meritoriou.s, and in the War," thus writes of him: recommend that the bill do pass. "He participated in the battles of Wild Cat, Mill Sprjngs Corlntb, Perryville, Stone River, Hoover's Gap, Tullahoma, Chickamauga, and throughout the At­ The bill was laid aside to 'be reported to the House with the rec­ lanta campaign, dnring which. he commanded his regiment with his left arm in ommendation that it do pass. a. sling, from the effect of the very severe wound he received at the battle of Chickamauga. Throughout his military career he was a bold, zealous, fighting ISAAC RANSOM. officer, having the full confidence of his men.'' Mr. FUNSTON. I call up the bill (S. 2334) granting a pension to General Ward was also a man conspicuous for his eloquent speeches and in­ spiring letters. The same authority above quoted says of him: "Some of the Isaac Ransom. most fervid and effective addresses from the Army to the voters at home came The bill was read, as follows: from his pen." Be it enacted, ~c., That the Secretary of the Interior be, and he is hereby, au­ With his sword and pen General Ward has served his country too notoriously thorized and directed to place on the pension-roll, subject to the provisions and to render a. recital necessary. During his life, which terminated in May, 1886, limitations of the pension Jaws, the name of Isaac Ransom, late a private in he received a pension for his severe wounds. His death occurred after a few Company C, Forty-ninth Regiment Indiana Volunteer Infantry, for such dis· weeks' sickness with inflammatory rheumatism resulting in blood-poisoning. eases as now exist. There is no doubt that his death wa.s hastened and probably caused by his wounds, but it is not thought that the chain of medical history can be made The report (by Mr. MoRRILL) wns read, as follows: necessary to comply with the technical rules of the Pension Office. The Committ~e on Invalid Pensions, to whom wa.s referred the. l>ill (S. 2334) This bill proposes to pension his widow, who is in advanced years and reduced granting a pension to Isaac Ransom, submit the following report: circumstances. The passage of the bill is petitioned for by the leading citizens The following report from the Senate Committee on Pensions contains as!ate­ of Ohio, headed by Allen G. Thurm ~n , and is especially desired by the Ohio ment of the facts in this case as disclosed by the papers on ftle: department of the Grand Army of the Republic. "That the records in this case show that claimant was a private in Company 1887. CONGRESSIONAL RECORD-HOUSE. 455

C, Forty-ninth Regiment Indiana Volunteers, and enlisted October 15,1861, and No application has been made at the Pension Office, inasmuch as the claimant was discharged September13, 1865. It also appears that claimant was pensioned has been advised that as her husband was not formally commissioned or en­ for rheumatism. from September 14, 1865, to December 31, 1880, when the pen­ listed in the military service of the United States, notwithstanding his disease sion was discontinued on the ground that claimant had recovered from the dis­ was contracted while in active service, such application would be futile, as her ease. It was claimed originally that soldier was sunstruck four times while in case does not come within the purview of any general law. the service, but the claim was not allowed, and he was pensioned for rheuma­ Your committee, however, are of opinion that this case does come wit.hin tho tism. spirit of the pension laws, and is one of just that class which it is the provinre "The records show that claimant was a sound man prior to enlistment; that of Congress to provide for by special act. There would seem to be no doubt he was a good soldier. The fact of his having been sunstruck is testified to by that this brave officer lost his life in the service of his country, and we therefore his captain, John N afius, by the assistant surgeon of the regiment, and also by report back the bill, and recommend that it do pass with the following amend­ Capt.. John M. 'Villiams; also by the regimental surgeon, who treated him for ments: other diseases besides rheumatism contracted in the line of his duty. Strike out all after the word "Sees," in the sixth 1ine, to and including the "There is also abundant testimony from the claimant's neighbors, who knew word" three," in the eleventh line; also strike out all after the word "volun- him before enlistment and after his discharge, showing that he was a sound teers," in the twelfth and t.hirteenth lines. · man when he enlisted; and since his return from the Army he has been un­ fitted by his disabilities from performing manual labor." The bill was laid aside to be reported to the House with the recom­ Your committee recommend the passage of the bill with an amendment strik­ mendation that it do pass. ing out the words "for such diseases as now exist," in line 5. LIVINGSTON CLARK. The Committee on Invalid Pensions recommend an amendment M:r. SAWYER. Mr. Chairman, I call up the bill (H. R. 7547) grant­ striking out from line 5 of the printed bill the words "for such diseases ing a pension to Livingston Clark. as now exist.'' The bill was read, as follows: The amendment was agreed to. Re it enacted, &c., That the Secretary of the Interior be, and he is hereby, di­ The bill as amended was laid aside to be reported to the House with rected to place on the pension-roll of the United States, subject to the provisions the recommendation that it do pass. · and limitations of the pension laws, the name of Livingston Clark, late of Com· pany G, Twenty-first New York Cavalry. 1 SARAII 0 BRmN. The report (by Mr. SAWYER) is as follows: Mr. PIND.A.R, I call up the bill (H. R. 9130) granting a pension to That it appears from the papers on file in the Pension Office that the claimant Sarah O'Brien. enlisted as a private in Company I, Thirteenth Regiment New York Volunteers, The bill was read, as follows: December 5, 1861, for two years. It is cle:uly established by the evidence that the claimant at the time of his enlistment was in sound health and mentally Be it enacted, &o., That the Secretary of the Interior be, and he is hereby, au­ bright. · thorized and directed to place on the pension-roll the name of Sarah O'Brien, The report of the Surgeon-General shows as follows: widow of Hugh 0' Brien,late a private in' Company C, One hundred and seven- · "Livingston Clark appears on a list of sick and wounded on board hospital tieth New York Infantry Volunteers, subject to the provisions and limitations transport Elm City, July 1, 1862; diagnosis and disposition not stated. That of the pension laws. Livingston Clark entered G. H. McKim's mansion, Baltimore, Md.,July1,1862; diagnosis not stated, and was tmnsferred July 6, 1862. He entered post hospi­ The bill was laid aside to be reported to the House with the recom­ tal, Fort McHenry, near Baltimore, Md., July 8, 1862, with bronchitis; disposi­ mendation that it do pass. tion not stated. He entered convalescent hospital, Fort McHenry, near Balti­ more, Md., July 10, 1862; diagnosis not stated, and was discharged from service CAROLINE P. BOLTON. .August 9,1862. No hospital records of the Thirteenth New York Volunteers 1tfr. LY!tfAN. Mr. Chairman, I call up the bill (H. R. 9004) for the were ever on file." His certificate of discharge shows him discharged August 9, 1862, for phthisis relief of Caroline P. Bolton. pulmonalia. · · The bill was read, as follows: Dr. David Little testifies that he was surgeon of the Thirteenth New York Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, Volunteers during its two years' service; that he knew the claimant. authorized and directed to place on the pension-roll of the United States the "That claimant was ill in regimental hospital from May 24 until the latter name of Caroline P. Bolt-on, mother of Edwin W. Bolton, deceased, late a mem­ part of June, when in the course of the seven days' fight he was left at Savage ber of Company I of the Twenty-first Regiment Iowa Volunteer Infantry, sub­ Station. The disease for which claimant was under deponent's care was diar· ject to the provisions, limitations, and restrictions of the pension laws. rhea, probably of a severe nature, else he would not have been an inmate of the regimental hospital." The bill was laid aside to be reported to the House with the recom­ The evidence shows that here-enlisted in Company G, Twenty-first Regiment · New York .cavalry, December 23, 1863, and W88 discharged July 7, 1866; that mendation that it do -pass. tJle regimental records and company books are not on file. CAROLINE SEES. The condition of claimant while in his first service, and the fact of his sick­ ness, is fully shown by the Surgeon-General's report, and also by the testimony Mr. SOWDEN. I call up the bill (S. 1207) granting a pension to of witnesses. ·caroline Sees. As to claimant's condition during his last service there is but little evidence. There is the testimony of several witnesses, whose character is fully indorsed, The bill was read, as follows: showing him at his first enlistment to be a strong, healthy, bright man; that Be it enacted &o., That the Secretary of the Interior be, and he is hereby, au­ since his discharge from the service he has been in feeble health, gradually fail­ thorized and fuected to place on the pension-roll the name of Caroline Sees, ing both mentally and physically~!In til now, and since December,1883, he has of Harrisburg, Pa., widow of Maj. Oliver W. Sees, at the rate now allowed to a been in a state of idiocy, and totauyincapacitated from performing any labor widow of a major of volunteers. or business, and has oeen an inmate of the poor-house of the county where he resides-a public charge. That it further appears that during nearly, if not Mr. COWLES. I ask for the reading of the report. quite, the whole time his claim was being prosecuted at the Pension Office, he The report (by Mr. SWOPE) wa.':l read, as follows: was in such a condition mentally as to be of very little, if any, assistance in procuring evidence in his behalf. He has a wife and one child, with no means As the report of the Senate Committee on Pensions fully sets forth all the for their support except their own manual labor. facts of the case, your committee adopt it as their own, and report the bill His claim for pension was filed in l\lay,1883, and was finally rejected for want favorably, and ask that it do pass. of sufficient proof. . The report of the Senate committee is hereto attached. It seems reasonable to suppose that his claim might have been successful it The claimant, Caroline Sees, is the widow of Oliver Sees, late a chief of trans­ the claimant had been in such a condition mentally as to have aided in procur­ portation and telegraphy on the staff of Maj. Gen. D. 1\I. Couch, commanding ing the necessary evidence. the Department of the Susquehanna during the invasion of Pennsylvania by the Confederate army in the month of June, A. D. 1863. The committee believe in view of the extre:ne poverty of the claimant, and The widow states in her petition that she was married to the soldier Septem­ his long-continued mental imbecility, and his being a.,.public pauper, and the ber 28, 1857; that her husband was appointed chief of transportation and tele­ fact of his service to his country as a faithful soldier, t!iat his case is a merito­ graph department in the militia of the State of Pennsylvania by an order of the rious one, and therefore recommend that the bill do pass, with the following governor; that he continued in the discharge of the duties of said office until amendment added thereto: "The amount of his said pension to be paid to his the invasion of the State of Pennsylvania by the Confederate armies in June, duly appointed committee or trustee for his benefit." 1863, when, the United States having assumed the payment of the expenses of The Committee on Invalid Pensions recommended an amendment, the transport·ation of the militia, he was placed temporarily in their service, and assigned to a position npon the staff of Major-General Couch, commanding adding to the bill, after the word "cavalry," the words "the amount the Depru:tment of the Susquehanna. He was also one of the trusted custo­ of his said pension to be paid to his duly appointed committee or trus­ dians of the secret signals and ciphers used in the military service of the United tee for his benefit." States. These facts also appear by the documents submitted in support of this claim. The amendment was agreed to. It also appears that after thus being virtually taken into the service of the The bill as amended was laid aside to be reported to the House with Goyernment, and while in the discharge of the duties devolving npon him. on the recommendation that it do pass. the staff of General Couch, as well as on the battlefield of Gettysburg, he con­ tracted disease from which he died on September 30, 1863. ELIZABETH :M. KING. l\I. ~. Quay, ex-secretary of state of Pennsylvania, and now State treasurer, states under oath that he was well acquainted with Major Sees; that he was 1\fr. CAMPBELL, of Ohio. Mr. Chairman, I call up the bill (H. R. employed in the service of the United States at the time of the invasion of Penn­ 9443) granting a pension to Elizabeth M. King. sylvania. by the Confederate a.rmy under General Lee, and that the extraordi­ The bill was read, as follows: nary labors and duties during the period he served upon the staff of General Couch, and subsequently in the care of the sick and wounded soldiers at Be it enacted, &:c., That the Secretary of the Interior be, :and he is hereby, au­ and after the battle of Gettysburg, produced the illness and disease of which thorized and directed to place on the pension-roll, subject to the provisions and he died. limitations of the pension laws, the name of Elizabeth M. King, mother of Dud­ Eli Slifer, who was secretary of the Commonwealth during the whole period ley King, late a lieutenant of Company C, Eighty-ninth Regiment Ohio Volun­ of the war, corroborates the above, and says: teers, during the war for the suppression of the rebellion. "That the pressure upon Major Sees was so great and long continued that health and streJ?-gth gave way and nature proved too much exhausted to rally, and Mr. SOWDEN. I ask that the report in that case be read. There­ speedy diSsolution followed. As Lhe husband and father in the duties under port (by Mr. ELLSBERRY) was read, as follows: which he succumbed rendered far greater services to his country than he pos­ The claimant is the mother of Dudley King, who enlisted at the age of eighteen sibly could have done in the field, and his death was as clearly occasioned by years in Company C, Eighty-ninth Regiment Ohio Volunteers, July 25,1862, those services as if he had fallen in battle, the petitioner would respectfully was promoted to second lieutenant of Company K, same regiment, March 6, suggest that the widow and children of I\Iajor Sees are entitled to the liberal 1864, and to first lieutenant of Company F, of sa.id regiment, March 30, 1864. He compensation which the humane and just policy of the Government awards to was wounded in battle, near Atlanta, Ga. August 13, 1864, and died same day the dependent survivors of its fallen defenders." from the effects of said wound, leaving neither1 wife nor child surviving him. The papers show that Major Sees was treated during his last illness but the The mother's claim was rejected by the Pension Office on the ground that the physicians are now dead. ' evidence failed to show dependence upon the soldier son at date of his death. 456 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

The father of the soldier and husband of the claimant was n.t time of the son's 20,1862. He was appointed brigadier-general United States Volunteers Febru­ death about sixty-five yea1·s of age, and died in 1879. The records of the county ary 3, 1862, and commanded a brigade in the Army pf the Potomac f1·om Feb­ in which he resided show that in the year of the son's death his property, real ruary 21 to July 24, 1862; absent, sick, to .August, 1862; commanded the district and personal, was assessed at $2,500. of Saint Louis, Mo., to November 13,1862; the .Army of Southeast Missouri to Dr. A.M. Rllsberry testifies that during the late war and up to 1879 be was the February 23,1863; the district of Saint Louis, Io., to June 6,1863; the cavalry family physician of the claimant; that in 1864 claimant's husband was consider­ division, .Army of .Arkansas, to February, 1864, and the cavalry depot at Saint ably enfeebled from age and nervous prostration, of which he died in the month Louis, Mo., to June,l864; was chief of cavalry, military division of the West Mis­ of April, 1879. - sissippi, to January,1865; commanded the district of Natchez, 1\iiss., to June13, There are with the p::~.pcrs on file in the Pension Office in this case seyeral 1865; the sub-district of Southwest Mississippi to July 17, 1865,and the southern letterR written by the soldier to his parents while in the Army, all referring to district of Mississippi to January 17,1866, excepting while on leave from October contributions made to them out of his pay, and showing that as high as $100 nt 28 to December 16, 1865. He was honorably mustered out of the volunteer serv­ a time were sent home by him for the usc and benefit of claimant and her ice January 15,1866. He was breveted lieutenant-colonel United States Army husband. June Z7, 1862, "for gallant and meritorious services at the battle of Gaines's Mill, Old age and accompanying debility gradually reduced the value of claim­ Va;" colonel June 28, 1862, "for gallant and meritorious services at the battle ant's husband's estate, so that after his death there was not sufficient property of Golding's Farm, Va;" brigadier-general March 13, 1865, "for gallant and left to pay the claimant one year's support. She is now eighty-five years of age, meritorious services at the capture of Little Rock, .Ark.;" major-general March and dependent upon the charity of friends. . · l3, 1865, "for gallant and meritorious services in the field during the war," and Your committee are of opinion that this is an extraordinarily strong case, and major-general United States volunteers March 13,1865, "for meritorious services as the Pension Office holds that because claimant's husband at the time of the during the war." son's death did earn something for her support by the practice of his profession, J. C. KELTON, that of a lawyer, she is not provided for by the general pension law, we are of Assistant Adjutant-General. opinion that the relief asked for should be granted, and therefore report fayor­ ably on the bill, and ask that it do pass. Additional statement by Clara B. Davidson, the widow of the deceased General John 'V. Davidson, who is the applicant for the 'increase of pension under The bill was laid aside to be reported to the House with the recom­ this bill. mendation that it do pass. John W. Davidson graduated at the Military .Academy in 1845. He served in the Mexican war as a second lieutenant, and also. served faithfully and honor­ SARAH C. WRIGHT. ably all during the war of the rebellion. Mr. ZACH. TAYLOR. I desire to call up the bill (S. 1614) granting The non-commissioned officers and privates of the Third Iowa. Cavalry pre­ sented him with a magnificent sword, costing $2,000, for his gallantry and bravery a pension to Sarah C. Wright. · in the capture of Little Rock. That sword is now in my possession. He never The bill was read, as follows: wore it but once, and that was on the occasion of the obsequies in commem­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ oration of President Lincoln, at Natchez, Miss., 1865. thorized and directed to place on the pension-roll, subject to the provisions and .At the commencement of the war he was captain of the First Dragoons, and limitations of the pension laws, the name of Sarah C. Wright, widow of John when General Sidney Johnst.on said: "Davidson,you must come with us; you be­ ,V. Wright, late of Company D, Seventy-seventh Regiment enrolled militia. of long with us in our army, and we will make you a general," t.o wWch General Missouri, and who wa.s pensioned by special act of Congress approved January Davidson, though a. Virginian by birth, family ties, and education, replied:" Ob, no, general, I'll stand by the flag that I promised to protect." .And this he said, 31, 18815. although his brother Hunter Davidson, and his uncle Thomas Hunter, each of Mr. COWLES. Let us hear the report. the Navy, had joined the Southern Confederacy, and he did his duty as a good and honorable soldier. · The report (by Mr. MORRILL) was read, as follows: His grandfather Davidson, from South Carolina, served in the Revolutionary The facts in this case are fully set forth in the following Senate report. Con­ war, and was a general officer. He was killed in an action against General gress bas invariably granted pensions in similar cases. Tarleton. His father, William Benjamin Davidson, was a. graduate of West Your Committee recommend the passage of the bill. Point, and served in the regular army as captain of .the Third Artillery, under "John W. Wright, the husband of Sarah C. Wright, was a member of Com­ Ueneral Harney, during the Indian wars of Florida. pany D, Seventy-seventh Enrolled Missouri Militia.. In his original application "In the .Army of the Potomac, under General McClellan, Geriera.l John M. for a. pension he claimed that he was shot through the left breast and left arm Davidson had a sunstroke in a. battle in July, 1862, that shattered his system so during the charge of the First Missouri Cavalry by mistake. The Pension Of­ severely that he never ·recovered entirely from the effects of it. He wa.s on fice rejected his application on the ground that he was not in the military serv­ duty at Fort Custer-at the time he received injuries that caused his death, and ice of the United States, and not entitled t.o a pension under existing law. In­ that was in this wise: On the 7th of February,1881, an officer had reported that asmuch as he was enrolled t.o aid the Union Army, and was nearly killed by the beef was fed on refuse forage from the st3bles, and he went, accompanied bullets fired by those who ware in the service of the United States, he was pen­ by Lieutenant Hoppin, the commissary, down to inspect the forage, and it being sioned by a. special act. Having recently died, his widow appeals t.o Congress. an intensely cold day, the horses were very restless, and the one upon which The requisite proof of the death of her husband and of their marriage is in the General Davidson was riding gave a sudden spring and turned a somersault, hands of the committee. It is also shown that be died, after years of suffering, precipitating him over an embankment 20 feet deep, which was covered with of the wounds received in the manner described. snow. The saddle struck him in the side and stomach, breaking two of his "The bill is reported favorably, with a recommendation that it pass." ribs, which the doctors say caused cancer of the stomach, from the effects of which he died on June 26, 1881. . The bill was laid aside to be reported to the House with the recom­ "Having raised and educated a. large family before his death, he lefl; no money for my support., and I am compelled to rely entirely upon my pension for my mendation that it do pass. support during the remainder of my life." · • ROBERT POTTS. Your committee, after a consideration of all the facts in this case, and in view SWOPE. I ask consideration of the bill (H. R. granting of the many precedents for this increase, report back the bill and recommend Mr. 9119) the passage of the bill. a pension to Robert Potts. This is a. bill which was introduced by the late member from New York, :Mr. BEACH. The bill was laid aside to be reported to the House with the recom­ The bill was read, as follows: mendation that it do pass. Be it enacted &c., That the Secretary of the Interi01· be, and he is hereby, au­ BENJAMIN OBEKIAII. thorized and directed to place on the pension-roll, subject to the provisions and Mr. HIRES. I ask for the consideration of the bill (S. 2173) grant­ limitations of the pension laws, the name of Robert Potts, formerly a member of Company F, Third New Jersey Volunteers, for rheumatism and resulting ing a pension to Benjamin Obekiah. disease of heart. The bill was read, as follows: Mr. SOWDEN. Let us hear the report. Be it enol­ from August 6,1881. The present bill proposes to increase this amount to $50. unteers, and pay her a pension at the rate of$30,Permonth, in lieu ofthe pension The following statement of the military services of this officer has been filed now received by her. · with the committee: WAR DEPARTMENT, AnJUTANT-GENERA.L'S OFFICE, Mr. COWLES. I ask for the reading of the report in this case. Washington, Apra 26, 1886. The report was read in part, when St

Mr. CUTCHEON. Mr. Chairman, a very few words will suffice to ORRIN P. COOLEY. explain this bill, which has passed the Senate and been favorably re­ Mr. ROWELL. I call up for present consideration the bill (:3. 1844) ported upon by the Committee on Invalid Pensions of this House. granting a.pension to Orrin P. Cooley. Mrs. Elvira Biiss Sheldon is the widow of Lieut. Joel S. Sheldon, of The bill was read, as follows: the Sixth :Michigan Cavalry, who lost his life in consequence of his Be it enacted &c., That the Secretary of the Interior be, and is hereby, au­ services in the army. She served herself for more than two years as thorized and directed to place on the pension-roll the name of Orrin P. Cooley. an army nurse in the hospitals of this city, and also in the field. late of Company C, Forty-second lllinois Volunteers, at $25 per month, from While serving in the field at City Point, during the siege of Peters­ and after the passage of this act. . burg, she was stricken down with that malignant disease, camp fever, The amendment of the Committee on Invalid Pensions was read, as which was succeeded by chronic diarrhea; from which she has suffered follows: up to the present time. She is now, and has been ever since the war, a Strike out "at $25 per month, from and after the p;ssage of this act," and in· chronic invalid. She has no dependence in the world, except "her little sert in lieu thereof "subject to the provisions and limitations of the pension pension of $17 a month, which this bill proposes to increase to $30. laws." I am somewhat acquainted with Mrs. Sheldon. She has resided in The amendment of the committee was _agreed to, and the bill, as this city, attempting to eke out a subsistence by type-writing and amended, was laid aside, to be reported to the House with the recom­ things of that sort; but her health has so completely failed that she mendation that it do pass. ' has now absolutely no dependence but her small pension. So far as I CLARA M. TANNEHILL. am aware, she has no friend or relative in the world to whom she can look for support. This bill proposes to give her a pension of $30 a :M:r. CONGER. I call up for present consideration the bill (H. R. month, being an increase of 13 upon what she is now reeeiving. I 9672) granting a pension to Clara M. Tannehill. hope there will not be a single vote against the bill. The bill was read, as follows: There being no objection, the bill was laid aside to be reported to Be it enacted, &c., That the.Secretary of the Interior be, and he is hereby, au­ thorized and directed t-o place on the pension-roll, subject to the provisions and the House with the recommendation that it do pass .. limitations of the pension laws, the name of Clara M. Tannehill, blind daughter of Martin V. Tannehill, late of Company D, Thirty-fourth Regiment Iowa Vol­ l\IARY GRIMES. unteer!', and pay her a pension of $12 per month from and after the passage of Mr. BROWN, of Pennsylvania. I call np the bill (H. R. 9247) this a ct. granting a pension to .Mary Grimes. There was no objection, and the bill was laid aside to be reported to The bill was read, as follows: the House with the recommendation that it do pass. Be it enacted, &c., That the Secretary of the.Interior be, and be is hereby, au­ MICHAEL TODD. thorized and directed to place on the pension-roll of the United States the name of Mary Grimes, the mother of William Grimes, late a private in Company K, Mr. LEHLBACH. I call up for present consideration the bill (H. R. Twelfth Regiment New York Volunteers, subject to the provisions and limita­ tions of the pension laws. 7335) granting a pension to Michael Todd. The bill was read, as follows: The bill was laid aside to be reported to the House with the recom­ Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ mendation that it do pass. thorized and directed to place on the pension-roll, subject to the provisions and LOtJISE Al\IBRECHT. limitations of the pension laws, the name of Micha-el Todd, father of James H. Todd, deceased, late of Company K, Sixty-ninth Pennsylvania Volunteers. Mr. BRADY. I call up the bill (S. 1201) granting a pension to There was no objection, and the bill was laid aside to be reported to Louise Ambrecht. the House with the recommendation that it do pass. The bill was read, as follows: Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ ANTJION EITA.PENCE. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the :pension laws, the name of Louise Ambrecht, the widow of Mr. FARQUHAR. I call up for present consideration the bill (S. .A~gustus L . .Ambrecht, late a surgeon in the .Army of the Ullited States. 2330) for the relief of Anthon Eitapence. :Mr. BRADY. There is evidently a mistake in the draughting of The bill was read, as follows: this bill. I move to amend by striking out, in the last line, the word Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, au­ 11 thorized and directed to place on the pension-roll, subject to the provisions and surgeon," and inserting "sergeant." limitations of the pension laws, the name of Anthon Eitapence, of Utica./ N.Y., The amendment was adopted. father of Adam Eitapence,late of Company H of the One hundred ana forty­ .The bill as amended was laid aside to be reported to the House with sixth Regiment New York Volunteers. the recommendation that it do pass. There was no objection, and the bill was laid aside to be reported to the House with the recommendation that it do pass. FREDERICK RICHMOND. Mr. ELLSBERRY. I call up for present consideration the bill (H. WIJ,LIAM HUTCHISON. R. 9444) granting a pension to Frederick Richmond. Mr. WHITE, of Pennsylvania. I call up for present ~nsideration The bill was read, as follows: the bill (H. R. 4852) granting a pension to William Hutchison. Be it enacted, &c., That the Secretary of the Interior be, and he is.hereby, au­ The bill was read, as follows: thorized and directed to place on the pension-roll, subject to the provisions a-nd Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, di­ limitations of the pension laws, the name of Frederick Richmond, late a private rected to place on the pension-roll, subject.to the provisions and limitations of in Company B, Thirty-sixth Regiment Ohio Volunteers, now insane, payment the pension laws, the name of William Hutchison, and pay him a ·pensionfrom of pensiOn to be made to his legally constituted guardian. and after the passage of this act. There was no objection, and the bill was laid aside to be reported The amendment of the Committee on InYalid Pensions was read, as to the House with the recommendation that it do pass. follows:

~TIS . ABBIE B. HEATH. Insert after the word "Hutcllison" the words "late a private in Company H, First Regiment Tennessee Volunteers, in the Me.xican war." Mr. PERKINS. I call u.p for present consideration the bill (S.l997) The amendment of the committee was agreed to, and the bill as ·granting a pension to Mrs. Abbie B. Heath. amended was laid aside to be reported to the House with the recom­ The bill was read, as follows: mendation that it do pass. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ thorized and directed to place on the pension-roll, subject to the provisions and 1\IRS. MARGARET CASHIN. Jimitations of the pension laws, the name of Abbie B. Heath, widow of John T. Heath, late of Company B, Twenty-fourth Regiment of Indiana. Volunteers. Mr. LITTLE. I call up for present consideration the bill (H. R, There was no objection, and the bill was laid aside to be reported 5398) granting a pension to Mrs. Margaret Cashin. to the House with the recommendation that it do pass. The bill was read, as follows: Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ PIDLA CLARK. thorized and directed to place on the pension-roll, subject to the provisions and limitations of the· pension laws, the name of l\Iargaret Cashin, widow of Patrick Mr. WEBER. I call up for present consideration the bill (H. R. Cashin, late of Company D, Forty-fourth Ohio Volunteers, and Company M, 8847) for the relief of Phila Clark. Eighth Ohio Volunteers. - The bill was read, as follows: There was no objection, and the bill was laid. aside to be reported to Be it enacted, &c., That the Secretary of the Interior be, and be is hereby, au­ the House with the recommendation that it do pass. thorized to place on the pension-roll, subject to the provisions and lhnitations of the pension laws, the name of Phila. Clark, dependent mother of Olin Clark, ISAAC ASKIE. late ofC:>mpany C, Eighth New York Heavy .Artillery Volunteers. Mr. O'HARA. I call up for present consideration the bill (H. R. The amendment of the Committee on Invalid Pensions was read, as 8485) granting a pension to Isaac Askie. follows: The bill was read, as follows: After the word "authorized" insert "and directed;" so it will read," author- Be it enacted, &c., That the Secretary of the Interim· be, and he is hereby, au- ized and directed to place on the pension-roll, subject to the provisions and lim- thorized and directed to place on the pension-roll the name of Isaac .Askie, late itations of the pension laws," &c. ' a private in Company C, Thirty-seventh United States Colored Troops, subject The amendment of the committee was agreed to; and the bill, as to the provisions and limitations of the pension laws. amended, was laid aside to be reported to the House with the recom-1 There was no objection, and the bill was laid aside t.o be reported to mendation tha~ it do pass. the House with the recommendation that it do pass. 458 CONGRESSIONAL RECORD-HOUSE. JANUARY 7,

NIRIUS CISSELL. A bill(S. 2029)grantrng-anincrea.se ofpension toElviraBlissSheldon; Mr. WHITE, of Minnesota. I call up for present consideration the .A. bill (S. 1997) ~a.nting a pension to Mrs. Abbie B. Heath; and bill (H. R. 9026) granting a pension to Nidus Cissell. • A bill (S. 2330) for the relief of Anthon Eitapence. The bill was read, as follows: Mr. SWOPE moved to reconsider the several votes Just taken; and Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, au­ also moved that the motion· to reconsider be laid on the table. thorized and directed to place on the pension-roll, subject to the provisions and The latter motion was agreed to. limitations of the pension laws~_~e name of Nirius Cissell, late of Company J,, Fifth Regiment Missouri Ca.va.liy. WILLIA.l\.[ B. BARNES. There was no objection, and the bill was laid aside to be reported to 1\Ir. WE.A. VER, of Iowa. Mr. Speaker, I have not been recognized the House with the recommendation that it do pass. to-night, and now ask the indulgence of the House to submit a request El\IILY LUTHER. for unanimous consent to discharge the Committee of the Whole Honse Mr. LONG. I call up for presentconsideration the bill tH. R. 8632) from the further consideration of the bill (H. R. 9250) for the relief of for the relief of Emily Luther. Williain. B. Barnes, and put it upon its passage. The ·bill was read, as follows: The SPEAKER pro tempore. The bill will be read, subject to objec­ Be i t enacted &c., That the Secretary ofthe Interior be, and he is hereby, au­ tion. thorized and directed to place on the pension-roll, subject to the provisions and The bill was read, as follows: limitations of the pension laws, the name of Emily Luther, widow of Herbert Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, M. Luther, late of the Eighteenth Massachusetts Volunteers. authorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of William B. Barnes, dependent The amendment of the _Committee on Invalid Pensions was read, as father of Louis W. Barnes, late of Company I, Sixteenth Regiment of Infantry follows: Iowa Volunteers. Strike out, in the sixth line of the bill, the words " of the " and sub­ There being no objection, the bill was ordered to be engrossed for a stitute therefor the words "sergeant Company G." third reading; and being engrossed, it was read the third time, and The amendment of the committe& was agreed to; and the bill as passed. amended was laid aside to be reported to the House with the recom­ Mr. WE.A. VER; of Iowa, moved to reconsider the vote by which the mendation that it do pass. bill was passed; and also moved thab the motion to reconsider be laid Ur. SWOPE. I move that the committe-e rise and report the bills on the table. to the House. The latter motion was agreed to. The motion was agreed to. The committee accordingly rose; and the Speaker pro ternpore having ORDER OF BUSINESS. resumed the chair, !tfr. TOWNSHEND reported that the Committe of the Mr. SWOPE. I move that the Honse do now adjourn. Whole House had had the Private Calendar under consideration and l'!Ir. SOWDEN. I move that when the Honse adjourns to-day it be had directed him to report back to the Honse sundry bills with various to meet at 3 o'clock on Monday next. recommendations. Mr. TOWNSHEND. That would not be in order, as it is a change BILLS PASSED. of the rule. Bills of the following titles, reported from the Committee of the Whole Mr. LONG. Regular order. without amendments, were severally considered, and ordered to be en­ :Mr. SOWDEN. I move, then, to make it 12 o'clock on Monday next. grossed for a third reading; and being engrossed, were read the third The SPEAKER pro tempore. Pending the motion to adjourn the time, and passed: gentleman from Pennsylvania [Mr. SOWDEN] moves that when the A bill (H. R. 8424) granting a pension to James H. Young; House adjourns it be to meet on Monday next. A bill (H. R. 8670) granting a pension to Linnrens W. Risley; The motion was not agreed to. .A. bill (H. R. 6026) granting a pension to John Selby; A bill (H. R. 7748) granting a pension to John H. Stucker; The motion of Mr. SwoPE was agreed to; and accordingly (at 9o'clock A bill (H. R 8791} granting a pension to Sally W. Rice; and 53 minutes p. m.) the House adjourned. . A bill (H. R. 8623) granting a pension to Mary E. Hedrick; A bill (H. R. 9426) granting a pension to Betsey Cooney; A bill (H. R. 6069) granting a pension to Owen P. Wilson; PETITIONS, ETC. A bill (H. R. 9130) granting a pension to Sarah O'Brien; The following petitions and papers were laid on the Clerk's desk, A bill (H. R. 9004) for the relief of Caroline P. Bolton; under the rule, and referred as follows: A bill (H. R. 9443} granting a pension to Elizabeth M. King; By J':lfr. J. J. ADAMS: Petition of Kasimir Seiler, late of Company A bill (H. R. 9119) granting a pension to Robert Potts; D, Sevent.h New York Veteran Volunteers, and Company .A., Eighty­ A bill (H. R. 7390) granting a pension to David B. Caldwell; eighth New York Volunteers, for a special act to remove the charge of A bill (H. • R. 9247) granting a pension to Mary Grimes; desertion from his military record-to the Committee on Military Af­ A bill (H. R. 9444) granting a pension to Frederick Richmond; fairs. A bill (H. R. 9672) granting a pension to Clara M:. Tannehill; By M:r.-BA.RBOUR: Petition of the subcommittee of the committee A bill (H. R. 7335) granting a. pension to Michael Todd; of 100 citizens of Washington, D. C., that the bill (S. 2982) may not be­ A bill (H. R. 5398l granting a pension to Mrs. Margaret Cashin; come a law-to the Committee on the District of Columbia. A bill (H. R. 8485 granting a pension to Isaac Askie; and By Mr. BARKSDALE: Petition of Evan Cook, administrator of John A bill (H. R. 9026 granting a pension to Nivins Cissell. S. Cook, deceased, of Hinds County, Mississippi, asking reference of Bills of the following titles, reported with amendments, were con­ claim to the Court of Claims-to the Committee on War Claims. sidered, the amendments agreed to, and the bills as amended ordered By Mr. BLOUNT: Petition of W. T. Hollingsworth, of Bibb County, to be engrossed for a third reading, read the third time, and passed: Georgia, asking reference of his case to the Court of Claims-to the same A bill (H. R. 3167) to restore the name of Lifurs Roberson to the pen­ committee. sion-roll; By Mr. TI:}lADY: Petition of Mrs. Adaline T. Blick, of Ream's Sta­ A bill (H. R. 7716) granting a pension to Lizzie Brown; tion, Va., praying for an allowance of her claim-to the same commit­ A bill (H. R. 8869) granting a pension to Mrs. Henrietta M. Drum tee. Hunt; Also, papers relating to the claims of Alfred .Anderson, of Amelia A bill (H. R. 7547) granting a pension to Livingston Clark; County; of Benjamin Schenck, of Asa Tucker, and of Benjamin K. A hill (H. R. 8847) far the relief of Phila Clark; · White-t.() the same committee. A bill (H. R. 4852) granting a pension to Willia~Hutchison; and By Mr. DINGLEY: llemorial of marine insurance companies of Bos­ A bill (H. R. 8632) for the relief of Emily Luther; ton, for the passage of bill to place sailing vessels in the coastwise trade Senate bills of the following titles, reported with amendments, were on the same basis as to pilotage as steam vessels in such trade-to the severally considered, the amendments agreed to, and the bills as Select Committee on .American Ship-building and Ship-owning Inter­ amended read the third time, and passed: ests. A bill (S. 1481) granting an increase of pension to Col. Charles E. By Mr. HALL: Papers relating to the bill for the relief of B. F. Capehart; Moody & Co.-to the Committee on Claims. A bill (S. 2587) granting a pension to Elizabeth Ward; By Mr. HENLEY: Petition and papers relating to the claim of John A bill (S. 2334) granting a pension to Isaac Ransom; Nelson; of Thibodeaux, La.-to the Committee on 'Yar Claims. A bill (S. 1844) gmnting a pension to Orrin P. Cooley; and By Mr. KELLEY: Petition of certain citizens of Philadelphia, Pa., .A. bill (S. 1201) granting a. pension to Louise .A.mbrecht. praying for the repeal of internal taxes-to the Committee on Ways Senate billsofthe following titles, reported withoutamendment, were and J':llea!ls. severally considered, ordered to be read the third time, and passed: By Mr. LAIRD: Petition of citizens of Boone County, of Merrick A bill (S. 2144) granting an increase of pension to Gr:ice F. Edes; County, of Douglas County, of .Madison County, of Brown County, of A bill (S. 1207) granting a pension to Caroline Sees; Knox County, of Johnson County, of·Harlan County, and of Lancas­ A bill (S. 1614) granting a pension to Sarah C. Wright; ter County, Nebraska, urging the passage of the Hatch experiment A bill (S. 2321) granting an increase of pension toClaraB. Davidson; bill-to the Committee on Agriculture. A bill (S. 2173) grantingapension toBenjaminObekiah; By Mr. LIBBEY: Papers relating to the claims of J. B. BrickhollSe, 1887. CONGRESSIONAL RECORD-HOUSE. 459 of Norfolk, Va.; and of Noah K. Eagle, of York County, Virginia­ Mr. THOMPSON moved to reconsider the vote by which the Senate to the Committee on War Claims. amendment was concurred in; and also moved that the motion to recon­ By Mr. LOVERING: Petition of the Massachusetts Fish and Game sider be laid on the table. Association, favoring the passage of the bill (S. 2436) to amend the act The latter motion was agreed to. setting apart land near the headwaters of the Yellowstone River as a SEN ATE BILLS REFERRED. public park-to the Committee on the Public Lands. By Mr. MILLIKEN: Petition for a. pension for Fernando G. Pratt­ The SPEAKER also laid before the House bills of the Senate of the to the Committee on Invalid Pensions. following titles; which were read twice and referred as indicated: By Mr. MURPHY: Resolutions of the Iowa Horticultural Society in The bill (S. 309) to settle and adjust the claims of any State for ex­ favor of agricultural e:x:periment-stations-to the Committee on Agri­ penses incurred by it in defense of the United States-to the Commit­ culture. tee on War Claims. By Mr. OSBORNE: Petition of Mrs. Emily Dailey, to accompany The bill (S. 474) for the relief of George W. Saulpn.w-to the Com­ the bill (H. R. 7866) granting a pension to Emily Dailey-to the Com­ mittee on War Claims. mittee on Invalid Pensions. The bill (S. 1359) for the relief of the heirs of Erskine S. Allin-to By Mr. PEEL: Petition of John McCracken, praying that his war the Committee on Claims. claim be referred to the Court of Claims-to the Committee on War The bill (S. 1651) authorizing the Secretary of the Treasury to make Claims. final adjustment of the claims of certain foreign steamship companies, By :Mr. STAHLNECKER: _Petition of the United American Clay arising from the illegal exaction of tonnage dues-to the Committee on Tobacco Pipe Manufacturers' Association, asking that the tariff on Claims. manufactured clay pipes be changed~to the Committee on Ways and LEAVE OF ABSENCE. Means. By unanimous consent, leave of absence was granted as follows: By ~!r. TOWNSHEND: Petition of citizens of Illinois, praying tbat a To Mr. REAGAN, indefinitely. pension be granted to John ,V. Gott-to the Committee on Invalid To Mr. GALLINGER, for one week, on account of sickness. Pensions. To Mr. LYl\IAN, indefinitely, on account of death in his family. By Mr. WHEELER: Petition of S. II. Bruff and V. A. Bruff, asking To l\lr. CANDLER, indefinitely, on accountofsickness in his family. that their claims be referred to the Court of Claims-to the Commit­ tee on War Claims. JACOB COPES. The SPEAKER. The gentleman from Kansas (Mr. PERKINS] asks to have the bill (H. R. 3406) granting a pension to Jacob Copes, which was reported adversely yesterday by the Committee on Pensions, placed HOUSE OF REPRESENTATIVES. upon the Calendar. The gentleman has the right to have that done, SATURDAY, January 8, 1887. and it will be so ordered. The House met at 12 o'clock~· Prayer by the Chaplain, Rev. W. H. CHANGE OF REFERENCE. MILBURN, D. D. The SPEAKER. ~memorial of the constitutional centennial com­ The Journal of yesterday's proceedings was read and approved. mission was referred to the Committee on the Library. The gentleman from Pennsylvania [Mr. O'NEILL] asks that it he referred to the Com­ E.MPLOYES IN STATE DEPARTMENT. mittee on the Judiciary. The Chair thinks that is the proper refer­ The SPEAKER laid before the House a letter from the Secretary of ence, and if there be no objection the memorial will be referred to the State, transmitting a list of the employes in that Department, stating Committee on the Judiciary. the time actually employed, and that they are usefully employed, and There was no objection. that their services can not be dispensed with; which was referred to the Committee on Expenditures in the State Department, and ordered 1\fOBILE AND OHIO RAILROAD COMPANY. - to be printed. The SPEAKER. Yesterday theHousepassed a joint resoluMon {H. Res. 72) to provide for the settlement of accounts with the Mobile and GEOLOGICAL SURVEY OF THE TERRITORIES. Ohio Railroad Company. This is a resolution which came over from the The SPEAKER also laid before the House a letter from the Secretary last session of Congress. It appears from the RECORD it was amended of the Treasury, tmnsmitting, with inclosures, estimates from the Sec­ by the Committee of the Whole House, but in the engrossment of the retary of the Interior of appropriations for the publication of volume joint resolution the amendment was omitted. The Chair thinks the 3, book 2, final report of the United States Geological Survey of the correction ought to be made before the joint resolution is transmitted Territories; which was referred to the Committee on Appropriations, to the Senate. pnd ordered to be printed. Mr. OATES. I was in charge of this joint resolution and offered the amendment myself. It was by an oversight that it was omitted from F.RENCH SPOLIATION CLAIMS. the engrossment. In fact I had forgotten about it or I would have The SPEAKER also laid before the House a letter from the Secretary called attention to it yesterday and would have asked that it should of the Treasury, transmitting an es.timate from the Attorney-General be passed upon and incorporated in the bill before the vote was taken. of an additional appropriation for continuing the investigation of French The amendment was adopted in the Committee of the Whole without spoliation claims; which was referred to the Committee on Appropria­ dissent. I ask unanimous consent that the correction be made. tions, and ordered to be printed. The SPEAKER. If there be no objection the joint resolution will be again engrossed and the amendment included. The RECORD shows 0. llf. LARRAWAY. that the amendment was offered by the gentleman from Alabama, in The SPEAKER also laid before the Honse a letter from the Post­ Committee of the Whole Hquse, and agreed to. master-General, with inclosures, recommending that the account of 0. There was no objection, and it was so ordered. M. Larrnway, postmaster at Minneapolis, Minn., be credited with amount of loss by burglary, and that an appropriation be made there­ ORDER OF BUSINESS. for; which was referred to the Committee on Claims. Mr. HERBERT. I call for the regular order. • Mr. SINGLETON. I ask the gentleman from Alabama to withhold IND~ DEPREDATION CLAIMa the call for the regular order for a moment, that I may call up for ac­ The SPEAKER also laid before the House a letter from the acting tion at this time the joint resolution (S. R. 90) appointing James B. Secretary of the Interior, transmitting, with a letter from the Commis­ Angell a member of the Board of Regents of the Smithsonian Institu­ sioner of Indian Affairs, a schedule of Indian depredation claims ex­ tion to fill a vacancy. amined prior to January 1, 1887, with the determination of the Depart­ Mr. HERBERT. I think we ought to have the regular order. ment thereon; which was referred to the Committee on Indian Affairs, Mr. SINGLETON. This will not take more than a. moment. and ordered to be printed. · Mr. HERBERT. I must insist on the regular order. 1 The SPEAKER. The regular order is the call of committees for JOHN M NAUGHTON. reports.· The SPEAKER also laid before the House the bill (H. R. 1877) for INDIAN TRAINING SCHOOL, OREGON. the relief of John McNaughton, with an amendment by the Senate. Mr. HAILEY, from t.he Committee on Indian Affairs, reported back Mr. THOl'lfPSON. I ask unanimous consent that the House pro­ with a favorable recommendation the bill (S. 2060) to authorize the ceed to the immediate consideration of the Senate amendment, and that purchase of a tract of land near Salem, Oreg., for the use of an Indian it be concurred in. training school; which was referred to the Committee of the Whole The amendment of the Senate was read, as follows: House on the state of the Union, and, with the accompanying report, In lines 4 and 5 strike out the words" due said John McNaughton for serv­ ordered to be printed. ices rendered the United States as second lieutenant" ~d insert "of a. first sergeant." PUBLIC BUILDING, BROOKLYN, N. Y. There being no objection, the amendment was considered and con­ Mr. WILKINS, from the Committee on - Public Buildings and curred in. Grounds, reported back with a favorable recommendation the bill (H.