1886. CONGRESSIONAL RECORD-SENATE. 239

pensa.tion the officer can not recover against the Government. That cisco, Cal., of Minneapolis, Minn., of Bridgeport, Conn., and of Bath, has been the uniform current of decisions. Therefore, it was sought in Me.; and of William H. Webb, a former ship·owner and builder; of the the last session to incorporate on the consular and diplomatic bill the Harlan & Hollingsworth Company, Wilmington, Del.; of Edward E. words "in full compensation," those words having been inserted by O'Brien, a large ship-owner, of Thomaston, Me.; of the Pacific Coast the Senate. And here the language indicates the exact sum to be paid, Ship-owners' Association; and of Carleton, Norwood& Co., ship-owners beyond which Congress does not intend payment to be made. So that and ship-builders, against the passage of the free-ship bill-to the Select it is possible on the authority of the decision of the Supreme Court Committee on American Ship-building and Ship-owning Interests. that in a. case like this recovery can be had of $800. By Mr. DUNN: Papers in the claim of John T. Jones, of Phillips Mr. SPRINGER. Mr. Chairman, my attention has been called to County, andofJames E. Wilman, of Elgin, Ark.-totheCommittee on the language of the amendment offered by the gentleman from Ken­ War Claims. tucky LMr. BRECKINRIDGE], which speaks of the "attorney of the By :Mr. ELY: Petition of Mary Dacey, to relieve Daniel Cahoone from United States." I would suggest that it be changed so as to read: the charge of desertion, and for other purposes-to the Committee on "The district attorney of the United States," that being the technical Naval.Affairs. • term. By Mr. GAY: Papers in the cla.im of James A. Nonien, of Madison :Mr. REED, of :1\faine. It would be more binding if yon got the Parish, Louisiana-to the Committee on War Claims. Attorney-General's approval. [Laughter.] By Mr. J. S. HENDERSON: Petition of Mrs. Mary Woody and 4 Mr. BRECKINRIDGE. I will accept the a.mendmentofthegentle­ other ladies of the Women's Christian Temperance Union of Greens­ man from Illinois [Mr. SPRINGER]. borough, N. C., earnestly requesting the passage of the Blair educa­ The CHAIRMAN. The Chair does not recognize the right of the tional bill-to the Committee on Education. gentleman to accept it. By Mr. HIRES: Petition of gold and silver beaters of the United The question was taken on the amendment of Mr. SPRINGER, and it States, for increase of duty on certain articles-to the Committee on wa-s rejected-ayes 57, noes 59. Ways and Means. The amendment as amended was then agreed to-ayes 88, noes 67. ~y Mr. McRAE: Papers in the claim of John R. Carter, of Clark The Clerk read as follows: County; of James D. Scott, of Clark County; and oflmogene Holloway, For other miscellaneous expenses authorized by the Attorney-General, in­ of Ashley County, Arkansas-to the Committee on War Claims. cluding the employment of janitors and watchmen in rooms or buildings rented for the use of courts, interpreters, experts, and stenographers; of furnishing and By Mr. MORGAN: Petition of Robert Cunningham and others, for collecting evidence where the United States is or may be a party in interest, and relief-to the same committee. moving of records, $214,400. By Mr. MORRISON: Memorial of the Illinois State board of agri­ Mr. RANDALL. I ask unanimous consent to modify the language of culture, for agricultural-experiment stations-to the Committee on that paragraph by striking out in line 1886 the words "other miscella­ Agriculture. neous expenses," and inserting "payment of such miscellaneous ex­ By Mr. MORROW: Petition of San Francisco Chamber of Commerce penses as may be." against the passage of the free·ship bill-to the Select Committee on The amendment was .agreed to. American Ship-building and Ship-owning Interests. The Clerk proceeded to read the pa.ragraph headed "public printing By Mr. PIRCE: Petition of John G. Clarke and others, of Rhode and binding.'' Island, for the passage of the Hatch experimental-station bill-to the Mr. WEAVER, of Iowa. Mr. Chairman, I suggest to the gentleman Committee on Agriculture. from Pennsylvania that it is getting late- By Mr. J. H. ROGERS: Papers in the claim of Noah H. Bodgett, of . Mr. U.A.NDALL. Five minutes will probably suffice to complete Polaski County; and of Susan Cunningham, and of Josiah and John the reading. Then, if there is to be debate on this paragraph, well and Foster, of Crawford County, Ark.-to the Committee on War Claims. good; but if not, I shall ask that we may get this bill out of committee By Mr. SPRINGER: Letter of J. Alexander Fulton, urging the before we adjourn. claim of George F. Wardle-to the Committee on Claims. The Clerk completed the reading of the paragraph. By Mr. STONE, of Missouri: Petition of ex-soldiers of Missouri, Mr. RANDALL. In obedience to the law of last year, the com­ urging the passage of Senate bill 1886-to the Committee on Invalid mittee have recommended the itemizing of the appropria.tiona for the Pensiona. Coast and Geodetic Survey, the Hydrographic Office, the Signal Service, By 1\fr. E. B. TAYLOR: Petition of Edward Whitehouse, for honor­ and the Geological Survey. These are all the changes that have been able discharge-to the Committee on Military Affairs. made, and they are in obedience to Jaw. I now move that the com­ By Mr. ZACH TAYLOR: Petition of M. E. Stone and J. M. Wil­ mittee rise and report the bill, with the amendments, to the House. liams, legal representatives of Henry Williams, deceased, of Shelby The motion was agreed to. County, Tenn., asking that his claim be referred to the Court of Claims The committee accordingly rose; and the Speaker having resumed -to the Committee on War Claims. the chair, Mr. HAMMoND, from the Committee of the Whole, reported that they had had under consideration the bill (H. R. 10072) making appropriations for sundry civil expenses of the Government for the fis­ cal year ending June 30, 1888, and for other purposes, and bad in­ SENATE. structed him to report the same to the Honse with sundry amendment-B. Mr. RANDALL. Now, Mr. Speaker, I move the previous question FRIDAY, Decembtrr 17, 188G. on the adoption of the amendments, and on ordering the bill to be en­ Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. grossed and read a third time. The Journal of yesterday's proceedings was read and approved. The motion was agreed to. Mr. RANDALL moved to reconsider the vote by which the motion ENROLLED BILLS SIGNED. was agreed to, and also moved that the motion to reconsider be laid on The PRESIDENT pro tempore signed the following enrolled bill and the table. joint resolution, which had previously been signed by the Speaker of The latter motion was agreed to. the House of Representatives: Mr. RANDALL. I move that the House do now aojourn. A bill (H. R. 1418) for the relief of Henry !'Iartin; and Mr. ROGERS. I ask the gentleman to withdraw that motion for a Joint resolution (H. Res. 220) authorizing and directing the payment second. I want to ask unanimous consent-- [Cries of ''Regular of the salaries of the officers and employes of Congress for the month order 1" "Regular order ! "] of December, 1886. · The motion of Mr. RANDALL was agreed to; and the House accord­ ingly (at 5 o'clock and 28 minutes p. m.) adjourned. EXECUTIVE COMMUNICATION. The PRESIDENT pro tempore laid before the Senate a communica­ tion from the Commissioner of Agriculture, transmitting, in compliance PETITIONS, ETC. with a resolution of August 4, 1886, a. report on the su~ject of irriga­ The following petitions and papers were laid on the Clerk's desk, tion; which, with the accompanying papers, wa.s referred to the Com­ under the rule, and referred as follows: "mittee on Agriculture and Forestry, and ordered to be printed. By Mr. J. J. ADAMS: Memorial of the Protestant Episcopal Church, for a uniform law of marriage and divorce throughout the United States- PETITIONS AND 1\.IEMORI}LB. to the Committee on the Judiciary. . Mr. DAWES presented resolutions adopted by the Brookfield (Mass.) By Mr. BALLENTINE: Petition of B. F. Scroggins, of Giles County, Farmers' Club and resolutions adopted by the Berkshire County (Mas· Tennessee, asking th~t his claim be referred to the Court of Claims­ sachusetta) Grange, in favor of establishing agricultural experiment . to the Committee on War Claims. stations; which were referred to the Committee on Agriculture and By Mr. C. R. BRECKINRIDGE: Papers in the claim of Mary Bringle, Forestry. of Arkansas County, Arkansas-to the same committee. 1\fr. CONGER. I present four petitions of citizens of Michigan, pray­ By Mr. CLEMENTS: Papers in the claim of Rosannah Griffin, of ing that the license tax on oleomargarine may be reduced to correspond Floyd County, and of Micajah C. Wilson, of Polk County, Georgia­ with the license tax for. retail dealers in whisky and tobacco and beer to the same committee. and other necessaries of life, and that the charges upon the license for By Mr. DINGLEY: Remonstrance of the boards oftrade of San Fran- selling butter or butterine may not be greater than for selling ~h~ 240 CONGRESSIONAL RECORD-SENATE. DECEMBER. 17,

other luxuries. · I move the reference of the petitions to the Committee The memorial with the acoomp:tnying proceedings was referred to on Agriculture and Forestry. · · the Select Committee on the Centennial of the Constitution· of the The motion was agreed to. United Stat~, and ordered to be printed in the RECORD, as follows: Mr. CULLOM presented petitions of 139 consumers of oleomargarine ,V.~HING TO!i, D. C., December 13, 1886. in Chicago, ill., of 20 citizens of Springfield, Til., of 15 visitors at the To the Congress oj the United States: fat-stock show at Chicago, of 40 citizens of Monmouth, ill., and of 6 The undersigned, a committee appointed by a convention assembled at Wash­ consumers of oleomargarine in Kensington, Cook County, illinois, pray­ ington on Tuesday, December 7, for the purpose of considering the subject of a. centennial celebration of the adoption of the Federal Constitution, and of a ing for a reduction of the special taxes on oleomargarine to make them world's exposition, in celebration of the aiscovery of the continent of America correspond with the taxes on tobacco and whisky; which werereferred by Columbus, respectfully submit to the Senate and House of Representatives to the Committee on Agriculture and Forestry. in Congress assembled the proceedings of. the body they represent, and the accompanying memorial. He also presented the petition of J. B. Cosh and 234 citizens and The convention, which was composed of delegates from twenty-four States cattle-men at the National Stock-yards; East Saint Louis, ill., praying and Territories, was organized by the choice of the Ron. William Claflin, of for the reduction of the special taxes and for the repeal of the "ob­ Massachusetts, as president; Ron. A. A. Ames, of !lfinnesota, Ron. E. John Ellis, of Louisiana, Ron. Am or Smith, jr., of Ohio, Charles D . Fisher, esq:, of Mary­ noxious, prohibitory, and monopolistic features " of the oleomargarine land, A. R. Little, esq., of Pennsylvania, and Ron. A. P. Williams, of California, bill; which was referred to the Committeeo~ Agriculture and Forestry. as vice-presidents; and Alex. D. Anderson, esq., as secretary, and adopted the He also presented resolutions adopted at a meeting of the Illinois following resolutions: "Resolved, That a committee, to consist of fifteen members, five of whom shall ·State board of agriculture in favor of the passage of a bill providing be a quorum, be appointed by the chair, whose duty it shall be to prepare and for the establishment of agricultural experiment stations; which were present to Congress a memorial of this convention, with the signatures of its referred to the Committee on Agriculture and Forestry. ' members appended, urging upon that body: "1. To take action for such a. celebration i.n 1889, at Washington, of the one Mr. SPOONER pr~ented the petition of Amy C. Kellogg, president, hundredth anniversary of the establishment of constitutional republican gov­ Emma C. Bascom, vice-president, Mary M. Eaton, corresponding sec­ ernment in America, as may be deemed appropriate to the grandeur of the occa­ retary, and Maria S. Johnson, treasurer of the Wisconsin Women's sion and worthy the dignity of the nation, aud that the republics of the world be invited by the President of the United States to participate therein, and that Christian Temperance Union, praying for the passage of the Blair educa­ all other nations be invited to be present as guests. It is suggested that the tional bill; which was ordered to lie on the table. celebration should extend over se,·era.l days, and include addresses by some of :Mr. McMILLAN presented the petition of Mrs. H • .A. Hobart, pres­ the foremost men of each republic. "2. Necessary·appropriations for the proposed extension of the National Mu­ ident of the Women's Christian Temperance Union of Minnesota, and seum and such other buildings as may be required to enable the office.rs of that Mrs. E. S. Wright, corresponding secretary of that association,· praying institution to carry more fully into effect, on a comprehensive scale, all the ob- for the passage of the Blair educational bill; which was ordered to lie jects for which it was founded. _ "3. Necessaryappropriation for a suitable buildingorbuildingsonsome pub­ on the table. lic reservation in Washington, to constitute a part of the Patent Office, in which He also presented a petition of the Chamber of Commerce of Duluth, to exhibit working models in actual operation of such useful inventions by Am­ Minn., praying that an appropriation be made for the purpose of erican inventors in general use, patented by the United States, as may be selected by the Commissioner of Patents. dredging the inner harbor of Duluth and Saint Louis Bay to Grassy "4. To allot the requisite space on some public reservation in Washington for Point, in accordance-with the plans recommended by the United States the erection of, and suitable surroundings for, a building or buildings of sufficient engineers; which was referred to t}le Committee on Commerce. capacity for a national and international expositon of the arts and industries, products and manufa9tures, of the several States and Territories of the United He also presented a petition of the Chamber of Commerce of Duluth, States and of all the nations of the world, to be held in 1892 in commemoration Minn., praying that an appropriation of $50,000 be made for the pur­ of the four hundredth anniversary of the discovery of the Western hemisphere chase of a site in Duluth for a building to be used by the United States by Columbus. ." 5. To provide for the appointment of a· board of Government directors who court, cu~m-honse, and post-office; which was referred to the Com­ shall have authority to cause or permit the erection of such exposition buildings, mittee on Public Buildings and Grounds. · upon plans to be approved by t.he Secretary of the Interior, whenever sufficient Mr. HOAR. I present the petition of John S. Moulton and 107 funds therefor shall be provided for the purposes, and not before. "6. To provide that the Government directors appoint a secretary and treas. others, citizens of Boston, Mass., praying for a reduction of the special urer, the secretary to give to each subscriber to the exposition fund a receipt taxes and for the repeal of certain clauses of the oleomargarine act, for the amount subscribed and paid by him, which shall entitle the bolder to a which they describe in the petition as ''obnoxious, proh!bitory, and pro rata. amount of any net proceeds accruing f1'0m said exposition, not to ex­ ceed the amount contributed by him . . If any surplus remains afte.r the reim­ monopolistic.'' I move the reference of the petition to the Committee bursement of subscribers, the same to remain subject to disposition by Congress. on Agriculture and Forestry. The treasurer t-o receive into the t1·easury all contributions and all proceeds The motion was agreed to. of the exposition, and to pay out the same only on drafts authorized by the said Government directors. ' l!Ir. INGALLS presented a petition of 18 consumers of oleomargarine, "7. To make all necessary provision for the operations of said exposition. of Atchison, Kans., praying for a reduction of the special taxes on "8. To cause the erection of a statue to Columbus on the exposition grounds." oleomargarine so as to correspond with those on tobacco and whisky; The committee appointed to prepare and present this memorial respectfully ask, therefore, that, in addition to the things generally set forth in said resolu- which was referred to the Committee on .Agriculture and Forestry. tions, specific provision be made by Congress for the following: · Mr. GEORGE presented the petition of Richard D. Jones, of Mar­ First. The appointment of a board of location to consist of five members, who shall County, Mississippi, praying for certain relief under the provis­ shall have the authol"ity and whose duty it shall be, subject to the subsequent approval by Congress within three months from the passage of such act, to select ions of the act of Congress of March 3, 1883; which was referred to the the requisite space on the public reservations within the city of Washington for Committee on Claims. the purpoie named in the fourth of said resolutions; and this committee sug­ Mr. SAWYER presented a petition of the Women's Christian Tem­ gest.s as proper officers to compose such board: the Secretary of the Interior, the president of the board of District commissioners, the engineer in charge of pub­ perance Union of Wisconsin, praying for the passage of the Blair educa­ lic buildings and grounds. and one member of each House of Congress, to · be tional bill; which was ordered to lie on the table. named by the presiding officer thereof respectively. . Mr. CHACE presented the memorial of H. H. Stedman & Co. and Second. The appointment of a board of twenty-one Government directors to perform the duties named in the 1ift.h and sixth of said resolutions; and this com­ 142 others, citizens of Providence, R. I., praying for a reduction of the mittee suggests that in the construction of this board seven be appointed by the special taxes and for the repeal of the "obnoxious, prohibitory, and President of the United States, seven by the President of the Sennte, and seven monopolistic features'' oftheoleomargarine bill; which was referred to by the Speaker of the House of Representatives. Third. The appointment of an a-dvisory commission of one ft·om each State and the Committee on Agriculture and Forestry. Territory to be named by the governor thereof. Mr. MITCHELL, of Oregon, presented a petition of 7 citizens of Your memorialists further say that the object of asking the appointment of Portland, Oreg., praying for a reduction of the special taxes on oleo­ directors by the Government to receive and disburse all moneys m connection with the proposed exposition is to guarantee to the nations, States, and indi­ margarine so as to correspond. with those on whisky and tobacco; viduals, whose liberality is relied on to insure the success of the undertaking, which was referred to the Committee on Agriculture and Forestry. that the financial part of it will be under the control of the Government of the United States. CENTENNIAL CELEBRATION IN WASHINGTON. Respectfully submitted. J. W. THOMPSON, N. G. ORDWAY, Mr. GORMAN. I present the memorial of a large ntimber of citi­ W. B. WEBB, JEFF CHANDLER zens of the United States in relation to the centennial celebration of GEORGE B. LORING, THOMAS J. LUTTRELL, STILSON HUTCHINS, MYRON 1\1. PARKER, the adoption of the Federal Constitution and the world's exposition to GEORGE 0. GORHAM, THOMAS E. WAGGAMAN, celebrate the discovery of the continent of America by Columbus. HA.LLET KILBOURN, JOHN R. BLAND, This memorial is signed by a very ~rge number of citizens of the ALEX. D. ANDERSON, OWEN A. GILL, United States, and contains also the proceedings of a convention re-· E. W. FOX, Oommittee of Memorial·i8Cs. cently held in the city of Washington o.n that subject. It is an inter­ The following were members of the convention: Ron. Robert A. Howard, representing the governor of Arkansas; Ron. A. P. Williams, representing the esting matter, and I ask unanimous consent ~bat the memorial may San Francisco Chamber of Commerce; M. Hayes, esq., secretary Delaware be printed in the RECORD, and referred to the special committee on board of agriculture; Hon. J. J. Finley, of Florida; Ron. Judson C. Clements, that subject. representing the governor of Georgia; Ron. George Hillyer, mayor of Atlanta., Ga.; Ron. Charles F. Muhler, mayor of Fort Wayne, Ind.; Silas T. Bowe.n, esq., The PRESIDENT p1·oternpore. The SenatorfromMarylandasksthe president of Indianapolis Board of Trade; Ron. E. H. Conger, representmg the unanimous consent of the Senate that the memorial and proceedings city of Des Moines,lowa; Ron. SamuelJ.Cmwford,representingthegovernor presented by him be printed in the RECORD. there objection? of Kansas; General John Marshall Brown, representing the governor of 1\Ia.ine; Is Ron. Frank Brown, president of Maryland Agricultural Association ; Charles Mr. .ALLISON. What is the nature of the memorial? D. Fisher, esq., president Baltimore Board of Trade; C. T. Crane, esq., secretary Mr. GORMAN. It is a memorial, with the proceedings of a con­ Baltimore Board of Trade; E. M. Shryver, esq., president Baltimor~ Corn and vention held in this city, in relation to the proposed exposition to com­ Flour Exchange; John R. Bland, esq., secret-ary Merchants and Manufacturers• Exchange of Ba-ltimore; J. Frank Supplee,esq.,Ba.lt~ore,Md.i Fra.~k.Frick, memorate the centennial of the adoption of the Federal Constitution esq., Baltimore, Md.; Thomas W. Johnson, esq., Baltunore, Ma.; Wil!iam T. and of the discovery of the .American continent. Biedler, esq., Baltimore, Md.; E. Levering, esq., Baltimore, Md.; 0. A. G1ll, esq., '

1886. CONGRESSIONAL RECORD-SENATE. 241

Baltimore, l\Id.; George R. Skillman, esq., Baltimore, Md.; Hon. J. B. Wakefield, ler, esq., president Bath Board of Trade; F. W. Weeks, esq., secretary Bath representing the governor of Minnesota; Hon. A. A. Ames, representing the city Board of Trade; Charles S. Pearl, esq., secretary Bangor Board of Trade; Fred­ of Minneapolis; Hon. Charles W. Johnson, representing the board of trade of the erick A. Allen, esq., secretary Stat-e Grange. city of Minneapolis; Hon. Charles H. Dewey, representing the Omaha Board of Maryland-Ron. James Hodges, mayor of Baltimore; Charles D. Fisher, esq., Trade; H.l\1. Baker, esq., representing the governor of New Hampshire; Hon. president Baltimore Board of '.rrade; Charles T. Crane, esq., secretary Balti­ Nicholas T. Kane, representing the mayor of Albany; HenryS. Thayer,esq., more Board of Trade; E. M. Shryver, esq., president Baltimore Corn and Flour 1·epresenting the mayor of Buffalo, N.Y.; William Thurston, esq., representing Exchange; William F. Wheatly, esq., secretary Baltimore Corn and Flour Ex­ Merchants' Exchange and Board of Trade, Buffalo, N.Y.; Hon. W. R. Cox, rep­ change; John E. Hurst, esq., pt·esident Baltimore Merchants and Manufact­ resenting the governor of North Carolina; Hon. Am or Smitb,jr., mayor of Cin­ urers' Association; John R. Bland, esq., secretary B!dtimore Merchants and cinnati, Ohio; Hon. James P. Goodwin, mayor of Springfield, Ohio; S. J. Ritchie, Manufacturers' Association; Hon. Fl·ank Brown, president Maryland Agricult­ esq., of Akron, Ohio; C. D. Firestone, esq., president Board of Trade, Columbus, ural Association; H. l\I. Murray, esq., master State Grange. Ohio; Hon. Samuel F. Forbes, mayor of Toledo, Ohio; X. X. Crum, esq., repre­ Massachusetts-Ron. William Claflin, president New England Shoe and senting the Cleveland (Ohio) Board of Trade; Amos R. Little, esq., representing Leather Association; Charles S. Ingalls, esq., secret.ary New England Shoe and the governor of Pennsylvania; W. R. Johns, esq., representing Oil City Board Leather Association ; ----, president Boston Board of Trade; Charles F. of Trade; Hon. A. J. Caldwell, representing the governor of Tennessee; Hon. Crosby, esq., secretary Boston Board of Trade; Hon. Edwin D.l\Ietealf, mayor Zachary Taylor, representing the l\Ierchants' Exchange of Memphis, Tenn.; of Springfield; Hon. William S. Greene, mayor of Fall River; Hon. A. B. Bruce, Hon. W. H. Crain, representing the mayor of Galveston, Tex.; Hon. John T. mayor of Lawrence; Hon. William E. Russell, mayor of Cambridge; Hon. John Oaine, representing the mayor of Salt Lake City,Utah; X. X. Chartters, represent­ M. Raymond, mayor of Salem; George Jewett, esq., president Fitchburg Board ing the National Grange and Virginia State Grange; John Trimble, esq., rep­ of Trade; Arthur A. Brigham, esq., secretary State Grange. l'esenting the National Gl'!lnge; John T. Edwards, esq., president Tobacco 1\Iichigan-Hon. J. W. Walsh, mayor of Detroit; F. William Lichtenbur~, Association of Lynchburg, Va.; Hon. Philip Pendleton, representing the gov­ esq., president Detroit Board of Trade; George 1\I. Lane, esq., secretary Detroit ernor of West Virginia; NoyesS. Burlew, esq., president Board of Trade, Charles­ Board of Trade; T. H. Hinchman, esq., president Detroit M~rchants and :Manu­ ton, W.Va.; Joseph Ruffner, esq., secretary Board of Trade, Charleston, "\V. Va. facturers' Exchange; J. T. Cobb, esq., secretary State Grange. The following are a national board of promotion, who either in person or by 1\Iinnesota-Hon. L. F. Hubbard, governor of Minnesota; J. 1\f. Bohrer, esq., correspondence have expressed a warm interest in the enterprise and have ac­ president Saint Paul Board of Trade; W. G. Gates, esq., secretary Saint Paul cepted their appointment on the board: Board of Trade; Hon. Edmund Rice, mayor of Saint "Paul; William F. Phelps. Alabama.-T. G. Bush, esq., president Mobile Chamber of Commerce; A. Pope esq., secretary Saint Paul Chamber of Co.mmerce; Hon. A. A. Ames, mayor of St. John, esq., secretary Mobile Chamber of Commerce; R. H. Bolling, esq., Minneapolis; Isaac Atwater, esq., president Minneapolis Boar-d of Trade; R. C. superintendent Mobile Cotton Exchange; Miss Florence Gilmer, secretary State Judson,esq., secretary State Agricultural Society; W.S. Chowen, esq.,secretary Grange; Thomas J. Key, esq., secretary State Agricultural Society. State Grange; Edgar R. Mills, esq., secretary Duluth Chamber of Commerce; Alaska-Bon. A. P. Swineford, governor of Alaska. Lucien J. Barnes, esq., secretary Duluth Produce Exchange; Ralph W. Baker, Arizona-Ron. C. Meyer Zulick, governor of Arizona.; G. W. F. Johnson, esq, esq., secretary Duluth Board of Tl·ade; M. J. Forbes, esq., president Duluth secretary .A.l·izona. Industrial Exposition Association. Board of Trade; 1\I. J. Daniels, esq., president Rochester Board of Trade; A, T. Arkansas-Ron. Simon P. Hughes, governor of Arkansas; J. 0. Bagnell, esq., Stebbins, esq., secretary Rochester Board of Trade; B. B. Herbert, esq., secretary secretary Helena Chamber of Commerce. Red Wing Board of Trade. California-Ron. George Stoneman, governor of California; H. L. Dodge, esq., Mississippi-Ron. Robert Lowry, governor of Mississippi; Philip Crutcher, president San Francisco Chamber of Commerce; Eugene Germain, esq., presi­ esq., secr.etary Vicksburg Cotton Exchange; L. F. Chiles, esq., secretary State dent Los Angeles Produce Exchange; E. L. Stern, esq., president Los Angeles Fair -~sociation. Board of Trade; A.M. Lawrence, esq., secretary Los Angeles Board of Trade. 1\Iissouri-J. W. Sanborn, esq., secretary State Board of Agriculture; W. H. Colorado-Josiah Hughes, esq., president Pueblo Board of Trade. Miller, secretary Kansas City Commercial Exchange; F. \V. Wyman, esq., Connecticut-Ron. Henry B. Harrison, governor of Connecticut; Hon. 1\I. G. presidentHannibal Board of Trade; Charles 0. Harrington, esq., secretary Bulkeley, mayor of Hartford; Hon. George F. Holcomb, mayor of New Haven; Carthage Board of Trade; H. R. W. Hartwig, esq., president Saint Joseph James D. Dewell, esq., presidentNewHavenClmmberofCommerce; T.Atwater Board of Trade ; John L. Motter, esq., secretary Saint Joseph Board of Trade; Barnes, esq., secretary New Haven Chamber of Commerce; Hon. Civil ion Fones, Joseph H. Alexander, esq., president Saint Charles Comq:~ercial Exchange. mayor of Bridgeport; Hon. H. I. Bough,ton, mayor of Wat-erbury; Arthur Sikes, Montana-Ron. S. T. Hauser, governor of Montana; Robert C. Walker, esq., esq.. secretary State Grange. secretary Helena Board of Trade. Dakota-Ron. Gilbert A. Pierce, governor of Dakota; W. F. T. Bushnell, esq., Nebraska-Ron. James W. Dawes, governor of Nebraska; Hon. James E. secretary Territorial Farmers' Alliance and Dakota Board of Agriculture; W. Boyd, mayor of Omaha ; ~lax 1\Ieyer, esq., president Omaha Board of Trade; R. Bierly, esq., secretary Grand Forks Chamber of Commerce; H. P. Rucker, George M. Nattinger, esq., secretary Omaha Board of Trade; R. W. Furnas, esq.,president North Dakota Agricultural Exposition; W. T. Collins, esq.,secre­ esq., secretary State Board of Agriculture. - - tary North Dakota Agricultural Exposition. New Hampshire-Ron. Moody Currier, governor of New Hampshire; Col. Delaware-Ron. C. B. Rhoads, mayor of Wilmington; Mrs. Margaret A. Com­ William H. Sise, president Portsmouth Board of Trade; William H. Stinson, egys, vice-regent for Delaware of Mount Vernon Association; ?.I. Hayes, esq., esq., master State Grange; N.J. Bachelder, esq., secretary State Grange; H. K. secretary State Board of Agriculture; William B. Records, esq., secretary State Slayton, esq., secretary Manchester Board of Trade. Grange. New Jersey-Ron. Jesse Pratt, mayor of Camden; Hon. WilliamS. Strong, Florida-Ron. E. A. Perry, governor of Florida; J. J. Daniel, esq., president mayor of New Brunswick; B. H. Campbell, esq., president Elizabeth Board of Jacksorwille Board of Tradej James M. Fairlie, esq., secretary Jacksonville Trade; C. A. Swift,esq.,secretary Elizabeth Board of Trade; P.T.Quinn,esq., Board of Trade; L. M. Merritt, esq., president Pensacola Board of Trade; secretary Newark Board of Trade; M. D. Dickinson, esq., secretary State '.rhomas C. Watson, esq., secretary Pensacola Board of Trade; James .M. Fair­ Grange. lie, esq., secretary Florida State Park Association. New York-Ron. D. D. Whitney, mayor of Brooklyn; Hon. Philip Becker, Georgia-Ron. John B. Gordon, governor of Georgia; Hon. George Hillyer, mayor of Buffalo; Hon. Thomas E. Kinney, mayor of Utica; Albert J. Wright, mayor of Atlanta· Robert J. Lowry, esq., president Atlanta Chamber of Com­ esq., president Buffalo Merchants' Exchange; William Thurston esq., secre­ merce; M. M. Weich, esq., secretary Atlanta Chamber of Commerce; Fred. :M. tary Buffalo Merchants' Exchange; J. R. Joslyn, esq., secretary EI.r;;:ira Board Hull, esq., president Savannah Board of Trade; E. C. Grier, esq., secretary State of Trade; H;on. John Boyd Thacher, mayor of Albany; S. H. Parker, esq., sec­ .Agricultural Society. retary Geneva Board of Trade; Edward C. Boynton, esq., secretary Newburg Idaho-Ron. Edward A. Stevenson, governor of Idaho. Board of Trade. Illinois-Perley Lowe, esq., president Chicago Lumberman's Exchange; North Oarolina.-Hon. A.M. Scales, governor of North Carolina; J. H. Currie, George W. Hotchkiss, esq., secretary Chicago Lumberman's Exchange; Sam­ .esq., president Wilmington Produce Exchange; T. C. Williams, esq., secretal-y uel B. Raymond, esq., president Chicago Commercial Exchange; ,V. S. Knight, State Agricultural Society; W, R. Williams, esq., master State Grange. esq., secretary Chicago Commercial Exchange; George W. Linn, esq., president Ohio-Ron . .A.mor Smith, jr., rnayor of Cincinnati; Hon. George W. Gardner, Chicago Produce Exchange; R. P. 1\icGlincy, esq., secretary Elgin Board of mayor of Cleveland; Hon. Samuel F. Forbes, mayor of Toledo; William Ed­ Trade; Hon. J. Parkhurst, mayor of Quincy; Thomas Keady, esq., secretary wards, esq., president Cleveland Board of Trade; X. X. Crum, esq., secretary State Grange · Hon. Lewis B. Thomas, mayor of Bloomington. Cleveland Board of Trade; Denison T. Smith, esq., secretary Toledo Produce • Indiana-SilaS T. Bowen, esq., president Indianapolis Board of Trade; Ron. Exchange; C. D. Firestone, esq., president Columbus Board of Trade; Charles Cnleb S. Denny, mayor of Indianapolis; Hon. Charles F. Muhler, mayor of G. Lord, esq., secretary Columbus Board of Trade; Hon. James P. Goodwin, Fort Wayne; Milton Trusler, esq., master State Grange; Hon. J. C. Kolsem, mayor of Springfield; Hon. Ira Crawford, mayor of Dayton; M. Churchill, esq. • mayor of Terre Haute. president Zanesville Board of Trade; William M. Shinnick, esq., secretary Indian Territory-Joshua Ross, esq., secretary Indian International Agricul~ Zanesville Board of Trade; J. H. Brigham, esq.1 master State Grange; T. R. uml Society and Fair Association. Smith, esq., secretary State Grange. Iowa-Ron. William Larrabee, governor ofiowa; Hon. J.H. Philips, mayor Oregon-Ron. Z. F. Moody, gov-ernor of Oregon; Donsld Macleay, esq., pres­ of Des l\Ioines; Hon. James C. Davis, mayor of Keokuk; Hon. A. G. Adams, ident Portland Board of Trade; Hon. John Gates, mayor of Portland. mayor of Burlington and president Burlington Board of Trade; G. R. Badg­ Pennsylvania.-Hon.RobertE.Pattison, gov-ernor of Pennsylvania; Ron Will­ erow, esq., secretary Sioux City Chamber of Commerce; Hon. John Glab, mayor iam B. Smith, mayor of Philadelphia; J. Wesley Supplee, esq., president Phila­ of Dubuque; John R. Shaffer, secretary State Agricultural Society. delphia Commercial Exchange; C. Ross Smith, esq., secretary Philadelphia Com­ Kansas-Hon. John A. 1\!artin, governor of Kansas; Hon. R. L. Cofran, mayor mercial Exchange; George E. Paul, esq., president Philadelphia Produce Ex­ of Topeka ; Hon. S. H. Kelsey, mayor of Atchison; M.rs. Jennie M. Ward, vice­ change ; Howard Austin, esq., secretary Philadelphia Produce Exchange ; John regent for Kansas of Mount Vernon Association; H. Miles Moore, esq., secre­ F. Dravo, esq., president Pittsburgh Chamber of Commerce; S. L. McHenry, tary Leavenworth Board of Trade; George Black, esq., secretary State Grange; esq., secretary Pittsburgh Chamber of Commerce; Thomas J. Edge, esq., sec­ George Y. Johnson, esq., secretary State Fair Association; J. D. Bowersock, retary State Board of Agricultw·e; Leonard Rhone, esq., master Stat-e Grange; president Lnwrence Chamber of Commerce; H. C. Whitehead; esq., secretary Hon. Ezra. H. Ripple, mayor of Scrant-on; Dr. E. G. Martin, president Allen­ Lawrence Chamber of Commerce; Robert Atkinson, esq., president Ottawflo town Board of Trade; Benjamin Blum, esq., secretary Meadville Board of In­ Board of Trade. dustry; W. R. Johns, esq., secretary Oil City Board of Trade; J. B. Olmsted, Kentucky-Ron. J. Proctor Knott, governor of Kentucky; H. A. Dudley, esq., esq., president Titusville Merchants' Association; E. H. Ames, esq., secretary secretary Louisville Board of Trade; Mrs. Eliza B. Wood ward, vice regent for Titusville Merchants' and :Manufacturers' Association; Isaac ?.!cHose, esq., Kentucky of Mount Vernon Association; Hon. James C. Wright, mayor of New­ president Reading Board of Trade; J. F. Keever, esq., secretary Reading Board port. of Trade. . Louisiana-Hon.S.D. .McEnery, governor of Louisiana; Hon. N.D. Wallace, Rhode Island-Ron. G. F. Robbins, mayor of Providence; C. W. Smith, esq., president New Orleans Produce Exchange; Henry H. Smith, esq., secretary secretary Rhode Island Society for Encouragement of Domestic Industry. New Orleans Produce Exchange; "\Vm. M. Burwell, esq., secretary New Orleans South Carolina-Ron. John P. Richardson, governor of South Carolina; Chamber of Commerce; Pearl Wright, esq., president New Odeans 1\Iexican, Thos. D. Jenry, esq., president Charleston Chamber of Commerce; A. Walton South American and Central American Commercial Exchange; G. T. McCune, Taft, esq., president Charleston Exchange; Geo. ,V. Bell, esq., secretary Charles­ esq., secretary New Orleans, Mexican, South American and Central American ton Merchants' Exchange; S. A. Pearce, esq., president Columbia Board of Commercial Exchange; Mrs. Ida A. Richardson, vice-regent for Louisiana of Trade; Robert M. Anderson, esq., secretary Columbia Board of Trade; James 1\Iount Vernon Association; Isaac N. Maynard, esq., manager New Orleans N. Lipscomb, esq., master State Grange; Thos. w_ Holloway, esq., secretary Clearing House; A. K. Miller. esq., president New Orleans Maritime Association; State Grange and se11retary State Agricultural and Mechanical Society ; E. L. L. Lacombe, esq., secretary New Orleans l\la.ritime Association; Daniel Morgan, Roche, esq., secretary Agricultural Society of South Carolina. esq., master State Grange; H. W. L. Lewis, esq., secretary State Grange; R.N. Tennessee-Ron. William B. Bate, governor of Tennessee; Hon. Thomas A. !llcKellar, esq., president Shreveport Cotton Exchange; J. V. Nolan, esq., secre­ Kercheval, mayor of Nasliville; H. C. Hensley, esq., president Nashville Mer­ tary Shreveport Cotton Exchange. chants' Exchange; 0. H. Hight, esq., secretary of Nashville l\lerchants' Ex· Maine-Ron. Frederick Robie, governorofl\Iaine; Mrs.MargaretJ. M. Sweat, change; W. J. Chase, president Memphis Merchants' Exchange; E . .A. Keeling, vice-regent for Maine of Mount Vernon Association; Hon. Charles J. Chapman, esq., secretary Memphis Merchants' Exchange; G. C. Connor, esq., president mayor of Portland; Joseph E. Blabon, esq., president Portland Merchants' Ex­ Chattanooga Iron and Coal and l\!anufacturers' Association; H.l\f. ·wutse, esq., change; M. N. Rich, esq., secretary Portland Merchants' Exchange; A. J. Ful- secretary Chattanooga Iron and Coal and Manufacturers' Association; Hon. A. XVIli-16 242· CONGRESSIONAL RECORD-SENATE. DEOEMBER 17,

J. McWhirter, State commissioner of agriculture; W. H. Nelson, esq., master SEC. S. That the sum of $100,000 be .a.nd the same is hereby, appropriated, out. State Grange; S. M. Wilson esq., secretary State Grange. of any money in the Treasury not omerwise1 app-ropriated, to be used and ex­ Texas-Ron. John Ireland, governor of Texas; Hon. R. L. Fulton, mayor of pended for the purposes provided in this act. Galveston; Hon. J. W. Robertson, mayor of Austin; Hon. .John Henry Brown, mayor of Dallas; Dr. H. S. Broiles, mayor of Fort Worth; R. T. Kennedy, esq., Mr. COCKRELL. I should like to ask the Senator from Uaine why secretary State Grange: E. C. Bartholomew,esq.,secretary State Fair Association. the lot the Government now owns should be sold and a new lot pn:r­ Utah-Hon. Caleb W. West, governor of Utah; Hon. Francis Armstrong, mayor of Salt Lake City. chased? Vermont-Hon. Samuel E. Pingree, governor of Vermont. Mr. HALE. The old lot is very small, to begin with, and it is situ· Virginia-General Fitzhugh Lee g·overnor of Virginia; Mrs. Emma RBall, ated on the wrong side of the street, away from the water. Eastport vice-regent for Virginia of Mount Vernon Association; Philip Haxall, esq., presi­ dent Richmond Grain and Cotton Exchange; B. A . Jacob, esq., secret&ry Rich­ is a seaport. The Treasury Department has investigated the matter mond Grain and Cotton Exchange; George A. Ainslie, esq., president Richmond itself by its agents and prepared thiq bill. In conference with the citi· Chamber oi Commerce: Hon. W. C. Carrington, mayor of Bichmond; E. B. zen.s of the town they decided that it would be much more convenient Freeman,esq.,secretaryNorlolkandPortsmouthMerchant~andManufacturers' Exchange; W. H. Holmes, esq., president Nol'f'olk and Portsmouth Cotton Ex­ for the business of the office to pn:rchase a new site on the opposite side change; .John H.Hume,esq., president Portsmouth Board of Trade and Ex­ of the street .and next to the sea, where vessels could approach and dlange; Hon. Barton Myers, mayor of Norfolk; C. E. Burton, esq.,secretary where it would be more convenient in every way. It is for that pur· Petersburg Chamber of Commerce; John T. Edwards, esq., president Lynch­ burg Tobacco Association; James Franklin, esq., secretary Lynchburg To­ pose that the change is suggested. bacco Association; George W. Mayo, esq., secretary State Agricultural Society; The amendment was agreed to. Bon. Randolph Harrison, State commissioner of agriculture: X. X. Charttet.'S, The bill was reported to the Senate as amended, and the amendment esq., master State Grange; Thomas S. Stadden, esq., secretary State Grange. Washington Territory-Ron. Watson C. Squire, governor of Washington Ter­ was concurred in. ritory; .John W. Sprague, esq., president Tacoma. Chamber of Commel'ce; E. N. The bill was ordered to be engrossed for a third reading, read the Fuller, esq., secretary Tacoma Chamber of Commerce. third time, and passed. West Virginia-Ron. E. \V. Wilson, governor of West Virginia.; Mts. Ella B. WaShington, vice-regentforWestVirginla.ofMount Vernon Association; Noyes The title was amended so as to read: "A bill to authorize the Secre­ Burlew, esq.,presidentCharlestonBoardofTrade; .Joseph Ruffner, esq.• secre­ tary of the Treasury to sell and convey the United States custom-house tary Charleston Board of Trade; .J. E. Hall, esq., master State Grange; William and post-office property at Eastport, in the State of Maine, lately de­ Haynes, esq., .secretary State Grange; George Hook, esq., secretary West Vir· ginia Exposition Association. stroyed by fire, the proceeds thereof to be invested in the purchase of a Wisconsin-JohnJohnston,esq.,presidentMilwa.ukeeChamberofCommerce; new site for and to provide for the erection of a new public building at W. J. Langston, esq., secretary Milwaukee Chamber of Commerce; Mrs. Martha that plaee." 1\litehell, vice-regent for Wisconsin of Mount Vernon Association; Hon. D. A. Olin, ma.yorofRacine; A. Hirshheimer, esq., presidentLaCrosseBoard of Trade; BILLS INTRODUCED. R.Ca.lvert, esq.,secretaryLa Crosse Board of Trade; S.C. Carr, esq.,master State Grange. Mr. CAMERON introduced a bill (S. 3005) providing fo:r appoint. Wyoming-Hon.FrancisE.Warren,governorofWyoming; Thomas Sturgis, · mentsin the Marine Corps; which was read twice by its title, and, with esq., secretary Wyoming Stock Growezs' Association. the accompanying papm'B, :referred to the Committee on No.val Affairs. At large-Thomas L. Airey, esq., president National Cotton Exchange ot America; Mrs. Lily L.Jtlacalester Laughton, regent Mount Vernon Assoc:ation :Mr. CONGER introduced a bill (S. 3006) authorizing and directing ofthe Union; Put Darden,.esq., master National Grange; John Trimble,esq., the SecretaryofWartosendtoWallaceBrown's Post, No.190, of Birch secretary National Grange; Dr. J. :M.Bla.nton,chairman executive committee Run, :Mich., fifty unserviceable muskets and accouterments; which was ol National Grange. read twic~ by its title, and referred to the Committee on Military Af· REPOBTS OF COMMITTEES. fairs. Mr. VANCE, from the Committee on the District of Columbia, to Mr. CULLOM introduced a bill (S. 3007) for the relief of James H. whom was referred the bill (S. 2839) for therelief of the Chnrch ofthe Gilbert; which was read twice by its title, and referred to the Commit­ Ascension, in the District of Columbia, -reported it without amendment, tee on Claims. and submitted a report thereon. He also introduced a bill (S. 3008) granting arrears of pension to Mr. ·HARRIS, from the Committee on the District of Columbia, to George H. Campbell; which was read twicebyits title, and referred to whom was referred the bill (S. 2982) to authorize the commissioners of the Committee on Pensions. the District of Columbia to permit the temporary occupation of streets He also introduced a bill (S. 3009) granting a pension to Frank P. by a rail way for the purpose of transporting material to fill about the Winchester; which was~ead twice by its title, and referred to the Com· base of the Washin.:,aton Monument, reported it without amendment. mittee on Pensions. Mr. CULLOM, from the Committee on Territories, to whom was re· Mr. WillTTHORNE (by request) introduced a bill (S. 3010) to re· ferred the bill (H. R. 3760) to enlarge the jurisdiction of the probate move the Gharge of desertion from the military record of William courts in Wyoming Territory, reporlied it with an amendment, nnd sub­ Hamilton; which was read twice by its title, and referred to the Com- mitted a report thereon. mittee on Military Affairs. · Mr. BLAIR introduced a bill (S. 3011) for the relief of Andrew J. PUBLIO BUILDL.~G AT EA!3TPORT ME. 1 .Edgerly; which was read twice by its title, and referred to the Com­ Mr. MAHONE. I am directed by the Committee on Public Build­ mittee on Military Affairs. ings and Grounds, to whom was referred the bill (S. 2901) to provide Mr. MORGAN introduced a bill (S. "301.2) to :regulate the fees and for the erection of a public building at Eastport, Me., to report it with salary of district attorneys of the United States for the Territories ol . an amendment. New Mexico and Arizona; which was read twice by its title, and, with Mr. HALE. This is a bill which I introduced on the second day of the accompanying papers, referred to the Committee on the Judiciary. the session. I asked for its immediate consideration at that time, but Mr. MANDERSON introduced a bill (S. 3013) fo:r the relief of First objection being made it went to the committee which has investigated Lieut. James Regan; which was read twice by its title, and, with the the subject and made this r~port. As the building and the town itself accompanying papers, referred to the Committee on Milita.ry Affairs. was nearly all burned down, and it is a very important port ~nd an im­ Mr. BECK introduced a bill (S. 3014) to fix the charge for passports portant custom-house, ·I ask that the Senate consider the bill now. I at $1; which was read twice by its title, and, with . the accompanying presume there will be no objection to it. papers, referred to the Committee on Foreign Relations. By unanimous consent, the Senate, as in Committee of the Whole, pro­ Mr. ALDRICH introduced .a bill (S. 3015) to provide for the reduc· ceeded to consider the bill. tion of interest on the bonded debt of the United States, and for other The amendment ofthe Committee on Public Buildings and Grounds purposes; which was read twice by its title, and referred to the Com· was to strike out all after the enacting clAuse and insert: mittee on Finance. That the Secretary of the Treasury is hereby authorized and directed to sell AMENDMENT TO AN APPROPRIATION BILL. at public auction, in the town of EastpoTt, Me., to the highest bidder, after thirty days' notice in alLof the newspapers published in the town of Eastport. Mr. DOLPH submitted an amendment intended to be proposed by the land and premises known a.s the United States custom-house and post-of­ him to the sundry civil appropriation bill; which -was referred to the fice, on Washington and Water streets in said town of Eastport, Me.; the time Committ-ee on Public Buildings and Grounds, and ordered to be printed. and place of said sale in said town to be fixed by the Secretary-of the Treasury at a date not later than sixty days after the passage of this act, with power to ADJOURNMENT TO MONDAY. reject any or all btds, and to readvertise the said property. in like mRUne:r as of­ ten as may be necessary to secure the value the1·eof, and the cost t-o be paid from On motion of 1tfr. ALLISON, it was the proceeds of sale of said property. SEO. 2. That the Secretary of the Treasu-ry shall invest the purcbase-money of Ordered, That when .the Senate -adjou.rn to-day it be to meet on Monday next. the said property received by him, so far as the same may go, in the purchase or acquisition by condemnation of a. site, and cause to be erected thereon a. suita­ RELATIONS WITII 1\IEXICO. ble afid commodious fire-proof building. with fue-pToof vaults, fo-r the nse and nccommodation of the post-office, cust-om-house, and other Government ofllces, :Mr. BUTLER submitted the following resolution; which was read: nt the town -of Eastport, in the State of Maine. The cost of said building, in­ Whereas th.e close pToximity of 1\Iexieo to thi~ country, the increasing com­ cluding site, approaches, and heating apparatus, when completed upon plans and mel'OO between the two countries, and th.e common interests of the two republics specifications to be previously made and approved by the Secretary of the in many respects make it most desirable that there should ex ist bel ween them Treasury, shall not exceed the sum of $100,000; and the site purchased shall the closest ties of friendship: Therefore, leave the building unexposed to danger from fire bl"an open space of at least 40 Resol'IJed, That a. select committ-ee of five Senators be appointed by the Presi­ feet, inc] uding streets and alleys: Provided, That no ]l8.rt of said sum shall be dent of the Senate, whose duty it. shall be to visit such pla.ces-along the frontier expended until the vlilid title t.o the sa.id site shall be vested in the United States, as they may deem prope-r, and al o the City of ?IIex:ico, with the approval of the nor until the State of Maine shall cede to tha.._United States exclusive jurisdic­ Mexican G.overn-ment. in order to inquire into and report upon a.nydi turbances tion over the sa.m.e, during the time the United Sta-res shall be or remain the that may have occurred between citizens of the two countries; and if any dis­ owners theTeof, for all purposes except the11dministration of the·criminallaws turbances have .occurred to"inquire and report the cause thereof. That said · of said State and the service of any civil}>Tocess therein. committee may send for persons and pape1·s, employ a stenographer, and such 1886. CONGRESSIONAL RECORD-SENATE. 243 other persons as may be necessary for the proper accomplishment of the object T.he bill was reported from the Committee on Finance, with amend­ and purposes of said inquiry. That said committee "Dll\y sit during the recess ofCon~. . ments. Mr. BUTLER. I ask that the resolution be printed, and lie on the The first amendment was in section 1, line 3, before "United States," table for the present. · to strike out "eighty-six" and insert "eighty-seven;"· so as to make The PRESIDENT pro tempm·e. The resolution will lie on the table the section read: and be printed. That until July 1st, 1887, United States trade·dollars, if not defaced, mutilated, or stamped, shall be received at the office of the T reasurer or any assistant RIG.HTS OF' .AJ.\IERICAN VESSELS IN BRITISH WATERS. treasurer of t-he United States, in excha,nge for a, like a mount , dollar for dollar, oi standard silver dollw:s of the United States. ~Ir. FRYE submitted the following resolution; which waa considered by unanimous consent, and agreed to: The amendment was agreed to. Be!ol11ed, That such evidence, papers, and documents as may be deemed neo­ The next amendment was in section 2, after the words "coinage essa.ry by the Committee on Foreign Relations be printed for the use of said mints," at the end of line 4, to strike out "and under the act of Fe?­ committee in its investigation of the fisheries question under the resolution of ruary: 28, 1878," and insert "and shall be regarded and treated as sil­ the Senate adopted on the 24th day of July, 1886, under the direction of said committee. ver bUllion, and, at their bullion value, shall be deducted from the THE TRADE-DOLLAR. amount of bullion required to be purchased and coined by the act of February 28, 1878, and," so as to read: The PRESIDENT p1·ofmnpore. Are there further concurrent or other SEC. 2. ThBt the trade-dollars received by the Treasurer or any assistant treas­ resolutions? If not, the morning business is closed and the Calendar m·er of the United States shall not be paid out or in any other manner issued, is in order. but, o.t the expense of the United States, s~ll be tra:nsmitted Lo th~ coinf!-ge Mr. MILLER. I desire to ask the Senate to take up the bill (S. mints, and shall be regarded and treated as Stiver bullion, and, at therr bullion value shall be deduct.ed from the amount of bullion required to be purchased. 199) Order of Business 1885. I think that with a word of explanation and c~ined by the act of February 28, 1878, and shaH be recoined into standard there will be no objection to the consideration of the bill, and that it silver dollars, according to the provisions of said act: may be passed without debate. - The amendment was agreed to. The PRESIDENT pro tempore. Pending the consideration of the · The next amendment was to add to section 2 the following proviso: Calendar, the Senator from New York moves that the Senate proceed Provided, That the amount to he so deducted as provided in this sectiou shall to the consideration of the bill (S. 199) for the retirement and recoin­ not exceed 5500,000 in any month. age of the trade-dol].ar. The amendment was agreed to . .Mr. MILLER. llr. President, this bill was reported a few days ago The bill was reported to the Senate as amended, and the amend­ from the Finance Committee. It is a compromise between the differ­ ments were concurred in. ent views which have been heretofore held in regard to this question. The bill was ordered to be engrossed for a third reading, 1·ead the The bill proposes to redeem all the trade-dollars which may be pre­ third time, and passed. . ·sented at the Treasury of the United States between the passage of the bill and the 1st day of .July, 1887, which are not defaced, mutilated or POST-OFFICE FREE-DELIVERY SYSTEM. stamped. Mr. CONGER. I move that the Senate :proceed to the consideration It proposes to regard the trade-dollars thus redeemed as silver bullion of the bill (H. R. 7536) to extend the free-delivery system of the Post­ at its bullion value, and that value is to be deducted from the Treasury Office Department, and for other purposes. purchases of$2,000,000 per month, but during no month is more than The motion was agreed to; and the Senate, as in Committee of the $500,000 to be so deducted. Whole, proceeded to consider the bill. Two.views have been held by various members of the Senate and The PRESIDENT p1·o tempore. The Chair calls tbe attention of the of the Committee on Finance. Nearly all have agreed, however, that Senator from Michigan to the fact that in the printed bill a word is the trade-dollar should be redeemed; that for the Government to con­ misprinted which may require an amendment. Instead of ''that'' in tinue to refuse to take its own ~in is little else than robbery of its own line 2 of section 3 the word ehould be "than." citizens.' Some have held that it should be redeemed at its face value Mr. CONGER. It is a clerical error, which can be corrected by the and reissued, and not counted .as a part of the $2,000,000 of silver clerks. bullion to be purchased -per month. Other Senators have held that there The PRESIDENT pro ternp01·e. The engrossed bill has been sent for should be deducted at once from the purchases of $2,000,000 per month to ::tscertain whether it is an error in the print or in the engrossment. whatever amountmiglit be redeemed during the month. It hasfinally Is there any amendment to the bill ? been agreed as a compromise that not more than $500,000 per month Mr. CONGER. There is no amendment. The bill was reported should be taken from the Treasury purchases. · from the committee as it was brought from the other House. Substantially this measure in its present form was passed here once · The bill was reported to the Senate without amendment. before. Last summer it will be remembered that an amendment for Mr. CONGER. Was that found to be an error in print? this purpose was offered to what was known as the Treasury: surplus The PRESIDENT pro tempore. The word was fotind to be correct resolution, nn.d it passed the Senate, but was finally rejected by the in the engrossed copy, and the error is in the printed copy. The bill committee of conference which had that measure under consideration. needs no amendment. That amendment waa so drawn that it would have led to the redemp­ The bill was ordered to a third reading; read the third time, and tion of all the trade-dollars now held abroad, particularly in China, passed. where it is estimated that at least twenty millions of them have gone. POSTA~ MO:NEY-ORDEB. SYSTEM. Under this bill, as it now stands, they can only be redeemed up to July 1, and none are to be redeemed which have been defaced, mutilated, Jrir. WILSON, of Iowa. I move that the Senate proceed to the con­ or stamped. It is a well known fact that all the trade-dollars which sideration of the bill (H. R. 5878) to amend the act entitled " An act have gone into circulation in China or elsewhere have been stamped to modify the postal money-order system, and for other puT)?Oses, '' ap­ proved l'rlarch 3, 1883. ()fficially, either by the Government or by C~ese merchants, and under this bill the trade-dollars now held abroad would not be redeemed. The motion was agreed to; and the Senate, as in Committee of the It is estimated by lea-ding bankers in New York and others who have Whole, proceeded to consider the bill. investigated this question that only from six to nine million trade-dol­ ·The bill w::ts reoorted to the Senate without amendment, ordered to lars are now held in the United States by our citizens. They have been a third reading; read the third time, and passed. out of circulation now for two or three years. The people holding them MAIL MESSENGERS. have lost the interest upon them; the currency has been withdrawn from circulation, and great loss has come to many of our people. But Mr. CONGER. There is another bill which it is importnnt should our citizens have thus far refused to sell these trade-dollars for bullion, be pas..o;ed in regard to postal matters. It is the bill (H. R. 8346) reported because they hold, and I think properly hold, that the Government of from the Committee on Post-Offices and Post-Roads with amendments. the United States can in honor do nothing less than redeem them at The PRESIDENT pro temp01·e. The Senator from Michigan moves their face value. that the Senate proceed to the consideration of the bill (H. R. 8346) If this bill can. be passed tbis morning and go to the House of Rep-­ authorizing the employment of mail-messengers in the postal service. resentatives, I believe it can pass there before the adjournment pre­ The motion was agreed to; and the Senate, as in Committee of the vious to the holiday recess, and that then the people of this country Whole, proceeded to consider the bill. will at once return their trade-dollars to the Treasury of the United The bill was reported from the Committee on Post-Offices and Post­ States and receive for them standard dollars. Roads with amendments. I need not say that I have always favored this measure of justice to · The first amendment was in line 4, to strikeout the word" employ" our people, and I trust that as the Finance Committee has finally and insert the words "contract for," so as to read: That the Postmaster-General be, and he is hereby, authorize~ to contract ~or agreed upon this bill, and as it has been heretofore fully discussed in such mail-messenger service as m ay he necessary; for the ca.rr1age ?f the malls this body, it may now be taken up and passed. in connection with t•ailroad o.nd steamboat service, transfer service between The PRESIDENT pro tempore. The Senator from New York moves depots, over bridges or ferries, between post-offices, p~t-office3 a11d branch offices or stations in cases where, by the laws and regulations of the Post-Office that the Senate proceed to the consideration of the bill. Department, rail;oad companies, steamboat complmies, and the mast·ers ?f ves­ The motion was agreed to; and the Senate, as in Committee of the sels are not required to deli\--e"l" into and take from the po!!t-offices the mails car­ · Whole, proceeded to consider the bill (S. 199) for the retirement and ried on their lines or Yessels. :recoinage of the tmde-dollar. The 3mendm.ent was agreed to. 244 CONGRESSIONAL RECORD-SENATE. DEcE:r,rnER 17,

The next aniendment was to add to the bill the following ·words: committee is short, that the report be read, for evidently Senators do And said c:mtracts shall be let to the lowe3t bidders, after due advertisement not understand what the bill is. The report is brief, and I ask that it at such times 11 nd plac ~ s a.s the Po~tma. ter - Uen ,~ ral may direct, and upon the be read. same terms and conditions as o ~ h er contra. ~ t-51 for carrrying the United States mails on star-route:> ad may be provide:l by law. Several SENATORS. Let the report be read. Mr. HARRIS. Is not the reading of the report in the nature of de­ The amendment was agreed to. bate, and is it not contrary to the rules? ' The bill was reported to the Senate as amended, and the amendments The PRESIDENT pro tempore. _ The Chair is of opinion that the were concurred in. reading of a report is in the nature of debate, aud that it can not be The amendments were ordered to be engrossed and the bill to read read at this stage if there is objection. a. third time. Mr. HARRIS. I do not object if there is a desire to hear it. The bill was read a third time, and passed. The PRESIDENT p1·o tempore. If there is no objection, the report 1\Ir. CONGER. I ask that upon the amendments made by the Senate will now be read. The Chair hears no objection. a committee of conference be appofuted, and that a corresponding com­ The Chief Clerk read the report, submitted by l't{r. BLAIR June 24, mittee be requested from the other Honse. 1886, from the Committee on Pensions; as follows: The PRESIDENT pro tempore. The Senator from Michigan moves The Committee on Pensions, to whom was referred the bill (S. 816) to gh·o that the Senate insist on its amendments and ask for a conference with the right of trial by jury to claimants of pensions under the laws of the United the Honse of Representatives thereon. States whose applications have been rejected by the l:!ecretary of the Interior on The motion was agreed to. appeal from the decision of the Commissioner of Pensions, have considered the same, and report herewith the bill, and recommend its passage. By unanimous consent the President pro tempore was authorized to A.great number of pension claims, after years of earnest prosecution at grent appoint the conferees on the part of the Senate, and Mr. CoNGER, Mr. expense to the parties, are finally rejected by the Department, often where the CHACE, and Mr. !IAXEY were appointed. evidence is very conflicting and great doubt exists of the justice of the decision. The methods of trial, substantially ex parte and without the advantage of per­ sonal examination of the parLy and witnesses in presence of the tribunal which GRAFTO~ 1\IONROE. decides the cause, can not be remedied under the present system of adjudica­ tion. Yet the rights concluded are of much greater pecuniary importance than Mr. MAXEY submitted the following report: the ordinary amounts involved in litigation, and to the soldier, his widow, The committee of conference on the disag:reeing votes of the two llouses on minor children, and dependent relatives the determination of these questions the amendments of the Senate ·to the bill {H. R. 5890) for the reHef of Grafton generally involve the comforts oflife and not unfrequently existence itself. Monroe, after full and free conference, have agreed to recommend to their The great mass of applications for relief by special legislation grow out of respective Houses as follows: the dissatisfaction of claimants who ba\·e prosecuted their claims for many That the House recede from its disagreement to the amendment of the Senate years under the greatest difficulties with the final, and as they believe unjust, to section 1, and agr.ee to the same. decision of their claims. Consequently they come to Congress, and their That the Senat~ recede from its -amendment to section 2, and agree to the petitions must be heard. The present session there have been more than i ,500 erune. bills for specibl acts of pension introduced in the two Houses of Congress-3,788 S_ B. 1\IAXEY, in the House and 764 in the Senate-and probably not less than 5,000 will be in­ 0. D. CONGER, troduced before the Congress ends. Of these, 618 have passed the Congress. JONATHAN CHACE, How many will become laws is unknown to the committee. Probably at least Managers Oil the part of the Senate. nineteen-twentiet-hs of the bills are substantially appeals from the decision of the Pension Office. FRANK T. SHAW, There is eve-ry reason to beHeve that this army of petitioners for redress will JONAS G. HOWARD, increase annually for many years. There is no escape from the consideration J. McKENNA, of these cases by Congress or by some local tribunal, with opportunity to ex­ Managers on the pa1·l of the Hou.se. amine the parties, witnesses, and proof and decide finally upon these contro· versies. Mr. COCKRELL. What will be the bill as agreed to? We cannot We can conceive of no possible reason why the trial by jury should not be tell by a mere statement of amendments to section No. 1 and to section allowed to these applicants, since it is insured by constitutional provisions in every other case of vested rights. No other tribunal but the regular judiciary No.2. of the country can settle, to final satisfaction, these claims. We believe that the Mr. MAXEY. I will state that the :first amendment makes more passage of this bill would substantially remove the overwhelming labor which plain the purpose and design that the account shall be clearly stated by oppresses the Congress and the Executive with a work which can neither he ignored nor yet satisfactorily performed. the auditor before it can be allowed. The great mass of cases would still continue to be finally decided by the De­ It is simply the claim of a postmaster who had been robbed of certain partment of Interior, which, notwithstanding the imperfections inherent in the money-order funds, stamps, and postal funds. The proof was entirely system, is able to adjudicate satisfa.ctorily:upon claims under the pension Jaws; but something must be done to provide for those who now come to Congress satisfactory to the committee ofthe Senate, the committee of the House, for relief, and in most cases with righteous demands, under the general laws, and the conference committee, that the funds had been lost without which they have not been able to establish to the satisfaction ofthe Department any fault or negligence on the part of the postmaster. The trouble which is compelled to try their causes under every embarrassment and difficulty surrounding the forms of investigation and the formation of just conclusion in with the conferees on the part of the Senate was, that acting as we had the premises. nlways done, we were not disposed ever to allow for money-order funds lost under any state of case. But the action of this body and the action The PRESIDENT pro tempm·e. The Senator from New Hampshire of the other House upon like cases coming from other Departments of moves tliat the Senate proceed to the consideration of the bill. the Government where the equities were conclusive, satisfied us that Mr. BLAIR. I ask for the yeas and nays. we ought to yield to the action of the Honse in that regard. The yeas and nays were ordered. I will state that there was no question in the mind of any member Mr. BLAIR. Can I have a minute to say a word in regard to this of the conference committee on the part of the Senate or of the House bill before the vote is taken? that the claim was a just claim. It waS merely a question as to The PRESIDENT pro tempo1·e. The Senator from New Hampshire whether technically it ought to be allowed. We believed that the asks unanimous consent of the Senate to debate this bill. Ls there ob­ equities overrode the technicality, and we therefore agreed to the action jection? The Chair hears none. of the Honse. Mr. BLAffi. This is a bill which was reported without any minor­ The report was concurred in. ity report, and so far as I know, certainly at the time of action in the committee, without oppOsition. Its purpose is to remove, ifpossible, TRIAL BY JURY TO PENSION CLAIMANTEo the occasion for special legislation in regard to pension cases to such ex­ Mr. BLAIR. I move that the Senate proceed to consider Order of tent as is possible. The report sets forth most of.the facts, though not Business 1607, being the bill (S. 816) to give the right of trial by to the full extent that they exist at the present time in the history of jury to claimants of pensions, under the laws of the United States, this Congress, for the reason that the report was submitted several whose applications have been rejected by the Secretazy of the Interior months ago. Any one connected seriously, who has really anything to on appeal from the decision of the Commissioner of Pensions. do with the business of the Pensions Committee, and whose member­ The PRESIDENT pro tempore. The Senator from New Hampshire ship of that committee is not merely nominal, so far as its labor is con­ moves that the S~nate proceed to the consideration of the bill named cerned, will know very well that it is highly important that some by him. The question is on that motion. method be contrived by the wisdom of Congress that will give the op­ The question being put, it was declared that the motion was not portunity of adjudicating, in a satisfactory manner, the pension claims agreed to. which now come here, and mnst continue to come here for special legis­ Mr. BLAIR. I would like the question to be taken in a satisfactory lation. way. The existing ln.w contemplates that cases be prosecuted to a. final 1t1r. ALDRICH. I ask that the title of the bill be again read. decision by the Secretary of the Interior. The cases which come to The PRESIDENT pro tempore. The title of the bill will-be read. Congress arising under the general laws comprise, as I think, at least The Chief Clerk read the title of the bill. four-fifths of all tho:le that we are called upon to act upon at all. If Mr. ALLISON. Let the bill be reported in full. we could give to these parties in their own vicinity, where they live, The PRESIDENT pro tempore. The bill will be read. the opportunity of trying their cases over again at their own expense, The Chief Clerk read the bill. as the bill leaves them to do, if at all, by the action of the district The PRESIDENT pro tempore. The Chair will again put the ques­ court, either the decision of the judge or au auditor, or a jury, if the tion on the motion to proceed to the consideration of the bill. [Put­ party choose to ask for a jury, it would relieve Congress entirely of this ting the question.] The noes appear to have it. class of applications, for there would be no use remaining for comine; Mr. BLAIR. I ask for the yeas and nays, and I wish to make a to this body. Where a man can get his jury trial and his adjudication statement in regard to this bill; or I would like, as the report of the by the laws of the land, in accordance with the procedure of the com•

-. 1886. CONGRESSIONAL RECORD-SENATE. 245 mon law, he ought to besatisfied and would be satisfied, and it would So fur as the matter of expense 1s concerned, the Government pays no be a sufficient answer to such a man coming to Congress· to say to him: expense whatever of the pensioner in any case. If be can prosecute his ''Apply to the court in your own vicinity, and abide the action of a jury claim here in Washington, a distance sometimes of three or four thou­ of your own neighbors. '' sand miles from home, at his own expense, it seems that he might, with It is with this view that this bill is devised. Of course there would the assistance of all the evidence which this bill provides shall be trans­ be still remaining special cases that arise out&de of general laws which mitted to the local tribunals, be able to prosecute _his claim there ns come here on petition; but the great mass of the work which now em­ well as here. The matter of expense certainly is much less for the man barrasses the committee and which does notal ways result satisfactorily to try his case at home than here before Congress at Washington. If to the claim:lnt, and which is also attended with great sacrifice of time he has not such a case that he can get a verdict of a jury with the gen­ and great labor and great expense to the claimant, or at least usually eral popular sympathy with such claims, it is fair to oonclude that he so, would be obviated. ou~ht not to have his pension. If he can do so, then he acquires his I am entirely at a loss to conceive of any rational opposition that can right to the same judgment that is decisive of the right of a citizen in be made to a bill of this kind. Senators who have served upon the com­ all other cases whatever. mittee and who knowsomethingof tbeworkthat is placed upon them, I hope the Senate will take up the bill and proceed with its consid~ and the manner in which it has to be done, if done at all, will, I think, ~~~ . . appreciate the necessity of some legislation of the kind that is here at­ 1t1r. HOAR. I desire to make a suggestion in regard to what has tempted. If better legislation can be devised, it may be suggested in fallen from the Senator from Rhode Island. It seems to me that a bill debate; but upon the question of consideration, it seems to me, the of this importance ought not to be taken up if it is reported by a ma­ Senate ought to be agreed. Something should be done, and. I do not jority of a committee, when all the members of that conimittee but one know any better opportunity of taking up the. bill than now. If action are absent, because the absent members certainly would desire to be is to be had it must go to the other House, and the soone1· we get it heard on so important a·matter." I therefore suggest that we have unan­ there before the holidays the better. imous consent to take up the bill and recommit it to the Committee on Mr. EDMUNDS. Mr. President--- Pensions, and the Senator from New Hampshire can report it back at The P~ESIDENT pro tempore. The Senator from Vermont asks the any time. That will dispose of it. I understand that to be satisfac­ unanimous consent of the Senate to be allowed to debate this question. tory to my friend from Rhode Island. · Is there objection? The Chair hears none. · Mr. BLAIR. I want to make some progress in some way; ancl so I Mr. EDMUNDS. Mr. President, I have gone with my friend from will agree to that. . New Hampshire firmly and gladly in favor of every just pension pro­ The PRESIDENT pro tempm·e. The Senator from New Hampshire vision, either general or particular as to particular cases; but my beliet asks unanimous consent of the Senate that the bill may be considered is that this bill will be injurious to pension claimants as well as to public at this time with a view to its reference to the Committee on Pensions. interests, and therefore I shall vote against taking it up at all. It is Mr. HARRIS. Taken up and recommitted to the Committee on impracticable in my judgment. The claimant will be eaten up with Pensions, as I understand the Senator from :Massachusetts. costs and expenses and arrangements with his laWYers, even if he suc­ Mr. HOAR. That"is it. ceeds. A jury, in my opinion, is not the proper and fit tribunal.to try The PRESIDENT pro tempm·e. The Chair will put it in that form. questions of that kind, because in order to do justice to all soldiers and Is there objection to that suggestion? The Chair hears none. The pensioners you must have a perfectly impartial means of deciding them, bill is before the Senate, and is now recommitted to the Committee on and· not gQ by-neighborhood sympathy. That is due to all the soldiers Pensions. ·The Calendar is now in order. The first case on the Cal­ and their widows. endar will be stated. In the next place, my belief is that if we pass this bill a great REAR-AD::UIRAL CARTER. many more cases will be rejected at the Pension Office and by the Sec­ retary of the Interior on appeal than are now, because the natural The bill (S. 729) for the relief of Rear-Admiral Carter was announced feeling will be ''this claimant has the right to try this over again be­ asfustinorder, and the Senate, asin Committee of the Whole, proceeded fore a jury, and, while if it were left to us finally we should take the to consider it. It provides for the payment to Rear-Admiral Samuel utmost care to scrutinize it · and give him the benefit of every fair P. Carter, of the Navy, of the pay and compensation of a rear-admiral doubt, we will just reject it and let him try it.'' on the retired-list from and ~r the date of his promotion on the Therefore, as it seems to me, with great respect to my friend from retired-list to the rank of rear-admiral. New Hampshire, it is a bill injurious to the interests of the people Mr. EDMUNDS. Let us hear the report. whose welfare I know he h~ so much at heart, and I hope I have aLQ(), The Secretary read the following report, submitted by Mr. BLACK- and I shall. vote against taking it up. . BURN December 15, 1886: · Mr. ALDRICH. .Ai; a .member on the Committee on Pensions, I de­ The Committee on Naval Affairs, to whom was referred the bill for the 1·elief of Rear-Admiral S. P. Carter, submit the following report: sire to say that if the bill is taken up I shall move that it be recom­ ThiR is an anomalous case. Soon after the beginning of the late war (in .July, mitted to that committee. I presume that it is reported by or~er of 1861), S. P. Carter, then a lieutenant in the United States Navy and a citizen of the committee, although three members of the committee, all the Tennessee, was detached by the Secretary of the Navy and ordered to report to Ron. Simon Cameron, then Secretary of War, for special duty, and was by him members who are now present except the ge~tleman who is acting as directed to proceed to East Tennessee and organize and drill volunteers to be chairman, are opposed to the bill. If no minority report was made called into the service of the United States. it isl>ecause the members of the committee did not know when the In September following he was made acting brigadier-general by General George H. Thomas, and placed in command of the East Tennessee Brigade, report was acted on, or tha~ it had been made. I believe that a ma­ which he (Lieutenant Carter) had organized. jority of the Committee on Pensions are _opposed to the bill because On May 1, 1862, he was commissioned brigadier-general of United States Vol­ they believe it would impose improper and unjust burdens on pension unteers. He served during the war, being in command of brigades and di­ visions (infantry and cavalry), rising to the rank of major-general. claimants, to say nothing about its other impra~ticable features. The records of the War and. Navy Departments show that he performed his :M:r. BLAIR. I have to say, in reply to the suggestion of my friend various duties with zeal and faithfulness. Early in 1866 he was honorably who last spok~, that if he failed to know the action of the committee mustered out of the military service and returned to his duties in the Navy. In 1881 he was retired as commodore, and in the following year was nominated it was not the fault of the committee. The matter came up and was by the President, and confirmed by the Senate, as rear-admiral on the retired reported by order of the committee in due form. . list. During his service in the Army he, of course, lost all opportunity of be­ So far as a motion to recommit is concerned, I have no objection to ing specially advanced in the Navy, as happened to numbers of his fellow­ officers. such a motion as that if the Senate shall see fit to make that dispo­ Believing, as the committee do, that it was not the intention of either the sition of the bill. President or Senate to confer a mere empty honor on this officer, whose whole But, with reference to the suggestions of the Senator from Vermont, record is so honorable, they, as an act of simple justice to him, recommend that I can see nothing more in them than might be made to the right of this bill do P~· jury trial in important interests between parties an

I regard it as a case of unquestioned hardship to the claimant. He in 18737 and since that time each branch of Congress has repeatedly was the owner in good faith of property in Nashville, Tenn., which he passed acts in favor of the claimant. The only fight that has been in shipped on a Government boat, believing that he was complying with this case up to this time in Congress has been on the new issue pre­ every regulation of the law, to Louisville, Ky., to be sold; the property sented of want of loyalty on the part of the claimant. That question was libeled, and on account of his failure to comply with a technical was not raised against him in any United States court; that question regulation of the Treasury Department at the time, the property was was not coiLSidered in the court at Louisville. Upon that side issue, seized by the Government, and the proceeds went into the Treasury of which has been raised since the trial, the case has been delayed for the United States. It seems tome to be proper that his money should years and years, and, as I believe, gross injustice has been done an hon­ be restored, and I hope the Senate will concur in that view. est man, who has a claim for which he ought to have been compensated Mr. HOAR. The members of the committee differed upon the by the United States Government years ago. merits of this case. A majority of the committee thought that upon The PRESIDENT pro tempoYe. Shall the bill be engrossed for a the facts it was a meritorious case. A minority thought it was not. third reading ? I do not propose to go into the discussion of that question at this Mr. . HOAR. I nsk for t,he yeas and nays. moment, but I should like to ask the attention of the Senate to one The yeas and na.ys were ordered, and the Secretary proceeded to call view of this matter. the roll. The law unquestionably made the act which the claimant committed :Mr. JONES, or Arkansas (when Mr. BERRY'S name was called). penal, and there is no question whatever that the claimant was prop­ I am generally paired with the Senator from Indiana [Mr. HARRISON], erly convicted and fined, and he paid his fine. . The law in those cases but as he is absent I take the responsibility of transferring the pair provided an ample remedy, to wit, that where it was claimed that there and announcing the pair of my colleague [Mr. BERRY] with the Sen­ was a mere technical violation of the law the judge of the district ator from Indiana [Mr. HARRISON]. cou,rt should report the facts to the Secretary of the Treasury and the Mr. KENNA (when his name was called). I am paired on all ques­ Secretary of the Treasury should hear the case and determine whether tions with the Senator from ·New York [?Jfr. MILLER]. I should vote it was a fit case for a remission of the penalty. That was done. The "yea" if he were present. judge of the court, Judge Ballard, reported the facm. There was a The roll-call was concluded. careful hearing by Mr. Secretary Chase, and he, afterward Chief-Justice Mr. MAXEY. My colleague [Mr. CoKE] is absent, sick. He is of the United States, held that upon the facts it was not a proper case paired with the Senator from Kansas [Mr. PLUMB]. for remitting the penalty. Mr. KENNA. My pair with the Senator from New Y~rk [Mr. Now, more than twenty years afterwards, the claimant cozpes to MILLER] is transferred to the Senator from Kentucky [Mr. BLACK­ Congress for a reconsideration of that decision of the Secretary of the BURN]. I vote "yea." 1886. CONGRESSIONAL RECORD-SENATE. 247

Mr. MANDERSON. My pair with· the Senator from Kentucky within three years from the same date, aU rights and privileges granted by \hi act sha.ll be forfeited and cease. [Mr. BLACKBURN] having been transferred I am at liberty to vote. The result was announced-yeas 26, nays 15; as follows: The amendment was ag:reE'Jl to. The bill was reported to the Senate as amended, and the amendments YEAS-26. were concuned in. Beck, Gorman, Maxey, Spooner, The bill was ordered to be engrossed for a third reading, read the Ca.ll, Hampton, Mitchell of Pa., Vance, third time, and passed. Cameron, H.arrJS, Morgan, · Vest, Colquitt, Jones of Ark.ansa.s, Payne, Waltha.ll. BRIDGE .ACROSS SAINT LOlJIS RIVER. Conger, Kenna., Pngh, Wilson of 1\Id. Eustis, McPherson, Ransom, Mr. McMILLAN. I am instructed by the Committee on Commerce Gibson, Ma.ndenron, Sa.~bury, to report favorably with amendment the bill (H. R. 9987) to construct NAYS-15. a bridge in Minnesota, and I ask for its present consideration. It is a Aldrich, Frye, Ingalls, Sherman, House bill that was passed there at the last session. We have passed Allison, George, 1\Iorrill, Stanford, a bill of the same character heretofore. Cullom, Hawley, Platt, Wilson of Iowa. Dawes, Hoar, Sawyer, By unanimous consent, the Senate, as in Committee of the Whole, pro­ ceeded to consider the bill (H. R. 9987) to authorize the construction ABSENT-35. of a bridge across the Saint Louis River at the most ac~ible point Berry, Cockrell, Jones of Florida., Riddleberger, Blackburn, Coke, Jones of Nevada., Sabin, between the States of :Minnesota and Wisconsin. Blair, Dolph, Logan. Sewell, M.r. McMILLAN. There are some formal amendments reported. Bowen, Edmunds, McMillan, '.reller, The PRESIDENT pro tempore. The amendments will be stated. Brown, Evarts, 1\Ia.hone, VanWyck, Butler, Fair, :!\-filler, Voorhees, The first amendment of the Committee on Commerce was, in section Camden, Gray, Mitchell of Oreg., Whitth01·ne, 3, line 1, after the word "that," to strike out the word "if; " and after Chace, Hale, P a lmer, Williams. the words ''shall be,'' at the end of line 1, to strike out ''constructed Cheney, Harrison, Plnmb, as a draw-bridge and shall be;" so as to read; So the bill was ordered to be engro3Sed for a third reading. SEc. 3. That any bridge built under this act shall be constructed as a pivot draw-bridge, with a draw over the main channel of the river at an accessible The bill was read the third time, and passed. and the best navigable point, and with spans of not less than llO feet in length MESSAGE FROM THE HOUSE. in the clear on each side of the central or pivot pier of the draw. A message from the House of Representatives, by 1\Ir. CLARK, its The amendment was agreed to. Clerk, announced that the House had passed the bill (S. 1333) for the The next amendment was, in section 5, line 5, before the word relief of William H. Randle, of Nashville, Tenn. "charge," to insert the word "greater;" so as to read: Sxc. 5. That any bridge and accessory works, when built and constructed The message also announced that the House had passed the bill (S. under this act and according to the terms and limitations thereof, sb.all be a law­ 54) to provide for the allotment of lands in severalty to Indians on the ful structure; and said bridge shall be recognized and known as a post-route, various reservations and to extend the protection of the laws of the upon which also no greater charge sb.aU be made for the transmission over the United States and the Territories over the Indians, and for other pur­ same of the mails, the troops, and munitions of war of t.he United Saa.tes than the rate per mile paid for the transportation over the railroads o~ public high­ poses, with amendments; in which it requested the concurrence of the ways leading to sa.id bridge, &c. Senate. The amendment was agreed to. ENROLLED BILLS SIGNED. The bill was reported to the Senate as amended,. and the amendments The message further announced that the Speaker of the House had were concurred in. signed the following enrolled bills; and they were thereupon signed by The amendments were ordered to be engrossed, and the bill to be the President pro tempore: read a third time. · A bill (S. 830) for the retirement of certain officers of the Navy of The bill was read the third time, and passed. the United States; Mr. McMILLAN. I move that the Senat-e insist on its amendments, A bill (S. 1526) amending sections 4756 and 4757 of the Revised and ask for a conference with the House of Representatives thereon. Statutes relating to pensions to certain disabled persons who have served The motion was agreed to; and, by unanimousconsent, the President in the Navy or Marine Corps; pro tempore was authorized to appoint the conferees on the part of the A bill (H. R. 2013) for the relief of Myron E. Dunlap; and Senate, and Mr. McMILLAN, Mr. CoNGER, and Mr. VEST were ap­ A bill (H. R. 6489) granting a pension to Mrs. Barbaro Fuchs. pointed. BRIDGE AT l!EliPHIS, TENN. LANDS IN SEVERALTY TO INDIANS. Mr. DAWES. May I ask the indulgence of the Senate for a mo­ Mr. HARRIS. I ask unanimous consent that the Senate proceed at ment to have the bill which has just been received from the House of this time to the consideration of Order of Business 1563, being the bill Representatives printed with the amendments of the House inserted in (S. 2516). their proper place and then referred to the Committee on Indian Affairs? The PRESIDENT pro tempo1·e. The Senator from Tennessee moves The PRESIDENT pro tempore. The Senator from Massachusetts that the Senate proceed to the consideration of the bill named. moves that the bill (S. 54) to provide for the allotment of lands in Mr. WILSON, of Iowa. What is the bill? severalty to Indians on the various reservations and to extend the pro- The PRESIDENT pro tempore. The title of the bill will be stated. . tection of the Jaws of the United States and the Territories over the The CHIEF CLERK. "A bill (S. 2516) to authorize the construction Indians, and for other purposes, just received from the House of Rep­ of a bridge across the Mississippi River at Memphis, Tenn." resentatives, be printed with the amendments of the House and referred The PRESIDENT pro tempore. The question is on the motion to take to the Committee on Indian Affairs. That order will be made if there up the bill. , be no objection. The motion was agreed to; and the Senate as in Committee of the BRIDGE OVER CUl\IBERLAND RIVER. Whole proceeded to consider the bill. The bill was reported from the Committee on Commerce with amend­ Mr. CONGER. I desire at this time to report back from the Com­ ments. mittee on Commerce a bill (S. 2958) to give the assent of Congress to I .The first amendment was in section 3, line 2, after the word ''spans,'' the construction of a free bridge by the county of Davidson, Tennessee, to insert the word "the;" after the word "two," in the same line, to over the Cumberland River, with two amendments; and I am requested insert "n:p.ddle or channel; " in line 3, before the word "hundred," to ask for its consideration now, in order that the county may, within to strike out ''five '' an(l insert '' six; '' in the same line, after the the time limited by the bill, make its arrangements for the construc­ word "hundred," to strike out "and fifty;" after the word "than," tion of the bridge. in line 4, to strike out "three hundred " and insert " four hundred The PRESIDENT p1·o tempore. The Senator from Michigan asks and fifty; " in line 5, after the word " feet," to insert "in length; " the unanimous consent of the Senate to proceed to the consideration of in line 6, after the word "least," to strike out "sixty-fixe " and insert this bill, just reported, at this time. Is there objection? "seventy-five;" and in line 22, after the words "United States," to There being noobjection, the Senate, as in Committee of the Whole, strike out "in which" and insert "within whose jurisdiction; " so as proceeded to consider the bill. to make the section read: The first amendment reported by the Committee on Commerce was, SEC. 3. That said bridge shall be made with unbroken and continuous spans. in section 3, line 35, after the word ''Tennessee," to strike out ''in The two middle or channel spans thereof shall not be less than 600 feet in which any portion of said obstruction or bridge may be located;" so length in the clear, and no span shall be less than 450feet in length in the clear. as to read: The lowest part of the superstructure of said bridge shall be at least 75 feet above extreme high-water mark, as understood at the point of location, and the And in case of any litigation arising from any obstruction or alleged obstruc­ bridge shall be at right angles to and its piers parallel wUh the current of the tion to the free navigation of said river caused or alleged to be caused by said river. No bridge shall be erected or maintained under the authority of this act bridge, the case may be brought in the circuit court of the United St.ates of the which ·shall at any time substant iAlly or materially obstruct the free navigation middle district of Tennessee. of said river; and if any bridge erected under such authority shall, in the opin~ The amendment was agreed to. ion of the Secretary of War, obstruct such navigation, he is hereby author12·.ed to cause such change or alteration of said bridge to be made as will effectU&llY The next amendment was, at the end of section 4, to insert: obviate such obstruction ; and all such alterations shall be made and all such .And provided Jurtl~er, That unless the construction of said bridge sb.all be com­ obstructions be removed at the expense of the owner or owners of said bridge; menced within one year from the date of the passage of this act and completed and in case of any litigation arising from any obstruction o~ alleged obstruct-ion 248 CONGRESSIONAL RECORD-SENATE. DECEMBER 17,

to the free navigation of said riv~r, ~usedoralleged· to.becausedby_sai.d bridge, I 1\.fr. RANSOM. I am paired with the Senator from Illinois [Mr. the case may be brought in the cJ rcmt court of the Umted States w1thin whose LOG AN] · ~ ti Th. t · to b t t• jurisdiction any portion of said obst.ruction or !lridge may be located: Provided on f~r.,..J qu~ ODS. IS n~ s~enung e a par Yques 10n, further, That nothing in this act shall be so construed as to repeal or modify I shall vote yea," if there be no ObJection. any.of ~he pro~isions of law now e~isti~g in reference to the. protection of the Mr. ~IcMILLAN. My colleague [Mr. SABIN] has been called from nav1gatlon of rn·ers, or to exempt this bridge from the operation of the same. the city for a short time. He is paired generally with the Senator The amendment was agreed to. from -West Virginia. [Mr. KENNA]. Both Senators are now absent The next amendment of the Committee on Commerce was in section from the Chamber. I am not prepared to say how the Senator from 7:l~ne.16, after." l!ni_te~ St~~~'" .to strike out "in whic,~" ~,nd ins_ert West Virginia would vote. My colleague would Y"ote "nay," as I am . Withm whose Jurisdiction; m line 18, after the word of, to str1ke informed if present out ''the cost thereof' 1 and insert ''the amount so expended by the 1\fr. CALL. I ~h to ask if there is not some Senator on the other ~ov~rnment and all costs of such proceedings ; " so as to make the sec- side paired wfth my colleague [Mr. .JONES, of Florida], who is absent? t10n read : The PRESIDENT pro tempore. The reading of the names will pro- Sxc. 7. That it shall be the dutyofthe Secretary of War, on satisfactory proof ceed. · that a necessity exists therefor, to require the company or pe.rsons owning said Mr. RANSO~I. I have .J· ust beard from some friends of the Senator bridge to cause such aids to the passage of said bridge to be constructed, placed, and maintained, at their own cost and expense, in the form of booms, dikes, from Illinois [Mr. LoGAN] that I am regarded as paired with him on piers, or other suitable and proper structures for the guiding of rafts, steam- this question. I am ready to withdraw my vote. I voted in the affirm- boats and other water-craft safely through the passage-way, as shall be specified t• H "th th t f th S to f Till · [Mr in his order in that behalf; and on failure of the company or persons aforesaid a Lve. owever, WI e consen o e ena r rom noLS • to make and establish such additional structures within a reasonable time, the CULLO:u:], I will transfer the pair to the Senator from Florid:lo [Mr. said Secretary shall proceed t.o cause the same to be built or made at the ex- .JONES J and let my vote stand. pense of the United StateR, and shall refer the matter without ·delay to the At- ,,.._ CULLOM I h b" t• to th t ·f th S t f torney-General of the United States, whose duty it shall be to institute, in the · J.Ju. • ave no 0 ~ec tOn a 1 e ena, or rom name of the United States, proceedings in any circuit court of the United States Florida is not paired with any one else. within whose jul"isdiction such bridge or any part thereof is located, for there- The 1·esult was announceu-yeas 30, nays 22.; as follows: covery of the amount so expended by the Government and all costs of such pro- ceedings; and all moneys twcruing from such proceedings shall be covered mto · YEAS-30. the Treasury of the United States. Beck, Eustis, Ingalls, Vance, The amendment was agreed to. Berry, George, :i\Iaxey, V.est, Blackhtll'n, Gibson, l\:litchell of Ore~ .• Voo-rhees, The next amendment of the Committee on Commerce was, after sec­ BuUm·, Gorman, 1\Iorgan, Walthall, tion 7, to add: Call, Gray, Payne, Whitthorne, Sxc. 8. That if the construction of the bridge hereby authorized shall not be Chace, Hampton, Pugb, Witson of l\lcl. commenced within one year from the time this act takes effect, and be completed Cock.J·ell, Harris, .Ra.nsom, within four years after the same date, then this act shall be void, and all rights Colqllltt, Hoar, l'iaulsbury, hereby conferred shall cease and determine. NAYs-22. The amendmant was agr~ed to. AIUrich, Dolph, l\Ianderson, Spoone1·, The nex.tamendmcnt of the Committee on Commerce was, after sec- Allison, ,11:;dmund3, Mitchell of Pa., Stanford, Blab·, Frye, Morri11, Williams, tion 8, to add: · Cameron, Jlale, Platt, ·wilson of Iowa. SEc. 9. Thnt nn act entitled "An a-ct to authorize the construction of 1\ bridge Cheney, Hawley, Sawyer, n..cross the Mississippi River at Memphis, Tenn.," approved February26, 1885, be, Conger, McMillan, Sherman, nnd the samo is hereby, repealed. ABSENT-24. The amendment was agreed to. no wen, E,·1uts, Kenna, Plumb, The bill was reported to the Senate as amended, and the amendments Brown, Fair, -l-ogan, Riddlebergcr, were concurred in. a Camden, Harrison, McPherson, Sabin, Coke, Jones of Arknnsas, l't:Iahone, Sewell, The bill was ordered to be engrossed for a third reading, read the Cullom, Jones of Florida, Miller, Teller, third time, and passed. Dawes, Jones of Nevad:1., Palmer, VanWyck. TENURE-OF-OFFICE ACT REPEAL.ED. So the bill was passed. The PRESIDENT pro te111pore. The unfinished business of yester- day is now before the Senate. _ RAILROAD A'ITORNEYS. The Senate, as in Committee ofthe Whole, resumed thecon!'!ideration The PRESIDENT pro lem.pore. The Chair Jays before the Senate th~ of the bill (S. 512) to repeal certain sections of the Revised Statutes next special order, which is the bill (S. 2578) ~o prohibit members of re1a:ting to the appointment of civil officers. Congress from acting as attorneys or employ~ for railroad companies .The bill was reported to the Senate without amendment. holding charters or having I'eceived grant of land.s_or pecuniary aid Ji·om The PRESIDENT pro tempore. The question is on the engrossment the United States. and third reading of the bill. Ur. BECK. Perhaps the Senator from Massachusetts [Mr. HOAR] Mr. CALL. Let the bill be 1·ead. is better advised than I am; but the evening before last the Senator The PRESIDENT pro tempo1'e. The bill will be read again. from New York [Mr. EVARTS] came to me and requested that I should Mr. CALL. I withdraw the call. I understand it. not press the passage of the bill to-day, because he was compelled to be The bill was ordered to be engrossed for a third reading; aml was read absent and desired to speak. I said I would not, but that he hau bet~ the third time. ter see the Senator from Massachusetts. The PRESIDENT pro tempore. The question now is on the passage Ur. HOAR. I should not myself call the bill up in the absence of ofthe bill. the Senator from New York, who desires to address the Senate upon it. Mr. DOLPH. On that I call for the yeas and nays. Is it now before the Senate? The yeas and nays were ordered, and the Secretary proceeded to call The PRESIDENT pro temp01·e. It is now before the Senate. the roll. Mr. HOAR. I should like to retain it before the Senate for a mo­ :Mr. GORMAN (wh~n Mr. l\fcPHERSos's name was called). The ment so far as to say that, while I stand upon record as h..wing reported Senator from New .Jersey· [Mr. McPHERSON] is paired with his col­ the amendment of the Committee on the .Judiciary, my views are rep­ league (.Mr. SEWELL]. ltfr. McPHERSON would vote "yea" if present. resented by the amendment which I myself offered in t,he Senate, which Mr. CONGER (when Mr. PALMER'S name was called). My col­ is in print, and at the proper time before taking the question on the league [Mr. PALMER] is nece...<;Sarily absent. He was paired with the substitute reported by the .J ndiciary Committee I shall move to perfect Senator from North Carolina [Mr. VANCE], but that pair has been tran.s­ the bill of the Senator from Kentucky by the amendment which I of­ fened to the Senator from Nevada [Mr. FAIR]. My colleague is now fered, which confines its provisions to the acting as attorneys for cert.ain paired with the Senator from Nevada. If he were present, my col­ railroads, and confines it to what I deem the constitutional limit of the league would vote "nay." authority of legis1ation and to the cases where there may be some danger l\Ir. PLUMB (when his name was called). On this question I am of abuse. paired with the Senator from Te·xas (Mr. COKE]. If he were present With that explanation I leave the subject for the present. he would vote "yea" and I should vote·"nay." Mr. EDMUNDS. Mr. President, of course it is proper and faiL' to The roll-call was concluded. the Senator from New York who desires to be heard on this bill and is J\fr. UAXEY. My colleague [11fr. CoKE] is confined to his room by necessarily absent that it should go over, and I have not the least objec­ sickness. If present, he would vote "yea." He is paired with the tion to its going over, retaining its place as a special order; but I think Senator from Kansas [Mr. PLUMB], who would vote "nay." it right, now that the matter is before the Senate, to say to my friend from :l!Ir. JONES, of Arka.nsas (after having voted in the affirmative). I Kentucky that in his observations the other day about the .Judiciary am paired generally with the Senator from Indiana [Mr. HARRISON]. Committee and its cha_irman, he, without intending it, did me a per­ I observe that he is not in his seat. I voted inadvertently. I with­ sonal injustice in respect to any amendment to his bilL draw mv vote. My desire in the committee was (if I may state it, and perhaps· I Mr. COLQUITT. I wish to announce that my colleague [Mr. may without objection) that the proposition of the Senator from Ken­ BROWN], who is absent on acconnt of sickness, is paired with the Sen­ tucky should be taken just as he wished it to be taken, as it stood, ator from Illinois [Mr. Cuu~mr] on this bill. and I thought the bill ought to be reported adversely without under­ Mr. CULLOl\I. I am paired with the Senator from Georgia [Mr. taking to put it on a footing where it might be constitutional and BROWN]. proper; and so he did me an injustice, without in the least knowing

·. 1886.-- . CONGRESSIONAL RECORD-HOUSE. 249 it or meaning it, I am sure, in saying that the chairman of the com­ NAVAL PAY DIRECTOR. mittee had been a party to or concerned in any way in putting the bill . Pay-Inspector Rufus Parks, a resident of New York, to be a. pay­ into ita present shape. . director in the Navy, from the lOth August, 1886. That is all I wish to say at this time, and I ask now that this bill may go over, retaining ita place as a special order until the Senator NAVAL INSPECTOR. from New York can get back. Paymaster James E. Tolfree, a resident of New York, to be a pay- The PRESIDING OFFICER (Mr. JoNES, of Arkansas, in the chair). inspector in the Navy, from -fhe lOth August, 1886. · If there be no objection, that will be taken as the order of the Senate. NAVAL PASSED ASSISTANT PAYMASTER. The next special order will be stated. · Assistant Paymaster John Corwine, a resident of.Ohio, to be passed 1\IILITABY SITE ON LAKE 1\UCHIGA..N. assistant paymaster in the Navy, from the 2d November, 1885. The joint resolution (S. R. 78) authorizing the Secretary of War to Exeeutive nominations conji'l·nted by tlte Senate, December 17, 1886. accept certain lands, &c., near Chicago, Dl., was announced as the next special order on the Calendar. .COLLECTOR OF CUSTOl'IS. Mr. CULLOM. That is a measure introduced by my colleague [Mr. Quincy A. Brooks, of Oregon, to be collector of customs for the dis­ LoGAN] who has been detained at home by severe illness for the last trict of Poget Sound, in the State of Oregon and Territory of Wash- few days, and I ask that it go over retaining its place as a special or­ ington. · der, as I desire that my ·colleague shall be here when it is considered. Charles A. Ward, of Michigan, to be collector of customs for the dis­ The PRESIDING OFFICER. Such will be the order of the Senate trict of Huron, in .the State of Michigan. if there be no objection. The ne~t special order will be stated. NEW ORLEANS, BATON ROUGE .AND VICKSBURG RAILROAD GRANT. The bill (H. R. 3186) to declare a forfeiture of lands granted to the HOUSE OF REPRESENTATIVES. New Orleans, Baton Rouge and Vicksburg Railroad Company, to con­ firm title to certain lands, and for other purposes, was announced as the FRIDAY, December 17, 1886. next special order on the Calendar. Mr. McMILLAN. · Was not that fixed for another day? The House met at 12 ·o'clock m. Prayer by the Chaplain, Rev. W. Mr. INGALLs. On whose motion was that assigned as a special H. MILBURN, D. D. order? The Journal of the proceedings of yesterday was read and approved. The PRESIDING OFFICER. The Chief Clerk informs the Chair CLERICAL FORCE IN LAND OFFICE. that this was made a special order for next Monday. There was a The SPEAKER laid before the House a letter from the Acting Sec­ mistake in announcing it now. The regular special order next in order retary of the Treasury, transmitting, with letters from ~e Secretary will now be announced. of the Interior, additional estimates for clerical force in the General STEAMBOAT INSPECTOR AT DULUTH. Land Office; which was referred to the Committee on Appropriations, and ordered to be printed. Mr. McMILLAN. As there seems to be no order of business before the Senatejnst now, I askthattheSenatetakeup the bill (H. R. 3504). IRON PLATES FOR PENSIOX OFFICE BUILDING. It is a bill relating to a locality in my State that will not require any The Speaker laid before the ·House a letter from the Acting Secre­ discussion. tary of the Treasury, transmitting a letter from the Secretary of the In­ Mr. EDMUNDS. What is the subject? terior, with inclosures, submitting the account of the Pittsburgh Bridge Mr. McMILLAN. Authorizing the appointmentofalocalinspector Company for iron plates furnished for the Pension Office building; which of hulls and boilers at Duluth. was referred to the Committee on Appropriations, and ordered to be The PRESIDING OFFICER. The Senator from Minnesota moves printed. to take up the bill, the title of which will be stated. ANNEX TO ARl\-IY MEDICAL MUSEUM. The CHIEF CLERK. A bill (H. R. 3504) to amend section 4414 of the The Speaker also laid before the Honse a letter from the Secretary Revised Statutes, relating to inspectors of hulls and boilers. of War, transmitting a letter from·theSurgeon-Generalrecommending Mr. EDMUNDS. Let it be read at large for information. an amendment to the sundry ch·il appropriation bill making an ap­ The bill was read, as follows: propriation for an annex to...the Army Medical :Museum and Library; . Be it enact-ed, &:c., That section 44U of the Revised Statutes is hereby runended by inserting, after the word "Sa.'\"anna.h," in the second line of the sixth para­ which was referred to the Committee on Appropriations, ·and ordered graph of said section, the words "Duluth, Minnesota." to be printed. Mr. McMILLAN. This is a House bill which has been reported fa­ J:NDEBTEDNESS OF VERYONT FOR ARMS vorably by the Treasury Department and also by the Senate Commit­ The·SPEAKER also laid before the H-ouse a letter from the Attorney­ tee on Commerce. General, transmitting a letter from the Secretary of War, with in­ Mr. EDMUNDS. I have no objection to its consideration or passage. closures, relati.D.g to the alleged indebtedness of the State' of y ermont The PRESIDING OFFICER. The question is on the motion of the for arms furnlshed by the Government in the years 1863 and 1864, Senator from Minnesota to take up the bill. · which was referred to the Committee on the Judiciary, and ordered to be The motion was agreed to; and the Senate, as in Committee of the printed. Whole, proceeded to consider the bill. LEAVE OF ABSEXCE. The bill was reported to the Senate without amendment, ordered to By unanimous consent, leave of absence was granted as follows: a third reading, and read the third time. To Mr. WARNER, of :Missouri, for five days, on account of important Mr. CALL. I should be glad to hear the Senator who 1·eported that business. bill to state the changes-made by it in the law. To Mr. GALLI ~GER, indefinitely, on account of sickness in his !i:r. McMILLAN. It merely creates an inspector of hulls and boil­ family. ers at Duluth, Minn., on Lake Superior. ROSANNA. FL.A.HIFF. The bill was passed. EXECUTIVE SESSION. The SPEAKER also laid before the House the following request: 11Ir. B"n."'UM asks unanimous consent that the Committee of the 'Vhole House Mr. EDMUNDS. I mov9 that the Senate proceed to the considem­ be discharged from the further considerat-ioiJ. of House bill No. 571, for the relief tion of executive business. of Rosanna. Flabiff, and that the same be recommitted t~ the Committee on The motion was agreed to; and the Senate proceeded to the consid­ Invalid Pensions. eration of execiltive business. After five minutes spent in executive There being no objection, it was ordered accordingly. session the doors were reopened; and (at 2 o'clock and 30 minutes AMENDJIENT OF REVISED STATUTES. p. m.) the Senate adjourned until Monday, December 20, 1886, at 12 o'clock m. Mr. BLOUNT, by unanimous consent, introduced a bill (H. R. 10240) to amend section 3342 of the Revised Statutes; which was read a :first CONFIRMATIONS. and second time, referred to the Committee on Ways and Means, and ordered to be print-ed. Executive nominations confirmed by the Senate, Decembe1· 15, 1886. CIDEF NAVAL CONSTRUCTOR. Al\IERICAN LOSSES, ETC., IN CANADIAN FISHERIES. Naval Constructor Theodore D. Wilson, a resident of New York, to Mr. BELMONT, by unanimous consent, introduced a bill (H. R. be Chief of the Bureau of Construction and Repair and Chief Con­ 10241) for the appointment of a commission to investigate concerning structor in the Department of the Navy, with the relative rank of losses and injuries in:flictedsinceDecember 31, 1885, upon United States commodore. citizens engaged in the British North American :fisheries; which was NAVY P A Y:MASTER-GEYERAL. read a first and second time, referred to the Committee on Foreign Affairs, and ordered to be printed. Pay-Director James Fulton, a resident of Tennessee, to be Chief of the Bureau of Provisions and Clothing and Paymaster-General in the ENROLLED BILLS SIGNED. Department of the Navy, with the relative rank of commodore. Air. FISHER, from the Co:nmitteeon Enrolled Bills, reported that the 250" CONGRESSIONAL RECORD-· HOUSE. DECEMBER 17, committee had examined and found truly enrolled bills of the follow­ Mr. OATES. Was the report unanimous? ing titles; when the Speaker signed the same: Mr. JOHN M. TAYLOR. It was. A bill (S. 1526) amending sections 4756 and 4757 of the Revised There was no objection; and the Committee of the Whole House was Statutes, relating to pensions to certain d.isabled persons who have discharged from the further consideration of the bill, and it was ordered served in the Navy or Marine corps; _ to a third reading; and it was-accordingly read the third time, and A bill (S. 830) for the retirement of certain officers of the Navy of passed. the United States; Mr. JOHN M. TAYLOR moved to reconsider the vote by which the A bill (H. R. 2013) for the relief of Myron E. Danlap. bill was passed; and also moved that the motion to reconsider be laid E. B. DAWSON. on the table. The latter motion was agreed to. Mr. PHELPS. I ask unanimous consent that the Committee of the The SPEAKER. The bill (H. R. 5111) will be laid upon the table, Whole House be discharged from the further consideration of the bill if there be no objection. (H. R. 5326) for the relief of E. B. Dawson, and that it ~e now passed There was no o~jection, and it was ordered accordingly. . · with the amendment reported by the Committee on Claims. The sole object of the bill is to refund to a postmaster $66. 52, which was stolen ORDER OF BUSINESS. by burglars who broke open his safe. Mr. NEGLEY. I will take the floor, and yield to the gentleman from The bill was read, as follows: Ohio [Mr. ANDERSON] to call up a bill, which he will indicate. :Mr. ANDERSON, of Ohio, took the floor and sent up a bill to the Be it enacted, &c., That the Secret-ary of the Treasury be, and he is hereby, au­ thorized and directed to pay, out of any moneys in the Treasury not otherwise Clerk's desk to be read. appropriated, to E. B. Dawson the sum of $166.52, as relief for damages. sustained Mr. CANNON. I demand the regular order of business. by him through the breaking open of his safe and stealing therefrom the Gov­ _The SPEAKER. That amounts to an objection. ' ernment money, in April, 1883, while said Dawson was postmaster at Boonton, N.J. SUNDRY CIVIL APPROPRIATION BILL. There being no objection, the House proceeded to the consideration Mr. RANDALL. Let us have the l'egular order of business. of the bill. The SPEAKER. The regular order of business is the bill (H. R. The amendment reported by the Committee on Claims to strike out 10072) making appropriations for sundry civil expenses of the Govern­ in line 6 the words "one hundred and," so as to make the appropria­ ment for the fiscal year ending June 30, 1888, and for pther purposes, tion $66. 52, was agreed to. coming over from yesterday with the amendments reported from the The bill, as amended, was ordered to be engrossed .and read a third Committee of the Whole Honse on the state of the Union, and with time; and being engrossed, it was accordingly read the thbd. time, and the previous question ordered on the amendments and the engross­ passed. ment and third reading of the bill Is a separate vote demanded on Mr. PHELPS moved to reconsider the vote by which the bill was any amendment? passed; and also moved that the motion to reconsider be laid on the Mr. RANDALL. There are sixteen amendments in all. Seven table rehte merely to change of phraseology, about which there is no con­ The latter motion was agreed to. troversy. Nine concern the appropriation of money, one relating to .JUDICIAL DISTRICTS IN IOWA. the Balttmore public building, the second to the Rochester public building, and the third to the light-house supply steamer. Mr. FREDERICK. I ask unanimous consent that the bill (H. R. The SPEAKER. The Chair will be compelled to suspend busines.

Kelley, Negley, Rowell, Tanney, Mr. RANDALL. I ask. fo.r the yeas and nays. · Ketcham, Nelson, Rusk, Taylor, ·E. B. Laird, O'Donnell, Ryan, Taylor,Zs.ch. The yeas and nays were ordered. Lawler, O'Hara, Sawyer, Thomas, 0. B. The question was taken; and there were-yeas 1581 nays 91, not vot­ Lehlbach, O'Neill, Charles Sayers, Thompson,. ing 72; as follows: Libbey, Osborne, Scranton, . Tillman, YEAS-158. Liridsley, Owen, Shaw, Van Scbaick, Long, Parker, Smalls, Viele, Adam a, G. E. Dunham, Lanham, · Sayers, Lore, Payne, Snyder, Wade, Allen, C. H. Ellsberry, Lawler, Scranton, Louttit, Payson, Spooner, Wadsworth. An.de:rson, J. A. Ely, Lindsley, Smalls, Lyman, Perkins, Stahlnecker, Wait, Alkinson, Evans, Long, Snyder, Maybury," Perry, Steele, Wakefield, Baker, Everhart, Lore, Sp.ooner, McComas, Peters, Stephenson, Warnel', William Belmont, Findlay, Lovering, Steele, McKenna, Phelps, Stewart, Charles. Weaver, A. J. Bingham, Fleeger, Lyman, Stephenson, McKinley, Pind.ar, Stewart, J. W. Weaver, J.B. Blanchard, Full~r, Maybury, Stewart. Charles Millard, Pirce, Stone, E. F. Weber, Bound, Funst-on, McComas, Stewart, J. W. Moffatt, Reed,T.B. Stmit . West, Boutelle, Gilfillan McKenna, St. Martin, Morrill, Rockwell, Strubie, White, A. C. Brady, Goff, ' McKinley, Stone, E. F. Morrow, Rogbrs, Swinburne, White, Milo Brown, C. E. Grosvenor, ~.[illard, Strait, Murphy, · Romeis, Symes, Wilkibs. B1·umm, Grout, Miller, Struble, Buchanan, Guenther, Mills, Swinburne, N.A.Ys-uo. Buck, Hale, Moffatt, Symes, Bunnell,. Harmer, Morrill, Tarsney, Allen, J. M. Davidson, A.. C. Johnston, T. D. Richardson, Burleigh, Hayden, Morrow, Taylor, E. B. Anderson, C. !L Davidson, R. H. M. Jones, J. T. Riggs, Burrows, Haynes, Negley, Taylor, Za.ch. Bacon, Dawson, Kleiner, Robertson, Butterworth, . Hendei.'SOn, D. B. Nelson, Thomas, J. R. Ballentine, Dockery, ·r.atroon, Seymour, Caldwell, Henderson, T. J. O'Donnell, Thomas, 0. B. Barksdale, Dunn, Landes, Skinner, Campbell, Felix Hepburn, O'Hara Thompson, Barry, Eden, Lanham, Sowden, Campbell, J. M. Hermann, O'Neill: Charles Throckmorton, Bennett, Eldredge, LeFevre, Springer, Campbell,J.E. Hewitt, Osborne, VanEaton, Blanchard, Ellsberry, Lovering, StMartin, Cannon, Hiestand, Owen, Van Schaick, Bland, Foran, Lowry, Stone, W. J., Ky. Caswell, Hill Parker, Viele, Blount, Forney, Martin, Stone, W. J., Mo. Catchings, Hil'~, Payne, Wade, Boyle, Frederick, Matson, Swope, Conger, mscock, Payson, Wadswort.b., Breckinridge,WCP.Geddes, McAdoo, Taulbee. Cox, S. S. HiHo·.t.ltm, es, Perkins, Wait, Burnes, Glass, McCreary, Taylor,J.M. Cox,W.R. Peters, Wakefield, Bynum, Green, R. S. McMillin, '..rhrockmorton, Crain, Hopkins, Phelps, WaJ.la.ce, Cabell, Green, ,V.J. McRae, Townshend, Crisp, Houk, Reagan, Warner, William Caldwell, Hall, Miller, Trigg, Culberson, Irion, Reed,T.B. Weaver, A. J. Campbell, J. E. Halsell, Mills, Turner, Cutcheou, Jackson, Rice, Weber, Candler; Hammond, Morgan, VanEaton, Dargan, James, Rockwell, Wellborn, Clements, Harris, Morrison, Wallace, Davenport, Johnson,F.A. Rogers, West, Cobb, Hatch, Neal, Ward,J.H. Davidson,R. H.M.. Jones, J. H. Romeis, White, A. C. Comstock. Heard_, · Neece, Wellborn, Davis, Jone8, J. T. Rowell, White, Milo Cowles, Hempnill, Oates, Wheeler, Dibble, Kelley, Rusk, Wolford. Cox, W. R. Hen

would be pleased if the chairman of the committee would make a state­ Mr. BLAND. I call for the regular order. ment as to why this should not be stricken from the bill. The SPEAKER. The regular order is demanded, and the Cliair rec­ Mr. RANDALL. I have no authority from the co~mittee to act in ognizes the gentleman from Pennsylvania [Mr. ATKINSON]. the direction suggested. 1\Ir. ATKINSON. I move to recommit the bill to the Committee ~Ir. REAGAN. Let the proviso be reacl, to which reference is made. on Appropriations with instructions to amend by striking· out the words The Clerk read as follows: "fifteen thousand dollars," in lines 1727 an,d 1728, and inserting in­ Provided further, That no person shall be eligible to or hold any position or stead the words '' two million dollars.'' employment in the government or management of any home who is interested The question being taken on the motion of 1\Ir. ATKINSOY, the in or connected with, directly or indirectly, any railroad, brewery, mercantile bouse, manufactory, dram-shop, or distillery in the State where such home is the Speaker stated the " noes " seemed to have it. located. Mr. ATKINSON. I call for a division. The SPEAKER. Is there objection ·to the request of the gentleman Mr. ~URROWS. I call for the yeas and nays. from Pennsylvania? The yeas and nays were ordered. Mr. LE FEVRE. I object. The question was taken; and there were-yeas 124, nays 138, not \Oting 59; as follows: Mr. NEGLEY. While I have the floor I beg the gentleman's atten­ YEAS-124. tion to one portion of this paragraph-- A"dams.G.E. Funston, Lindsley, Ryan, Mr. RANDALL. I ask for the regular order. Allen, C. H. Geddes, J.. ong. Sawyer, Mr. ATKINSON. I wish, :Mr. Speaker, now to submit a motion to Anderson, J . .A. Gilfillan, Louttit, Scranton, recommit with instructions. Atkinson, Goff, Lovering, Seney, Baker, Grosvenor, J.. yman, Sessions, Mr. GROSVENOR. Before that, I ask unanimous consent to sub­ Bound, Grout, Markham Smalls, mit an amendment to this paragraph, as follows: Boutelle, Guenther, McComas: Spooner, Brady, Hale, McKenna., Steele, In lines 1742 and 1743 strike out the words "railroad," "mercan­ Brown. C. E. Hanback, McKinley, Stephenson, tile house,'' ''manufactory,'' and at the end of the paragraph insert Brumni, Harmer, Millard, Stewart,J. W. the words: Buchanan, Hayden, Moffatt, Stone, E. F. Buck, Haynes, Morrill, Strait, Nor shall it be lawful for any person holding any such position or employ­ Bunnell, Henderson, D. B. Morrow, Struble, ment to be interested directly or indirectly in any contract for or sale of any ar­ Burleigh, Henderson, T. J. Murphy, Swinburne, ticle to be nsed at or in any such home, nor in any railroad carrying passengers Burrows, Hepburn, O'Donnell, '.Caylor, E. B. or freight to any home. Bynum, Hermann, · O'Hara '.Caylor, Zach. · Mr. RANDALL. Let the paragraph be read as it will be if the Campbell,J.M. Hiestand, O'Neill: Charles '£homas, J. R. Campbell, J. E. Hires, Osborne, · Thomas, 0. B. amendment is ag.eed to. Cnnnon, Hiscock, Owen, '£hompson, · The Clerk read as follows: Conger, Hitt, Parker, VanSchaick, Pro"Oidedfurlher, That no person shall be eligible to or bold any position or Cutcheon, Holmes, Payne, Wade, employment in the government or management of nny home who is interested Davenport, Hopkins, Perkins, 'Vadsworth, in or connected with, directly or indirectly, any brewery, dram-ehop, or distillery Davis, Honk, Peters, . Wait, in the State where such home is located; nor shall it be lawful for any person Dingley, Ja-ekson, Phelps, Wakefield; holding any such position or employment t() be interested directly or indirectly Dorsey, James, Pirce, Warner, William in any contract for or sale of any article to be used at or in any such home, nor Dunham, .· Johnson, F. A. Ranney, 'Veaver, A. J. in any railroad carrying passengers or freight to any home. Ely, Kelley, · Reed,T.B. ' Weaver,J.B. . Evans, Ketcham, Rice, Weber, Mr. BOUTELLE. I delSire to make a parliamentary inquiry. Everhart, Laird, Rockwel1, West, Fleeger, J--ehlbach, Rome is, White, A. C. - The SPEAKER. The gentleman will state it. Fttller, Libbey, R()well, White, Milo. Mr. BOUTELLE. I desire to ask whether this clause is now subject to a point of order. N.AYS-138. Allen, J.l\I. Davidson, R. H. M. Kleiner, Sayers, The SPEAKER." No amendment is in order at all at this stage, ex­ Anderson, C.l\L Dawson, Laffoon, Seymour, cept by unanimous consent. The gentleman from Ohio [Mr. GRos­ Bacon, Dibble, Landes. Shaw, VENOR] has asked unanimous consent to make the amendment which Ballentine, Dockery, J..a.nha.m, Singleton, Barksdale, Dunn, Lawler, Skinner, has been read. · Barnes, Eden, J--e Fevre, Snyder, Mr. BOUTELLE. I should perhaps put my inquiry in a different Ba1·ry, Eldredge, J..ore, Sowden, Belmont, Ellsberry, J,owry, Springer, form. I desire to ask whether the original subject-matter in this Bennett; Findlay, Martin, Stablnecker, clause of the bill is subject to the point of order. Bland, Fisher, 1\-iatson, Stewart, Charles The SPEAKER. Not now. Boyle, Ford, Maybury, St. Martin I Breckinridge, 0. R. Forney, McAdoo, Stone, W. J., Ky. Mr. GROSVENOR. understand that the amendment I have sug­ Breckinridge,,VCP.Frederick, McCreary, Stone, W. J.,Mo. gested can only go in by unanimous consent. .Mld if gentlemen de­ Burnes, Gay, ·Mcl\lillin, Swope, sire that the bill shall be passed in its present unfortunate · condition Cabell, Gibson, C. H. McRae, •rarsney, Caldwell, Glass, Miller, Taylor, J. 1\I. rather than be improved that much, they. can object. . Campbell, Felix Green, R. S. Mills, Throckmorton, Mr. DINGLEY. I call the attention of the gentleman from Ohio Candler, · Green, \V. J. Morgan, 'rillman, [Mr. GROSVENOR] to the importance of dividing the amendment which Carleton, Ha11, 1\forrison, Trigg, has Caswell, Halsell, Neal, Turner, he presented. Let the question first be on striking out certain Catchings, Hammond,' Norwood, VanEaton, words, and then separately on the words he proposes to add. Clardy, Harris, Oates, Viele, The SPEAKER. There can be no vote taken at all on this propo­ Clements, Jiatch, O'Ferrall, Wallace, Cobb, Jieard, Peel, Ward, J. EI. sition, either in whole or in part. Whatever is done with regard to it Cowles. Hemphill, Perry. Wa.rd,T.B. must be done by unanimous consent. Cox, S. S. Henderson, J. S. Pidcock, 'Vellborn, Mr. DINGLEY. I suggest that there would be no objection to the Cox, W. R. llerbert, Pindar. 'Vheeler, Crain, Hill, Randall, Wilkins, second part of the amendment. Cdsp, . Holman, Reagan, Willis, Mr. LE FEVRE. I will object to any further amendment except Croxton, Hudd, IUchardson, 'Vinans, that which has been offered by the gentleman from Ohio [l\Ir. GRos­ Culberson, Hutton, Riggs, Wise, VENOR]. Curtin, Irion, Robertson, ·wolford, Daniel, Johnston,T.D. Rogers, Worthin~ton. The SPEAKER. That is the matter that is now before the House. Dargan, Jones,J.H. Rusk, Mr. NEGLEY. I rise to a question of personal privilege. I ask the Davidson, A. C. Jones, J. T. Sadler, · gentleman from Ohio [Mr. GROSVENOR] to state explicitly his reasons NOT VOTINC"':..--59. for casting this slur upon the board of management. Adams, J. J. , Comstock, La. Follette, Reid,J. W. 1\Ir. RANDALL. r.rhe committee meant no slur on the board of Aiken, Cooper, Little, Reese, Barbour, Doughe1·ty, 1\Ia.honey, Scott, · management. Bayne, Ermentrout, Merriman, Spriggs, Mr. GROSVENOR. There is no slur cast on anybody. Bingham, Farquhar, Milliken, StOrm, · Mr. NEGLEY. Then what is the occasion for it? Blanchard, Ji'elton, Mitchell, Symes, Bliss, Foran, Muller, Taulbee Mr. LE FEVRE. There might be such an abuse. Blount, Gallinger, Neece, TaylorJ i. H. Mr. GROSVENOR. I hope the Honse will not pass the bill in its Bragg, Gibson, Eustace 1\egley, 'rownsnend, present shape. Browne, T.l\1. Glover, Nelson, Tucker, Brown, ,V. W. Henley, O'Neill, J. J. Warner, .A.. J". 1\Ir. BLAND. I call for the regular order. Butterworth, Hewitt. Outhwaite, Whiting, Mr. BOUTELLE. I think it is due to the House-­ Campbell, T.J. · Howard, Payson, Wilson, The SPEAKER. The regular order is demanded. Collins, Johnston, J. T. Pettibone, \Voodburn. Mr. BOUTELLE. I .do not think it will be demanded against my Compton, King, Plumb, suggestion that this matter be explained by the chairman of the Com­ So the motion was not agreed to. mittee on Appropriations, so that gentlemen will understand whether On motion of Mr. ATKINSON, by unanimous consent, the reading this is a direct imputation on some gentlemen who are now members of the names of members voting was dispensed with. of the Board of Managers, or who occupy prominent positions in con­ The following additional pairs were announced: nection with the homes. Mr. TOWNSHEND with Mr. NEGLEY, on this vote. 1\Ir. RANDALL. There is no imputation cast on any one. There · 1\Ir. BLOUNT with Mr. BINGHAM, for thiS day. is an effort to correct what is alleged to be an abuse. Mr. NELSOY with Mr. NEECE, on this vote. 1886. CONGRESSIONAL ·REOORD-HOUSEo 253 -

Mr. BINGHAM. Mr. Speaker, in connection witn my pair I desire The SPEAKER. The gentleman has that right. · to have it recorded t.hat I would have voted "aye." How Mr. BLOUNT The bill was ordered to be engrossed and read a third time. J would have voted I do not know. · Mr. RICHARDSON. Now, Mr. Speaker, I demand the previous The result of the vote was then announced as above recorded. question on the passage of the bill. · · Mr. RANDALL moved to reconsider the vote by which the motion Mr. GEDDES. And I now move to recommit the bill to the Com­ to recommit was rejected; and also moved that the motion to reconsider mittee on War Claims. be laid on the ta.Dle. Mr. GROSVENOR. And upon that motion I demand the yeas and The latter motion was agreed to. nays. Mr. RANDALL. Mr. Speaker, I ask unanimous consent to modify The yeas and nays were ordered. the langua:5e of one paragraph of the bill. The modifieatiop. is made The question was taken; and it was decided in the negative-yeas at the suggestion of the Second Auditor, and is in relation to the audit­ 101, nays 131, not voting 89; as follows: ing of the accounts. It will make no material difference, but the YEAS-101. Auditor thinks the phraseology he suggests is better than that contained Anderson, C. M. Evans, James, Riggs, in the bilL Anderson, J. A. Everhart, Johnston, T. D. Romeis, The proposed modification was read, as follows: Bacon, Fisher, Jones,J. H. Rowell, Baker, Fleeger, I ... ah-d, Ryan, In line 1735, n.fter the word "managers," insert the words" shall be made sub­ Bennett, Foran, Landes, Seney, · ject to the general laws governing the disbursement of public moneys, and," so Bland, Ford, Lehlbach, Singleton, that, if amended, the provision will read: "But all of the expenditures of the Bound, Forney, Lore, Skinner, said home, including the expenses of the Board of l\1anagers, shall be made Boyle, Frederick, Lowry, Sowden, subject to the genera l laws goYerning the disbursement of public moneys, and Brumm, Fuller, J.1artin, Springer, sha ll be audited," &c. Buchanan, Funston, Matson, Stahlnecker, There being no objection, the modification was agreed :Buck, Gay, 1\Iaybury, Stone, W. J., Mo. to. Bunnell, Geddes, McRae, Swinburne, Mr. RANDALL. I now move the previous question on the passage Burrows, Gillillan, Mills, Swope, of the bill. Bynum, Grosvenor, Morrill, Thomas, J. R. The previous question was ordered; and under the operation thereof Campbell, Felix Hall, Murphy, Thomas, 0. B. Campbell, J. M. Halsell, Neece, . Thompson, the bill was passed. Campbell, J. E. Harmer, Nelson, Wait Mr. RANDALL moved to reconsider the vote by which the bill was Cowles, Hatch, O'Donnell, Wa~,T.B. Cox, W.R. Henderson, J. S. Osborne, ·weaver, A. J. passed: and also moved that the motion to reconsider be laid on the Cutcheon, Hiestand, Owen, Weaver,J.B. table. Davenport, Bitt Parker, West, The latter motion was agreed to. Davidson, A. C. Hol~an, Payson, Winans, , Davis, Hopkins, Peel, Worthington. 1'111f)UNNVILLE AND 1'\IA..NCHE.STER RAILROAD COMPA...~Y. Dockery, Howard, Perkins, Eden, Hudd, Pin dar. The SPEAKER. This being Friday, a day set apart, under the rules, Eldredge, Hutton, Randall, for the consideration of private bills, the first business in order is the NAYS-131. bill (H. R. 5194) directing the Quartermaster-General to settle with the Ballentine, Findlay, Lyman, Scranton; McMinnville and Manchester Railroad Company, and for other pur­ Barbour, Glass, Markham, Sessions, poses. This bill was reported from the Committee of the Whole with­ Barksdale, Goff, McAdoo, Shaw, Barnes, Green, R. S. McCreary, Snyder, out recommendation, and the question is upon the demand for the pre­ Barry, Green, W. J. McKinley, Spooner, vious question upon ordering the bill to be engrossed and read a third Bliss, Grout, McMillin, Steele, time. Boutelle, Guenther, Millard, Stewart, Oharles Brady, Hammond, Milliken, St-ewart, J. W. Mr. BURROWS. What is the bill, Mr. Speaker? Breck.inridge, C. R. Hanback, Moffatt, St. l\1artin, The SPEAKER. Perhaps the bill had better be reported at length. Breckinridge,WCP Harris, Morgan Stone, E. F. The bill was read, as follows: Brown, C. E. Hayden, Morrison, Stone, W. J., Ky. Caldwell, Haynes, Morrow, Struble, Be it enacted, &c.1 That the Quartermaster-General of the United States Army Candler, Heard, Neal, Symes, be authorized, ana he is hereby directed, to settle and adjust the claims of the Cannon, Hemphill, Negley, Tarsney, McMinnville and Manchester Railroad Company against the United States for Caswell, Henderson, T. J. Norwood, Taulbee ]ron, chairs, spikes, and switches, upon the basis of estimates furnished by A. Catchings, Hepburn, Oates, Taylor, E. B. Hibard, engineer of repairs, under orders of Major-General George H. Thomas, Clardy, Herbert, O'Ferrall, Taylor, J. M. commanding department, dated July 18,1865, taken and used by the United Clements, Hewitt, O'Hara, Taylor, Zach. States army..~,!he items thereof being for railroad-iron, 8231,880; for chairs,S7,200; Cobb, Hires, O'Neill, Charles Throckmorton for spikes, li>0,300; and for switches, $1,500; making a total of a246,880, which Conger, Hiscock, Payne, Tillman, sum shall be allowed said company in making such settlement. Cox, S. S. ·Holmes, Perry, Turner, SEo. 2. That from the value of the property thus taken and used, which is Crain, Houk, Peters, VanSchaick, hereby declared to be said sum ofS24.6,880, the Quartermast-er-General will de­ Crisp, Irion, Pidcock, Viele, duct the amount now due and owing to the United States by the McMinnville Croxton, Johnson, F. A. Pirce, Wadsworth, and Manchester Railroad Company, which is evidenced by a judgment in the Culberson, Jones, J. T. Ranney, \Vak.efield, United States circuit court at Nashville, Tenn. . Dargan, Kelley, Reagan, Ward,J.H. SEO. 3. That any balance thns found to be due said McMinnville and 1\!anches­ Davidson, R. II.l\1. Kleiner, Reed,T.B. Wellborn, ter Railroad Company shall be paid to the McMinnville and Manchest-er Rail­ Dawson, Laffoon, Richardson, Whit.e,A.C. road Company, or their successors, tho Nashville, Chattanooga and Saint Louis Dibble. Lanham, Robertson, Wilkins, Railway, in the bonds or indebtedness of the latter company held by the United Dorsey, Le Fevre, Rockwell, Willis, States for material purchased of the United States since the close of the war, and ·Dougherty, Libbey, nogers, Wise, sa.id judgment shall thereupon be satisfied of record. Dunham, Lindsley, Sawyer, Wolford. The question was taken on ordering the bill to be engrossed and Ely, Loyering, Sayers, read a thii·d time, and there were-ayes 81, noes 34. NOT YOTING-39. Mr. BRUMM. No quorum. Adams, G. E. Cooper, Lawler, Smalls, Adams,J.J. Cm·tin, Little, Spriggs, l\Ir. GROSVENOR. I demand the yeas and nays. Aiken, Daniel, Long, Stephenson, The SPEAKER. The point is made that no quorum has voted, and Allen, C. H. Dingley, Louttit, Storm, pending that, the gentleman from Ohio [Mr. GROSVENOR] calls for the Allen,J.M. Dunn, Mahoney , Strait, Atkinson, Ellsberry, McComas, Taylor, I. H. yeas and nays. · Bayne, Ermentrout, McKenna, Townshend, Mr. GROSVENOR. I withdraw the demand for the yeas and nays. Belmont., Farquhar, 1\Ierriman, Trigg, l\Ir. BRUl\IM. And I will withdraw the point of no quorum. Bingham, Felton, 1\iiller, '.rucker Blanchard, Gallinger, Mitchell, Van Ea'ton, The SPEAKER. Then the ayes have it; the previous question is Blount, Gibson, C. H. Muller, Wade, ordered, and the question now is on ordering the bill to be read a third Bragg, Gibson, Eustace O'Neill, J. J. "l~Vallace, time. Browne, T. 1\I. Glover, Outhwaite, Warner, A. J. Brown,W.W. Hale, . Pettibone, ·warner, William Mr. GROSVENOR. On that I demand the yeas and nays. Burleigh, Henderson, D. R Phelps, Weber, . l\Ir. GEDDES. Mr. Speaker, I move to recommit this bill to the Burnes, Henley, Plumb, Wheeler, Committee on War Claims. Butterworth, Hermann, Reid,J. W. White, 1\Iilo Cabell, Hill, Reese, Whiting, The SPEAKER. The previous question is operating now. The Campbell, T. J. Jackson, Rice, \Vilson, gentleman's motion would be in order even though the previous ques­ Carleton, Johnston, J. T. Rusk, Woodburn. tion had been order~d on the passage of the bill, but it is not in order Collins, Ketcham, Sadler, Compton, King, Scott, at this stage. ., Seymour, Mr. RICHARDSON. I now move the previous question on the pas­ Com.stock, La Follette, sage of the bill. So the motion of IYir. GEDDES to 1·ecommit th& bill was not agreed to. The SPEAKER. The matter has not yet reached that stage. The The following additional pairs were announced: question now is upon ordering the bill to be engrossed and read a third Mr. JACKSON with Mr. CABELL, on this vote. time. U_I}on that question the gentleman from Ohio [Mr. GROSVENOR] Mr. TOWNSHEND with Mr. LoNG, on this bill. demands the yeas and nays. Mr. STEPHENSON with Mr. VAN EATON, on this vote. Mr. GROSVENOR. I will withdraw the demand for the yeas and Mr. STRAIT with Mr. WARNER, ofMissouri, on this vote. nays upon that question, asking to be recognized to renew the demand Mr. HENDERSON, of Iowa,. with 1\lr. McCoMAs, on this vote. upon the question of the :recommittal of the bill. 'l'he result of the vote was announced as above stat-ed. 254 CONGRESSIONAL RECORD-HOUSE. DEOEMBER 17,

1\fr. RICHARDS. I now ask the previous question on the passage Mr. RICHARDSON moved to reconsider the vote by which the bill ofthe bill. was passed; and also moved that the motion to reconsider be laid on The previous question was ordered. . the table. · The SPEAKER. The question is now on the JmSSaoae of the bill. The SPEAKER. The question :is upon laying on the table the mo· Mr. EDEN, Mr. GILFILLAN, and others ca.lled for the yeas and tion to reconsider. nays. Mr. PAYSON. On that I demand the yeas and nays. Several MEMBERS. Oh, no. The yeas and nays were ordered, there being-ayes 45, noes 82. Mr. GROSVENOR. Yes, I hope we shall order the yeas and nays. 1\fr. RICHARDSON. Can I withdraw the motion to reconsider, There are other war claims of just this sort amounting to a hundred pending the demand for thEf yeas and nays on the motion to lay the million of dollars that will follow one after another if this bill be motion to reconsider upon the table? passed. They lie right along the lines of the Southern railroads. The SPEAKER. The question now pending before the House is The yeas and nays were ordered, there being-ayes 45, noes 100. not the motion to reconsider, but the motion to lay the motion to re-­ The question was taken; and it was decided in the affirmative-yeas consider on the table; and on that motion the House has ordered the 117, nays 116, not voting 88; as follows: yeas and nays, so that the motion to reconsider can not be withdrawn. "YEAS-117. :Mr. PAYSON. I rise to a parliamentary inquiry. 1 think, owing to the confusion in the Hall, there is misu.ndersta.nding as to the pend­ Adams, G.E. Dougherty, Lindsley, Seymour, Ballentine, Dunham, Louttit, Shaw, ing question. Is not the pending motion to lay on the table the mo­ Barksdale, Dunn, Lyman, Smalls, , tion to reconsider? Barnes, Ely Markham, Snyder, The SPEAKER. ltis, as the Chair has already stated it. The vote Barry,.. • Findlay, McAdoo, Steele, Blancnara, Gay, 1.\icCreary, Stephenson, will now be taken on the motion made by the gentleman from Illinois Bliss, Gibson, C. H. McKinley, Stewart, Charles to lay the motion to reconsider on the table. Brady, Glass, McMillin, Stewart1J. W. · Mr. GillSON, of West Virginia. Let me ask a parliamentary ques­ Breckinrldge, 0. R. Green, R. S. Morrison, St.Mart1n. tion. Ifthe.motion to lay on the table is defeated, then the next vote Breckinridge,WCP.Green, W. J. l\forrow, Stone1 W.J.,Ky. Brown, O • .E. Grout, . Neal, Taulbee, will be on the motion to reconsider? Burleigh, Hammond, Negley, Taylor, .J.M. The SPEAKER. It will. Burnes, Hanback, Oates, Taylor, Zach. Butterworth, Harris, . O'Ferrnll, Throckmorton, The question was token; and it was decided in theaffi.rmative-yeas Oaldwell, Hayden, {)'Hara, Tillman, 117, nays 116, not.voting 88; ns follows: Oandler, Haynes, Perry, Van Eaton. Cannon, Heard, Pindar, Van Schaiek, YEAS-117. Catchings, Henderson, T. J. Pirce, Wadsworth, Adams, G. E. Dunn, Lovering, Shaw, Clardy, Hepburn, Ranney, Wakefield, Atkinson, Ely, Lyman, Smalls, Clements, Hewitt, R~gan, Wallace, Baker, Findlay, Markham, Steele, Conger, Hiscock, "Reed,T.B. Ward,T.B. Ballentine, Funston, McCreary, Stephenson, Crain, Holmes, Richardson, Wellborn, Barnes, Gibson, C. ll. McKinley, Stewa.r~, Charles Crisp, Houk, Rockwell, Wheeler, Barry, GlaBs, McMillin, Stewart, J. W. Croxton, Irion, Rogers, White, A. C. Bla.nchard, Grout, Millard,' St. Martin. Culberson, Jones,J. T. Romeis, Willis, Bliss, Hammond, Miller, Stone, E. F. Curtin, Kelley, Rusk Wise, Boutelle, Hanback, 1\forrison, Stone, W. J., Ky. Dargan, Kleiner, Sawy~r, Wolford. Brady, Harris, Mort'ow, Strait, Davidson, R. H. M. Lanham, Sayers, Breckinridge, C. R. Hayden, Neal, Symes, Dibble, Lawler, Scranton, Breekinridgc,WCP Haynes, Norwood, Taulbee, Dorsey, , Libbey, Sessions, Brown, C. E. Heard, Oates, Taylor, J. ~r. NAY8-ll6. Burleigh, Hemphill, O'Fermll, Taylor, Zach. Burnes, - Henderson, T. J. O'Hara, Throckmorton, Allen, O.H. Eden, Ketcham, Randall, Butterworth, Hepburn, Perry, 'l'illman. Anderson, 0. 1\L Eldredge, Laird, Riggs. Caldwell, Hermann, Pindar, Trigg, Anderson, .J. A. EvallS, Landes, Rowell, Cannon, Hewitt, Pirce, Van Schnick, Bacon, Everhart, Lehlbach, Ryan, Catchings, Hiscock, Ranney, Wadsworth, Barbour, Fisher, Lore, Seney, Clardy, Holmes, Reagan, Wakefield, Bennett, Fleeger, Lowry, Singleton, Clements, Honk, Reed, 'T. R. Wallace, Bland, Foran, Marlin, Skinner, Conger, Irion. Richardson, Wal'd,T.B. Bound, Forney, Matson, Sowden, Crisp, Jones, J. T. Rockwell, Wheeler, Boyle, Frederick, McRae, Spooner, Croxton, Kleiner, Bogers, Wilkins, Bra~, Fuller, Millard, Springer, Culberson, Laffoon, Rusk, Willis, Brumm. Geddes, Milliken, Sta.hlnecker, Dargan, Lanham, Sawyer, Wise, Buchanan, Gilfillan, l\Iills, Stone, W. J., Mo. Davidson, R. H.l\L Lawler, S&yers, Wolford. Buck, Goff, Moffatt, Struble, Dibble, Libbey, Scrant.on, Bunnell, Grosvenor, Morgan, Swinburne, Dorsey, Lindsley, Sessions, Burrows, Guenther, Morrill, Swope, Dougherty, Louttit, Seymour, Bynum, Hall, Murphy, Thomas,J.R. Campbell, Feliz: Halsell, Neece, Thomas, 0. B. NAYS-116. Campbell, J. 1\1, Hatch, Nelson, Thompson, .Allen, 0. H. Dawson, J ohnst.on, T. D. Pidcock, Campbell, J.E. Hermann, O'Donnell, Turner, .A.Jlen,J. M. Dockery, Jones, J. H. Randall, Carlet.on, Hiestand, O'Neill, Charles Viele, .Anderson, C. M. Eden, Ketcham, Rice, Caswell, Bitt, Osborne, Wade, Ande:rson, J. A. Eldredge, Laird, Riggs Cobb, Holman, Outhwaite, Wait, Bacon, Evans, Landes, Rowell, Cowles, Hopkins, Owen, Ward,J. H. Barbour, Everhart, LeFevre, Ryan. Cox, S. S. Howard, Parker, Wea.ver,A.J. Bennett, Fisher, Lehlba.ch, Seney, Cox,W.R. Budd, Payson, Weaver,J.B. Bound, Fleeger, Lore, Singleton, Cutcheon, Hutton, Peel, ·west, Boyle, Fomn, 1\la.rtin, Skinner, Davidson, A. C. James, Perkins, White, 'Milo Bragg, Ford, Matson, Sowden, Dawson, Johnston,T.D. Peters, Winans, Brumm, Forney, Maybury, Spooner, Dockery, Jones,J.H. Pidcock, W ort.hingtou. Buchanan, Fuller, McAdoo, Springer, NOT YOTING-88. Buck, Geddes, McKenna, Sta.hlneck:er, Bunnell, Gilfillan, McRae, Struble, Adams, .J. J. Ellsbert·y, Laffoon, Rice, Burrows, Goff, Moffatt, Swinburne, Aiken, Ermentrout, La Follette, Robertson, Bynum, Green, W.J. Morgan, Swope, Allen, .J. M. Farquhar, LeFevre, Sadler, Campbell. Felix Grosvenor, Morrill, Thomas, :r. R. Atkinson, Felton, Little, Scott, Campbell,J. M. Gnenther, Neece, 'l'homa.s, 0.-B. Baker, Ford, Long, Spriggs, Campbell, J. E. Hall, Nelson, Thompson, Bayne Ftmston, Lovering, Stone, E. F. Carleton, ~lsell, O ' Donnell~ . Turner, Belmo~t, Gallinger, Mahoney, Storm, CasweiJ, Hatch, O'Neill, Charles VanEaton, Bingham, Gibson, Eustace Maybtll'Y, Strait, Cobb, Hiestand, Osborne, Ward,J.H. Blount, Glover, 1\fcCom.as, Symes. Cowles, Hires, Outhwaite, Weaver,A.J. Boutelle, Hale, 1\lcKenna, Tarsney, Cox, S.S. Hitt Owen, Weaver, J. B. Browne, T. 1\L Harmer, Mert'iman, Taylor, E.B. Cox,W.R. Hol~an, Parker, Weber, Brown, W. ,V, Hemphill, 1\filler, Taylor, I. H. Cutcheon, Hopkins, Payson, Wellborn, Cabell, Henderson, D. B. Mitchell, Townshend, Davenport., Howard, Peel, West, Campbell,T.J. Henderson,J.S. Muller, Trigg, Davidson, .A. C. Hudd, Perkins, White, Milo Collins, Henley, Norwood, Tucker, Davis, Hutton, Peters. Worthington. Compton, Herbert, O'Neill,..J. J. Warner,A.J. CoiD5tock, H!U, Payne, Warner, William NOT VOTING-88. Cooper, Htres, Pettibone, Weber, Adams,J. J. Collins, Frederick, Jackson, Daniel, Jackson, Phelps, Whiting, Aiken, Compton, Gallinger, James, Davenport, Johnson,F.A. Plumb, Wilkins, Barksdale, Comstock, Gay, Johnson, F. A. Davis, Johnston, J. T. Reid,J.W. Wilson, Bayne, Cooper, Gibson, Eustace Johnston, J. T. Dingley, King, Reese, Woodburn. Belmont, Crain, Glover, Kelley, So the bill was paSsed. Bingham, Curtin, Green, B.. S. King. Bland, Daniel, Hale, La Follette, The following additional pairs were announced: Blount, Dingley, Harmer, Little, Mr. WILKINS with Mr. PAYNE, on this vote. Brownet..T. M. Dunham, Henderson, D. B. Lon:g, ' :Mr. HERBERT with Mr. HARMER, for the remainder of the day. Brown, n. W. Ellsberry, Henderson, J. S. Lowry, Oabell, Ermentrout, Henley, • Mahoney, M.r. TOWNBHEND with Mr. LoNG, on i;hia vote. Campbell, "T. J. FarquhAr, Herbert, McComas, The result of the vote was announced as above stated. Oandler, Felton, Hill, Merriman, 1886. OONGRESSlONAL _RECORD-HOUSE. 255

Mlliken, Phelps, Spriggs. Wade, A bill (S. 512} to repeal certru.n sections of the Revised Statutes uf Mills, Plumb, Stone, W.J'.,Mo. Wait, Mitchell. Reid, .J. W. Storm, Warner, A.. J. the United States relating to the appointments of civil officers; Muller, Reese, Tarsney, Warner, William A bill (S. 1537) for the relief of B. B. Connor, of Louisville, Ky.; Murphy, Robertson, Taylor, E. B. White, A. C. and . Negley, Romeis, Taylor,LH. Whiting, O'Neill. J. J. Sadler, 'l'ownsh.end. Wilson. :A bill (S. 2901) to authorize the Secretary of the Treasury to sell Pa.yne, Scott, Tucker, Winans, and convey the United States custom-house and post-office property at Pettibone, Snyder, Viele, Woodburn. Eastport, in the State of Maine, lately destroyed by fire, the proceeds So the motion to reconsider was laid on the table. thereof to be invested in the purchase of a new site for and to J?rovide During the Toll-call, Mr. SOWDEN asked, by unanimous consent, to for the erection of a _public building at that place. dispense with the reading of the names. GENERAL BEN.J.A.MIN F. KELLY. Mr. McMILLIN objected. The SPEAKER. The next pension bill coming over is the bill (S. The following additional pairs were announced: 838) granting an increase of pension to General Benjamin F. Kelly; Mr. RoBERTSON with .Mr. W .A..RNER, of .Missouri, for the rest of the upon which the previous question has been ordered upon its passage. day. The Clerk will again report the bill. Mr. CANDLER with Mr. NEGLEY. The bill was-read at length. Mr. TOWNSHEND with Mr. LONG, on this vote. Mr. MATSON. I rise to a paTliamentary inquiry. Mr. LoWRY with Mr. KELLEY, on this vote. The SPEAKER. The gentleman will state it. The vote was then announced as above recorded. M:r. MATSON. I wish to ask whether that bill was debated? Mr. PAYSON. I think it is proper the Rouse should now adjourn. The SPEAKER. It was; having been considered by the House on Mr. SPRINGER. The bill has been passed. 23d of·Jnly last, as the Chair is informed. Mr. PAYSON. Yes, .and the proper thing is to adjourn. Mr. MATSON. I ask unanimous consent t~ have the report read. The Honse divided; and there were-ayes 19, noes 85. There being no objection, the report was again read at length. So the Honse refused to adjourn. The question being .taken on the passage of tbe bill, the House di­ MRS. JANE R. l>I'QU.A.IDE. vided; and there were-ayes 92, noes 52. Mr. CONGER. I call up for present consideration the bill (S. 1852) Mr. MAT.SON. No quorum has voted. granting a pension to Mrs. J'ane R. McQuaide. The SPEAKER. The ]?Oint of order being made that no quorum The SPEAKER. This bill comes over with the .J>revious question has voted, the Chair will order tellers. ordered on its passage. .M:r. MATSON and Mr. GoFF were appointed tellers. The bill was read, as follows: The House .again divided; and the tellers reported-ayes 128, noes Be it enacted, &c., That the Secretary of the Interior be, and he hereby is, au­ 48. thorized and directed to place on the pension-roll,' subject to the provisions and Mr. 1\IATSON. I demand the yeas and nays. limitations of the pension laws, the name of Mrs. Jane R. McQuaide, mother of The yeas and nays were ordered. F. G. McQuaide, deceased, late a pri>ate in Company C, Ninth Regiment of Penn!!ylvauia ~try Volunteers. · Mr. WISE. I move that the House do now adjom:n. . !tir. MA.TSON. I ask for the reading of the report. Mr. MATSON. I hope the gentleman willnotinsistonthatmotion, The SPEAKER. That is in the nature of debate, and can ()nly be but move to take a recess until half-past seven, in pursuance <>f the done by unanimous consent. special order. Mr. .M:ATSON. I snpposed:fifteen minntes were allowed on mch side. .Mr. RANDALL. What is the special order? The SPEAKER. That is so unless there WM debate before the pre­ Mr. MATSON. The regular Friday evening session for pension vious question was ordered. bills. Mr. CONGER. There was debate. Mr. SPRINGER. Let us dispose of this 'bill before we do anything Mr. MATSON. I ask in the interest of the bill that the re_port be else. read. · Mr. WISE. I insist on the motion. The report (by Mr. CoNGll:R) was read, as foilows: Mr. BRAGG~ Pending that, I ask the gentleman to allow me to submit a report. Cries of "Regular order."] This bill is for the relief of a dependent mother; the merit of the case is fnlly I set forth in the Senate report appended hereto. . ·The SPEAKER. The regular order is the motion of the gentleman YoUT committee therefore adopt the same as their own.. and recommend that from Virginia, that the Honse do now adjourn. the bill do pass. . Tile question was taken; the Honse divided, and there were-ayes The petition~r is the mother of F. G. McQuaide, deceased, late a private in Company C,Nmth Regiment Pennsylvania Volunteers. The application was 49, noes 79. - rejected on the ground that the clai.ma.nt was not dependent on the soldier at So the House refused to .adjourn. the date of hi.s death. The question was taken on the passage of the bill, nnd there were­ The evidence shows that the father and mother were living on a farm at the time of the son's enlistment, prior to which he had contributed by his labor yeas 150, nays 84., not -voting 87; as follows: to their support; that he sent them a portion of his monthly pay ; that he died shortly after his discharge from disease contracted in the service; that his father YEAS-150. owned a farm, but it was heavily mortgaged, and that the dockets contained Adams. G . E. Dunham, Johnson, F. A. Ryan, innumerable judgments against him; that be died poor, leaving his widow in Allen, C. H. Ely, Laird, Sawyer, destitute circumstances ; that she is still very needy. Anderson, C. l'J. Evans, Landes, Scranton, The committee report the bill favorably, with a. recommendation that it do Andei:SOn,J.A. Everhart, Lawler, Seney, pass. .Atkinson, Findlay, LeFevre, Sessions, Bacon, Fleeger, Lehlbach, Skinn~r, The SPEAKER. The question is on the passage of the bill. Baker, Foran, Libbey, Smalls, The bill was passed. Bliss, Frederick, Lindsley, Springer, Bound, Fnller, Lore, Stahlnecker, Mr. CONGER moved to reconsider the vote by which the bill was Boyle, Funston, Loul t.it, Stephenson passed; and also moved that the motion to reconsider be laid on the Brady, Geddes, Lyman, Stewart,J. W. table. Breckinrhlge, C. R. Gibson, C. H. Markham, St. Martin, The latter motion was agreed to. Breckinridge,WCP Gilfillan, Martin, Stone, E. F. Brown, C. E. ~:ff, McAdoo, Stone. W. J., Mo. MESSAGE FROM THE SEN Brumm, Green, R. S. McColiULS, • Struble, ATE. Buchanan, Grosvenor, :McKenna, Swinburne, A message from the Senate, by Mr. McCooK, its SecretaTy, an­ Buck, Grout, 1\Ic.Kinley, Symes, Bunnell, Guenther, Millard, Taylor, Zach. nounced that the Senate had passed, without amendment, bills of the Burleigh, Hall, Moffat t, Thomas, J. R. Honse of the followin~ titles: Burnes, Hanback, Morrill, Thompson, A bill (H. R. 3504) to amend section 4414 of the ~evised Statutes Burrows, Hayden, Morrow, Townshend, relating the inspection of hulls and boilers; and ,, Butterworth, - Haynes, O'Donnell, Van Schaick, to Campbell,Felix Henderson, D.B. O'Hara Viele, A bill (H. R. 5878) to amend an act entitled ''An act to modify the Campbell, J. ?vi. Henderson, T. J. Osborn~. Wade, postal money-order system, and for <>ther purposes," approved March Campbell, J. E. Hepburn, Outhwaite, Wadsworth, Carleton, Henn.an.n, Owen. Wait, 3, 1883. Caswell, · Hewitt, Parker, Wallace, It further announced that the Senate agreed to-the report of the com­ Conger, ffiesta.nd. Payne. 'Vard,T.B. mittee of conference on the· disagreeing votes of the two Houses on Crain, Hill, Peters, Weaver,.A..:J. Curtin, Hires, Phelps, Weaver,J. B. the amendments of the Senate to the bill (H. R. 5890) for the relief of Cutcheon, Hiscock, Pirce, Weber, Grafton Monroe. Davenport, Hohnes, Plumb, West, Also, that the Senate requested a committee of conference on the Davidson, B. H. M. Hopkins, Randall, Davis, Honk. Ranney, :m;hi:-c. amendments ot the Senate to the bill (H. R. 8346) authorizinO' the em­ Dingley, Howard, Rice, Wolford, ployment of mail messengers for the postal service, and had ;pointed Dockery, Hudd, Rockwell, Worthington. Messrs. CoNGER, CHACE, and MAxEY as conferees on the part of the Dol'Sey, Jackson, Bomeis, Senate. . · Dougherty, James, Rowell, The message further announced that the Senate had passed bills of NAY&-84. the following titles; in which the concurrence of the House of .Repre- . Adams, J. J. Barnes, Bland, Cabell, sentatives was requested namely: Allen, ~- M. Barry, mount, Caldwell, 'Bennett, Bragg, Ca.tchings, A bill (S. 199) for the'retirement and recoinage of the trade-dollar-, ~~d~lee,' Blanchard, Bynum., Clements. 256 CONGRESSIONAL ·RECORD-HOUSE. DECEMBER 17~

Cobb, Gay, · Lowry, Sayers, The Clerk read as follows: Comstock, Glass, Matson, Shaw, . Cowles, Green,W.J. McCreary, Singleton, The committee of conference on the disagreeing votes of the two Houses on Cox,S.S. Halsell, McMillin, Steele, · the amendments of the Senate to the bill (H. R. 1>890) for the relief of Grafton Crisp, Hammond, 1\fcRae, Stewart, Charles 1\Ionroe, after full and free conference, have agreed to recommend to their re­ Croxton, Harris, ·Miller, 1 Stone, W. J., Ky. spective Houses as follows: · ' - : Culberson, Hatch, Mills, Swope, That the House recede from its disagreement to the a.m.endment of the Senate Dargan, Heard; Morgan, Taulbee, to section 1, and agree .to the same. Davidson, A. C. Hemphill, :1\lorrison, Taylor, J. M. That the Senate recede from its amendment to section 2, and agree to the Dawson, Holman, Neal, Tillman, same. · · · Dibble, Hutton, Neece, Trigg, FRANK T. SHAW, Dunn, Johnston, T. D. Peel, Turner, JONAS G. HOWARD, Eden, Jones,J.H. Perry, Van Eaton, J.MoKENNA, . Eldredge, .Tones,J.T. Reed,T.B. Wellborn, Managers on the part of the House. · Fisher, Kleiner, Richa1·dson, Wheeler, . S. B. ~I.AXEY, Ford, Laffoon, Riggs, Willis, ' 0. D. CONGER, Forney, Lanham, Rogers, Wise. JON A. THAN CHACE, . Managers on the part of the Senate. _ NOT VOTING-87. Aiken, Gibson, Eustace Muller, Snyder, The statement by the managers on the part of the House was read; Barbour, Glover, 1\Iurphy, Sowden, as follows: . · Bayne, Hale, Negley; Spooner, Belmont, Harmer, Nelson, Spriggs, The managers on the part of the House of the conference on the disagreeing Bingham, Henderson, J. S. Norwood, Storm, votes of the two Houses on the amendments of the Senate to the bill (H. R. Boutelle, Henley, · Oates, Strait, 5890) for the relief of Grafton Monroe, submit the following statement: _ · Browne, T. M. Herbert, O' Ferra.IJ, Tarsney, The Senate amendment to section 1, at the end of said section, adds the fol­ Brown, W. W. Hitt, O'Neill, Charles Taylor, E. B. lowing words: " Provided that it shall be proven to the satisfaction of said Campbell, T. J. Irion, O'Neill, J. J. Taylor, I. H. auditor that said postage stamps and money-order funds were lost, as aforesaid, Candler, Johnston, J. T. Payson, Thomas, 0. B. without fault or negligence on the part of said postmaster." · - · Cannon, Kelley, Perkins, Throckmorton, The recession of the Senate from its amendment to section 2 leaves said sec­ Clardy, Ketcham, Pettibone, Tucker, tion as it heretofore passed the House. Collins, King, P~dcoc~, Wakefield, FRANK T. SHAW, Compton, La Follette, Pmdar, Ward,J.H. · JONAS G. HOWARD, f'.ooper, Little, Reagan, Warner, A. J. J. McKENNA, • Cox, W. R. Long, Reid,J. W. 'Varner, William Managers on the part of the House. Daniel, Lovering, R eese, White, Milo Ellsberry, Mahoney, Robertson, Whiting, The report of the committee of conference wa.s agreed to. Ermentrout, Maybury, Rusk, Wilson, Mr. SHAW moved to reconsider the vote by which the confe1·ence Farquhar, Merriman, Sadler, Winans, report was agreed to; and also moved that the motion to reconsider oo Felton, 1\Iilli.ken, Scott, Woodburn. Gallinger, 1\litchell, Seymour, laid upon the table. The latter motion was agreed to. So the bill was passed. :Mr. GOFF. I ask unanimous consent to dispense with the reading ORDER OF BUSINESS. of the names. Mr.. RICE. There is one other pensio~ biH on which the previous There was no objection. question has been ordered. ·. I hope that that will·now be disposed of. The following additional pairs wm·e announced: The SPEAKER. ·There is a. motion to take a recess pending. Ur. OATES with Zlfr. GALLINGER, until further notice. Mr. ROGERS. I ask the gentleman from Indiana [Mr. MATSON] . Mr. FELIX CAMPBELL with lli. BURLEIGH, for the rest of the day. to yield to me for a moment that I may offer a resolution to which I Mr. DAWSON with Mr. WOODBURN. think there will be no objection. _ · Zl!r. SNYDER with Mr. WAKEFIELD. Mr. MATSON. · I yield to the gentleman for that purpose.• lli. PINDAR with Mr. O'NEILL, of Pennsylvania. llARBOR AT VAN BUREN, ARK. Zllr. THROCKMORTON with Mr. STRAIT. Mr. ROGERS, by unanimous consent, submitted the followin·g res- Mr. KELLEY with Mr. CLARDY. olution; which was read, considered, and agreed to: - Mr. O'NEILL, of Missouri, with Mr. SPOONER, on this vote. Resolved, That the Secretary of War be requested to furnish to the House of The result of the vote wa.s then announced, as above stated. . Represen~atives any information showing what changes, if any, have recentl;y Mr. GOFF moved to reconsider the vote by which the bill was passed; occutTed m the harbor at Van Buren, Ark., affecting navigation and facilities and also moved that the motion to reconsider be laid on the table. for commer<:e, and also plans and estimates, if any be necessary, to restore the The latter motion wa-s agreed to. harbor and Improve the navigation and commercial facilities at that point. · Mr. ROGERS moved to reconsider the vote by which the resolution FRIDAY · EV.E..~ING SESSIONS~ was adopted; and also moved that the motion to reconsider be laid 'on Mr. ZIIATSON. I ask unanimous consent that the order for Friday the table. evening sessions shall be changed so that the· House shall meet after The latter motion was agreed to. the recess at 7. 30 p. m. instead of 8 p. m. The original order was for ORDER OF BUSINESS. a meeting at 7.?0 p.m., and as the days lengthened the hour was changed as a matter of convenience to 8 o'clock. Now, as the days Mr. MILLS. I call for the regular order. are shortened, I ask that the recess shall be from 5 until half past 7. The SPEAKER. The question is on the motion of the gentleman The SPEAKER. Is there objection to the request made by the gen­ from Indiana [~fr. MATSON] that the Honse take a. recess until 7.30 tleman from Indiana? p.m. There was no objection, and it was so ordered. The question being tc'\ken, there were-ayes 59, noes 69. Mr. BRAGG. I ask unanimous consent that there be included in So the motion was not agreed to. Mr. BRAGG. I move that the House do now adjourn. the ~rder of business for the Friday evening sessions what was applied for by a resolution of the Committee on Military Affairs at the la.st ses­ The question being taken, there were-ayes 75, noes 93. sion, so that private bills reported by the Military Committee, except Zlfr. BRAGG. I call for tellers. such bills as relate to the retiring or restoring of officers, shall be in Mr. BRUMZII. To save time, I call for the yeas and nays; but if· order for consideration. • the call for tellers shall be withdrawn I will withdraw the call for the The APEAKER. Is there objection to the request of the gentleman yeas and nays. . from Wisconsin [lli. BRAGG]? , The question being taken on ordering the yeas· and nays, there were Mr. LIBBEY. I object. ayes 23-not one-fifth of the 1'18t vote. · So the yeas and nays were not ordered. - ORDER OF BUSINESS. Tellers were not ordered, only 7 members voting therefor-not one­ Mr. MATSON. I move that the House take a recess until half past fifth of a. quorum. 7 o'clock for business under the order of the House. So the motion to adjourn was not agreed to. Mr. BRAGG. I ask the gentleman to yield to me for a moment to Mr. MATSON. I move that the House take a recess until half-past report a bill from the Committee on Military Affairs. · 7 o'clock, for business under the order of the House. Ur: MATSON. I yield to the gentleman. The moti9n was agreed to; there being-ayes 113, noes 10. . And accordingly (at 4 o'clock and 10 minutes p.m.) the House took ARMY APPROPRIATION BILL. a recess until 7.30 p. m. Mr. BRAGG, from the Committee on Military Affairs, reported a bill {H. R. 10242) making appropriations for the support of the Army for EVENING SESSION. the fiscal year ending J nne 30, 1888, and for other purposes; which was The recess having expired, the House reassembled at 7.30 p. m. read twice, referred to the Committee of the Whole House on the state of the Union, and, with the accompanying report, ordered to be printed. ORDER OF BUSINESS . .Mr. MATSON. Mr. Speaker, I move that the House now resolve GRAFTON MONROE. itself into Committee of the Whole for the consideration of the special Mr. SHAW. I rise to present a privileged report, the report of a order. committee of conference. The motion was agreed to. 1886. CONGRESSIONAL RECORD-HOUSE. 257

The House accordingly resolved itself into Committee of the Whole, Mr. MORRILL. I observe that that bill is reported adversely, and Mr. HATCH in the chair. I would like to hear the report. The CHAIRMAN. The House is now in Committee of the Whole Mr. McMILLIN. I move that the bill be reported to the House for the transaction of business under the special order, which the ·with the recommendation that it lie upon the table. Clerk will read. 1\Ir. HATCH (Mr. McMILLIN in the chair). :Mr. Chairman, I see The Clerk read as follows: that the report in this case was made by Mr. LOVERING, one of the .Resolved, That on each Friday the House shall take a recess from 5 o'clock p. members of the Committee on Invalid Pensions. The bill bas been m. until 7.30 p. m., at which evening sessions private bills granting pensions brought to my attention once or twice by the gentleman from Penn· reported from the Committee on'"Invalid Pensions and the Committee on Pen­ sions, and bills reported from the .Judiciary Committee to remove political dis­ sylvania., Mr. RANDALL, and others interested in it, who are not pres· abilities, only, shall be considered. ent this evening. I know that both 1\ir. LOVERING and·M:r. RANDALL -Mr. 1\IATSON. I ask unanimous consent that members present be desire to make statements to the Committee or the House in regard to it. allowed to call up such bills as they desire. Mr. TAULBEE. There is an :ldverse report upon the bill. - }lr. BRADY. I call for the regul&r order. Mr. HATCH. I know; but the evidence was not complete at the The CHAIRl\IAN. Tberegular order is demanded. The Clerk will time that report was made. The committee will remember that the report the :first bill on the Calendar. husband of this lady while in the torpedo service lost his life by the premature explosion of a submarine torpedo, I think in the harbor of SECTIONS 4756 AND 4757 REVISED STATUTES. Newport. He was down in the water at the time in the performance The :first business on the Private Calendar was the bill (H. R. 4702) of his duties, and by the premature discharge of a torpedo be was amending sections 4756 and 4757 of the Revised Statutes, relating to killed. It is one of the saddest cases that have occurred in the Navy pensions to certain disabled persons who have served in the Navy or for many years, and I hope that gentlemen who have objected to ·the Marine Corps. consideration of the bill will withdraw their objections. It is a Sen· Mr. MATSON. I ask for the reading of the bill, with the view of ate bill, and simply proposes to increase ~his lady's pension to $50 a making a point of order against it. I suppose it to be a general bill. month. The bill was read. Mr. LOUTTIT. What pension is she dra:wing now? Mr. MATSON. I make the point of order that that is not a private Mr. HATCH. I am not advised upon that point; I am not familiar bill, and therefore is not in order at this evening ses..qion. · · with the details, but, knowing some of the facts from the newspaper The CHAIRl\IAN. . The point of order is sustained. The bill is reports at· the time the accident occurred, and having had the case evidently on the wrong Calendar. It is nota private bill. The Chair brought to my attention here, I think it is a very proper case for favor· suggests to the gentleman from Indiana [Mr. MATSON] that in the able action; and I mo>e that the bill be· laid aside to be reported to the House the reference of the bill ought to be changed. House with the recommendation that it do pass. Mr. LOUTTIT. I think her present pension is $30 a month . .JACOB S. BIDDLE. 1\Ir. TAULBEE. After the statement of the gentleman from Mis· The next business on the Private Calendar was the bill (H, R. 4712) souri [Mr. HATCH] that when the committee reported adversely on· to place the name of Jacob S. Biddle on the pension-roll. ' this bill, the proof which bas since been obtained was not before the Mr. SWOPE. Mr. Chairman, the gentleman-who introduced that committee, I would have no objection to a proposition that the bill be' bill [Mr. CAMPBELL, of Pennsylvania] not being present, I ask unan­ referred back to the C

258 CONGRESSIONAL RECORD-HOUSE. DECE:MBER 17, ..

in the Navy, and served on the United States steamer Ana.costia from August 11 STATE OF RHODE IsLAND, County of Providence, ss: 30, 1861, to August 2V, 1864. The claimant is suffering from total disability re­ "Sworn to and subscribed before me this 2d day of .January, 1882, and I cer­ sulting from a wound in his head, which he received some time in the summer tify that A. C. Dedrick is a regular practicing physician, and o. respectable and of 1863, while on duty, as he claims. The fact is established by abundant testi­ credible person; also, tha.t I have no interest m the prosecution of this claim; mony that Tracy was a sound o.nd healthy man at the time of his enlistment in the word 'left' erased and the word 1 right ' substituted before execution ; also, the Navy. His family were first advised of his wound in the head in the sum­ the months 1 December' and '.January' interlined in jurat. mer of 1863, when he was home on a furlough, but the wound does not seem to "WILLIAl\I M . .JOYCE, have seriously troubled him until some time after his discharge, when it began "Notary Publie." to be very painfuL . Since the time of tiling the original application for a pension, in .July, 1863, In view of the foregoing facts your committee report the bill with the recom- the claimant's mental and physical condition have become such that he has not m.endation that it pass. · been able to give any definite and intelligent statement of the circumstances The bill was laid aside to be reported to the House with a recom­ under which he was wounded or of his treatment in hospital immediately fol­ lowing the wound. During this time his sufferings have at times produced vi­ mendation that it do pass. olent insanity, the paroxysms of pain have been of the most intense character, E. A. ll1F ADDEN. and are fastreducinghim t-o a st&te of mental imbecility. The case has been ex­ Mr. PERKINS. 1\Ir. Chairman, I came into the ball just as the amined by several special exa.miner8, who were impressed with the fact that the case was a meritorious one; but from the facts above stated and the further Clerk was reading the title of the bill (H. R. 7699). I thought at the fact that the P.rincipal officers of the steamer at the time can not be found ren­ time, though I was not certain, that it was a bill introduced by me. der it impossible to obtain the necess.'liY testimony to establish the origin of the I sent a page for the bill, but before he returned the Clerk had passed on disability in the line of du.ty. These examiners have, however, suggested to the Pension Office that the claimant should receive relief by special act of Con­ to other bills. I ask unanimous consent that the bill {H. R. 7699) grant­ gress. The examining surgeon, member of the board at Providence, a man of ing a pension to E. A. McFadden be now taken up for consideration. · skill and reputation, reports his belief that the disability, which is total, was in­ The CHAIRMAN. If there be no objection the bill will be read and curred in the service. The claimant belongs to a family ·of the highest respect­ ability, an? two of his brothers served in the Army during •he war. considered. The con:U:nittee therefore recommend the passage of the bill. There being no objection, the bill was read, as follows: I Be it enacted, &e., That the Secretary of the Interior be, and he is hereby, au· Ur. TAULBEE. would like to ask if any gentleman present can thorized and directed to place on the pension-roll the name of E. A. McFadden, state wheth~r or not the application in this case has been rejected at late second lieutenant of Company G, Second Regiment Ohio Volunteers in thQ the Pension Office. [A pause.] I think it a bad precedent to pass bills Mexican war, and pay him a pension from and atl.er the passage of this act. granting pensions when the remedies afforded by existing law have not Ur. McMILLIN. I call for the reading of the report in this case. been exhausted. Mr. PERKINS. This is the case of an old soldier of the Mexican Mr. PIRCE. I assume· from the language used in this r.eport that war. the application of this case has been rejected at the Pension Office. The The CHAIRMAN. Does the gentleman from Tennessee [Mr. McM:ru. bill has received the favorable action of the Senate, and has been re­ LIN] insist upon the reading of the report in.this case? It iB a bill to ported unanimously by the committee of this House. I suppose it is pension a soldier of the Mexican war. all right. and that the applicant's rutme could not be placed on the rolls Mr. McMILLIN. I do not insist on the reading in this case, because by the Pension Office; otherwise this proposition would not have been I do not desire to seem to discriminate; but I think these reports, as presented here. a rule, ought to be read. Mr. LOUTTIT. I observe that this report was prepared by the gen­ The CHAIRMAN. The report is not lengthy. tleman from 1\iassachusett:B [Mr. LOVERING]; and I believe it is a rule Mr. PERKINS. This is the case of an old soldier of the Mexican with him not to report any of these bills favorably unless the applica­ war, who iB now almost dead • . tions have 'been rejected at the Pension Office. The report (by Mr. WHITE, of Pennsylvania) was read, as follows: Mr. TAULBEE. After the statement of the gentleman from Cali­ The claimant E. A.l\IcFadden enlisted May 29, 18!6, in Company G, Second fornia (Mr. LOUTTIT], my colleague on the committee, to the effect Regiment Ohio Volunteers, l\Iex1can1 war, and mustered into service .July 2,1846, is and was discharged October 31, 18!6, on account of disability. Claimant made that it the custom of the gentleman from MassachusettB (Mr. Lov­ application for pension in 1852, and also in 1879, but for lack'of satisfactory evi­ ERING], who made the report in this case, not to state in his reports dence it was not allowed. the fact that the cases have been rejected by the Pension Office, I shall As in the opinion of your committee the evidence clearly shows that claimant served in the Mexican war and was discharged on account of disability, and as offer no further opposition to this bill. . .I think the language implies, he made an application for pension in 1852, although not conclusive, is satisfac­ at least, that there has been unfavorable action at the Pension Office. tory evidence that claimant incurred permanent disability in sa.id service. They The bill was laid aside to be reported to the House with the recom­ would recommend the passage of the bill. mendation that it do pass. Mr. MATSON. This bill appears to be defective in itB terms, as it 1\IABY ll1liAHOY. does not fix the amount of the pension, nor does it provide that the per­ The next business on the Private Calendar (called up by Mr. son shall be pensioned, ''subject to the provisions and limitations of SPOONER) was the bill (S. 2372) for the relief of Mary 11IcMahon. the pension laws." . The bill was read, as follows: Mr. PERKINS. I move to amend by inserting at the end of the bill the words "subject to the provisions and limitations of the pension Be il enacted, ~c., That the Secretary of the Interior be, and he hereby is, di­ rected to place on the pension-roll. subject to the provisions and limitations of laws." I think those words were a part of the bill as I introduced it, the pension laws, the name ofMary McMahon, widow of Peter McMahon, late'a but I am not certain. As a matter of precaution I offer this amend­ private in Company E, Second Regiment Rhode Isla.ndlnfantry,and pay her a ment, though it is somewhat doubtful whether it is necessary. pension from and after the passage of this act. The amendment was agreed to. Mr. McMILLIN. Let us have the report read. The bill as amended was laid aside, to bereported to the House with The report (by Mr. LOVERING) was read, as follows: a recommendation that it do pass. · The Committee on Invalid Pensions, whom was referred Senate bill 2372, to THOMAS M. TATmi. having had the same under consideration, adopt the Senat~ report, and report back the bill and recommend its pnssage. The next busin~ on the Private Calendar was the bill (H. R. 6241) That Peter McMahon, the husband of Mary McMahon, enlisted as a private in Company EJ Second R.egiment Rhode Island Volunteers. August 1, 1861. That granting a pension to Thomas M. Tatem (reported from the Committee on theoth ot .June, 1864, at the battle of Cold Harbor, Va., he was wounded in on Invalid Pensions by Mr. SwoPE). the shoulder by a musket ball, and was discharged for disability on the 17th of Mr. SWOPE. I am informed by the member who introduced that October, 1864. He was pensioned Angust4,1865 forthodisabilityresulting from his wound. His pension was increased from ttme1 to time, until at the time of bill that the pension bas been granted by the Pension Office. I there­ his death, January 29, 1879, he was receiving $18 per month. The application of fore move it be laid aside to be reported to the House with the recom­ the widow was rejected by the Pension Office because the medical reviewer did mendation that it be laid on the table. not feel satisfied that the disease from which he died was traceable to the wound in the left shoulder. The following affidavit of Dr. A. C. Dedrick. a. leading phy­ The motion was agreed to. , sician of Warwick., R.I., and late surgeon in the Army, who attended him at the IIEIDIAN BAUMHAGER. time of his death, seems to clearly establish the fact that the fatal disease resulted from the injury for which the soldier was peOBioned, and which wound was On motion of Mr. HERMANN, the bill (S. 2149) granting an increase received in the battle of Cold Harbor1 as stated above: ofpension to Herman Baumhager was taken up for consideration. "I, A. C. D edrick, a regularfracticmg physician, residing and practicing in The bill was read, as follows: the town of Warwick, State o Rhode Island, upon oath depose and say that I was called upon to treat professionally, in his last sickness, Peter McMahon, Be it enacted, &:c., That the pension of Herman Baumhager, of East Portland late of Company E. Second Rhode Island Volunteers, and found him suffering Oreg., of $30 per month (certificate 23293), be, a.nd the same is hereby, increased from double pleuritis, with slight pneumoniJ;is in the right lung, which disease, to S40 per month. by increasing the duties of the leftJ,ung, in all probability caused the reopening of The report (by Mr. SwoPE) was read, as follows: an old injury to the let\ lung, received, in my opinion, at the time that he re­ ceived the gu.nshot wound in the shoulder. producing pneumo-hydrothorax in The Senate report, hereto attached, represents the present condition of this the let\ side, of which complication he died on or about .January 29, 1879. At claimant, which, in the opinion of this committee, entitles him to receive the my first examination of the patient I observed a large cicatrix over the left relief granted by the Senate. They therefore report the bill favorably, and ask breast, which he informed me was the site of a lar~e abscess which had formed that it do pass. there, and had opened and discharged large quantities of pus and several pieces The petitioner was a private in the Fifth Regiment Minnesota Volunteers, of dead bone while he was under treatment in general hospital .lor wound in Company E. He was pensioned for paralysis of the right side, a. disability re­ shoulder, which abscess, the surgeon in charge informed him, was caused by the sulting from his service. He was first allowed $20 a month, and was advanced passage of some foreign substance through the lung when he was wounded, and to $30 a month on account of increasing disability. His infirmities have grown lodging in the wall of the chest anteriolly. As the inflammatory action was upon him, so that at the present time he is comparatively helpless. Hisattend­ not at any time severe; it is my opinion that his death resu.lted from the 'ing physician certifies to his protracted knowledge of his condition, and de­ original wound in the left shoulder, affecting the left lung in manner and form scribes paralysis of right arm. hand. and leg. and partial loss of speech. His as above set forth. helplessness is such that he requires an attendent to dress and feed him. The committee report the bill with an amendment, changing the word "fifty " "I have no interest in the claim of widow McMahon for pension whatever. to "forty," in the sixth line, and, as amended, recommend that it do pass. "ALBERT C. DEDRICK, M. D., "Late Assistant Surgeon, Fourth Rhode Island Volunteers. The amendment of the committee was agreed to; and the bill rut

., 1886. CONGRESSIONAL RECORD-HOUSE. 259

amended was laid aside to be reported to the House with the recom- the thanks of the Western Sanitary Commission, is respectfully tendered. She has re-enlisted as a veteran. mendation that it do pass. • JAS. E. YEATJI.I.A.N, President. THERESA SCHLEYER. SAn.'T Lours, JanuanJ 20, 1865. On motion of Mr. ELLSBERRY, the bill (S. 1191) granting a pen­ RooM WESTERN SANITARY CoMMISSION, sion to Theresa Schleyer was taken up for consideration. Saint Louis, August 4, 1862. The bill was read, as follows: Miss CARRIE C. McNAm: The Sanitary Commission have awarded to you Mld Miss Collins a. premium Be it enacted, &:c., That the Secretary of the Interior be, and he is hereby, of $.5 each, which was decided to be given to twenty of the best female nurse! authorized and directed to place on the pension-roll, subject to the provisions in this department, besides a certificate and yote of thanks, which you will call and limitations of the pension laws, the name of Thel'esa Schleyer, widow of and get when yon visit the city. Charles Schleyer, late captain of Company F, One hundred and sixth Ohio Vol­ Very respectfully, unteer Infantry. JAS. E. YEATMAN, President. The report (by Mr. ELLSBERRY) was read, as follows: NASHVILLE, TENN., June 13, 1865. The Committee on Invalid Pensions, to whom was referred the bill (S. 1191) Miss CARRIE C. McNAIR: . granting a pension to Theresa Schleyer, having examined the same, concur in I am unwilling that you should leave Nashville w·ithout taking with you to the Senate report hereunto attached, and recommend the passage of the bill. your friends in Saint Louis some writt-en acknowledgment of.the estimation in · The CoJD.IIUttee on Pensions, to whom WJ;~S referred the bill (S. 1191) granting which you are held in Nashville, forthe valuable services you have rendered-in a pension to Theresa Schleyer, beg leave to report back the same, With recom­ aid of sick and wounded soldiers in our general hospital at this post. I am mendation that it do pass. well acquainted with those services, and know that your work bas been well Theresa Schleyer is the widow of Charles Schleyer, deceased, late captain of and faithfully·done. I have never heard any one speak of you except to praise the One hundred and sixth Ohio Infantry Volunteers, who enlisted in that reg­ you; and it gives me pleasure to say that you carry with you to your home the iment on the 11th day of August, 1862, was commissioned first lieutenant of that love and respect of all who know you. 1·egiment November 11,1862, and captain March 21,1864, and was honorably dis­ With sincere wishes for your future welfare, I am your friend, charged from the service June 29, 1865, by reason of the disbandment of the • E. ROOT, Volunteer Army at the close of the war. On the 17th of February, 1867, said Agent in Charge U. S. Sanitary Commission, Nashville, Tenn. Schleyer was legally married to Theresa Hanselman, by whom he had in wed­ lock four child1·en, who are still living and none of them yet of age; and on the 6th day of August, 1879, he was struck and killed by lightning, leaving the said Theresa his widow, who has never since. married and still survives him. Her Miss Carrie McNair is about to leave our employment, simply because the application for a pension, which was made July 12, 1882, was rejected by the necessity for her service has ceased. While we are thankful that the wo.r is Pension Office" on the ground that the immediate cause of soldier's death was ended and hospitals closed, we are sorry to part with one who, through all our not one due to his Army service." labor, we have found a most faithful, untiring, and devoted co-worker and The farts remain, and are shown by papers in the labor or your committee, friend of the soldier. that the widow ha-1 since the d t> ath ot said C harle3 Schleyer been compelled to MRS. ALFRED CLAPP, support herself and the four children by her own labor as a laundress or wash­ Pres. L. A., U. S. erwoman; that she is and has been in feeble health, which made U painful and Many other testimonials of like character as to the >alue of her services are onerous for her to perform such se\"ere service; that she and her children-who on file, but it is not necessary to quote further f1·om them. are also the children of a brave and faithful soldier-have endured much Enf­ E. L Weisner, late captain of Company D, Third Iowa Infantry, testifies: fering and poverty, which the passage of this bill would serve to greatly relieve. "I was well acquainted with Miss Caroline C. McNair prior to 1861, while she The views of the minority were then read, as follows: was a resident of this place, and know that she was a healthy, able-bodied per­ son, and that she enlisted in the United States service as a hospital nurse in 186L VIEWS OF THE MINORITY, That I was a captain in the Third Iowa Infantry Volunteers, and while stationed We are unable to a~ent to the views and recommendations of the ma­ at Saint Louis, 1\fo., I saw her frequently in the discharge of her duties as hos­ jority of this committee. The soldier's death was in no way a ttributable to or pital nurse in the Fourth-street hospital in said city, and know that she not connected with his Army Eervice. He wa'3 killed by l :g htning long after his only gave her time and service in alleviating the sufferings of sick and wounded discharge. In rlmilar cases, equally meritorious, thiscommitteeha.>heretofore soldiers of the United States Army, but she also contributed of her scanty earn­ uniformly reported adversely. No reason exists for granting a pension in this ings in procuring delicacies for those under her care, and that she remained in case that might not be applied to thousands of ca.ses where soldiers have been the service until the close of the war." killed or have died of diseases not connected with the service since the war. William B. Taylor, of Canisteo, N. Y., testifies: This is a field of gratuities upon which Congress has heretofore refused to enter. "I have been acquainted with Caroline C. McNair since the year 1851. At that We can not consent that this widow shall be singled out above all others, in time and up to the time she went into the hospital service she was a. sound violation of rules and practices heretofore adhered to, and a ccordingly beg and healthy woman. That she was a school teacher, and during the years 1854 leave to dissent from the recommendations of a majority of this committee, and 1855 worked at that business more than 3 miles from her residence, and nnd ask that the bill may lie upon the table, that she walked to and from the school-house each day she taught. That I have lived within 1 mile of her the whole of the time since 1853 or 1854., except while M:r. MORRILL. Who signed those minority views? she was in the service. That immediately after her return from the service'I The Clerk read as follows: saw her, and she was using crutches, being lame, as was at that time alleged, from continual traveling in said service, and that the said claimant has been 1\Iartin A. Haynes, C. C. Matson, E. N. Morrill, John A. Swope, Edwin B. wholly incapacitat-ed for manual labor from that time np to the present time." Winans, W. P. Taulbee, H. B. Lovering, J. N. Pidcock, E. H. Conger. Victoria A. Green testifies to same facts. • Eli Soule makes affidavit of like import. Mr. W.ALLACE. Mr. Chairman, this case fulfillsthe requirements Lura B. Taylor testifies: we have all been looking for. This is the case of a soldier who was "She first became acquainted with Miss Caroline C. McNair in the year 1873, struck by lightning after the war was over. I think, considering the when she came to us on crutches. The summer of 1874 was spent in company with said Miss McNair at a sanitarium at Castile, N.Y.; that she (1\1iss McNair) large minority representation of the committee, that bill should be was suffering from a serious complication of diseases. She did not lose courage, laid aside to be reported to the House with the recommendation that but talked of what she hoped to accomplish when restored. She has never re­ it be laid upon the table. covered her health, and is unable to engage in any pursuit requiring physical strength." The motion was agreed to. Dr. M.D. Ellison, of Canisteo, N.Y., testifies: CAROLINE C. l\I1NAID. "He is a practicing physician, and has been acquainted with 1\Iiss Caroline C. McNair for about nine years, and that she has been a.filicted with nervous pros­ On motion of Mr. FULLER the bill (H. R. 7689) granting a pension tration since his acquaintance in 1877; that he 'has prescribed for and treated to Caroline C. McNn.ir was taken up for consideration. her for the same at times since that date; she is subject to numbness of the left side of the body, pains along the spinal column, twitching of the muscles of the The bill was read, as follows: left side, and obstinate constipation; she was constantly under my care in 1880, B e it enacted, &c., That the Secretary of the Int.erior be, and is hereby, author­ is weak physically, and unable to perform manual labor." ized and directed to place on the pension-roll, subject to the provisions and Dr. C. P. Chamberlain, in along affidavit, sets forth a like state of facts, and limitations of the pension laws, the name of Caroline C. McNair, of Canisteo, certifies to a continuing disability and treatment therefor. Steuben County, New York, at the rate of $25 per month. Your committ-ee are of the opinion that the high character and long-continued services of this nurse, the resulting disability, and her present helpless condi­ The report (by Mr. CoNGER) was read, as follows: tion, should entitle her to a pension, and therefore recommend the passage of That Miss Caroline C. McNair was one of those self-sacrificing, heroic Chris­ the bill, after striking out of the last line the words "twenty-five" and insert­ tian women whd left the comforts of a pleasant Northern home, with health ing the word" twelve." and vigor, early in 1861, and for four years and more followed the fortunes of war; endured its hardships, privations, and agonies; gave her time, strength, The CHAIRMAN. The question is on the amendment of the com­ and health to the arduous and dangerous duties of hospital service as a volun­ mittee to strike out "twenty-five" and insert "twelve;" so it will teer nurse in the United States Army, and returned to her home and friends read: with health broken, having incurred disability in said service, that has con­ tinued to exist to the present time, and which renders her incapable of perform­ .A.t the rate of $12 per month. ing manual labor, or engaging in any business whereby she may support her­ Mr. ELLSBERRY. I object to this bill. I do not think there is self. She has never m arried, and must depend upon her friends for maintenance. The following certificates and affidavits clearly set forth her distinguished more merit in this case then in the Schleyer case, which was reported services, their excellence, their unusual merit, and the broken health resulting to the House with the recommendation it be laid upon the table. There therefrom: it was proposed to grant a pension to Theresa Schleyer, the widow of OFFICE SANITARY COXMISSION, Saint Louis, J[o., December 28, 1861. Charles Schleyer, deceased, late captain of the One hundred and sixth Miss Carrie C. McNair has this day been appointed nurse in the military hos­ Ohio Infantry Volunteers. Here the pension is to be granted no doubt pita ls of the Western department by authority delegated to the Sanitary Com­ mission by .1\fiss D. L. Dix, general superintendent of nurses in military hos­ to an estimable woman, but to a ~nurse who was paid for her service. pitals in the United States. She asks for a pension when there is no law covering her case, and D. L. DIX, members are willing to grant her a pension, while a moment ago they For JAMES E. YEATMAN, President of Sanitary Commissi<>n. refused to grant a pension to the widow of a brave soldier who served for four years in the war, and whose case is supported by the petitions [Certificate.] of hundredB of as good citizens as there are in the State of Ohio. n is alleged that this nurse is poor and broken down in health. The WESTERN SANITARY COMMISSION. widow of the soldier who was struck by lightning is also poor, and This is to certify that Miss Carrie C. McNair has been employed in hospital as nurse for three years, and in other positions connected with the service, and needs a pension. Yet this House has refused to grant a pension to discharged her· duties as such faithfully and well; for which this certificate, with that soldier's widow, and now seems to be willing to grant a pension CONGRESSIONAL RECORD-HOUSE. DECEMBER 17 . 260 . ' to this schoolmistress who served as nurse. Where is the distinction LlJKE HOROBIN. which can be drawn in fa vor of the nurse and against the widow whose The next business o~ the Private Calendar (called up by Mr. llOLl\IES) husband lost his life? There is no just distinction which can be drawn was the bill (H. R. 8949) granting a pension to Luke Horobin. against the widow and in favor of the nurse. And if this woman is en­ The bill is as follows: titled to a pension, then the widow of the dead soldier is also entitled Be i t en.actea, &c., That the Secretary of the Interior is hereby nuthorized and to a pension. I am not in favor of granting a pension in this case just directed to place on the pension-roll of the United States, subject to the regula• after we have refused to grant a pension in the other. Not one vot-ed tion of the pension laws, the name of Luke IIorobin, late a. private in Company in favor of the widow, and yet in this case I have no doubt the bill D, Fifty-first Regiment of Indiana. Volunteers. will be carried through the House by a large majority. Let gentlemen, The report (by Mr. CoNGER.) is as follows: if they can, reconcile the inconsistency of their action. That this soldier was a private in Company D, Fifty-first Indiana. Volunteers, The amendment of the committee was agreed to; and the bill as and alleges in his application for pension, filed April 3, 1if77, that from exposure amended was laid aside to be reported to the House with the recom­ in the service and fmm caring for the sick, dying, and dead in hospital at Bards­ town, Ky., in .January, 1862, he contracted bla-ck- bone erysipelas in right leg, re­ mendation that it do P~: sulting in permanent disability of the same. His application was rejected on JOSEPH F. KIBKHART. the ground of "claimant's inability to establish origin in the sen·ice in line of dnty; unn.ble to furnish n.ny evidence whnte,·er a.s to soundness n.t enlistment." The next business on the Private Calendar (called up by Mr. CoN­ As the law now is, prior soundness is presumed; but we have as corrobora­ GER) was the bill (H. R. 9167) granting a pension to Joseph F. Kirk- ti\·e of this presumption the affidavits of .Joseph Salt and .James Smedley that they were intimately acquainted with claimant prior to his enlistment, except hart. · · about six montlls immediately preceding his enlistment, and they know be wa,s The bill is as follows: a sound and healthy man, free from erysipelas and varicose veins. Be it enacted, ltc., That the Secretary of the Interior be, and he is hereby, a.u­ He was discharged May 24,1852, for the following, as appears in his certificate tborized and directed to place on the pension-roll, subject to the requilements of disabilit-y for discharge: and limitations of the pension laws, the name of .Joseph F. Kirkhart, late a. "Enlarged thyroid gland, interfering seriously with respiration and degluti­ private in Company E, One hundred and seventeenth Ohio Volunteers, second tion. He has had caries of the shin-bone, and muscular abscesses of the thigh lieutenant of Company D, Fourth Independent Battalion Ohio Volunteers, and and shoulder. He is evidently, in my opinion, of scrofulous diathesis." first lieutenant of Company .A., Thirteenth Ohio Cavalry. Dr. David \V. Flora, late acting as!!istant surgeon, and the same that signed the soldier's certificate for discharge, certi~es: The report {by M.r. CO:NGEn) is as follows: "He saw said soldier in the fall of 1861 at Bardstown, Ky. His leg was attacked by pblymonous erysipelas, for which be treated bi.m about four days, This claimant enlisted October 8, 1862, in Company E, One hundred and when he was then sent to general ho!lpital. Said soldier was next seen by me seventeenth Ohio Volunteers, but was taken sick before muster-in and is marked at Louisville, Ky., in the month of May, 1852, at which time be was compelled to on company description book: go upon crutches. His leg had been the seat of several abscesses, which had "Discharged November 9, 1862, by Surg . .J. L . Feristone, at Camp Ashland, caused extensive destruction of muscular tissue and contraction of tendons. It Kentucky. Remarks: Rejected by mustering officer; ca.use not stated:" was my pt·ofes8ional opinion at that time that !laid soldier would never again After sufficiently recovering he was commissioned as second lieutenant perform military duty, nor gain a. livelihood by manual labor. Aboutthistime Company D, Independent Battalion Ohio Cavalry; afterwards as first lieuten­ the soldier recei\-ed his discharge from the service of the United States." ant Company A, Thirteenth Ohio Ca>a.lry, from which he was dLo;;charged May Au examination by Hiram Neill, examining surgeon, discloses his present 3 condition, as follows: 'l!S:Srued his apdlica·ion for pension .July 23 1381, on account of •·heumatism, •· ErysipeJo..~ of right leg a.nd thigh; measurements of legs over each calf and' gunshot an shell wounds received in battle before Petersburg, July 30, show the affected leg to be 1 inch the smaller at that point; similar measure­ 1804. His claim was rejected May 5, 1886, because of" no pensionable disability ments below the knee show the aft"ected leg to be one-half inch the smaller. from wounds, and because rheumatism is alleged to have been incurred while Niue cicatrices, evidently once the seat of ulcera, appear upon the leg and thigh. serving under the enlistment in the first organization, namely, One hundred The first cicatt·ix i;s located over metacarpal bone of g1·eat toe ; second, internal and seventeenth Ohio Volunteer Infantry, into which he was never mustered." to crest of tibia, about·4 inches above internal malleolus. This ulcer probably .Joshua Grove, captain Company C, 'l'hirteenthRegimentOhio Volunteer Cav­ affected the bone, as there is a dept·es~ion in the bone. The other cicatrices ap­ alry, testifies as follows (and his affi.d:wit is fully corroborated by the records in pear alonl! the course of internal saphenou~ vein. All the cicatrices are very the War Department): . tender. The leg and thigh are about one inch and a half shorter than sound "That he has been well and pe rsonally ocquainted with said .Joseph F. Kirk­ side. A large ecchymosis appears upon the external part of leg, showing that hart for 21 years or more, and that said .Joseph F. Kirkhart was commissioned leg must have been recently intl!t.med. Applic.J.nt's leg n.nd thigh are tender at a lieutenant in (his) Company D, Fourth Independent Battalion Ohio Volunteer many different points, especially along internal saphenous vein. The calf and Cavalry, on or about the 1st day of August, 1863, and continued in said service the crest of the tibia, all branches of saphenous vein, are varicose. Applicant till said battalion was mustered out on the expiration of its six months' term of is lnme." service on or about the 14th day of March, 1864, when the said organization And be rates him at $12 per month. The record in the Adjutan~General's was m~tered in the Thirteenth Regiment Ohio Volunteer Cavalry, and the Office shows that soldier was in hospital as alleged. The certificate of disability said .Joseph F. Kirkhart was recommissioned in (l1is) Company C of said regi­ for discharge shows that be was disabled. ·The subsequent affidavit of surgeon ment. That said Lieut. .Joseph F. Kirkhart, in the said first service, in the describes anddefines his disability as the same disease which disables him now. autumn of the year 1863 became disabled for general duty by reason of an attock Your committee can not understand the rejection of this case at the Pension of rheulllJI.tism, from exposUl·e on duty, atler a. sickness of fever at Cumberland Office, unless from the reference to scrofula in the certificate of discharge they Gap, Tenn., where the battalion w~ stationed in t?e fall and winter of 1863, presume prior existence of the disability. and was so afilicted by reason thereof as to be relieved of general dlity, yet The law authorizes the opposite pret~umption, which, if given to the soldier, continued to serve with the company whenever actively engaged before the makes his case one of merit, and in the judgment of your committee he should enemy. That when said battalion was mustered out and mustered into the be pensioned; therefore we recommend that the bill do pass. Thirteenth Cavalry, said lieutenant ·was commissioned in my company, C, of said regiment and subsequently assigned to Company K, of the same regiment. The hill was laid aside, to be reported to the House wilh the recom­ He was still s~tfering from the continued affliction of rheumatism of the year previous yet participating with the regiment in every action in which it was mendation that it do pass. engaged' through VIrginia, till it reached Peteraburgb, Va.., where, upon the CIIARLES T. WORNO~. movement of Grant upon Lee's works, the fort before Petf>rsburgh, on the 30th day of .July 1864, said Lieutenant Kirkhart was wounded, and taken prisoner The next business on ihe Private Calendar, called up by Mr. LYM:AN, in thea.ctio~, from which imprisonment he was not exchanged till the close of was the bill (H. R. 9169) to place on the pension-roll the name of Charles th~;':::t,her that in May or .Ju"ne I met said lieutenant in Washingt<>n, D. C., T. Wornom. just returne'd on his exchange from imprisonment., so seriously afilictcd ft·om The bill is as follows: continued rheumatism and from prison confinement as to be merely able to walk with the aid of a cane. When I last saw him, about two years since, he Be it enacted, &c .• That the Secretary of the Interior be, and he is he1·eby, au­ was manifestly declining from same causes. From reasons to be inferred from thorized and directed to place on the pension-roll, subject to the limitations, re­ the foregoing statements, I do ve.rily bel.ieve tba~ ~id Lieu~ena.nt Kirkh_art, s ~ rictions, and provisions of the pension laws, the name of Charles T. Wot·nom, from disease, broken health, contracted m the mlldary service of the Umted of Atlantic, Iowa., late of Company F, Twelfth illinois Cavalry. States is disabled from obtaining his subsistence by manual labor. He was a good ~oldier, a competent, efficient, and faithful officer." The report (by Mr. CoNGER) is as follows: Continuance of his disability from discharge is proven by neighbors and This soldier enlisted .June 15.1861, in the Seventeenth lllinois Volunteers; p¥:~cf:~ts;,fficial medical examination describes- discbar"'ed October 29,1861; enlisted again .July 1,1862, inFirstlllinoisCavalry, " Gunshot wound of left leg below the knee, and shell wound above the knee, and w~ mustered out with the regiment .July H, 1862; enlisted November 20, but does not ascribe any disability directly t<> wounds, but says be bas rheuma­ 1863, and discharged .January 28,_186.5. · 15, 1870, tism all over, especially in left le~ and back; that h.e bas pain. a.~d lameness.. He He filed his declaration for a pension .August which was rejected on uses a cane and limps. There IS no apparent st1tfness of JOtnts nor swellmg; the ground that" disability exist-ed prior to enlistment." and the m~cle and tendons furnish no physical sign of rheumatism; legs uni­ This rejection is based upon the following statement by the surgeon in his form in development. Iu view of his statement of his long service, with seven first discharge, viz, "because of incipient phthisis, of hereditary origin." months in prison, and his declaration of pain, the board be1ieve his statements In his last discharge we find the following, by his company commander: are true and that he has sciatic rheumatism as a. result of the wounds abo>e "By reason of disease of the lungs contra.cted while in the service oftbe United described, and would recommend a rat-ing of one-fourth." · States." We have, then, this state of facts: Soldier bad two attacks p~ rbeu~atism in And in sr.me, by the assistant surgeon: "Asthma for which he has received medical treatment in hospital and in romp, service, yet continued to do duty, was wounded. and taken p1:1soner m "~?a.ttle; without an'y beneficial effect. He bas done no duty in the tield since enlist­ was imprisoned for seven months, has been disabled ever stnce, and JS now suffering with sciatic rheumatism as a result of his wounds. · ment and he is not fit for invalid corps. Dt>g1·ee of disability, one-third." Your committee believe l)is claim to a pension is cleal"ly established, and Th~ last official medical examination is as follows: " This applicant claims to have been attacked with ;hleeding from the lungs therefore recommend the passage of the bill. while on duty at Napoleonville, La., in July, 1864, and bas had a cough and more Mr. WALLACE. · I ask that that bill be laid aside with the recom­ or less expectoration of blood and pus ever since. I find the bronchial murmur all over the upper lobe of the left lung, and it is very dull on perc.ussion ..He mendation that it be laid upon the table, as I do not see anything in' now bas a continual hacking cough, but only expectorates on usmg phy 1cal it to justify the granting of a pension. exertion about every three or four weeks. D isability results from weakness, Mr. CONGER. I move to amend the motion by laying it aside with and the general1·esults following phthisis, entitling h im to total third grade, or the recommendation that it do pass. $l~g:~ei~~~~~e ample lay testimony to prove prior soundness. The two cer­ The CHAIRMAN. The latter motion takes precedence. tificates of discharge name a differen t disability, thus throwing o. doubt upon The motion of Mr. CONGER was agreed to. their accuracy. He was three times accepted into the service, so far as the rec­ ord shows, without objection. lie .was disabled at date of dis.cbarge, and bas The bill was accordingly laid aside to be reported to the House with been ever since. Following the str1ct letter of the law the claun was pr.obably the recommendation that it do pass. properly rejected by the Pension Office, but Congress can and should glVe the 1'886. CONGRESSIONAL RECORD-HOUSE. 261 soldier the benefit of all doubt; wherefore the passage of the bill is recom Mr. DORSEY. That is satisfactory to me. mended by your committee. · Mr. NEECE. That is the effect of the bill. The bill was laid aside to be reported to the House with the recom- The amendment -was agreed to. mendation that it do pass. - ' The bill as amended was laid aside, to be reported to the House, ALEXANDER TRil\IBLE. with the recommendation that it do pass. The next business on the Private Calendar (called up by Mr. CoN­ NANCY GUNS.ALES. GER) was the bill (S. 1897) granting a pension to Alexander Trimble. The next business on the Private Calendar (called up by Ml.·. ~foR­ The bill is as follows: RILL) was the bill (H. R. 3931) to grant a pension to Nancy Gunsales. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ The bill is as follows: thorized and directed to place on the pension-roll, subject to the provisions and Be it enacted, cfcc., That the Secretary of the Interior be, and he hereby is, au­ limitations of the pension laws, the name of .Alexander Trimble, late a. mem- thorized and directed to place on the pension-roll the name of Nancy G';JilSa:les, ber of Company H, Seventeenth Regiment of Iowa Infantry Volunteers. • widow of Samuel Gunsales, late of Company K, One hundred and mnetreth The report (by Mr. CoNGER) is as follows: Regiment Pennsylvania Volunteers. "The claimant was a private in Company H, Seventeenth Iowa Infantry. He The report (by Mr. MoRRILL) is as follows: enlisted in 1862, al'l.d was discharged in 1865. He claims disability, permanent Claimant is the widow of Samuel Gun sales, late of Company F, One hundred and acute, from chronic dyspepsia.. There is no testimony of his having been and ninetieth Pennsylvania Volunteers, and applied for pension as such widow, sick in the service, and he says the physician who treated him is dead, and he alleging that the soldier died January 23,1885, of disability contracted in the finds it impossible to procure the testimony required. The Adjutant-General's service aforesaid. The soldier was a pensione.r at the time of his death, at the report, however, does show that he was several months a prisoner in the South, rate of $12 per month, for gunshot wounds of right leg, left thigh, and left tes­ which is very strong circumstantial evidence that he may have incurred not ticle. Claimant was married to the said soldier January 28, 1845. only chronic dyspepsia, b?t almost any o~het: disease to which t:J;le sol~ier .is lia­ Dr. James Haller of Burlingame, Kans., who had examined the soldier in ble. His record as a soldier from the begmmng to the end of hlB serVIce IS ex­ 1882 and 1884, on hi~ application for increase of pension, testifies, under date of cellent and his reputation as a man is of the best. His neighbors, quite anum­ March 16, 1886, as follows: · · . ber of'them, certify to his physical depreciation, and to his inability to do "I am sixty-two years of age, a resident of Burlingame, Osage County, Kan­ manual labor more than a small portion of the time. The examining surgeon sas, and have been for the past seventeen years; have .practi~d medicine and testifies that he is ill from the cause specified by him; that he is reduced in surgery for thirty-five years last past; that I was acquamted With Samuel Gun­ strength; that his heart is affected, and his respiration at times difficult; and he sales, deceased, late a privateCompanr K, O?e ~undred and ninetiet~ Pennsyl­ adds that he has personal as well as professional knowledge of his disabled con- vania Infantry Volunteers, and exammed hun m June, 1882, for an mcrease of dition. ' pension, 176,263, granted because of disability in.curred in the A:-rmy from ~­ "The committee are of the opinion that the claimant is entitled to the relief shot wounds of right leg, left thigh, and left testtcle, and for which I rated htm he claims and needs, notwithstanding his inability to furnish the full amount at that time, to the best of my judgment, in accordance with the physical con- of testimony required. The bill is therefore reported favorably, with the rec- dition then found. . ommendation that it do pass." - "Again, in March, 1884., by order of Commissioner of Pensions, I made a spe«?tal After a careful examination of the papers in this- case on file in t-he Pension examination, going to his residence,l7 or 18 miles. dis~ant; found an aggra~at10n Office your committee adopt the above, and find further that there are none of of disability arising from wounds over lastexammahon, and rated accordmgly. the records of the Seventeenth Iowa Infantry on file in the Surgeon-General's Also found, from his own statement, one.of his physicians (he having had three Office and hence could be no record of his medica.l treatment in service. But or four) and that of his neighbors, he had been disabled for manual labor for a his so~d, healthy condition at enlistment is clearly proven, and the fact of year lilld because of anasarca of lower extremities and abdominal dropsy had disability at discharge and continuance since is well established. been' confined to the house for four months. Two months previous to my visit His application for pension was rejected for want of this record evidence of paracentesis was practiced· a. gallon of water drawn; abdomen, however, soon disability, which it seems was no fault of claimant that it was not preserved. refilled. A physicnl explo;ation under the extreme distension of abdomen ex­ -Your committee believe the case a meritorious one, and therefore recommend hibited so far as I was able to determine, no increase in size of liver. Spleen I the passage of the bill. expec~d to find enlarged; it was not. Said ~e ~ever hac;! any malarial difficuJtr. The bill was laid aside to be reported to the House with the recom­ Most that I learned from kidneys was subjective. Urme had been no!mal1n quantity and color p.ntil abdomen began to fill; was n?w ~nty and high~l­ mendation that it do pass. ored. Tested, it contained albumen and ura.tes and slight mcrease of specific FRANKLIN SWEET. gravity. I regarded the case as one of fibroid liver and kidney, and if it was sequence of disease incurred in the Army and in line of duty, which I believed The next business on the Private Calendar, called up by Mr. DoR­ it was, he was entitled to an additional rating, • second grade.' SEY,- was the bill (H. R. 7540) to increase the pension of Franklin · ".Although I had seen the decedent a number of times, I nev~r p~escribed for nor conversed with him except on the two occasiOns of exammatton. Those Sweet. who were best acquainted with him said he was strictly temperate in his habits, The bill was read, as follows: did not use alcohol in any form; the most frequent cause of such scleroses." · Be it enacted cfcc., That the Secretary of the Interior be, and he is hereby, au­ Dr. E. N. Weems, of Marion, Kans., testifies: · · thorized and directed to increase the pension of Franklin Sweet, late captain of "At different times I was called to visit and prescribe for Samuel Gunsales from Company E, Sixty-second Regiment of Pennsylvania Volunteers, to the rate to September 4 1881 to January 21, 1885. During his last sickness I was called to which he would have been entitled had his muster as a captain been made prior see him November 25, 1883. His condition at that time was one of general t-o the date of the incurring of the disability for which he was pensioned. dropsy. On the last above-mentioned date I performed t:J;le operation of para· centesis and visited him almost every day thereafter unttl January 17,1884. I The report (by Mr. MORRILL) is as follows: was not permitted to visit him again. I can not state positively,in the absence This bill asks that the pension now granted to claimant for wounds received of proper data, as to the cause of his trouble. H~ trouble was not acu~, ~ut in battle at Gettysburg be increased to the rate to which he would be entitled chronic. There wa-s ageneralanasarca of all the tJBSues of the body, ~egmnmg bad he been at the time mustered as captain. with the lower extremities. I was not in immediate attendance on him at the The facts in this case as shown by the papers submitted to your committee time of his death· hence can not give the immediate cause of death. His gen­ seem to be that claimant was orderly sergeant of Company E, Sixty-second eral health from the time I first met him, in September, 1881, was poor; there Regiment Pennsylvania Volunteers. That on the 25th of March,1863,he was seemed to be a failing of all his vital organs." commissioned captain of that company, to. fill vacancy caused by the dismissal Three neighbors testify to !tis death from dropsy. The battle of Gettysburg. He was sent to the hospital, and upon his discharge therefrom. therefrom was mustered as captain of his company. Section 4696 provides that- Your committee therefore recommend the passage of the bill. ,, Every commissioned officer of the Army, Navy, or Marine Corps shall re­ The bill was laid aside to be reported to the House with the recom­ ceive such, and only such, pension as is provided in the preceding section for the rank he held at the time he received the injury or contra

/ "The doctor testifies that there was only onesuchcase. Several commdes tes­ seriously wounded he returned to his regiment and remained with it, partici­ tify to service with him in the field at this batt.le; to seeing him fall ofsunstroke; pating in every battle until mustered out; that for gallantry in action he was to seeing him carried to the rear on a stretcher; to Surgeon Baker's attendance promoted to first lieutenant which rank he held when mu tered out. on him ; to their having been his neighbors and friends all their lives; to his From the time of the injury until now claimant's healLh has sten.clily grown prior soundness; to his subsequent and present broken-down condition; and poorer, as is shown by the testimony on file. one of them swears to the rupture while on the Red River march. Dr. Baker's The examining surgeon's certificate, dated Sept-ember 24, 18S4, sayR that in reputation is admitted to be good, and, with one exception, all the witnesses addition to the wound for which claimant was originally pensioned, "His joints are rated reputable. The soldier is sick; has been unable to work since his all present a puffy appearance. The joints of the fingers of left. hand are twice discharge; is advanced in years; and worthy." ns large aa normal. His circulation is very poor, pulse weak and irregular. While it is not clearly proven that the claimant received a sunstroke at Yel­ His stomach large (bloat-ed) and very sensitive to the touch. Liver is large and low Bayou, the presumption is very strong that he was the soldier treated at very tender;" and they rate his disability total. . that place by Dr. Baker. Your committee recommend the passage of the bill. Taking into consideration all the evidence on file in this ca.se, the committee believe it to be their duty to report in favor of the bill, and recommend its pas­ The bill was laid aside to be reported to the House with the recom­ sage. Had claimant been pensioned as of the rank to which he was promoted mendation that it do pass. for gallantry it would have been for a larger sum.. .ANDREW J. BURRELL. The bill was laid aside to be reported to the Honse with the recom­ mendation that it do pass. The next business on the Private Calendar (called up by Mr. PER­ KINS) was the bill (S. 1826) granting a pension to Andrew J. Burrell. ORDER OF BUSINESS. The bill is as follows: :M:r. MATSON. I move that the <'.Ommittee now rise and reporb to Be it enacted, &e., That the Secretary of the Int-erior be, and he is hereby, author­ the House the bills whlch have been acted upon. ized and directed to place on the pension-roll, subject to the provision~ and Um­ itatioM of the pension laws, the name of Andrew J. Burrell, late captain of Com­ Mr. OUTHWAITE. I hope the gentleman from Indiana will yield pany A, Firueth Regiment Indiana Volunteer Infantry. for a moment, till I ask unanimous consent to consider the bill (H. The reporb (by Mr. MORRILL) is as follows: R. 8227). Mr. ·PERKINS. There are three or four other gentlemen who The claimant in this cas-e was captain of Company A, Fi.flieth Indiana Volun­ teers, enlisting September 12,1861, and receiving his discharge April3, 1863. In wonld like to be recognized, to call up bills. 187lhe applied for a pension, alleging that he contracted hemorrhoids in the serv­ The CHAIRMAN. Is there o~jection to the request of the gentle­ ice. His claim was rejected on the ground that he suffered from the same disease man from Ohio [Mr. OUTHWAITE]? prior to enliHtment. The certificate of disability upon which his resignation was accepted stat-es that the disability existed prior to enlistment, but was greatly There was no objection. aggravated by his military service. The hospit-al records show that he had camp SETli WELDY. dysentery while in the service, and suffered terribly from the disease for which he claims pension. The fact that the disease existed prior to enlistment has de­ The bill (H. R. 8227) granting a. pension to Seth Weldy was read, prived this soldier of a pension for twenty-three years. That the disease was greatly aggravated and rendered incurable by his Army service seems to be as follows: clearly shown. It would seem but simple justice to now place him upon the Be it enacted, &o., That the Secretary of the Interior be, and he is hereby, au­ pension-rolL Your committ-ee, after a careful examination of the papers, recom­ thorized and directed to place on the pension-roll the na~o of Seth Weldy, late mend ~he passage of the bilL a captain in the Twenty-third Regiment of Infantry, Umted States Army, sub- The report of the Senate Committee on Pensions is hereto attached and made ject to the provisions and limitations of the pension laws. . a part of this report : .. The petitioner is Andrew J. Burrill, late captain of Company A, Fiftieth The report (by Mr. ELLSBERRY) was read, as follows: Regiment Indiana Volunteers. He applied for a pension in February,l8711 al­ In the matter of pension claim of Seth Weldy, late Capta"in of Company I, leging disability from chronic diarrhea. resulting in piles. He was rejectea by Twenty-third Regiment United States Infantry, the report of the Assistant Ad­ the Pension Office on the ground that the disabilities existed prior to enlistment. jutant-General shows that the claimant enlisted on the 7th day of August, 1861, In reference to the officer's history, the Adjutant-Generalfurnishes information and was assigned to Company C, second battalion Eighteenth United States In­ from the records, for the use of the Commissioner of Pensions. in which is in­ fantry· that he joined his company from the depot August 30, 1861, and was on cluded the certificate of the surgeon of the I'egiment, who certifies that Captain the san'.te day appointed first sergeant, and was reported discharged, to take effect Burrill has 'camp dysentery.' He has for months b-een suffering with piles, June 26, 1862. On Jnly ll, 1862, he aceepted o. commission n.!l second lieutenant, and from his present condition the surgeon says 'he can never recover in this First Infantry; was promoted first lieutenant May 28, 186:1, and apP?inted cap­ camp; • 'that in consequence thereof he is unfit for duty;' and upon this cer- tain of the Twenty-third Infantry on July 28,1866. From the teslunony snb­ tificate the officer is granted a leave of thirty days. · mitted by claimant, his appoit;1tment to the Twenty-third Infantry was as e&:p­ "The history, as further supplied by the Adjutant-General, shows by continu­ tain of Company I, Twenty-thll'd Infantry. The papeTs on file show that while ous da.tes intervals of sickness at home and in quarters, aud finally it comes to in command of said company by order of General Halleck, who was then in his resignation, and gives o. copy of his letter, in which he says he resigns his command of the military division1 of the Pacific, he was commanded to build a commission on account of ill-health; that he has been a1Hicted with hemorrhoids militAry road of 250 miles from Willow Creek, Oregon, across the foot-hills of for some months, and for the last month or two has been unable to perform his the Blue 1\Ionntains, and established the post or camp now known as Camp duties· that he is now in hospital. Then follows a ce1-tificate from the medical Harney; that while engaged in said work he claimed he incurred hernia or deparkuentofhis regiment, which states that on examination the officer is found rupture. Claimant thereafter made application for original invalid pension on unable to perform his duties in consequence of frequent, profuse hemorrhoids the ground that while in the line of his duty as captain aforesaid he became dis­ of the bowels· that the disease existed prior to entering the service, but has been abled by incurring a hernia or rupture. greatly aggra~ated by camp life. The examining surgeons certify to the severity The Commissioner of Pensions rejected said claim, for the reason tho.t claim­ ofthe disabilities. · ant was unable to produce satisfactory evidence showing that said claim of dis· "Notwithstanding the evidence of prior disability furnished by the War De­ ability was incurred in the line of duty. partment, and the declaration ofthe Pensio.n Offi!le that any additional testimO?Y From the t.estimony.produced by the claim?-ntt he adln!ts hisiW?-b~.Htyto sta~ the claimant may file would not benefit hlll cla.un, there ha\·e been ten speCial exact time, place, or Circrunstance under which ne sustamed the lDJW'Y; but 1n examinations, resulting in an accumulation of confusing and contradictory tes­ his affidavit, filed in the case, claims that said injury was incurred during his timony, some of it coming fri>m reputable witnesses, vindicating the officer's service as captain of Company I, Twenty-third Regiment, United States Infan­ claim with a proportion of adverse statements from witnesses, some of whom try. The report of the assistant adjutant-general, before referred to, further are apparently candid, while o~hers are stron.gly biased. . . shows that on December17, 1866, claimant was examined for his commission as "It is difficult for the commtttee to determme from such a mass of conllictmg captain Twen ty·third Infantry by a board of officers at Louisville, Ky., and h~s proof whether or not the officer was sound when he entered the service. Some examination mentally and physically was satisfactorv; on leave and on detail affirm of their personal know ledge, that he was well, while others assnme ex­ to March, 1867; with company at Fort Vancouver, Washington Territoryii to actly the reverse. The certificate of the regimen tal surgeon is the most damag­ April, 1867; Fort Dalles, Oregon, to July 15,1867; en 'TOute to camp on Wi ow ing but he gives no reason in support of his bare statement. The officer en­ Creek, Oregon, to September 23,1867: and Camp Harney, Oregon, to October 26, ter~d the ervice ns o. lieutenant and was promoted to captain. He was then 1867; and on leaYe of absenoo, not sick leave, to date of resignation. He ten. comparatively and apparentl-y: a well ma~. All the testim<;my is po~i~ive as to dered his resignation October 27, 1867 (no reason given), from Camp Harney, his good character and as to his present disabled and snffermg conditiOn. Oregon, and it was accepted. to take effect December 16, 1867. "The committee are of the opinion that he is entitled to some relief, and re­ The claimant filed his affidavit stating therein his inability to give required port the bill favorably, and recommend that it do pass." testimony, for the reason that there was only one commissioned offi.cer m his company other than himself, and at the time claimant disco':ered his injury the The bill was laid aside to be reporte<}. to the House with the recom­ said commissioned officer was under arrest, by virtue of cla1mant's order, for mendation that it do pass. disobedience, and therefore claimant did not impart the information to him, and he further says that from that time he only had official communications ADDISON A. JACKSON. with him. As to the second requisite ofproof, claimant filed hisaffidavitstating The next business on the Private Calendar (called up by Mr. PETERS) that the person assigned as surgeon to his company was a discharged h?spital steward in whom claimant had no oonfi.dence,and did not consult nor mform was the bill (S. 1958) granting an increase of pension to Addison~· said so-Called surgeon of his injury. .As to th~ third requisite, the papem sh?W Jackson. · that claimant was an officer of tha company-Its commander-and did not tn­ The bill is as follows: form the privates of his injury, nor is it reasonable to suppose that the com­ mander of a company should ~part information co!lcer:ning J?s inj~I'f to the Be it enacted, &o., That the Secretary of the Interior be, and he is hereby, au­ privates of his company. Claim::mt also filed the affidavit ofh1s physician Ill! to thorized and directed to place on the pension-roll, subject to the provisions and his soundness before enlistment; the affidavit of a surgeon of the United States limitations of the pension laws, the name of Addison A. Jackson, late of Com­ Army, that at the time he sa~ claimant (which was. imm~dia.telY: after his resig· pany I, Twelfth Regiment of lll~ois. Infantry Vol~teers •. and pay~ a pen­ nation was accepted), and claunn.nlnyas then snff~rmg with the ~Jury alleged. sion at the rate of 12 per month, m heu of the pens1on he IS now rece1vmg. But this testimony did not meet w1th the techrucal proof requrred by the De­ partment, which was to show that he !ncurred the injw·y ~t ~he time alleged, The report (by Mr. MORRILL) is as fol1ows: a.nd requiring proof of time, place, and cucumstance of such lDJury. . The report of the Senate committee, hereto attached, contains a full statement But from the direct testimony offered by claimant and from the deductiOns to of the case, except that it was rejected on the ground that it was not clearly be fairly drawn from the examinations made by the board of examiners imme­ shown that the rheumatism was the result of the service, but it is proven that diately previous t-o his commi;osion as captain, and from the testimony of Sm·­ the present condition of the claimant is the result of a continuous decline since geon Wagner, made immediately after his discharge, the committee recommend his discharge, and the conclusion is irresistible that his present condition is the that House bill ff127 do pass. result of his Army service. Your committee recommend the passage of the bill. The bill was laid aside t.o be reported to the House with the recom­ That the records in this case show that claimant, who was a sergeant in mendation that it do pass. Company I, Twelfth Regiment Dlinois Volnnt.eers, enlisted July 24, 1861, and was discharged October 24, 1864. Declaration for pension filed March 24, 1880, HENRY MERICLE. alleging gunshot wound left, knee and thigh, for which claimant was pensioned at the rate of $2 per month. Mr. MILLARD. I ask unanimous consent to bke up the bill (II. It appears from the records that this soldier was a lSra1e man, and although R. 2998) granting a pension to Henry Mericle. 1886. CONGRESSIONAL R~OORD-HOUSE. 263

The bill was read, as follows: The. SPEAKER pro tempo1·e. The gentleman from Lo11isiana asks Be it enacted, 4cc., That the Secretary of the Interior be, and be is hereby, au­ unanimous consent that this bill be passed over informally without thorized and directed to place on the pension-roll, subject to the provisions and losing its present status. · limitations of the pension laws, the name of Henry Mericle, late a private in Company D, Sixth Regiment New York Heavy Artillery. Mr. WALLACE. I did not put it in that way. I do not think the bill has any merit, and do not think it should retain its place on the The bill was laid aside to be reported to the House with the recom­ Calendar night after night. mendation that it do pass. The SPEAKER pro tempo1·e. Unless the motion is put in the form JAMES H. KING. in which the Chair has suggested there is no other alternative than to :Mr. BYNUM. I ask unanimous consent to call up the bill (S. 362) vote on the question. If the gentleman from Louisiana is not making granting a pension to James H. King. the request for unanimous consent, as the Chair has stated it, the Chair The bill was read, as follows: will proceed to put the question on he bill to a vote. Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ Mr. WALLACE. I do not care to submit it to an issue of that thorized and directed to place on the pension-roll, subject to the provisions and sort. limitations of the pension laws, the name of .James H. King, late a private in The SPEAKER p1·o tempore. The other mode presents the only way Company D, Ninth Indiana. Legion. in which the bill can be passed over so as ·to allow the other bills. to be The bill was laid aside to be reported to the House with the recom­ reached. mendation that it do pass. • Mr. WALLACE. Then I ask that it be passed over in that way. 1\IRS. SARAH RANDLES. The SPEAKER pro tempore. The gentleman from Louisiana asks unanimous consent that the bill be passed over informally. Is there Mr. BURLEIGH. I ask unanimous consent to call up the bill (H. objection? R. 7352) granting a pension to Mrs. Sarah Randles. Mr. ANDERSON, of Kansas. If that is agreed to I presume the The bill was read, as follows: bill does not lose its place. Be U enacted, de., That the Secretary of the Interior be, and he is hereby, au­ Mr. BUCHANAN. I should like to understand what would be the thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Sarah Randles, widow of William effect of passing over the bill informally. Randles, late captain of Company I, Ninety-third Regiment of New York Vol­ The SPEAKER pro tempore. In answer to the gentleman from unteers. New Jersey the Chair will state that in that case the bill will neces­ The bill was laid aside to be reported to the House with the recom­ sarily retain its present status and come up as unfinished business at mendation that it do pass. ·the next meeting for the consideration of this class of business. b1r. BUCHANAN. I suggest that the bill be passed over until bills ORDER OF BUSINESS. that are not objected to be disposed of. I do not see why this bill can Mr. LOUTTIT. I ask unanimous . consent to call up the bill (S. not be disposed of to-night. 1481) ~nting an increase of pension to Col. Charles E. Capehart. The SPEAKER pro tempore. Is there objection to the request of the The bill was read, as follows: gentleman from Louisiana [Mr. 'VALLACE]? The Chair hears none, Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ and it is so ordered. thorized and directed to place on the pension-roll, subject to the provisions and Mr. BUCHANAN. Did I understand the Chair to say that there limitations of the pension laws, the name of Charles E. Capehart, late lieuten­ ant-colonel of the First Regiment of Virginia Cavalry, at the rate of$){) per was no objection to the request of the gentleman from Louisiana? · month, in lieu of the pension he now receives. The SPEAKER pro tempo1·e. The Chair heard none. Mr. McMILLIN: Let the report be read. Mr. BUCHANAN. I thought that my suggestion was in the nature The CHAIRMAN. The Chair will state that the I'eport is very of an objection. lengthy. The SPEAKER pro temp01·e. The Chair uu erstood the gentleman's Mr. MATSON. I move that the committee now rise. suggestion to be directed to the gentleman from Louisiana [Mr. W AL­ :Mr. LOUTTIT. There is an amendment to the bill. I can state LACE]. The gentleman from Louisiac.a. made no response, and the the substance of the report very briefly to save the reading of it. Chair beard no objection to his request. But, not being disposed to There is an amendment to cut down the amount to $45. take advantage of any gentleman, the Chair will put the question again. Mr. McMILLIN. I suggest to the gentleman from California to let Mr. BUCHANAN. Icertaiulywasuuder amisapprehension. I did this go over so that the case may be investigated before the next meet­ not mean that that request should go withont objection. ing. There seems to be some doubt about it. The SPEAKER pro tempore. The Chair will put the question again. Mr. LOUTTIT. There is an amendment recommended in the report Mr. ANDER~ON, of Kansas. If the gentleman from New J eTSey to strike out $50 and insert $45. [Mr. BucHANAN] will observe the fact that this bill will eome up at The CHAIRMAN. The Clerk will read the paragraph making that the next ev~ning session, I think .he will not insist upon his objection. recommendation. Mr. BUCHANAN. Oh, tbesamethingwouldhaveto begonethrough The Clerk read as follows: then; the bill would be at the head of the Calendar. The SPEAKER pro tempore. Is there objection to the request of the We are of the opinion that an increase should be granted, and recommend that the Senate bill be amended by striking out the word "fifty" and inserting in gentleman from Louisiana [Mr. WALLACE]? lieu thereof" forty-five," and that so amended the bill do pass. Mr. BUCHANAN. There is. The CHAIRMAN. Does the gentleman from Indiana insist upon The SPEAKER pro tempm·e. The gentleman from New Jersey ob­ jects. The question, then, is on the engrossment and third reading of his motion? , the bill. · Mr. MATSON. I do. The motion was agreed to. Mr. PERKINS. I ask unanimous consent that this bill be laid aside The committee accordingly rose; and Mr. McMILLIN having taken until action has been had upon the bills to which there is no objection. the chair as Speaker pro tempore, Mr. HATCH reported that the Com­ Mr. WALLACE. I donotseetheo~iectofthat, Mr. Chairman. I do mittee of the Whole House, having had under consideration pension bills not see why the bill should not be acted upon now as well as later in the on the Private Calendar, had directed him to report sundry bills with evening. Let the gentleman state the object or purpose he has in view. various recommendations. I object to this bill on the score of its merits. And I object to it as The SPEAKER pro tempore. The Clerk will :first report the titles of much at 11 o'clock as I do now. ~ object to it because I do not think the bills reported by the Committee of the Whole House to which no it has any merits. . amendments are recommended. The SPEAKER p1'o tempore. The gentleman from Louisiana [M:r. WALLACE] objects. The question is on the engrossment and third DANIEL SCHULTHEIS. reading of the bill. The Clerk read the title of the :first bill, as follows: The question was taken; and there were-ayes 30, noes 1. Mr. WALL ACE. No quorum. A bill '(II. R. 7911) granting a pension to Daniel Schultheis. The SPEAKER ]J1'0 tempore. The point being made that no quorum :Mr. WALLACE. Mr. Speaker, I did not arrive in time to be pres­ has voted, the Chair will appoint the gentleman from Louisiana, Mr. ent when that bill was called up in Committee of the Whole. I do WALLACE, and the gentleman from New Jersey, Mr. BucHANAn, to not think it ought to pass. It struck me in reading the report as a act as tellers. · very weak case, and one that ought not to receive the approval of this JI.Ir. ANDERSON, of Kansas (before the count was completed). Mr. House. It is a case where a man lost certain powers of locomotion, Speaker, I renew the request of the gentleman from Louisiana, and ask and now claims that that was owing to the spraining of muscles by unanimous consent that this bill be laid aside, so that bills to which marching. The claim strnck 'me as being exceedingly weak. I had no objection is made be taken up. intended to enter an objection when the bill sbonld be reached in Com­ The SPEAKER pro tempore. _ Objection has been made to that, and mittee of the Whole, but as the hour of meeting was changed I did not the House is dividing and nothing is in order until the tellers make arrive until after the bill had been laid aside to be reporte

T AGLBEE] demanded the regular order after the request of the gentle­ Mr. DORSEY. 1\Iy friend from Mississippi [Mr. ALLEN] certainly man from K~nsas [Mr. ANDERSO:N] was made. misunderstands this case, or he would not raise this objection. Ur. BUCHANAN. Mr. Speaker, I made objection to the suggestion Mr. MORRILL. Certainly he does. · of the gentleman from Louisiana [Mr. W ALLA.CE], for the reason that The SPEAKER pro tempore. What is the request of the gentleman if it prevailed this bill would be left at the head of the Calendar at the from Mississippi? next evening session, and I thought the matter might as well be dis­ Mr. ALLEN, of Mississippi. That the bill be laid aside, to be con­ posed of to-night; but I see that it is stopping all pension legislation, sidered in a full House. and I am willing to-no, I will-withdraw my objection. [Laughter.] Mr. DORSEY. My friend from Mississippi fails to understand this Mr. MATSON. Mr. Chairman, has the previous question been case. Captain Sweet was a sergeant in Co~pany E, Sixty-second Reg­ called on this bill? iment Pennsylvania Infantry. In March, 1863, the captain of his com­ The SPEAKER pro tempore. It has not. pany was.dismissed the service, leaving the first lieutenant and the sec­ Mr. MATSON. I ask that it be ordered. ond lieutenant with the company, Mr. Sweet being at that time the The SPEAKER pro tempm·e. That can not be done pending the ob­ first sergeant. In April, 1863, the first lieutenant resigned, and in jection of the gentleman from Louisiana [Mr. WALLACE], who has June of the same year the second lieutenant was placed under arrest, asked that the bill be passed over, t·etaining its present status. In the and subsequently was dismissed. Captain Sweet was put in command absence of objection that order will be made. of the company. On the 2d of July, at Gettysburg, he commanded his company by order of his colonel, as is shown by the evidence be­ BILLS PASSED. fore the committee, and was severely wounded, inconsequence of which House bills of the following titles, reported from the Committee of he was taken to the hospital, where he lay until the following De­ the Whole House without amendment, were severally ordered to be cember. While in the hospital he received a commission from Gov­ engrossed and read a third time; and being engr9ssed, they were ac­ ernor Curtin, of Pennsylvania, as captain of the company, to date cordingly read the third time, and passed: from March 24, 1883. A bill (H. R. 9167) granting a pension to Joseph F. Kirkhart; But he was unable to be mustered. The War Department dates his A bill (H. R. 8949) granting a pension to Luke Horobin; muster in August, at the time when the second lieutenant was ·dis­ A bill (H. R. 9169) to place on the pension-roll the name o£..Charles missed, claiming, erroneously, that he could not have been mustered T. Wornom; into the office of captain so long as there was a commissioned officer A bill (H. R. 3931) to grant a pension to Nancy Gunsa.les; with the company. Now the fact is, Mr. Speaker, that he was com­ A bill (H. R. 8227) granting a pension to Seth Weldy; missioned in March, but was not mustered until the following Decem­ A bill (H. R. 2998) granting a pension to Henry Mericle; and ber. He drew the pay of captain and held the rank of captain from A bill (H. R. 7352) granting a pension to Mrs. Sarah Randles. March, but not being mustered, according to the ruling of the Pension House bills of the following titles, reported from the Committee of Office, he is held not to be entitled to draw a pension as captain. He the Whole Honse with amendments, were severally taken up, the amend­ is therefore now drawing pension only as a sergeant, although he was a ments agreed to, and the bills as amended ordered t<1 be engrossed and captain in the Army, as I have stated, from the preceding March. read a third time; and being engrossed, ~bey were accordingly read I can see no good reason why this man should not be placed on the the third time, and passed: · pension-roll as a captain, as he was so commjssioned prior to the date A bill (H. R. 8258l granting a pension to Waitie F. Harris; when he received his injury. He commanded his company on the day A bill (H. . R. 7699 granting a pension to E. A. McFadden; and when he was wounded, and commanded it until the close of the war. A bill (H. R. 7689 granting a pension to Caroline C. McNair. It is no innovation we are mak-ing, but we propose simply to do an • FRANKLIN SWEET. act of justice to this man by correcting an erroneous decision of the War Department. If the Secretary of War could have dated his mus­ The next bill reported from the Committee of the Whole House with ter back to March, he would then have done f'nll justice. The section an amendment was the bill (H. R. 7540) to increase the pension of of the statute redted in the report of the committee fully covers the Franklin Sweet. case. · The SPEAKER p1·o tempore. If there be no objection, the amend­ Mr. WALLACE. Will the gentleman be good enough to tell the ment to this bill as reported from the Committee of the Whole House Hoose why this whole question has been delayed until this late day? will be agreed to, and the question will be on ordering the bill as Ur. BOUTELLE. For the same reason which a.pplies in other cases. amended to be engrossed and read a third time. Mr. DORSEY. He did not apply for it. Mr. ALLEN, of Mississippi. :Mr. Speaker, I rise to oppose the pas­ M:r . .WALLACE. He could have applied in 1865 as well as to-day. sage of this bill. I have no factious objection to make to it. I sim­ M:r. DORSEY. But his failure to do that should not work him .in- ply wish to announce to the gentleman who has it in cha~e that I am justice. opposed to the measure on principle, and that a quorum will be re­ Mr. MATSON. It was because probably there was no act under quired to pass it. which this man's failure to be mustered could have been corrected, I listened to the rea-ding of the bill and the report. The proposi­ until recently. tion, as I understand it, is to give the pension of a_ captain to a man Mr. BRADY. I understand this man did duty as captain of his who is now under the law receiving pension as a private or a non­ company, and received the wound for which he is to be pensioned <'.Ommissioned officer. Now, as I understand, the purpose of our pen­ while he was in command of his company acting as captain. sion system in cases of this kind is to make good to the soldier, so Mr. ALLEN, of Mississippi. Mr. Speaker, I did not misapprehend far as the Government can do so, the _disability that he bas incurred the case at all when I made objection to it. I understood the report while serving his country. According to my understanding, the law just as the gentleman now states it. As I understand the theory and now giving to this soldiex a pension as a private contemplates making principle of this pension business, it is not to give a man a pension as a ·good to him by such pension his disability, so far as obtaining a live­ captain. The Government is not going to qualify him to earn a living lihood is concerned. as captain by the pension given him. The principle ought to be to give I am unable to appreciate the justice of saying that because this him what will make him a full man, as if he had not received these man, on the particular occasion when he incurred this disability, hap­ wounds. pened to have stripes on his collar or a sword in his hand instead of a I do not expect to be able here to reverse the general laws of this musket we should adopt some special legislation to place him upon a land which give to officers better pay than privates. higher plane than those men who carried muskets on that day and Mr. MATSON. Pensions. who incurred similar disability. Mr. ALLEN. Yes; larger pensions than it gives to privates. Bot I understand from the chairman of the Committee on Invalid Pen­ I am not going to consent for one to enter into special legislation and sions that the view I now state is no new idea of mine, but that this to pass special bills to relieve individuals who do not technically come report, according to his understanding, is an innovation upon the pre­ within the law as it is now upon the statute-book. cedents of that committee. I believe this bill should not pass. If the Ur. Speaker, I have had some little experience in war; I have had Government is not now compensating sufficiently this soldier and others the fortune, or the misfortun~, to be a private myself, and have stood who incurred similar disabilities under like circumstances, let the pen­ guard many a night, in snow and rain, with a musket in my hands, sions of all of them be increased. But I do not believe it right ro say while my lieutenants, and captains, and colonels, and generals, were that because on that day this man carried a sword instead of a musket enjoying a good night's sleep. [Laughter.] I have been greatly im­ he should receive more pension than those who did carry muskets. pressed ever since that time with the fact that privates who carry their I oppose this bill on principle. I do not wish to throw any obstruc­ muskets and do their duty as soldiers, are entitled to as much from tion in the way of going on with other business here to-night. It this country in the way of pensions after the war is over as any man seems to me unnecessary that we should go through the formality of who served his country as an officer. The private's life is as hard as calling for a quorum. I simply state to the gentleman who has this any other, and-he deserves as much of his conn try, and I say I am not bill in charge that I oppose it, and that a quorum will be required to going for one to consent to any special legislation, where I can prevent pass it. With this statement, I ask that the bill be laid aside. it, that would place the man who carried a sword and received wounds The SPEAKER pro tempore. The gentleman from Mississippi asks at Gettysburg upon a higher plane than the man who received wounds unanimous consent, as the Chair understands, that this bill be passed there in the discharge of his duty as a private carrying a musket. over informally, not to interfere with other business. That is the grottnd upon which I oppose tho bill. The officers were 1886. CONGRESSIONAL RECORD-HOUSE. 265

'!>etter paid, better fed, and had better clothes, and a better time dur­ A b!TI (S. 2372) for th_e relief. of Mary McMahon; ~ng the war, and tha~ may have been all right, but now that the war A bill (S. 2149) grantmg an mcrease of pension to Herman Baum- l8 ?Ver and we are trying to make good the.ir loss in pensions, give the hager; pnvates an equal show. A bill (S. 1897) granting a pension to Alexander Trimble; ~ Mr. PERKINS.. I suggest, as a ~mpromise, the previous question A bill (S. 2269) granting a pension to William Dickens; be ordered and thiS case go over until we can have a vote on it in a A bill (S: 1826) granting a pension to Andrew J. Burrell· full House. A bill (S. 1958) granting an increase of pension to Addison A. There was no objection, and it was ordered accordingly. Jackson; and FRIDOJ... INE GLASTETTER. A bill (S. 362) granting a pension to James H. King. The bill (S. 2132) ~nting a pension to Fridoline Glastetter, re­ ADVERSE REPORTS. ported from the Comrmttee of the Whole favorably was considered Bills of the following titles were laid on the table in accordance the question being upon its third reading. ' ' with the recommendations by the Committee of the Whole: Mr. WALLACE. Mr. Speaker, this is another bill that has been be­ A bill (H. R. 6241) gn;tnting a pension to Thomas M. Tatem; and­ fore the House five or six times, and each time it has been laid over A bill (S. 1191) granting a pension to Theresa Schleyer. _ and allowed t? hold its place o~ the