' .
34 CONGRESSIONAL RECORD-SENATE. DEOEMBER 6,
PETITIO:XS. ~Ir. D.AWES. Perhaps the Committee on Printing could order that The following petitions were ·laid on the Clerk's desk, under t.he rule, without any Yote of the Senate. . and referred as follows: 1\fr. MORRILL. I think it can be accomplished. By .Mr. BELMONT: The petition of Fordyce Barker, Dan~ ~ebster, The PRESIDENT pro tempore. The Committee on Printing have Austin Flint, C. R. .Agnew, W. M. Polk and others, physicians and not yet reported back the resolution referred to them. The question urgeons of New York, for the erection in the city of Washington of a is on adopting the order submitted by the Senator from Vermont. commodious fire-proof building for the .Army :Medical Museum and Mr. HARRIS. It seems to me thatundertherulethe order is bound Library, and for the completion of the Index Catalogue-to the Com to go to the Committee on Printing. I thiri.k the order ought to be mittee on Public Buildings and Grounds. made. By Mr. D. C. SMITH: The petition of Henry Feltman and others, Mr.· MORRILL. This order is only for fifty copies for the use of the citizens of Pekin, Illinois, for such revision of the tariff as shall. place Committee on Finance. That is all I ask. lumber and other products of the forest on the free list-to the Com Mr. HARRIS. I supposed it amounted really in effect to printing mittee on Ways and Means. extra copies of the report, and in that event it would have to go to the committee. I think the order ought to be made. Mr. SHERJ\!AN. It will come within the rule for the Senate to make the order now. The PRESIDENT pro tempore. The question i on agreeing to the SENATE. order. WEDNESDAY, December 6, 1882. The order was ag1·eed to. INTERNAL-REVENUE .A.YD TARIFF DUTIES. Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. The Journal of yesterday's proceedings was read and approved. 1\lr. MORRILL. I now submit the following order: Ordered, That the bill (H. R. 5538} to reduce internal-revenue taxation be COM11IITTEE SERVICE. printed as it now stands amended by the Senate. The PRESIDENT pro tempore~ The Chair announces the following I desire to say that the copies of the original bill are exhausted, and appointments to fill vacancies in the committees of which the late Sena I take it it will be the pleasure of the Senate to have it repTinted as it ror from Georgia, :Mr. Hill, was a member: now stands before the Senate. 1\Ir. CALL upon the Committee on Foreign Relations. The PRESIDENT pro tempo1·e. The question is on the adoption of' Mr. BARROW upon the Committee on Privileges and Elections and the order. the Committee on Revolutionary Claims. . The order was agreed to. Mr. CALL was, on his own motion, excused from further service upon 1\IESSAGE FRO:ll THE HOUSE. the Committee on Rules. ..A. message from the House of Representatives, by Mr. McPHERSON, Mr. GR00:1rE was, on his own motion, excused from further service its Clerk, announced that the House had passed a bill (H. R. 712) to upon the Committee on Pensions, and the Pr~ident pro tempore ap repeal and amend certain acts pertaining to the shipment and discharge pointed 1\fr. BARROW to fill the vacancy. of seamen; in which it requested the concurrence of the Senate. -ATIOYAL BOARD OF HEALTH REPORT. PETITIONS AND MEMORIALS. The PRESIDENT pro tempore laid before the ~e~te .a commU?ica Mr. SHERMAN. I present twelve petitions of citizens of Ohio, re tion from the Secretary of the Treasury, transnntting, m compliance siding in different parts of the State, praying for the passage of the bill with the requirements of the act of July 2, 1879, the annual report of (H. R. 1410) to. amend the pension laws by increas~g the pe~ons of the National BoardofHealth for the year ended June 30, 1882; which soldiers and sailors who have lost an arm or a le:; m the semce. I was referred to the elect Committee to Investigate and Report the move their reference to the Committee on Pensions. Best Means of PI·eventing the Introduction and Spread of Epidemic The motion was agreed to. · Diseases, and ordered to be printed. 1\fr. BROWN. I present the petition of 1\Iessrs. Bendheim Brothers TREASURY ACCOUNTS. & Co., Savannah, Georgia, thesubstanceofwhichis contained in the fol The PRESIDENT pro tempore. The Chair lays before the Senate a lowing sentence: communication from the Treasurer of the United States, transmitting, The undersigned, manufacturers and dealers in tobacco, cigars, and cigarettes, respectfully petit~on your hon'?rable ~es that you allow a. rebate equal!-<> the in compliance with section 311 of the Revised Statutes o[ the Uni:OOd amount of reduction you may,InyourWisdom,sec fit to make on tobacco, mgars, States copies of the accounts rendered to and settled With the First and cigarettes at this session of Congress. Comptroller for the :fiscal year ending June 30, 1882; which will be re They also ask for prompt action, as the agitation of the questi?~ is ferred to the Committee on Printing, the Chair supposes. · These ac seriously injuring their business. I move the reference of the petition counts are never printed, but the Chair supposes the paper ought to go to the Committee on Finance. to the Committee on Printing. The motion was agreed to. Mr. EDl\IUNDS. I believe the law requires that they shall be printed. 1\fr. JOHNSTON. I present the petition of J. W. & C. G. Holland It is rather costly, .but valuable. Similar papers have heretofore gone and others, who are manufacturers of tobacco at Danville, V~a, pray to the Committee on Printing. ing for the allowance of a rebate equal to the amount of reduction that The PRESIDENT pro tempore. The Chair understands that a few may be made on tob~, cigars, and cigarettes. They ~lso ~~y for copies have been heretofore printed. The paper will be referred to the ·prompt action on the subJect. I move tl1e reference ~f this petition to Committee on Printing, so that they may decide upon the printing. the Committee on Finance. 'rARIFF-COIDIISSIOY REPORT. The motion was agreed to. 1\fr. JOHNSTON. I also present resolutions adopted by the Lynch :Ur. MORRILL. I submit the following order: bmgh Tobacco .Association. They are four or five in number, and the Ordered That 50 additional copies of the report of the Tariff Commission and tax accompa~ying papers be printed for the use of the Finance Committee of the petitioners ask for early action on the subject of the on tobacco, Senate. and that such aetion be taken as will restore confidence to the trade. 1\Ir. COCKRELL. Would it not be well to have that matter referred They represent that the trade is in a stagnant condition, and that early to the Committee on Printing? The order prondes for the printing of action by Congress is nec~ry to r~re it. I move the reference of some additional numbers. the resolutions to the Comnnttee on Finance. :Ur. 1\IORRILL. I understand that there "\Till be so lqrge a demand The motion was agreed to. 1\Ir. L.~GALLS. I pr ent a petition signed by 80 citizens of Potta for the 1 500 copies which are all ready to be supplied that we shall not watomie County, Kansas; another by100 citizens of Washington County, ha•e mo~e than one copy apiece for the members of the Committee on Kansas· a third by 42 citizens of Osage Mission, Kansas; a fourth by Finance. We may want to cut it up, and therefore we ask merely for 66 ci:tidens of Ellsworth, Kansas; another by 187 citizens of Wilson fifty copies for the use of the Finance Committee. l\fr. DA..WE . I wish the Senator from Vermont woUld have suffi County, Kansas; an~ one .bY ~3. ~tizens of 1\~mi CoU?ty, K~, pray ing that certain specific disabilities may ~~e1ve a higher pens10n.than ( cient copies of the report and of all the accompanying documents bound that which is now received. These petitiOns are all upon a. pnnted to supply each member of the Senate, in one or two \Olum~. 1\fr. 1\IOH.RILL. That can be done by any member afterward. head and there is a similarity about them which leads me to believe that fuere is a spontaneous demand in the country for the ena~ent ~Ir. D...\.WES. I said I wished the Senator from Vermont would have of the bill to which they refer. I move the reference of the petitions it done. I presume there is not a Senator but would be \ery glad to haYeitin that form. IftheSenatorfrom Vermontwouldindicatewhat to the Committee on Pensions. wonJ.d be a proper motion and has any delicacy in making the motion The motion was agreed to. BILLS INTRODUCED. himself, I will make it. 1 : • • Mr. MORRILL. I ·will not embamss the preJ ent question, which lS 1\Ir. ~liLLER, ofCalifornia, asked and, ~y unanim~us consent, ol;ltained an entirely different one, with that matter. I ask for action upon this lea•e to introduce a bill (S. 2199) gi'anting a pellSlon to Caroline M. order; and if the Senator from 1\lassachusett. desiTes to make a separate McDougal; which was read twice by it title, and referred to the Com motion then he can do so. mittee on Pensions. 1882. CONGRESSIONAL RECORD- SENATE. 35
Mr. ANTHONY asked and, by unanimous consent, obtained leave Number of pensions granted for impaired eye- ight less thau total blindness, rate for e!Wh class, and annual value of same. to introduce a bill (S. 2200) to prohibit the use of the Capitol for other What proportion of pensions rated at 18 per month other than for loss oflimbs than its legitimate purposes; which was read twice by its titl.e, and were granted .on applications for increase, and whether the proportion of such in referred to the Committee on Public Buildings and Grounds. creased pensions to the whole number of in>alid pensions is increasing or dimin Mr. CHILCOTT asked and, by unanimous consent, obtained leave to ishing. introduce a bill (S. 2201) for the erection of a public building at Pueblo, 11Ir. BECK. I move to add to the resolution: Colorado; which was read twice by its title. And the Commissioner of Pensions is further instructed, without delaying the 1t!r. CHILCOTT. I ask that the bill be referred to the Committee information called for above, to transmit to the Senate as soon as practicable a list of names of all persons borne on the pension-rolls and of all claimants for on Appropriations. pensions, classified !Wcording to their post-office addresses by States and coun The PRESIDEl~T pro tempore. Bills for the erection of public build ties, the amount paid annually to each, and the amount claimed, and giving the ings go to the Committee on Public Buildings and Grounds. date when those on the rolls were placed there. Ur. CHILCOTT. As the bill provides for the appropriation of a sum The PRESIDENT pro tempore. The question is on agreeing to the of money I suppose it should go to the Committee on Appropriations. amendment of the Senator from Kentucky [Mr. BEcK] to the resolu ' The PRESIDENT JYrO tempore. The Committee on Public Buildings tion of the Senator from Connecticut [Mr. PLATT]. and Grounds :first consider the subject of the erection of public build Mr. LOGAN. I desire to inquire what the object is in one portion ings, and the bill properly goes to that committee. They consider the of the resolution, as to obtaining data. The preparation of the data necessity for the measure, and then, if they approve it, the subject goes required by the resolution will probably take a great while. There is. to the Committee on Appropriations. a bill now before the Senate, which passed the other House at the last 11ir. CHILCOTT. Very well. session of Congress, with reference to one-armed and one-legged soldiers. The PRESIDENT pro ternpore. The bill will be referred to the Com That bill is now before the Committee on Pensions. Whether it will mittee on Public Buildings and Grounds. be reported favorably or not I do not know. If this resolution is to l\fr. GROOME asked and, by unanimous consent, obtained leave to delay action -on that bill I should desire to have it amended, for the introduce a bill (S. 2202) to adjust the rank of certain officers of the reason that the data in reference to on~armed and one-legged soldiers Navy; which was read twice by its title, and 1·eferred to the Committee have already been recei\ed, and have been referred to the Committee on Naval Affairs. on Pensions, as I unde1"Stand, in a letter from the Commissioner of Pen YORKTOWN CENTE...~~IAL COl.Il\IISSION. sions. In fact I have the letter before me. The number of one-armed • soldiers now on the pen8ion-roll that the bill would affect is 5,131; the Mr. JOHNSTON submitted the following t:esolution; which was re number who have lost one leg is 4,722; the number who have lost one ferred to the Committee on Printing: arm and one leg is 20. I do not see what necessity there is for having - Be&owed, That 10,000 copies of the report of the proceedings of the Yorkto~ Centennial Commission be printed, of which 6,000 shall be for the use of the House these figures repeated when we already have the information, unless the and 4,000 for the use of the Senate. effect would be to delay action on that bill. As far as there t of the re olution is concerned, I have no objection ARLINGTON C~TERY. to it ; but I do not see any necessity for repeating information all the time Mr. EDMUNDS. Mr. President, I move-which will come under to the Senate when we have it before us by numbers, classifYing the the head of resolutions, and I will reduce it to writing if any Senator character of the injury and all the facts that possibly can be given. desires i~that the Committee on the Judiciary be instructed to inquire I would move to amend the resolution by excepting one-armed and and report by bill or otherwise, if necessary, whether any further legis- one-legged soldiers, inasmuch as we have the data already before the lation is'necessary to secure the title of the United States to the national Senate and before the Committee on Pensions in regard to them. If the soldiers' cemetery at Arlington. A recent decision ofthe Supreme Court bill is a proper one we can act on it fiworably; if it is an improper one has held, as I understand, that the heirs of General Lee or-his devisees we can vote it down.; but there is no use in delaying a bill of that kind if there was a. will-1 do not know the details-still have a title to that by calling for data that we already have. We cannot get any more in- property. formation in thoSe respects than we have already, and I cannot see any Mr. JOHNSTON. The devisees. reason for it whatever. If there is, of course I have no objection to it. Mr. EDMUNDS. If that be so, it is of course desirable that the Uni- Mr. PLATT. No information has been furnished to the Senate on · ted States should in some proper and just way provide for acquiring it this subject. The information furnished by the Commissioner of Pen for the uses to which it has been so sacredly devoted. I th~refore make sions which the Senator from Illinois refers to was in a letter in re this motion, that that committee be instructed to inquire into the sub- sponse to a letter addressed to him by me. It ne\er was communicated ject, and have leave to report what measure may be thought necessary. to the Senate; it was never read in the ·Senate. Somebody published The PRESIDENT pro iemp(rre. The resolution of the Senator from it, or statements from it, in the newspapers; I did not. This call will Vermont is before the Senate. Is there objection to its present consid- delay nothing, because if those facts have already been ascertained by eration? The Chair hears none. The question is, shall the resolution the Commissioner of Pensions it will take him no time to furnish them be adopted? to the Senate. Those facts con&titute but a portion of the information The resolution was agreed to, and journalized as follows: asked for by the resolution. Ttl.e information asked for I think is all Resol11ed, That the Committee on the Judiciary be instructed to inquire whether pertinent to the queStion in hand. Of course the figures have changed any further legislation is necessary to secure the title of the United States to the since that letter was written. national soldiers' cemetery at Arlington, and that it report by bill or otherwise. Mr. LOGAN. Not to increase them, howe\er. PENSION PAYMENTS. Mr. PLATT. Possibly not. Mr. PLATT. If there is no business to interfere with it, I call up Mr. LOGAN. No, to decrease them. According to the Surgeon- the resolution I offered yesterday asking that the Commissioner of Pen- General's report they are decreasing all the time. sions furnish certain information. 1\fr. PLA'ff. I do not know whether the list is larger or smaller to- The PRESIDENTpr9 tempore. That is a resolution on the Calendar, day than when that letter was written. At anymte, itisnotthesame, and the Senator may call it up now. The resolution is before the Sen- I think it is safe to assume. It can take no additional time tG furnish ate and will be read. that information. · The Acting Secretary read the resolution submitted yesterday by Mr. The point of the necessity for this information is that a bill is pend- PLATT, as follows: ing, as all Senators know, to increase the pensions of soldiers and sailors. Resol!.;ed, That the Commissioner of Pensions be instructed to inform the Sen- who have lost a limb, or who have suffered disabilities equal thereto, at:fh'e amount of the annual pension-roll on the 1st day of December, 1882. -What the Pensions Committee desire is to be informed as to what that- The number of applications for pensions pending on the 1st day of December; bill will cost, and I think it is only fair that we shall have specific infor- 1882. mation from the Commissioner of Peiisions, showing what addition will The number of rejected applications on file December 1, 1882, and whether the be made to the annual pension-roll by the passage of that bill. same are subject to re-exa.mi.nation. The amount already paid for arrears of pension. The resolution also calls for information upon other subjects which The probable amount yet to be paid for arrears of pensions-under existing pro- it seems to me ought to be acted upon, and which, if the bill is to pass, vi¥h.~~~~.f!b'ie amount of the annual pension-roll when pending cases shall ought to be included within it; as, for instance, the class of pensioner have been adjudicated. who are totally deaf, who get $13 a month. It seems to me that if we The amount which would be added to the annual pension-roll by the increase are to raise a pensioner who has lost an arm from $18 to $40, there ~~~~ions already granted as provided by House bill1410, now: pending in the should be some corresponding advance for total deafness, because it ap- The probable number of pending cases which would be affected by such in- pears to me that a man w_ho is totally deaf is as much disqualmed ft·om crease and the probable addition to the annual pel'l.siou-roll thereby. earning a living as a man who has lost an arm or a leg. So with regard The number of pensions already granted rated between SS and $18 as cases of to th ~~· f · ht I think that th · [I th 1 f on" fractienal equivalent disabilities, showing the number and annual value of e~Wh e maiJLOr 0 eye-Slg · e penswn or e 0 0 '"' class. · eye to-day is 1. The amount which would be added to the annual pension-roll by increasing }1r. LOGAN. It is an outrage if it is so. . such pensions in proportion to the increase provided by House bill1410 for pen- Mr. PLATT. It is 4 possibly, running up at various rates to total sions rated at $18 per month. The probable amount which would be added to the annual pension-roll if uch blindness. In the case of impairment of eye-sight less than total propodional increase should be applied to cases now pending in which the rate blindness a very small pension comparatively is granted. of~u:'~~ :ri~~l!'~~~~~!'~~r deafness, total, and less than total, with rate Now if we are .going to pass :tJle. bill which has been spoken of, ~t for each class, and annual value of same. , , seems to me that we should do JU. tlce by some other classes. That 1s 36 CONGRESSIONAL RECORD- SENATE. DECEMBER 6, the object of calling for this information; and I think that the Senate armed and one-legged soldiers; you haYe them just as fully here a you desire to obt:tin it. ~ however, they desire to act upon the bill with ask for them in your resolution. tuo
Mr. MILLER, of California. I think the Nicaragua Canal bill was SEc. 4. That the court may, at any time during the proceeding , order that all oranyotherproceedingsbestayedordismissed,andmayrequirealloranyclaims made the special order for next :Monday or Tuesiay. to be presented to it for determination, or may allow any other proceeding to be The PRESIDENT pro tempore. There is a special order for next :Mon- pro ecuted to final judgment, and such judgment to be filed in the bankruptcy. • day, being the bill (S. 550) to incorporate the :Maritime Canal Company Any claim not due may be matured by a rebate under an order of the court. No creditor shall be prejudiced by having taken security in good faith, and of.Nicaragua. without notice of impending bankruptcy; but securities otherwise taken may be Ir. SEWELL. Then I give my notice for next Thursday, unless I set aside. can obtain the floor for the Fitz-John Porter bill in the mean time. SEc. 5. That any intel"locutory matter in the course of the proceedings may be heard bef01·e any standing or special master in chancery and under a standing EXECUTIVE COMMUNICATIOXS. or a special order of reference, and at anyplace designated in such order; but aU · the decisions of uch mn ters shall be subject to the summary and informal super The PRESIDENT pro tempore laid before the Senate the following vision and control of the court. The circuit judge and the acSsociate justice-of message from the President of the United States; which were referred the Supreme CotU"t assigned to the circuit shall have and exercise a like super vision and control over all the proceedings of the district court in bankruptcy; to the Committee on Military Affairs, and ordered to be printed: . and at the request of any person aggrieved by any decision of the district court, To the Senate and House of Representatives: or the judge thereof, he hall forthwith certify the questions involved in such I transmit herewith, for the consideration of ·Congress, a communication from decision to the circuit judge for summary review and redetermination; and any the Secretary of War, inclosing one from the commanding general Department decision of the circuit judge may be in like manner reviewed by said justice of of the l'tlissouri, indorsed by the division commander, urging the advisability the. Supreme Court; or the party aggrie>ed may seek relief by appeal, as in other of prompt action in the matter of perfecting the title to the site of Fort Bliss, ~~ . Texas. SEC. 6. That any conveyance, transfer or payment made and received in view Accompanying also is a copy of Senate Executive Document No. 96, Forty of bankruptcy may be set aside if found to be contrary to the just rights of other seventh Congress, first session, which presents fully the facts in the case ns wtlll creditors. But money obtained and nsed in good faith, though unsuccessfully, to avert an impending bankruptcy or to save a threatened sacrifice of property, J\8 the character of the legislation necessary to secure to the United States proper 1 title to the land in question. or for sickness or other like nece s1ty, may be preferred in pll.yment or in secu The Secretary of '"ar expresses his concurrence in the views of the military rity by the court. authorities as to the importance of this subject and w·ges that the requisite SEc. 7. That if it shall appear that any creditor has willfully and oppressively legislation be hnd by Congress at its present session. sought to bring about the bankruptcy of the debtor, or to obtain any fraudulent CHESTER A. ARTHUR. advantage over other creditors, the court may deny such wrong-doer any parti E.'t.ECUTIVE !ANSION, December 6,1882. cipation in the estate, or only a pa.rtial benefit of his claim, as may seem just. The discharge of the bankrupt shall not operate against any liability for fraud, trespass, or other willful tort; but the >alidity of any discharge in bankruptcy To the Senate and House of Representatir:es: shall not be contested after the expiration of two years from its date. I transmit herewith a communication from the Secretary of War, dated the SEC. 8. That the district courts shall be considered as always open for the re 4th instant, setting forth certain· facts respecting the title to the peninsula. ot ception and consideration of the bu iness under this act, and at their regulnr Presque Isle, at Erie, Pennsylvania, and recommending that the subject be terms the bankruptcy business shall have precedence over all other kinds. presented to Congress with the view to legislation by that body, modifying the SEc. 9. That it shall be the duty of the Supreme Court to make such additional. act of J.\Iay Z7, 1882, entitled "An act to authorize the Secretary of W a:r to accept rules in equity, if any, as may be required to carry this act into full effect, and to the penin ula in Lake Erie, opposite the harbor of Erie, in the State of Pennsyl fix all fees and costs for services in lilankruptcy under this act. vania" (17 Stats., p. 162), so as to authorize the Secretary of :War to accept the lli. INGALLS. :Mr. President, the object sought by the establish title to said peninsula proffered by the Marine Hospital of Pennsylvania, pur- uant to an act of the Legislature of thl\t State approved by the governor Mny ment of a uniform system of bankruptcy throughout the United tates 11,1871. is the discharge of insolvent debtors, upon the surrender and llistribu CHESTER A. ARTHUR. tion of their estates among their creditors. The power of Congress in EXECUTIVE l\IANSION, December 6, 188~. the premises is admitted. The necessity for its exercise seems to re quire no argument, and our duty, therefore, is plain. State insolvent To the Senate and Hou-se of Representatives: laws are inefficient and conflicting. They bear une~lly upon resi I transmit herewith a communication from the Secretary of War, dated the 4th instant, and its accompanying papers, in which it is recommended that sec dent and foreign creditors, and in many instances ~ppressive and tion 1216 Revised Statutes be so amended as to include in its provisions all en harsh toward debtors. The commercial interests of the country are so listed men of the Army, and that sectiom 1.285 Revised Statutes be modified so vast, and so rapidly increasing; the distances from the centers of distri as to read: "A certificate of merit granted to an enlisted man for distinguished service shall entitle him thereafter to additional pay, at the rate of $2 per month, bution to the areas of consumption are so immense, and the laws for while he is in the military service, although such service may not be continu the collection of debts so different in the several States and Territories ous." of the Union; that the necessity for some system by which all creditors CHESTER A. ARTHUR. EXECUTIYE J.\IA -SION, December 6, 1882. and all debtors, irrespectiTe of neighborhood, or vigilance, or favoritism, should be placed upon the same footing of exact and impartial justice B~""KRUPTCY SYSTE:ll. appears too obvious for elaborate comment. The Senate, as in Committee of the Whole, proceeded to consider the The people for some reason have not hitherto been eager to invoke bill (S. 1382) to establish a uniform system of bankruptcy throughout this power. But three ban1.'Tllpt laws have been enacted since the Gov the United States. ernment was established. These have been adopted as temporary ex ~Ir. INGALLS. The bill being brief, I a k tha~ it be rend at length. pedients, under circumstances of panic, financial convulsion, and com The Acting Secretary read the bill,· as follows: mercial disaster, which rendered it impossible that they should be Be it enaded, &c., That whenever any per on, without fraud, shall have be effective or satisfa€tory. The first general bankrupt law was passed come involved in debts and liabilities beyond his means of payment, and amount.. April 4, 1800, as a measure of relief from calamities partly resulting ing to $500 or upwards, he may apply, by petition in equity setting forth his in from the inflated currency of the Revolution and partly from the great solvency, and the cause thereot:z with schedules of his liabilities and assets, duly verified, to the district court ox the United State for the district in which he Napoleonic wars then devastating the earlh. In this law the term may reside, on which jurisdiction is hereby conferred, to surrender his e tate for "bankrupt" was used in the same sense as in the English statutes, the benefit of his creditors, except so much as shall be exempt from execution and theproceedingsweresimilar, the bankrupt being regarded as quasi tmder and by the laws of the State where he resides; and thereupon, if ~ood cause appear, the court shall adjudge the petitioner to be a bankruptt appomt a criminal, and the proceedings being hostile to the debtor. This law, receiver of such estate, and cause reasonable notice, by service, mail, publica however, soon came to be regarded with disfavor, and was repealed by tion, or otherwise, to be given to all per ons interested, and shall proceed to hear the aet of December 19, 1803. The second general bankrupt law was nnd dispose of the cause upon its merits as the pleadings n.nd proofs may require, n.nd to marshal and distribute said estate among the creditors of the petitioner passed April 19, 1841. It was a sequence of the memorable panic of a{l()ording to the rules and practice of equity. And if it shall appear that such 1837. It remained in force thirteen months, and was reperued. The debts and liabilities were incurred without fraud, and that the inability of the third and last general bankrupt act went into operation June 1,1867, debtor to make payment has arisen from accident and misfortune, and without fraud, the court shall grant him a discharge as a bankrupt from all such debts and continued eleven years and three months. It was framed on the and lia.bilitie . This act shall also apply to corporations. model of the Massachusetts State insolvency act., and, like the law of SEc. 2. That whenever any person re iding and owing debts as aforesaid, after 1841, wa more in the nature ~fa general insolvency law than a bank the passage of this act, departs from the State, District, or Territory of which he is nn inhabitant, with an intent to defraud his creditors, or being absent, remains ruptcy statute, being intended for the relief of the debtor. It grew out so, with like intent, or conceals hlmselfto avoid arrest or the service of legal pro of the disasters that followed the civil war, and when the· crisis was cess issued or feared, or makes a fraudulent transfer of his property, or conceals passed, the law, after various amendments, was repealed. or remove:; the same to avoid proce or with intent to defraud his creditors pro cures or suffers judgment against him., or gives a warrant to confess judgment There is now an opportunity in this epoch of general prosperity to or jud~ent-note with like intent, or who having been arrested in any civil ac establish a system that shall be free from the defects and infirmities of tion fails or neglects to give bail or in some other mode to procure his discharge its predecessors, that shall be coflstrncted. with deliberation and not ·in for twenty days, or fails to dissolve an attachment laid upon his property in a civil action for alike period, or fails for sixty days to satisfy a final judgment or frantic haste, that shall be just to the debtor and the creditor, that decree rendered against him for the payment of money, unless a supersedeas or shall be enduring, and that shall be incorporated permanently into the stay of execution has been effected in respect thereto, or who, being a trader, judicial framework of the country, and become an integral portion of hM suspended and not re umed payment of his commercial paper, open ac counts made, pas ed, or contracted in the course of his business, for a period of the law of the land. thirty days after the same was payable, or who, being solvent, makes a prefer Of the three previous experiments in bankruptcy legislation two things ence to any creditor, or makes an assignment for the benefit of existing cred may be safely affirmed. First, that they have been servile adaptations itors, with or without preference, any creditor or creditors may file such a peti tion in behalf of all persons interested, and thereupon the like proceedings shall from English precedents, copies of obsolete British statutes with formal be had as in the case of a petition by the debtor. modifications. Second, that they have all resulted in disastrous fail Insolvency in this act shall be deemed to exist only when the debtor's liabili ure, and have been precipitately abandoned after obliterating enormous ties exceed in amount the value of his property liable to execution, and the available debts due him. . , amounts of indebtedness with nominal returns to creditors. The ma SEC. 3. That the court shall have power to grant extensions of time for pay chinery was complex, cumbrous, and extravagant. The assets were con ment, and to reduce the amount of indebtedness pro rata, for the purpose of al sumed in the payment of fees and costs to superfluous officials. Flexi lowing the debtor to proceed with his busine , if it shall seem best so to do. And any agreement between the debtor and a majority in amount and nmnber ble assignees and greedy attorneys conspired with unscrupulous con of his creditors may be carried into effect if approved by the court. federates to depress the >ulue of estates, and then to absorb the proceeds
••
. 1882. CONGRESSIONAL. RECOR.D- SENATE. 39 of fraudulent sales, so that the abuses became so flagrant and o remedi insolvenci a deterioration of their character, excessi'e e:<..'])enses, and less that nothing was left but unconditional repeal. grea.t facilities for fraud. The Senate at a former session directed its Committee on the Judi Two bills were introduced at the last session of Parliament to abro ciary to consider the subject of further bankruptcy legislation. To as gate the la-w of 1869-one by Mr. ·Chamberlain and one by the attor certain the views of those most directly interested a sub-committee ad ney-general practically restoring the official system. .And yet the act dressed a circular letter of inquiry to the boards of trade, chambers of of 1869 which has resulted in such profound dissatisfaction is the commerce, representative business firms, bankers, merchants, and trade boasted model on which Judge Lowell has framed his bill. journals in all the principal cities of the country. The responses indi In a discus.<>ion in the House of Commons Mr. Samuell\1orley said: cated a very decided opinion in favor of a general bankrupt law, to There were questions of vital importance which ought to be mentioned. As gether with unanimous condemnation of the practical operation of the one who belonged to the class of creditors, he said that under the act of 1e69 ad statute of 1867. ministration by creditors had utterly failed. They divested themselves of their powers at the earliest possible moment, not only for present control, but for After months of laborious correspondence and diligent consideration future control. 'There one proxy was given twenty years ago fifty w ere given of the different plans submitted to them, the Judiciary Committee now. If the result had merely been to give them incomparably smaller divi reported the equity or official scheme, by which, inst·ead ofcreating a new dends the evil would not be so great. code of procedure, the administration of bankruptcy is ingrafted upon A memorial signed by many prominent bankers and merchants of the equitable jurisdiction of the Federal courts. The real point in con London, dated January 28, 1879, referring to the statute of 1· 69, which troversy, which is coeval with the history of bankruptcy legislation, is is the prototype of the Lowell bill, says: whether the court or the creditors shall control the distribution of the It affords new and various facilities to insolvent persons to escape from the estate. Public opinion in England is divided on the same question. Fif reasonable control and supervision of their creditors, by private arrangements wholly beyond the jurisdiction of any public court or judge, and by reason of teen different bills have been debated in Parliament without reaching these facilities there is an increasing number of cases m which the grievous and a conclusion, and the subject is still undergoing the most searching con dangerous scandal is exhibited of men failing for vast liabilities, and finding it sideration. easy, in consequence of the present defects of the law, to get their speedy dis charge by the payment of no dividend, or a dividend of some small fraction of The Senator from Massachusetts has offered a an amendment to the a pound, or even shilling, and without being subject to any efficient investiga bill reported by the Judiciary Committee the sketch or projet of an act tion of their affairs, or of the conduct and proceedings which led to their insolV prepared by Hon. John Lowell, circuit judge of the United States, at ency. That the present law is rendered practically nugatory by leaving to those the request of the Board of Trade of Boston and other mercantile asso who have a.lready incurred los es the investigation of the bankrupt's affairs, and ciation . has laid upon them the obligat.ion of exposing the misconduct of bankrupts, The Senator from Massachusetts supported his amendment by an which, in the plain interest of public morality, should be dealt with, not as a. private matter, but by a public court and judge. . elaborate speech on the 24th of June last, in which he 'presented with Experience has amply proved that reliance on creditors to perform these on judicial clearness and candor the arguments in favor of the Lowell bill erous and costly functions is entirely futile. The ba.nkruptcy act of 1861 did and the possible evils that might attend the administration of the offi contain provisions for the interference of the court in all cases of misconduct, but in consequence of the failure of legislation to provide an efficient court and cial system. He admits that the LoweU bill is the banl'Tllptcy system judge these most salutary provisions were never enforced. of Great Britain, his language being "the system which experience has :Mr. Chamberlain, in a speech delivered a few months ago in the suggested and approved in England.'' House of Commons, said: In view of this admission it may not be unprofitable to refer briefly He supposed that of all that legislative work the act of1869 had been the most to the history of English legislation, for the purpose of ascertaining how unsatisfactory and most unfortunate. It was the object of almost unanimous far the Lowell plan has been ''approved '' by the judgment of the mer condemnation at the present time. Committees of the House of Commons, cantile classes of that kingdom. chambers of commerce representing the commercial interests of the country, the judges who had to administer the law, the officials who had to supervise its exe The original draft; of the Lowell bill was merely an adaptation rnutatis cution, bankers, lawyers, accountants, a.ll the representatives ofthe commercial mutandi.s of the English aet of 1869. It has undergone essential changes. classes, joined in swelling the universal chorus of disapprobation. Under those The second draft issued from Boston contained material alterations. In circumstances it was not surprising that since 1869 there had been no fewer than thirteen proposals before the House for amending that act; six of these had been response to an observation which I made with reference to these modifi government bills, but none, owing to circumstances into which he need not enter cations the Senator from Massachusetts said: now, had gone beyond the preliminary stage. Mr. President, I desire to say in one word, in reply to the honorable Senator's The comments of the British press have been equally unsparing and suggestion, that the Lowell bill is as thoroughly new in regard to its provisions severe. The London Times says editorially: t elating to all the points which have been found to be a grievance under the old The trustee is free and almost encouraged to defraud the creditors for his own bankruptcy system as any scheme possibly can be. exclusive benefit, or in partnership with the insolvent. The post of trustee is, as Mr. Chamberlain said, an enviable one, provided be be not troubled with moral As a matter of fact the ''new provisions'' in the Lowell bill were scruples. The act of 1869 especially arranged that trustees in bankruptcy proper taken from the repealed English statute of 1849. The hybrid function should give security; yet creditors, under cover of a provision intended to apply to aries, half judge and half registrar, were created by the early statute, casual omissions, scarcely ever exact it. In 2,500 cases security was taken only in 14. The aim of the act of 1869, which seems to have no friend but the attorney-gen abolished as valueless in 1869 and ne>er revived. eral, was intended to reform the law as it stood, by abolishing officialism in con How complete the failure of bankruptcy legislation in England has nection with bankruptcy proceedings and by placing the management of the been may be learned from the prize essay of Mr. William A. Steele in bankrupt's estate in the hands of the creditors. Under the elder bankruptcy legislation the primary view of an insolvency was that a crime had been com the November, 1881, issue of the Journal of the Institute of Bankers. mitted. The state entered into possession of the offender's effects, as in the in Mr. Steele declares that all attempts in England to combine in practice stance of a felony, a~d distributed them as it thought justice demanded. The the rights of the CJ:editors, the debtor, and the public have resulted in act of 1869 was the culmination of a long series of legislative changes in the way oflooking at such questions, by which opinion hadgraduallyveeredround until failure. The English acts have ranged from barbarous severity to undue insolvency had come to be regarded principally as the concern of the debtor and leniency. The bankruptcy commissioners un~er the system in force his creditors. The evil could not be denied, nor the danger to commercial honor, in 1818 were declared to be the worst instituted court of justice that by connivance at fraudulent bankruptcies. could well be imagined. After experience in the workings of the act The comptroller in bankruptcy, in his annual rci>ort, snys: of 1831, it was declared to be composed, like those which had preceded The act leaves the creditors to see to these matters; but all experience under it, almost equa.Uy of evil and of good. In 1849 the merchants, bank the present and former acts proves that whatever is left to the creditors is, as a. rule, left undone, even in bankruptcy proper. For example, nothing could be ers, and traders of London passed unanimously a resolution that the more important under the present system of electing trustees than that they existing bankruptcy and insolvency laws are a disgrace to the commer should give security, and section 14 of the act provides that the creditors" when cial age and to the country and that under their rule deceit, reckless they appoint a trustee shall by resolution declare what security is to be given, .and to whom, by the person so appointed before he enters on the office of trus ·trading, extravagance, dishonesty, and every species of fraud may be tee;" but general rule 106eXplainsthat" wherenosecurityisspecifiedto be given practiced 'vith impunity. Soon after the aet of 1849 was passed, and by the trustee he sha.ll be deemed to be personally responsible," &c. ; and in the was welcomed with satisfactio.n by the commercial and trading classes; last 2,500 bankruptcies security was required to be given by six trustees in one county court, twice by one person in another court, and in only six other cases but this satisfaction was speedily dissipated, for the measure pro>ed in all the rest of England and Wales. In London it was for some years almost quite ineffect~al to repress the mischief against which it had been the invariable practice to insert the word "no" in the form (38) of resolution: directed. The act of 1861 was intended to secure sweeping reforms, "that the said--shall give no security;" but latterly the whole resolution and especially the abolition of what was called ''the official system." has been as often struck out. But the new law did not work well, and its results were not contem- He continues: plated with satisfaction, even by its author. A large control was put It would be impossible to exaggerate the abuses which arise, and which must necessarily arise under a system which altogether depends on the honesty, in into the hands of the creditors, but this was found to be inoperative, telligence, and watchfulness of creditors, from the carelessness with which from the fact that except in large estates the cre • 1882. CONGRESSIONAL RECORD- SENATE. 4I - trustees, committees of inspection, nor other quasi-officers, and all the tied by innumerable decisions, which are as uniform and as broadly proceedings are subject to the summary supervision of the court, with recognized as the law governing the ordinary contracts of hire or sale. an appeal to the circuit judge and the associate justice of the Supreme There is nothing occult or mysterious about the settlement of insolv- Court.. ent estates, and lawyen; who are familiar with equitable proceeding One of the most important provisions of the bD:l i<> that which pro in cases of account, accident, trust, fraud, specific performance, con Yide for extensions of time for payment, and the reduction of liabili tribu~on, partnershlp, discovery, partition, injunction, and many oth ties pro rata, to enable a debtor to continue in business, if that shall ers, will not share the apprehensions of those who profess to fear that seem best. This provision is designed to prevent the business of bank equity will not be able to afford relief in any emergency that may rupt wreckers, and to preserve the entire estate for the creditors and arise, or that there will be unreasonable delay, especially when it is· their customer, in whose success they are immediately interested. It provided that bankruptcy business is to have precedence over all othe1~ would prevent the destruction, through the malice or ill-will of a rival kinds. An eminent commentator on equity pleadings (Drewry Eq~ in trade, or a personal enemy, of a business worth preserving. The Pl., page 65, n.) says: . good-will of an established business may be worth more, as a means of Neither can it be too much impre sed on the public that the result of thiS' acqun:ing money for the payment of liabilities, than the goods in the temper of the courts, ading honestly in aid of the acts of the legislature in re forming the procedure of the court of chancery, in a great measure by dis factory or store. In many cases a mere extension of time would enable counteaancing pure teclmicality in pleadings has rendered that court as expe the debtor to realize funds and make payment in full. In other cases ditious and (considering the magnitude and extent of the questions usually dealt a reduction of 25 or 50 per cent. of the liabilities would enable him to with in chancery causes) as cheap a tribunal as it was formerly dilatory and pay the remaining 50 or 75 per cent., when, under a forced conversion expensive. • in bankruptcy, the creditors might realize but a fraction of that amount. The Senator from Massachusetts, in the able m·gument to ·which I The design of this is to prevent bankruptcies. It is remedial and have alluded, dwelt with much force upon the inconvenience and ex beneficent. One great difficulty in all bankruptcy systems has been pense which would attend the administration of the equity system. the absence of conservative provisions. They could do nothing to pro He says: tect or to aid, but they were potent to destroy. Most business failures The Lowell bill carries the court to the neighborhood where the debtor and his estate and the mass of his creditors will be found. The equity system com belong to one of two classes. In the first they ru.ise from long-continued pels everything to be transported to the place where the court is held. This and gradual depreciation and diminution of assets, with corresponding grievance to which the unpopularity of Federal jurisdictions as instanced in inerease of liabilities, until the unfortunate debtor can go no further. patent and revenue causes has been so largely due is intensified in this scheme. Under the former system the law would then intervene, take the re This is incorrect. Nothing is required to be presented to the court maining assets, and if they nominally amounted to :fifty or sixty cents but the petition. .All proofs can be taken and all interlocutory matters on tho dollar, would probably turn ove1· to the creditors perhaps ten heard before a standing or ·special master in chancery under a special or. :fifteen cents. There is no justice in such a system. In all cases it or standing order a.t any place designated. In case-of great pressure of is the interest, both of the public and of the creditors, to have the business or in populous communities as many m~ters may be appointed merchant or manufacturer go on with his business if he can. And if as occasion may r~quire. Their functions will cease when the emer he has acted honestly he should be allowed to summon his creditors, gency end.. state his case to the court, show his good faith, fair dealing, and freedom The Senator continues: from fraud, the ratio of his assets to his liabilities, and have his indebt But the difference between the two plans becomes most conspicuous when we edness reduced by an order of the court to that percentage which will consider the comparative expense which attends each. The cost of a bank enable him to go on in business, meeting the new obligations in full. ruptcy process is felt in 1!hree places-by the public, the estate, by individuals who are to be heard a-s parties upon any of the questions. that may arise. Under such a provision the creditors would get all the debtor is able to Under the Lowell bill the jurisdiction in bankruptcy is vested in commission pay. Nothing would be lost in expenses and forced sales. The entire ers to be appointed by the court, not to exceed one for each Congressional d.istrictr bankruptcy proceedings might in such a case be completed, if the cred who are to be subject to the control of the court and paid by a fixed salary. itors all reside in the vicinity of the debtor. Mr. HOAR. Will it disturb the Senator, before he begins this new The other class of failures arise chiefly in times of financial panic, but point, for me to ask him a question about the one he has just left? may occur from any accident or misfortune, such as fire, or the wreck of 1\lr. INGALLS. Not at all, but let me finish this quotation: a vessel, or the failure of a particular housein which thepartyhaslarge In each circuit there is to be a supervisor, who shall examine into and report interests. In such a case the suspension of payment may not arise from periodically the condition of all bankruptcy cases in his circuit. any inadequacy of asse~, but SQlely from inability to realize immediate Now I will hear the Senator. cash. To destroy a business house and wreck the fortune of an upright 1\fr. HOAR. I understand the Senator to say in reply to my point and able business man under such circumstances where he has an abun that his bill takes the case to the court, not the court to the case, as my dance of assets to meet ev.ery obligation would seem an act of wanton bill does; that the point is not well taken because the only necessity for· ness such as ought not to be tolerated under an enlightened system of an appeal to the court at the place where the United States court sits is jurisprudence. What, then, ought to be done in such a case? The in presenting the petition. I ask the Senator if his bill will not require debtor should have the right to summon his C.Teditors before a United in the first place an appeal to the court at the time the petition is pre States judge and state thecircumstances; and, onafairshowing, obtain sented; next, the presence of the debtor, or of the creditor, in the case· without any delay such an order extending the time forpa.yment of his of involuntary proceedings at the time the petition is heard; third, on obligations as should appear to be just and necessary to enable him to the question whether a receiver shall be appointed and who shall be pay his debts in full. In very many cases of· the destruction of great selected, the question of the selection or choice of a master on all appeals, business interests under the former bankruptcy law a mere extension of on questions of proof made from the master, on the hearing before the time of payment for thirty, sixty, or ninety days, or for three, six, or court on the final account, on the hearing before the court on all ques twelve months, would have enabled the debtors to pay every dollar of tions of marshaling assets, on the hearing before the court on the mat their indebtedness ; whereas under the course pursued they were ut ter specifically provided for in section 3, granting extensions of time terly ruined, and only nominal dividends paid to their creditors. Thus for pa~ent, and at the hearing upon the question of discharge. I have both debtor and creditors were robbed, and no benefit resulted to any mentioned now a dozen, I presume. I could mention twenty matters, one, except the administrators of the estate. So I rank as of the highest each of which, under the Senator's bill, must be heard by the judge* possible i1nportance in a bankruptcy law such provisions for redu ing the statement of debt, hall be 50 cents: Provided, That no fee shall be paid nate a commissioner to ha>e charge of the ca.u e, and appoint a time and place to a Federal judge, commis ioner, or supenisor. for the first general meeting of the creditors of said bankrupt for the proof or debts and the choice of a trustee or tru tees before the judge or before said com " CREDITORS IN NUMBER. missioner, and give notice of such adjudication and meeting, and of the pur . "SEC. 24. That whenever the creditors are authorized to determine any matter poses thereof, by publication in one or more newspapers to be designated by the partially or fina.lly-l;>Y a major!ty or an~ ?ther proJ?Or~ion .in value .and ~umher court, having regard to the circumstances of the case, and by mail to all known of said creditors lWlth exceptiOn of pet1tlon for adjudiCatiOn) cred1tors m num creditors of the petitioner; and the notice to creditors shall state the facts afore ber shall be understood as excluding every credit.or whose provable debt shall said, and the names and residences of the creditors, and amounts due them, o far be less than $50, in reckoning number, but not in reckoning value. as known. Said meeting shall be held not less than ten nor more than sixty 1 1 do.r.s after adjudicat.ion. RULES. ' If a bankrupt dies after adjudication, the proceedings may go forward as u "SEc. 25. That, subject to the provisions of thi act, the Supreme Court shall he had lived. have the like power to make and prescribe rules, forms, and modes of proceed 11 U.""VOLUNTARY BA~iXRUPTCY. ing in bankruptcy as they now have in relation to ~uits and proceedings in equity. Subject to this act and the rules of the Supreme Court the several circuit "SEC. 34. That any person residing and owing debt8, as afore aid, who. ai\.er and district courts may prescribe rules of practice and forms of proceeding. the passage of this act, departs from the State, District, or Territory of which he is an inhabitant, with intent to defraud his creditors; or, being ab ent,, remains "RECORDS. so with like intent; or conceals himself to avoid arrest or the service of legal "SEc. 26. That the proceedings in all cases of bankruptcy shall be deemed process; or makes a fraudulent transfer of his property; or coneeals or removes matters of record, but the same shall not be recorded at large, but shall be care the same to avoid process; or, with intent to defraud his creditors, procure or fully filed, kept, and numbered in the office of the clerk of the court, and a docket suffers judgment against him; or gives a warrant to confess judgment, or judg only, or short memorandum thereof, shall be kept in books to be provided for ment note, with like intent; or who, being a trader, having been arrested in any that purpose, which shall be open to public inspection. civil action fails or neglects to give bail, or in some other mode to procure hi discharge, tor1 twenty days; or, being actually illSOlvent, fails to dissolve an at / "WARRANTS. tachment laid upon his property before final judgment in the suit in which such. "SEC. 27. That at any time before or within three months after the adjudica attachment is made: or fails for sixty days to satisfy a final j-udgment m· decree t1on, upon proof being made by affidavit, to the satisfaction of the judge, that rendered against him for the payment of money, unless a supersedeas or ta) any bankrupt or person against whom proceedings in bankruptcy are pending of execution has been granted in respect thereto; or has uspended and not. is about to leave the district, and that his departure will hinder, impair, or delay resumed payment of his commercial paper or open accounts made, passed, or· the proceedings therein the judge ma.y issue his warrant to the marshal direct contracted in the course of his business, for a period of thirty days after the same ing him to arrest said 1oankrupt, or supposed bankrupt., and him safely keep were payable; or who, being in olvent, makes a preference to any creditor a . until he shall give bail or recognizance, m a sum to be specified in said warrant, hereinafter defined, or makes an assignment for the benefit of exhlting creditors for his appearance, from time to time, as required by the court, and for his with or without preferences, shall be deemed to have committed an act of bank obedience to all lawful orders of the court in said proceedings. ruptcyJ and may be adjudged bankrupt by any court of bankruptcy wherein he "The judge may, at any time after adjudicatiOn and before the trustee is might nave been made bankrupt on his own application, upon a petition tiled in chosen, in any case upon the application of the bankrupt or of any creditor, such court by three or more of his creditors whose debts, which would be prov issue a warrant to the marshal requiring him to take possession of the property able at the first meeting under this aet, amount, in all, to not less than $'250, or if of the bankrupt, and keep the same safely for the trustee when appointed. his creditors are less than twelve in number, by not less than one-fourth in num "He may issue a like warrant to seize and keep the property of any person ber of his creditors having debts to said amount, provided such petition i · hrought against whom proceedings in bankruptcy are pending, and before adjudication, within six months after the act of bankruptcy has been committed. :secured upon satisfactory evidence by affidavit that he is about to remove, conceal, or creditors whose security is inadequate may be petitioners in re pect to the ex transfer his property in fraud of his creditors or of this act: Provided, hotvever, cess of their debts beyond the value of the security. When such act consi t of a That no warrant or injunction interfering with or restraining the prosecution of transfer of, or attachment or lien uP.on, property of the bankrupt, uch period the ordinary business of the alleged bankrupt shall issue unless the petitioning shall not be deemed to expire unhl six months from and after the recording. creditor execute and file with the clerk of the court a bond to the alleged bank registering, or docketing of the deed, writing, transfer, judgment·, or attachment rupt, in the penal sum of not less than $500, with sureties to be approved by the relating thereto, whenever, by law, such recording, registering, or docketing il judge, conditioned to pay all damages resulting from granting the same in case required or permitted, or from the notorious, exclusive, and continuou posses it shall be ultimately decided that the creditor was not entitled thereto. sion by the creditor, or other person dealing with the bankrupt, of the personal "If the judge, by reason of illness or absence, is unable to act, the commis property which is the subject-matter of such alleged act of bankruptcy. sioner, or if no commissioner has been designated for the case, one of the com "SEc. 35. That in involuntary cases it shall be no objection to the jurisdiction missioners of the district, may issue the warrants mentioned in this section. of the court that the debtor has removed from the United State since the act of "SEC. 28. That the judge may appoint a. receiver before adjudication, or before bankruptcy was committed, provided the petit.ion is brought in a di. trict in the trustee is chosen, when there appears to be a necessity the1·efor. which he might have filed his p t-ition at the time of his remoyal. In all cases, voluntary or involuntary, the petition for adjudication may be filed with a com "L'iJUNCTIONS. missioner, who shall send the same by the next mail to the clerk of the court. "SEC. 29. That the circuit and district courts of the district wherein any invol "SEC. 36. That upon a petition being filed by creditors for adjudication, and untary proceedings in bankruptcy are pending may, before adjudication, by in~ cause shown by affidavit, in the petition or otherwise, the court,, if atisfied with junction, restrain any person from intermeddling with the property of the sup the proof, shall grant an order of notice to the debtor requirmg him to show posed bankrupt. The judge in bankruptcy shall have the like power in respect ·cause thereon, at a court of bankruptcy to be held before the court not le t·han to the supposed bankrupt. ten days thereafter. .Before such order shall be granted by saiu court, the Judge "Said courts may likewise restrain creditors from prosecuting actions to final thereof shall require such creditors to execute a boud, with such surehes as judgment contrary to this act, or may permit such actions to proceed for such he may direct, conditioned that if the issue is found for the defendant or de purposes and under such restrictions and limitations as shall be found just; but fendants they will pay all costs and damages the opposite parties may have us this act shall not prevent bonafide creditors in suits instituted prior to filing the tained by reason of such proceeding. Such order shall state the sub tance of petition in bankruptcy from continuing such suits for final judgment until the the petition, and be served not less than five days before the. return day. as pro question of discharge be determined. _ cess is served in other civil actions; and the order shall require notice by pub 11 HEARL.,.GS. lication, as therein directed, if the debtor is not found and has no usual place of abode within the district. The cause shall proceed and be tried before the judge, "SEc. 30. That all hearings and examinations in bankruptcy shall, unless or before a. commissioner to be designated by the judge, summarily, and a otherwise ordered by the judge, be oral, and the commissioner shall report the speedily as may be after due service has been made, unless the debtor, on the substance of the evideftce if so requested. When the bankrupt is examined, the day ,.,..hen he is bound to appear, shall demand a trial by jury, which shall then court may, if the importance of the case seems to require it, order n. sworn be had at the first convenient opporttmity; and the judge may stunmon o. jury stenographer to be employed, at the expense of the estate, to take down the for such purpose if the urgency of the case appears to justify it. In case the evidence. In any hearing or examination a party interested may employ a issue is found for the defendant or defendants, the same jury shall asse the stenographer, who shall be duly sworn; and the court may afterwards, for cause damages hereinbefore provided for, and judgment shall be entered against boUt shown, order the necessary exP,ense of his employment, or some part thereof, principals and sureties; and the trial and judgment may be reviewed in the to be paid out of the asset . same manner and to the same effect as trials and judgments in actions at law. "TIME. "Any creditor of the supposed bankrupt may be admitted as a copetitioner by "SEC. 31. That in all cases in which any particular number of days is prescribed filing with the clerk or commissioner, a't any time liefore the hearing, notice that by this title, or shall be mentioned in any rule or order of court, or general order he wishes to be so admitted, or maybe admitted by thecourtduringthehearing, which shall at any time be made under this title, for the doing of any act or for upon filing security as aforesaid. Any person interested to defeat the petition. any other purpose, the same shall be reckoned, in the absence of any expressions may be admitted to defend. to the contraryi exclusive of the first and inclusive of the last day, unless the "If the issue is found against the petitioners, the petition shall be dismissed, last day shall fa 1 on a Stmday, Christmas day, or on any day appointed by the but it shall not be dismissed for want of prosecution, or by consent of partie ,. President of the United States as a day of public fast or thanksgiving, or on the unless the judge is satisfied that the parties consenting are the only parties in Fourth of July;in which case the time shall be reckoned exclusive of that day terested, or that the acts of bankruptcy have not been committed, or that no also. The filing of the petition for adjudication, with a commissioner or in the interests of creditors can be prejudiced by such dismissal; and to ascertain these clerk's office, whichever is first in time, shall be deemed the commencement of facts, notice may be required by publication, or the debtor may be required to. proceedir~gs under this act. file a. schedule of his creditors, and notice may be given them by mail, or other "VOLUNTARY B.U..-x:R"CPTCY. wise, as the judge may direct. "SEC. if!. That if the debtor shall make default, or if upon the trial the i ue ''SEc. 32. That any person residing within the jurisdiction of the United States, shall be decided against himJ he shall be adjud~ed a bankrupt, and shall file owing debts provable under this act exceeding the amount of $500, may apply, within five days thereafter} uruess further time is g~ven by the court, the schedule by ~tition, to the district court of the judicial district in which such debtor has and inventory above reqmred to be filed by petition"ers for the benefit of the act~ res1ded or carried on business for the six months next preceding the time of filing If he has not appeared in person or by attorney, such notice to file the schedule such petition, or for the longest period during such six months, settin~ forth his and inventory shall be given him as the court may order before he shall be deemed place of residence and ofbusiness, his indebtedness to said amoWft, his willin~ guilty of contempt. If he fails to file these papers in due time, the ~etitioning ness to surrender all his estate and effects for the benefit of his creditors, and hlS creditors shall cause them to be prepared according to the best of the1r informa de ire to obtain a discharge under this act. tion, and file the same. Upon such filing, in either case, or upon the orde& of the "He shall annex to, or file with, his petition a schedule containing a full and court, the first meeting shall be called, and further proceedings shall be had as true statement of all his debts and liabilities, exhibiting, as far as possible, the in cases of voluntary bankruptcy. The costs and counsel fees of involuntary name and residence of each creditor, and if unknown the fact to be so stated; proceedings which have proceeded to adjudication may be paid out of then ;oct the nature, amount, and consideration of each debt and liability, and where con to an amount not exceeding S200, if the court shall so order. tracted, and of any mortgage, pledge, lien, charge, collateral, or. other security giving for the payment of the same. "FIRST MEETING-CHOICE AND QUALIFICATION OF TB'G TEES. "He shall in like manner annex or file an inventory containing an accurate '\SEc. 38. That at the first meeting of creditors the commissioner shall declare statement and description of all his estate assignable under thls act and of the the notices published and given~ and if they are insufficient the commi ;;Joner cash value thereof, and of all incumbrances thereon, and of all which he claims shall adjourn the meeting and .tne defects of notice hall be supplied. ·when as cxCJnpt. . due notice has been given the meeting shall be held and the creditors mav prov~ "The schedule and inventory shall be Yerified by the oath of the petitioner. their debts and choose one or more trustees of the estate of the debior, th~ "SEc. 33. That the filing of such a petition as last aforesaid shall be an act of choice to be made by the greater part in value nod not less than one-third in bankruptcy, and shall be prima facie evidence of the petitioner's indebtedness number, of the creditors voting; but creditors s~ not vote upon privileged or to the requisite amount, and of his inability to pay; and upon the filing thereof, contingent debts, nor shall a creditor who has received a preference prove or the clerk of the court, or one of the commissioners, shall, under the directions vote on any debt unless he shall surrender his preference to the comJDissioner of the judge, special or general, adjndg l:tf;h petHioqer tq ~ {ll]ank:rupt, de ig- for the use of the trtlfjtee, por Jmy secured creditor unless he shall in like man- 1882. CONGRESSIONAL REOORD~SENATE . 45 .. ner surrender his security, or unless the commissioner shall find that the excess sion, or to have knowledge of anything material whatsoever relating to the assets -of his flebt above his security must be at least a certain sum, in which case be or dealings of the bankrupt, to appear and submit to an examination in like may vote on that amount. The commissioner may, when be finds it practica manner. If the bankrupt's wife fails to attend after due notice, the bankrupt ble, assess unliquidated damages for the purposes of proof at the first meeting shall not be entitled to a. discharge, unless be proves to the satisfaction of the subject to rl7examination after the trustee is appointed. Creditors who sena1 court that he wa-s unable to procure her attendance. their proofs may add thereto a proxy or a vote for trustees and committee of "POWERS, ETC., OF TRUSTEES. direction, to be verified with and as part of their proofs. '!'be commissioner in "SEC. -fi. That a copy of the adjudication and of the record of the trustee's ap bankruptcy shall be ex--officio trustee, and shall in all cases a.ct as such unless the pointment shall be conclusive evidence of his title and powers as to all the mat -creditors shall choose trust~es as aforesaid: Provided, however, That said com ters aforesaidl. and of his right to demand, receive, sue for, and recover the assets, m issioner shall in all cases act as such trustee when the court is satisfied the and to set asiae frauds; and this whether he is chosen at the first meeting, or deb tor's estate does not exceed $1,000. appointed by the judge or commissioner, orfillsa vacancy. As soon as conven '' Szc. 39. That every trustee shall qualify within ten days after his election, or iently may be after the trustee qualifies, the judge or commissioner shall give within s uch further time as the court may order or ~rmit, by giving bond to the United States, in such sum and with such sureties as shall be satisfactory to the him a certificate of his appointment, and such certificate shall likewise be con .court, conditioned for the fait-hful performance of his duties, which shall be filed clusive evidence as afore&lid . with the records of the case, and may be prosecuted from time to time in the "SEC. 48. That the trustee shall have the like remedy to recover all the estate, nam e nnd at the charge of any person injured by a breach oftbe condition thereof; debts, and effects in his own name as the debtor would have had if the decree in joint trustees m ay give joint or several bonds, as they shall elect. If any trustee bankruptcy had not been rendered. If, at the time of the bankruptcy, an action haH fa il so to qualify within the time aforesaid he shall be deemed to have de is pending in the name of the debtor for the recovery of a debt or other thing clin ed the trust. which might or ought to pass to the trustee by the assign111ent, the trust~ shall, if he requires it, be admitted to prosecute the a~tion in his own name, in like "POWERS OF COl:RT IX RESPECT TO TRUSTEES. manner and with like effect as if It had been originallr commenced by him. And "SEc. 40. That the judge may refnse to confirm a trustee, or may add trustees if any suit at law or in equity in which the bankrupt IS n. party defendant is then to tho~e chosen; he may remove a trustee for cause after bearing; he may pun pending which in any way concerns the creditors, the trustee may defend the ish, as for cont~mpt, a trustee who disobeys a lawfclorder of the court; he may same in the same manner and with the like effect as it might have been defended fill all v acancies in the office of trustee cansed by death, resigna.tion, or other by the bankrupt, a.nd shall be entitled to the benefit of every remedy, lien, or wi e, if he finds that the vacancy needs to be filled. The commissioner may ap estoppel, legal or equitable, which any creditor having a claim provable against point a trustee when there is a failure to elect one, or a refusal toaccepttbetrust, the estate would have been entitled to if proceedings in bankruptcy bad not in -and no written objection is made to his exercising this pow~·. tervened, and which would otherwise have been destroyed by the bankruptcy. '' COMlliTTEE OF DffiECTIO"S. "SEC. 49. That no suit pending in the name of the trustee shall be abated by his death or removal, but upon the motion of the sur>iving or remaining or new "SEc. 41. That the creditors1 at the first meeting, may, if they please, by a vote trustee, a.s the case may be, he shall be admitted to prosecute the s•tit in like such as is required for the choice of a trustee, elect a committee of three persons manner and with like effect as if it had been originally commenced by him. whether creditors or not, subject to theal?pro>al of the court, who shall be called "SEC. 50. That no person shall be entitled, as against the trustee, to withhold the committee of direction whose duty It shall be to advise the trustee in the from him possession of any books of account of the bankrupt. disposal ofthe a set , the a~ionofdebts,payment of claims having priority, "SEC. 51. That the trust-ee shall immediately give notice of his appointment, by declaration of dividend;>, and the settlement of the estate in all respects with a. publication, at least once a week for three successive weeks, in such newspa~r Yiew to the best int~ests of the creditors; and all sales made, suits brought, or or newspapers as shall be designated by the court, due regard being bad to their -acts done by him in good faith, with their written consent, or that of the major general circulation in the district, or in that part of t.he district in which the part of them, shall be,prim{lfa~ie , deemed expedient and proper; suits at law or bankrupt and his creditors shall reside, and shall, within six months cause the in equity brought by a trustee without such consent shall be, prima. facie, deemed certificate of his appointment to be recorded in every registry of de;is or other improper ; but all such acts shall be subject to the supervision, control, and direc office within the United States where a conveyance of any lands owned by the tion of the court. In case of a neglect or failure to elect such a committee, the bankrupt ought by law to be recorded. com·t may, at any time, appoint one, if found expedient upon the application of "SEC. 52. That the trustee shall, a.s soon as may be after receiving any money not less than one-third in value of the creditors whose debts have been proved. belonging to the estat~, deposit the same in some bank in his name as trustee. "SEC. 42. That no action or advice, nor the failure to act or ad~, on the part ' SEc. 53. That when it a.ppears that the distribution of the estate may be de of the committee of direction, shall affect the title or ri~ht of any one dealing layed by litigation or other cause, the court may direct the temporary investment with or sued by the trustee, nor shall it be given in eVIdence excepting in the of the money belonging to such estate in securities to be approved by the judge court oil bankruptcy and when the conduct or fees of the trustee or the settle or 09mmissioner, or may authorize it to be deposited in any convenient l>a.Ek, ment of the estate U! in question therein. upon such interest, not exceeding the legal rate, as the bank may contract with ''TITLE TESTED IN TRl>STEES. the trustee to pay thereon. "SEc. 43. That when a trustee has been duly appointed and qualified, there shall "SEc. M. That the trustee, under the direction of the court, may subm.it any "·est in him, for the purposes of this IWt, all the property and estate of every kind, controversy arising in the settlement of the estate to the determination of arbi -except as hereafter provided, which the bankrupt had at the commencement of tratorst to ~e chosen by him and the other party to the controversy, a.nd under the proceedings~ including eYerything of value which he could then by any such directnm may compound and settle any such controversy, by agreement means have sola, assigned, or con>eyed, or which might have been taken on with the other party, as he thinks proper and most for the interest of the creditors. execution upon any judgment against him; all his interest in any patents, patent "SEc. 55. That the judge may, in his discretion, for cause shown, and upon :rights1 or copyrights; all rights in action arising from contract, or from the un notice and bearing, direct the receiver or trustee to take possession of the prop •lawfuJ taking or detention of or injury to his pro~rty; all powers which he erty a.nd ca:uy on the business of the debtor1 or any part thereof, under the direc might have exercised for his own benefit; all books, deeds, or writings relating tion of the judge, when inhisjul!gmentthe mterestofthe estate as well as of the ·to the abo>e-mentioned property; all property conveyed by him in fraud of his credit<>rs will be promoted thereby, for a period not exceeding twelve months ·creditors; and the trustee shall have the right to avoid any transfer which the from the date of the order: PrO'Vided, That such order shall not be made until judgment creditors or other creditors of the bankrupt, or any of them, might, by the judge shall be satisfied that it is approve!} by a majority in value of the cred any way or means, have avoided, and this whether judgments have been obtained itors. When a composition is offered before the appointment of a trustee, the or not; and the e tate in his hands shall not be subject to any liens, charges, or judge may make such order in respect to the continuance of the business by the incumbrances which, for want of record or otherwise, would not then have been debtor, with or without supervision, or by a receiver, as shall seem to him expe- valid as ~aainst the creditors of the bankrupt or any of them; and every a.ttach dient and for the interest of a.ll part1es. ' ment, levy, seizure, garni hment, charge, or lien existing upon the pro~rty of "SEC. 56. That upless otherwise ordered by the court or the committee of the bankrupt, by virtue of any judgment, process, or proceeding agamst him by direction, the trustee shall sell the pro~rty, whether real or personal, a.t public any creditor or creditors, at law or in equity, entered, levied, or laid within three auction, in such parts or parcels, and at such times and places, as shall be best months before the bankruptcy; such ~riod to be reckoned as herein provided calculated to produce the greatest amount with the least expense. .All notices in relation to Mts of bankruptcy, shall be dissolved by such adjudication and of public sales under this act, by a.ny trustee or officer of the court, shall be pub appointment, and the money or property in the hands of any officer arising from lished once a.. week, for three consecutive weeks, in the newspaper or news such levy or seizure, before payment to the creditor, shall be the pro~rty of the papers to be d~gnated by the cGurt which, in his opinion, shall be best calcu trustee: Provided, That all the lawful and tp.xable costs a.nd charges of the cred lated to give·general notice of the sale; and ten days prior to any sale the trus itor a.nd officer in respect to any such levy, lien, attachment, judgment, or seiz tee shall mail a notice thereof to each creditor of the time and place of sale. ure, or of the suit~ which it was levied or laid, incurred in good faith, shall be And the judge, on the application of any party in int~rest, shall have complete a first lien upon the property atlected thereby; and the court of bankruptcy shall su~rvisory power over sales by trustees, including the power to 'Set aside the have power to ascertain the amount of such co t,sand charges, and to order their same and to order a resale, so that the property sold shall realize the largest payment out of such property, before or after the trustee shall be put in posses suni. And the court may, in its discretion, order any real estate of the bank -sion thereof, as shall seem roo t just and expedient. rupt, or any part thereof, to be sold for one-fourth cash at the time of sale, and the residue within twelve months, in such installments and bearing such inter "EXEMPTED PROPERTY-ALLOWANCES TO BM:•XRUPTS. est as the court may dire«t, and secured by proper mortgage or lien upon the "&!:c. 44. That there shall be excepted and exempted out of the property men pro~rty so sold. tioned in the preceding section, and shall be set apart by the court of bankruptcy, "SEC. 57. That it shall be the duty of every trustee to keep a regular account for the use of the bankrupt, the necessary and proper wearing apparel of the of all moneys received or expended by him as such trustee, to which account bankrupt, and that of his wife and chilrlten; his uniform, arms, and equipment every creditor shall, at reasonable times, have free access. as a. soldier in the sen;ce, past or present, of the Army of the United St.ates or "SEc. 58. That whenever it appears to the satisfacnon of the judge that the ·the militia; such othe r property as is or may be exempted from attachment, title to any portion of an estate, real orpersona.l, which has come into possession seizure, or levy by the law of the Unit-ed States; and such other as was so ex of the trustee, is in dispute, the judge may, upon the petition of the trustee an. d empted by the laws of the State in which said bankruptcy proceedings are insti after such notice t<> the claimant, his agent or attorney, as the judge shall aeem1 ·tuted at the time when the same were begun. And the court may allow the reasonable, order it to be sold under the direction of the trustee, who shall hold bankrupt a. sum of money, not exceeding $500, for his support pending the pro the funds received in place of the estate disposed of; and the proceeds of the ceedings, if his circumstances require it. sale shall be considered the measure of the value of the property in any suit or "He shall also be allowed reasonable wages for services rendered his estate at controversy between the parties in any court. But this provision shall not pre ·the request of his trust-ee, and the usual fees for his attendance as a witness vent the recovery of the property from the possession of the trustee by any ·when required to attend for his own examination, or in any other matter ex proper action commenced at any time before the court orders the sale. cepting at hearings on the question of his discharge. "SEc. 59. That no suit, either at law orin equity, shall be maintainable in any - "Dl>TIES OF BA1\""KRUPT. court, between a trustee in bankruptcy and a person claiming an adverse inter est, touching any property or rights of property transferable to orvest~d in such " SEc. 45. That the bankrupt shall, at the request of the trustee and at the ex trustee unless brought within four years from time when the cause of action pense of the estate, make and execute any instruments, deeds, and writings accrued for such trustee. This provision shall not in any case revive a right of which may be pro~r to enable the trustee to possess himself fully of all the action barred at the time when a trustee is appointed; but the time wlilicb. elapses : assets ve been recoverable thereon at that dat~, or with a rebate of interest "Upon cause shown by affidayit, the court may summon the wife of the bank upon such as were not then payable and do not bear interest by the terms of the -rupt, or any person suspected of ha V"ing any assets of the bankrupt in his pos... as hereinafter provided; nil demands for or on account of any goods or chattels "SEC. 68. That if the proof is satisfactory to the commissioner, it shall be de wrongly taken, converted, or withheld by the bankrupt, to the amount of their clared admitted, and the commissioner shall keep the names of creditor who -value with interest; all unliquidated damages arising out of any contract or have proved their claims, the time of each proof, and the amount and nature of promise,1 absolute or contingent, express or implied, whether the breach is before the debt, in a book or in li ts, which shall be open to the inspection of nll the or after the bankruptcy, the amount of nil such demands and damages, and of creditors. .After the first meeting no proof shall be admitted until the trustee all equitable debts, to be assessed in such mode as the court shall direct; all tax has had an opportunity to examine it. The commissioner sh.'\ll send copies of able costs incurred in good faith by a creditor before the bankruptcy, in an action his lists to the clerk from time to time. The court may require or receiYe further t<~ recover a provable debt, may be added to the proof thereof; all costs then tax pertinent evidence either for or against the admission of any debt. . able against a plaintiff who shall become bankrupt upon a cause of action which "SEc. 69. That the court may suspend the proof of any debt offered nt the if would pass to the trustee, and which the trustee declines to prosecute after no first meeting it entertains doubts of its validity, or may admit it1 for the pur tice. If judgment is obtained upon a provable debt pending the proceedings, and poses of the meeting, at le s than the amount claimed, if the dou~t a.ffects the before the bankrupt's discharge, the debt and costs to the time of bankruptcy amount only. may be proved as if no judgment had been obtained. If the bankrupt shall be "REVISION OF PROOFS • . bound as drawer, indorser, surety, bail, or guarantor upon any bill, note, bond, "SEc. 70. That the court may, on the application of the trustee, or of any cred specialty, or contract~ ~r for the debt of another, the C[editor may prove the same itor, or of the bankrupt, or without any application, examine upon onth the at any time after the liability shall become fixed and before the final dividend bankrupt, or any person tendering or who has made proof of a claim, and may shall be declared. In all cases of contingent debts, demands, and liabilities con summon any person capable of giving evidence concerning such proof, or con tracted by the bankrupt, and not herein otherwise prov;ided for, the creditor may cerning the debt sought to be proved, and may reject, modify, or expunge all make claim therefor and have his claim allowed, with the right to share in the claims and proofs according to the justice of the case. dividends, ifthe contingency shall happen before the order for the final dividend; "SEc. 71. That any one aggrieved by the action of the commissioner allowing, or he may apply to the court, seasonably before such final order, to have the disallowing1 or expunging a debt offered for proof, or any part thereof, may, in value of the debt or liability ascertained and liquidated, which shall then be done his application to the judge for a review of such action, demand a trial by jury, in such manner as the court shall direct; and he may prove for the amount so if the claim is one which would between solvent parties be triable in that mode; ascertained. If the court shall find such debt or liability incnpable of >aluation, and if he shall not demand a. jury, the other party may do so at the time of en a decree to that effect shall be entered upon the record. . tering his appearance. Such trial by jury shall be had in the circuit or di'!trict Debts falling due at stated periods shall be apportioned up to the time of the court, whichever has, or will soonest have, a jury in attendance; if in the dis bankruptcy, and proof be made for the proportionate part thereof. trict court, all rulings of law may be reviewed byt.he circuit court by writ of error ''LEASES-BENTS. if the sum in dispute exceeds $500. If a trial by jury is not demanded as afore said, or if the claim is of an equitable nature, the trial shall be by the di t.rict "SEc. 61. That the bankrupt shall not be entitled to the benefits nor be bound judge, and his decision may be1·eviewed by the circuit court under its uper>isory by the covenants or engagements of any lease held by him at the time of his power. The decision of the circuit court in any case shall be final. bnnkruptcy, but such le.ase shall be deemed to be surrendered so far as he is per "SEc. 72. That all creditors who e debts are duly proved ~nd allowed shall be sonally concerned. The trustee may decline the lease at any time, notwith entitled to share in the bankrupt's property and estate pro rata except as pro standing that he may have endeavored to sell the same, or have exercised acts vided in the following section. of ownership in respect thereto : Provided, That the landlord or any creditor may, in writing', require him to elect, within twenty days after such notice, ''DEBTS HAVDG PRIORITY. whether to accept or decline the same; and the failure to accept within such "SEc. 73. That the following claims shall have priority and be first paid in full time shall be deemed a declination. When a lease is declined, t-he landlord may in their order : have any damages be shall suffer thereby assessed, as the court shall direct, and "First. The 1 per cent. upon the gro s assets above $500 for the use of the Uni }R'Ove the amount as a debt in the bankruptcy. Such declination shall not affect ted States as provided in section 21; any right of the trustee to deal with fixtures belonging to the bankrupt. "Second. The costs and charges of the proceedings, including the entry fee of too when not paid by the bankrupt, and all costs duly charged against the assets. '' PBEFEBBED CREDITORS. "Third. Debts, taxes, and as essments due to the United States which have been proved. '' SEC. 62. Thab'IUly person who, after the passage of this act, has accepted a ''Fourth. Debts, taxes and assessments made under the laws of the State where preference, having reasonable cause to believe that the same was made or given the proceedings are pen~g, and debts due such State, when by the laws thereof by the debtor contrary to any provisions thereof, shall not prove any debt or such debts have priority against insolvent debtors. cla.im against the estate of the debtor, nor receive any dividend therefrom, until "Fifth. Wages due any workman, clerk, or servant of the bankrupt for labor ,there shall be surrendered or recovered, and actually paid or delivered to or for performed within six months before the bankruptcy, not exceeding $50. the use of the trastees, all property, money, benefit, or advantage received by "Sixth. Debts due to any person 'who by the laws of the United States is enti him or for his benefit. under such preference, and the costs of suit, if any, brought tled to priority. .And nothing in this act contained shall interfere with the as by the trustees for the recove.ry thereof. sessment and collection of taxes by the authority of the United States or of any '' S"CRETIES. State. "SEC. 74. That the court may at anytime after the adjudication, order pay "SEc. 63. That any person liable as bail, surety, guarantor, or otherwise for the ment, in whole or in part, of privileged1 debts, according to their rank, without bankrupt, who shall have paid the debt, or any part thereof, in discharge of the formal declaration of a dividend. whole, shall be entitled to prove such debt, or to stand in the place of the creditor 11ACOOUNTS OF TRUSTEES. if the creditor has proved the same, although such payments shall have been made after the proceedings in bankruptcy were begun. And any person so liable "SEc. 75. That immediately on the expiration of three months from the time for the bankrUpt, and who has not paid the whole of such debt, but is still liable of his appointment, or earlier if practicable, the trustee shall fl.le in the clerk's for the same, or any' part thereof, may, if the creditor fails or omits to prove such office an account of his receipts and payments, and a statement of the situation debt, prove the same in the name of the creditor, if known, if not, in his own of the estate, and a list of all debts proved since the first meeting, with the name, and the court shall take care that the dividend is so paid a to diminish the names and residences of the creditors. He shall, at the same time, file a dupli original debt. cate of the account and statement with the commissioner. "SECURED CBEDITOBS. "Thereupon a second meeting of creditors shall be called, if the court thinks it expedient to call one, or if the trustee or any creditor requests it, at which the "SEc. 64. That a secured creditor shall prove only for the exces of the debt account shall be examined by the creditors and be passed upon by the commis- afterdeductingthe value of his security, to be ascertained by agreement between ioner; and debts which have been proved may be re-examined, after notice to him and the trustee, or by a sale or appraisement thereof, to be made in such the proving creditor, as heretofore provided. Such meeting shall be notified by manner as the court shall direct; or the creditor may surrender such property to the commissioner to all known creditors, with a. summary statement of the mat the commissioner or trustee, and be admitted to prove his whole debt. If the ters to be considered thereat. value of the property exceeds the sum for which it is so held as security, the "If a meeting is not asked for or thought necessary, a hearing shall b had trustee may release to the creditor the bankrupt's right of redemption therein upon the said account, of which notice shall be given, by publication or other on receiving such excess, or he may sell the property ubject to the claim of the wise, or without notice, as the court shan order. creditor thereon; and, in either case, the trustee and creditor, respectively, shall " imilar proceedings shall be had at the end of every six months until the executealldeedsandwritingsnecessaryorpropertocon ummatethetran action. e tate is fully settled. . · If the property is not so sold, valued, appraised, or surrendered, the creditor "SEc. 76. That the trustee hall be allowed, from the assets in hi hand , all his shall not be allowed nor required to prove any part of his debt·. If, however, necessary disbursements, and such reasonn.ble compensation for his Bel'\'ice , such creditor shall have sold the pro~ in good faith, in accordance with the having regard to the circumstances of the case, as shall be allowed by the com terms of his contract, he may be admitted as a creditor for the excess of his debt, mittee of direction, or, if there be no committee, by a majority in >alue of the after giving credit for what he has received, and so much more, if anything, as creditors, and, in default of such allowance, by the commissioner, not exceeding he would have received if a sale or valuation had been made in accordance with the rate of compensation allowedforsimilarservicesbytheprobatecour of the this act. State in which the .proceedings are pending; and the allowance shall, in all "SEC. 65. That when the bankrupt, at the time of adjudication, is liable upon any bill of exchange, promissory note, or other obligation, in respect of distinct ~f::~t~~~~!e~e~!e~:C:~~:e~~f~tjsut;~~~d~e :IY~~~~~onh~lt~: . contracts, as a member of two or more firms carrying on separate and distinct made by the judge. trades, and having distinct estates to be wound up in bankruptcy, or as a sole "DIVIDE~"DS. trade1· and also as a member of a firm, tl!.e circumstance that such firms are in "SEc. 77. That whenever, after the ~ttlement of any trustee's account, there whole or in part composed of the same individuals, or that the sole contractor are funds applicable to adividend, thecourtshallorderadividend to be declared, is also one of the joint contractors, shall not prevent proof and receipt of divi reserving, however, sufficient funds to meet aJ1 claims which, by reason of their dend in respect of such di tinct contracts against the tates re pecth·ely liable nature or the distant residence of the creditor, or other sufficient reason, have upon such contracts. not been approved or allowed: Provided, That a final settlement of the estate ''sET-oFF. shall not be delayed for the proof of contingent liabilities which the creditor has "SEc. 66. That in nll c:tses of mutual debts or mutual credits bet-.seen the par not required the court to value unless the court shall make a special order to ties, the account between them shan be stated and one debt set off against the that effect. · No dividend alre~y declared and paid shall be disturbed by reason otherl n.nd the balance only shall be allowed or paid; but no set-off shall be al of debts being afterward proved, but the creditors proving such debts shall be lowea in favor of any debtor to the bankrupt of a claim in its nature not prova entitled to dividends equal to those already received by the other creditors before ble against the estate, or of a claim purchased by or transferred to him after the anr, other payment is made to the latter. filing of the petition, or within three months before such filing, if purchased with ' The com.Inissioner shall prepare a dividend sheet, in duplicate, and file one '\view to such set-off, and with knowled~e or notice that the future bankrupt is copy thereof in court, and shall notify and pay the creditor!'!, or cause them to insolvent or hns committed nn ~~oct of bmu....-ruptcy. be paid, in such mode as the court shall order. "PBOOF OF DEBTS. "UNCLAIMED DivmENDs. "SEc. 67. That debts 6tfered for proof must be verified by a statement in "SEc. 78. That dividends which remain unclaimed for six months after th ·writing, under oath, aH.d signed by the deponent, setting forth the demand, the final dividend has been declared hall be then paid by the trustee into the registry consitleration thereof, whether any and what securities are held therefor, and of the court, and the court shall take aJ1 reasonable means to cause their pay whether any and what payments have been made thereon, and that the sum ment to the creditors entitled thereto; and dividends remaining unclaimed. in claimed is justly due from the bankrupt to· the claimant. Such oath shall be the registry for the space of six years shall be paid into the Treasury of the made by the claimant, if he can testify of his own knowledge, unles heisab ent nited States. from the United States or prevented by some other good cause from testifying! "PREFEBEKCES AND FRAUDS ON THE ACT. in which case, or if he has not persoil!ll knowledge, the demand may be verifiea "SEC. 79. '£hat. any debtor who, being insolvent or in contemplation of iasolv by the attorney or authorized agent of the claimant having such knowledge, ency or bankruptcy, shall procure any part of his property to be taken, attached, or testifying to the best of his knowledge, information and belief, and setting or sequestered on legal process, or shall, directly or indirectly, assist in the re forth hismeans of knowledge. The statement shall be delivered or sent by mail covery of any judgment against him, or make any payment or transfer of his to the commissioner. property with a view to prefer any creditor or person having any claim against 1882. · CONGRESSIONAL RECORD- SENATE. 47 him or who is under any liability for him, shall be deemed to have made a fraud ceived if he had proved the same, or had taken part in the compositio1;1 proceed ulen't preference; and if the same shall have been made within six months before in~ as the case may be. the debtor's bankruptcy, and the person receiving such preference or to be ben ' :::!EC. 87. That no discharge shall releaseordischargeanyperson liable for the efited thereby, or his agent acting therein, shall have reasonable cause to believe same debt for or with the bankrupt as partnet, joint contractor, indorser, surety, that a fraud on this act was intended, the preference shall be voidable by the or otherwise. 11 trustee, who may recover the propert-r, or its value, from such creditor or oth~r REVIEW OF DISCHARGE. person: Provided, That when a creditor has been preferred and afterward m "SEO. 88. That the order granting a discharge may be reviewed and annulled good faith gives the debtor further credit, without securit-y of any kind, for moner. by the judge in bankruptcy of the same court, within two years after it passed, or goods which are used in the debtor's busine51>, the amount of such new cre~t upon the written application of any creditor or creditors whose debts, amount remaining unpaid at the bankruptcy may pe deducted from the amount which ing to not less than $2.50, would be barred tkereby, upon due notice and hearing would otherwise be recoverable from the preferred creditor. and satisfactory evidence that such order was obtained by fraud or perjury, or •• If any such debtor as aforesaid, within the period aforesaid., shall do any of that the bankrupt failed to surrender all his unexempt. property, or influenced the th.Wgs above mentioned with intent to prevent the propert-y dealt with or the action of any creditor in respect to said discharge or to a composition by any affected from coming to his trustee in bankruptcy, or to defeat, delay, impair, payment or promise contrary to law, and that such fraud, :perjury, or illegal act binder, or evade the operation of this act, the person dealing with such debtor was not known to said creditors in season to be availed of m opposition to such or any one acting for snell person, having reasonable cause to believe that a fraud discharge, unless it was in fact put in issue and tried in good faith, upon the ob on this act was intended, the trustee may recover the property or its value from jection of other creditors, before the discharge. such person. "The fact that a transfer was not made in the ordinary course of the debtor's "NEW PROMISE. business shall be .prim.a facie eviden~ of fraud on his part arid of a reasonable cause of belief thereof by the other part-y. "SEc. 89. That every promise, covenant, undertaking, and security giTen by "The period of six months shall be reckoned in the same manner as is herein any bankrupt, whether before or after his discharge, to pay a provable debt, or provided in respect to acts of bankruptcy. any part thereof, notwithstanding his discharge, shall be void, unless some new "If a debtor shall directly or indirectly, pay money or transfer property to an and valuable consideration is given therefor, and the same is put in writing and attorney at law for the1 services to be rendered him in bankruptcy beyond a rea signed by the part-y making said promiiJe, or ~ duly authoriZed agent. sonable retainer, and thereafter becomes bankrupt, such payment shall be a pref ' ' PARTNERS. erence, and the trustee may recover the amount by summary process. "SEC. 90. That when two or more persons residing and owing debts, as afore "PROTECTION OF BANKRUPT. said, who are or have been partners in trade, become insolvent before the final settlement of their joint affairs, they, or any two or more of them, may be jointly ''SEe. so. That no creditor whose debt will be released by the bankrupt's dis adjudged bankrupt upon the petition of said partners, or any of them, due notice <:harge shall be allowed to prosecute to final judgment an;y suit at lj.w or in being first given to such as do not join in the petition; and upon evidence that equit-y therefor against the bankrupt until the question of his discharge shall any of said respondents are not insolvent, the petition shall, as to him or them, have been determined; and any such suit or proceedings shall, upon the appli be dismissed. cation of the bankrupt, be stayed to await the determination of the court of "And such partners, or any two or more of them who shall have committed bankruptcy on the question of the dischar~: Pl'ot:ided, That there is no unrea acts of bankruptcy, may be jointly adjudged bankupt, upon the petition of sonable delay on the part of the bankrupt m endeavoring to obtain it: .And pro creditors and proceedings thereon as hereinbefore provided for individual vided also, That if the amount due the creditor is in dispute, the suit, by leave of debtors. the court in bankruptcy, may proceed to judgment for the purpose of ascertain "Such petition, in either case, may be brought in any district where a petition ing the amount due, which amount may be proved in bankruptcy, but execu by or against either of the partners might be brought; and the court shall have tion shall be stayed until the time aforesaid. If the suit is by a secured creditor power to cause notice to be served on such as are without the district in such to realize his security, the COUJ"t of bankruptcy may allow it to proceed for that mode as it deems best; and thecourlin which the first petition is filed shall have purpose if the interest of the general creditors will not be injuriously affected exclusive jurisdiction of the case, unless the judge of said court shall decide that thereby. one of the other districts will be more advantageous and convenient for the "SEc. 81. That no bankrupt shall be liable, during the pendency of the pro parties interested, in which case the court of the latter district shall have the ceedings in bankruptcy, to arrest in any civil action unless the same is founded conduct of the proceedings. This rule -ehall apply to ibdividual debtors pro on some debt or clatm from w bich his discharge in bankruptcy would not release ceeded against in more than one district as well as to partnerships. him. · "SEo. 91. That o.U the creditors of the firm, and the several creditors of each " DISCHARGE. partner, may prove their respective debts. The trustee shall be chosen by the "~Ec. 82. That the bankrupt may, not less than two nor more than six months JOint creditors; and all the joint and separate property shall vest in him upon his after the adjudication, apply to the court for a discharge from his debts: Pl'ovided, qualification. He shall keep separate accounts of the joint estate and of the separ however, That if he shall apply for his discharge earlier than six months, prima rateestateofeachpartner,andafterdeductingoutofthewboleamountreceivedby facie showing of any act that would, if proved, bar his discharge. or the objec the trustee the whole of the· expenses and disbursements, the net proceeds of the tion of one-fourth in amount of his creditors, or the objection of the committee joint stock shall be appropriated to pay the creditors of the copartnexship, and of direction or the trustee, shall suspend his application to the end of six months the net proceeds of the separate estate ofeach partner shall be appropriated to pay after the adjudication. A hearing on the application shall be had by the judge, if his separate creditors. This rule shall be followed though there should be no convenient, and if not by the commissioner, after notice by mail to all known joint assets and no solvent partner. If there is any surplus of the se~n.rate estate creditors, and by publication1 in one or more newspapers as the court may direct. of any partner aft-er the payment of his separate debts, with interest to the time "SEC. 83. That it shall be a valid objection to the bankrupt's discharge that he of payment, such surplus shall be added to the joint stock for the payment of has done anything which is made criminal by this act, or has given a preference the joint creditors; and if there is any surplus of the joint stock after payment or preferences as hereinbefore defined under an assignment for creditors, or other of the joint debts, with like interest, the same shall be appropriated to and divided wise, which have not been surrendered; or shall have made at any time a trans among the separate estates of the several partners according to their respective fer of his property, which any creditor who has proved his debt in the proceed right and interest therein, and shall be applied to the payment of their separate ings might at the time of the bankruptcy have impeached as fraudulent if he had debts, respectively. The certificate of discharge shall be ~ranted or refused to then been a. judgment creditor, lmless such property shall have been surrendered each partner as the same would or ought to be if the proceedmgs bad been against to the trustee; or, being a trader whose annual transactions exceed $5,000, he him alone. In all other respects the proceedings by or against partners shall be has failed to keep proper books of account or that he bas without valid excuse conducted in the like manner as if they had been commenced and prosecuted failed to obey any order of the court; or if1 he has within one year before his by or against one person alone. bankruptcy knowingly made any false and fraudulent statement to any person "SEC. 92. That in the case of any debt or liabilit-y arising from a partnership or persons, which statement shall be made in writing and subscribed by said to any member thereof or ofanysuchmembertoanysuchpartnership, the court bankrupt, and made for the purpose of being communicated to the trade or to may ascertain and liqmdate1 the amount justly and equitably due thereon at the those from whom he has sought or obtained credit. The court, or the super date of the bankrupt ings in bankruptcy may have been commenced and be pending against such cor ing t-o the knowled~e thereof, or shall make any payment or give any advantage, poration or company. or the promise of either, to any creditor, with intent to affect the proceedings in ''COMPOSITION. bankrn~tcy or composition, or shall attempt to account for any of his property by fictitious losses or expenses, or shall within the period aforesaid, and in con "SEc. 96. That at any time after a debtor has been adjudged bankrupt, and templation or apprehension aforesaid, obtain on credit from any person any has filed his schedule and inventory, he may file in the clerk's offi<:e.of th~ co~t money, goods, chattels, or other thing of value, with intent not to pay for the . of bankruptcy or with the commissioner a proposal for ~ com~os1t10n With his same; or with intent, by the means thus acquired, to prefer a creditor or commit . creditors. Such proposal shall not be considered unless It.Pr?VIdes fo.r the pay- anyfraudonthisact,ortoincreasehisasset.sin bankruptcy, or shall pledge, pawn, ment in cash of all debts costs and charges entitled to pl'Ionty by thiS act, and or dispose of, otherwise than in the due course of his trade, any ~oods or chattels for a. payment to the ge_rler~ ~edit{)rs, which shli1:1 be ~ash or amply secured, by which he shall have obtained on credit and which remain unpa1dforat the time indorsement or otherwise, m a. mode to be stated m said proposal. of his bankruptcy, he shall be guilty of a misdemeanor, and, upon conviction ''SEc. f/7. That upon the filing of such a proposal the cotU't shal~ oi:der n. hear thereof, shall be punished by imprisonment, with or Without hard labor, for a. ing before the commissioner ~P of a~c?unts !ln!l otb~r writ agent, proxy, or attorney who shall knowingly offer or use the same; any ings and papers of the debtor which can be of use m deC1dmg·sa1d Issue, mclud creditor of a bankrupt who shall knowingly receive any money or thing of ing copies of his schedule and inventory, and the same shall be open at all value, or the promise of any, as a consideration for any act or forbea.rance to act ·reasonable times to the examination of the creditors and of any agent, account in respect to the choice of a trustee, or the acceptance of a composition, or the ant attorney or committee duly a-cting for the credit{)rs, or any of them. The discharge of a banl...-rupt, shall be guilty of a misdemeanor, and, on conviction debtor may be examined before the hearing or at any time before the final con thereof, shall be punished by fine not exceeding $2,000, or imprisonment not firmation of the composition, by special order of the court, in the same manner exceeding two years, or by both. as ban.1.."TTlpts are examined. "SEC. 104 .. That any person who shall knowingly and corruptly make any falso "SEc. 98. That at the hearing the debtor shall be personally prese~t,, and may oath in or in relation to any proceedings in bankruptcy shall be deemed to have be examined by any creditor, and shall be examined by the commiSSIOner and committed perjury. trustee, concerning all matters pertinent t{) the issue. . ''SEc. 105. That if any trustee shall fraudulently and corruptly either embezzle, "All other pertinent evidence may be given; and the debtor may, at any trme appropriate to his own use~., spend, or transfer any of the assets in his charge to before the hearing is closed, offer a ~tten modification of his propo~l J!lOre the injury of the credit-ors, ne shall be guilty of a misdemeanor, and, upon con favorable to the creditors than that or1gmally proposed, but not one which IS, or viction thereof, shall be fined not more than $5,000, or imprisoned not more than can be, less favorable; and such modified proposal shall thenceforwru·d be con two fears, or both. sidered the proposaL "SEc. 106. That when any debtor domiciled abroad shall be adjudged bank "SEc. 99. That after the evidence is closed the bearing shall be adjourned for rupt at the place of his domicile, having property within the UnitedStatesatthe not less than two nor more than four weeks, unless the court shall, for cause, en time of such adjudication, he or his creditor or creditors to the amount of $250 large the time; and if, at or before the adjourned bearing, the debtor shall file may apply by petition t-o the district judge of the district where said property or with the commissioner the writt~ assent to said proposal, signed by at least a any part of it is found to have such person adjudged bankrupt. With the peti majority in number and value of all his known creditors, provided the pa~ent tion shall be filed a certified copy of the proceedings in the foreign court of bank t{) the general creditors be not less than fifty cents on the dollar, and proVIded ruptcy. Upon the filing of such petition, and upon such notice as the judge shall the payment be of a less sum then signed by at least three-fourths in number and order, and due hearing, such debt{)r, if found to be bankrupt abroad, may be ad value, the same shall be forthwith reported to the judge in the mode before judged a bankrupt; and ~hereupon the judge shall appoint a trustee or trustees of provided in respect f{) hearings, together with the opinion of the commissioner his estate, whoshallqualifyasin thisactprovidedfordomestictrustees; and there thereon, with a. list of all known creditors and the amount due to.~ch. No as shall thereupon vest in him and them the property of such bankrupt within the sent and no special power of attorney or proxy, for any composi.tion, shall be United States as fully as if he were a resident bankru~t, and with a similar dis sign~d by any creditor before the first hearing. -.All debts set out in the bank solution of attachment and other judicial liens; and srmilar proceedings shall be rupt's schedule shall be considered to be due for the amounts and to the extent taken in respect to proof of debts and the settlement of the estate as are herein that they would be provable in bankruptcy, unless they shall be impea ELIZA DU~KE. "The report of the Committee on ~Iililtl.l'Y Affairs upon the bill of the claim ant introduced into the Forty-third Congres · (H. R. 1340} fully state the fact in The joint re:;olution (S. Re . 44) autl1orizing the payment of a por this ease, which are as foUows: tion of the Virginius indemllity fund to the mother of General "'\V. A. " ' On or about the 1st of January, 1869, claimant wa in peaceable po. . ion C. Ryan was considered a in Committee of the "'\Vb.ole. of a certain hou e, which he had erected in Mohave City near Camp Mohave, in the Territory of Arizona. The land upon which his house W!l."l ('rc·cled was The joint resolution was reported from the Committee on Foreign not within the limits of the reservation, nor wa it in any way withheld from Relations with an amendment, to strike out, after ''1873," in line 8, settlement or occupation. On or. about the dale alJovc mentioned, to wit, Janu the words ''to which she would be entitled on account of the death of ary 1, 1869, the military·reserva.tion at Ioha~·e was extended so as to embrace her son if the citizenship of the said General Ryan were clearly estab within it limits the house of claimant as well as tho. of mndry other ciliz n . "• In conformit.y with General Orders No. 6~, headqmu-ters of the Army. Au lished·' so as to make the joint resolution read: gust 16, 1869, these citizens, including claimant·, W('re, on or about the 20th day Resolved, &r., Tbnt the Secretary of State be, and be is hereby, authorized Rnd of December,1869, dispossessed of their buHdiugl:!, nnd have not <~in N· been al directed to puy to ?t!rs. Eliza Dunne, the mother of General 'V. A. C. Ryan, the lowed the use or possession thereof. pro r a ta. of the indemnity fund paid by the Government of Spain on account of ' ''l'he claims for damages by reason of b in~ expelled from their home were the murder of the officers and crew of the steamer Virginius at Santiago de Cuba, submitted t<> a board of officers convened by proper authority, Augu t 16, 1870. November 4, 1873. ·• • This board considered and allowed damages to all the other claimanl.8 ex cept C. A. Luke. Regarding this claim the board say, ''it was not colli!idered, Mr. COCKRELL. Is there a report with the joint resolution? as the claimant was remov-ed from the reservation of Camp }\!ohave prior to the 1882. CONGRESSIONAL RECORD-SENATE. 51 promulgation of General Orders No. 62, 1869, for a Yiolation of post orders in recmds of the District of Columbia was considered a.~ in Committee of selling liquor by the bottle to enlisted men of the command." the Whole. "'This alleged fact is denied by the sworn tatement of claimant and cveml other sworn witnesses. The bill was reported from the Committee on the Di'3trict of Colum "• But- whether this allegation be true or fal.sc, cannot materially affect the bia "With an amendment, to strike out all after the enacting clau.-;e and justice of this claim. The Judge-.A.d'\"ocate-Gencral, to whom this case wa re inert: ferred by the Secretary of,Va.r, says: "• "Neither thefacttha.tthispartysoldliquorcontrary to law, nor the fact that That the tru tees of the lRherwood state are hereby authorized to withdraw he wa for this reason required to leave the reservation, would, pm· se, in the or annul w much of the plat or subdhision of said estate which has been ap opinion of this bureau, affect his right of property in the house for the ,-a]ue of proyed and placed ou tile in the office of the sun·eyor of the District of Columbia which he has made claim. * * * In this ca ·e, indeed, it has never been claimed as relates to squares thereon numbered 7 and 18, an<.l the street between said that the building was forfeited because of the act of the party in selling liquor. quares, and are permitted to resubdivide the said squares, and line8 of 8treet '~ * * The drum seems to tand upon the same basis as the other claims pa~se<.l running through and between the same, and to pln.ce the new subdivision of the wpon by the board, for houses, &c. de troyed or used by the Government in ~o squarel:! aboYe named on file in the office of the surveyor of the District of Colum have City." bia; and upontilingsaid new subdivision thepresentstreetbetweensaidsquare " • The party who built the house makes aftidavit that it cost 1,2-50. 7 and 13 is llerehy Yacated: PI'O-t:i.ded, That if the yested rights of any person or "'Claimant avers that the said building cost him ~ 1,500 in currency, and that person- who hn.ve purchased land in said Isherwood estate from the tn1stees or at the time of hil'l di<~po . session it was reasonably worth that sum. From the their beneficiaries shall be injuriously affected by the change as herein provided, fa{)t the award to all the other claimants were materially reduced below the the said trustee8 shall be liable in damages therefor: An(t provided further, That amount claimed by the boru:d of officers, who were able to wake personal in peo any action for dumages hereunder shall be brought within one year from the dat~ tion of the property, the committee think the sum of "'1,200a ufticient indemnity. Qf the passage of thi · act. " • They therefore recommend that tile bill be amended uy striking out, in line 5, The amendment was agreed to. the words "one thousand five" and in rting in lieu thereof the word ·• twelYe," and as so amended the committee recommend that this bill do pas8.'" The bill was reported to the Senate a amended, and. the amendment Upon these facts th committee r<'pQrt th bill faYorably, and recommend itt:; ·was concurred in. passage. The bill wa. ordcretl toll engrossed for a third :r:eading, read the third The bill wru reported to the. enate without amendment, ordered to time, and p& cl. a third reading, xead the tbil'd time, and pas ed. 8H!PPI~U D;TEREST. . CAPITOL, NORTH 0 TREET A.~""D SOUTH W.A.SHISGTOX RAILWAY. The bill (S. 1-!02) for the relief of hipping was announced as next in The bill (H. R. 2871) to provide forthe extension of the Capitol, North ordel' upon the Calendar. Ostreet and South Washington Rai.lwaywa announced asnextinorder 'Mr. CO~GER. Since that bill wa xeported by the Committee on 11pon the Calendar. Commerce the Senate and llouse have appointed a joint committee to Mr. DAWES. I am obliged to object to that bill. consider the subjed induded in this bill with others. That committee Mr. ROLLINS. Then I move that the enate proce d to the consid have had their sessions and taken te timony and statements upon the eration of the bill. subject. The Senate authorized the printing of those matters a day or Mr. DAWES. I have no objection to the bill being passed over with two since. In view of the fact that some amendments in addition to out losing its place on the Calendar. tho e in the bill will be recommended by the ~ elect committee, I ask Mr. ROLLINS. I do not think there can be any real objection to the that the bill l>e passed over ·withont p1·ejudicc, to be c-.:1lled up at. such bill, and I desire its consideration. It hru been duly considered by the future time as we may desire to call it up. Committee on the District of Columbia, after having been considered by 'l"'he PRE IDL~G OFFICER. The Senator from Michigan asks that the Commissioners of the District of Columbia, who are in favor of its the bill be passed owr without prejudice. There being no objectio11 passage. It is a bill calculated to benefit a laxge proportion of the citi U1a.t order will b made. zens of Washington, and I mo>e that the enate proceecl to its consid )!E:I!PHIS .J..ND LITTLE ROCK RAILROAD CO:YPANY. eration. The bill (S. 1147) to release the )Iemphis and Little Rock Railroad Mr. D..A.WE . I do not wish to disparage the merits of the 1Jill by Company ft·om uch of the conditions of the several acts of Congress objecting to it. 1\Iy attention has been called to it within a short time, appwved February 9, 1853, and July 28, 186G, as 1mjustly affect said and I should like to look into it and see what it is. If it is of such corporation was n~-rt in order on the Calendar. transcendent merit as the Senator from New Hampshire suggests, and Mr. McJ\fiLL.AN. Is there a report accompanying the bill? the Senate hould be willing to have it I'emain upon the Calendar with lli. GA.RLAi~D. There is a report. out lo ing its place, the Senator will oblige me. The PRESIDING OFFICER The report ~-·ill be read. Ur. ROLLINS. The Senator fxom New HampsbiTe ha not spoken The Acting Secretary began to read the report submitt~d by ~u·. of any transcendent merit in the bill. He simply suggested that it is JoNAS, from the Committee on Railroads, .A.pril28, 1882. a bill of some importance, and one in which a large pmportion of the Mr. :UclVIILLAJ.~. It will take a long time to read that report I people of the District of Columbia have considerable interest. It has think the bill had better go over until it can be e....xamined. It is a been upon the Calendar for a long period, and the Senator from Massa- matter of great importance, proposing a grant of lands to this mil:road husetts has had ample time to consider it, to look at it, to examine company ~ lieu of lands not found within the rnilroad limits, I believe. it. It is ve1-y imple indeed. In one moment' time he can see all I think it had bettel' go over. that it accomplishes if it is passed. Mr. GARLAND. The matter I will tate to the Senator from Min Ur. DAWES. That is true, probably; but, nevertheless, I have not nesota, is very ~imple, but still I have no objections to the bill going had the opportunity to see it, not having had my attention called to it over. before. But if the Senator from New Ramp biTe insists upon it, and Mr. McMILLAN. I merely want to see what it is. the Senate should say that it is not worth while to let a Senator look :Mr. GARLAND. There have been resolutions placed upon the Cal into a bill which he takes an interest in, the Senate will say so. I had endar on this ubject, and it has been passed upon at least three different supposed that if I asked to have the bill informally passed o>er the times, once by the Department and once by a committee of this body Senator would be ·willing to let me have that opportunity. approvingly; but we never had a bill so that we could act upon it before. :Ur. ROLLINS. Allow me to a k the Senator from Ma sachu ett I should like to have the bill retain its place on the Calendar. if by to-morrow he will be ready to consider this important bill? Mr. McMILLAN. I have no objection to that course, because I Mr. DAWES. I shall not press myself upon the Senator. I do not merely want to see what the bill is. know that I have the slightest objection to the bill, but I should like The PRESIDING OFFICER. The bill goes over without prejudice. to see what the bill is. I have an objection to cutting up the streets of this city unnecessarily with railroads. This may not be one of those CHEROK.F..E CENTRAL RAILROAD CO~P-\.~'Y. measures. I must say I have a prejudice against doing that-, and it was The bill (S. 1573) to incorporate t-he Cherokee Central Railroad a.nd for that reason, upon looking at this bill, that I thought I should like Telegraph Company, and for other pmposes, was announced as next in to examine into it. I do not ask that it lo e its place on the Calendar. order upon the Calendar. :Ur. ROLLINS. I ha>e no objection to the bill going over until to 1\Ir. HA.WLEY. I do not recall the nature of the bill precisely. I morrow, if that will be ufficient time for the enator from Massachu do not see tb.e Senator from Kentucky [:l\Ir. WILLIAMS] here, who sett.'3 to inquire into it. reported the bill. Mr. DAWES. So :fur as I am concerned myself, I ·hull be entirely Mr. BECK. I was about to ask that the bill go over without preju satisfied. dice, because of the absence of my colleague [Mr. WILLIAMS], who Mr. ROLLINS. Very well, then; without lo inO' its place on the Cal reported the bill. He will be here in a day or two. endar I will consent to its going over until t~mo~w morning, and I :Mr. HAWLEY. I was going to suggest the same course. trust the Senator from Uassachu..."Ctts will impm>e hiP time by inquir The PRESIDL~G OFFICER. There being no objection, the bill wi11 ing into it. go over without prejudice, retaining its ,place on the Calendar. Mr. DAWES. I hope that the intexest of tho. e whom the Senator ROBERT STODART WYLD. from New Hampshire represent with such zeal will not u:ffer by a delay of twenty-four hours. If they do, I shall try to do something which The bill (S. 561) for the relief of Robert Stodart 'Vyld was considered will reciprocate the kindness of the Senator from New Ramp biTe. us in Committee of the Whole. It propo es to direct the Secretary of The PRESIDING OFFICER. The bill will.gooverwithoutprejudice. the Treasury to 1·edeem United States coupon bonds numbered 10492 , 104929, 104930, and 104,931, for $1,000 each, act of March 3, 1865! THE ISHERWOOD ESTATE. dated November 1, 1865, with interest thereon from May 1, 1876, to The bill (S. 1342) authorizing the trustee of the Isherwood estate to June10, 1877; and also coupon bondnmnbel'edll5270, for$1,000, oftbe :m1end a certain plan of subdivision of said estate recorded in the land same act and date, with interest thereon from May 1, 1876, to June 15 52 OONGltESSIONAL RECORD- SENATE. DECEMBER 6, J 77, in fitYor of Robert .~tou:nt \Yyld, who daims to haYc been the "ldth two good and sufficient urelies, resideut of the United State , to be ap prov<'d by the Secretary of the 'l'rensnry, with condition to indemnify and save owner tllereof on th61 29th of September, 1876, at. which time it is al harmles.'i the "Gnited States from any claim upon such destroyed or defaced bond. leged they were ..,tolen from him, and who further claimJ· that they • EC. 3i0-!. Whenever it is proved to theSecretnry of the Treasury by clearaml were aften,ru·d destroyed by the thieves, upon Wyld furniJ hing to tho Rati.qfactory <'vidence, that any duly regi tered bond of the United State bear ing intere t, issued for Yaluable c·on ideration in pursuance of law, hns been lo t TI·ea~uxy D<'parlmcnt a lJond of indemnitj, with ~ood and sufficient or de troyed, so thnt the same is not held by any peTS<>nashi own prope:-ty, the Rureti~ .·nbject to the approval of tho., ecretary of the Treasury to ~ccretary shall llisuc u. duplicate of such registered bond, of like amount, and secure the United • tates against Jo.., or llnmage in con cquence of the hearing 1ik interc.t and markcfl in the likemuuner a.." the bond so proved to be redemption of the honds. lost or de tro~· ed. Mr. COCK JrELL. · Is thcr a. report in that ca c'? I Rhouldlike to Thus we find that there j,_ ample proYision mad in the lc w ibr ~i.u hear it read. if th('H' iK Tlle principle i'3 invohed in a lm·ge number pei ons who ba'c bad bond" lot or d troyeu. I remember that the of ca es. distinguished Senator from Ycrmont who made thi.;; 1·eport some yean; The PREl IDI ~G OFFICER Ther i a report -which"illbcread. ago ~nade a report adwTRely to a ca e not exactly lik this but in'olv Tlte Principal Le.gislative Clerk read the follomnrr report, ubmitted ingthe ameprinciple. I remember that there was from tire Committee by Mr. lORRILL 1ay 2, 1 ~: on Claims a report made ad¥crsely on an application for the payment or Tllc Committee on Fimmcc, to ,..,.hom was n·fcrreu the bill (S. 001) fm the relief bonds which were alleged to ha'e been destroyed; and I remember in of Robert 'todart 'Vyld, submitted the following report: that report di tinctly that the officers of the Treasury Department, and This hi un applkatiou of Robert Stodart Wyld for the redemption of nited I believe the Senator from Ohio [1Hr. SHEIDtAN] was then the Seen> Rtate <'Oupon bond No . 10-!9'>..8, l(}o19!!9, l Mr. SHERMA_.~. The theftwa · clem·lyestablished, because not only the te1·ms ofthis contract, aecordingto the con tructionput upon it by these bonds but many other bonds of corporations were taken, and the the Senatol'from Vermont, the money is not absolutely dueunti11885, oorporations have been satisfied of the loHS and ha>e indemnified Mr. and probably then the Comt of Claims would deny the ordinaryl'emedy Wyld's estate. As a matter of course if these bonds were to full into and would not apply the ordinary principles applying between primt the hands of innocent holders now, they coulu not be paid. 'l'hey would persons. not be in the same condition as if they had not been calle ferred to the Committee on Claims, and the Committee on Claims Te- have not been able to get it yet. Ha the Senator from Vermont the ferred it to the Secretary of the Treasury, now the distinguished Sena- last public debt statement? tor from Ohio and he wrote a letter from the Treasury Department of 1\lr. MORRILL. I ha-ve it at home; not he1·e. date January 10, 1880, giving the facts as 1..-nown to the Department. Ir. COCKRELL. If I had the la t public debt tatement, or any In this communication, after stating the facts in the case, he say : public debt statement, I could how that ther are between three and From the past experience of this Department it is not deemed ad·d~bl~ or five miniollB of matured obligations of the United States which have compatible with the interest of the Government to encourage further legislation been called in, and the holders required to pre ent them at the Treasury !'elating to the redemption of mi ing coupon bonds. for payment, and which have not been paid. I say to Congress, when This is signed by ''John Shermall:, Secretary. '' He was then Sec- you begin to pass bills for the payment of this kind of securities you are 1·etary of the Treasury and the guardian of the Treasury. He is now offering a, premium and a reward for dishonesty and corruption and t\ Senator from Ohio. fraud and peijury on the part of employe of the Treasury Department Mr. SHERM.A.t.'{. I will only say that I was then no doubt acting and men who may combine -nith them on the outside to :find the num under the rigid and strict pi'O,isions of that law which has been I'ead ber ·, the dates, and the amount· of these matured obligntiollS of the and which is always enforced. There is always danger, I know, .in ~e United States which ha>e been called in and then have some party on redemption of bonds alleged to have been lost or destroyed; but m this the outside to take these dates, numbers, series, &c., and present forged case where the proof was clear, satisfactory at least, even satisfactory proofs of loss and destruction. If you can give relief in this case, and to the First Comptroller, who passed upon and yet thought it was not do gi>e it, you will simply be opening the door to all those cases, and within the language of the law, I think we should be justified as Sen- they amount to millions of dollai'S. ators in doing what we regard as right as between man and man.. We This party held these bonds of choice. If he had wanted perfect pro may well do for this man what any court and what my honorable fr1.end tection be would ha>e taken registered bonds. Having coupon bonds, from Vermont would do in :flwor of him as against :my corporation in he held them just as he held a greenback note in his pocket. He took the United States. I should not like to see the Senate of the United all ri ks, and there is no injustice, there is no inequity or inequality States apply a rule which no corporation in th~ coll?-try wo~d dare or di'3honesty on the part of the United States in refusing to pay such apply in the case oflo -t bonds. 'Ve became satisfied m comnnttee, on obligations. examining this matter a a committee, that these bonds were lost, that 1\lr. EDMUNDS. Until they are judicially proved in a suit. they belonged to Mr. Wyld, a non-resident of this cotmtry, far removed, :Mr. COCKRELL. Until the proof comes within the requirements who is now dead. The proof ·was made out clearly. The only defect of the statute, and I am opposed to extending the proof in this case by in the proof was that one of the witnesses -n·as a comict and the other peciallegislation. If we want different relief from what the statute was his wife. gives, let it be by general legislation. Mr. EDMUNDS. That i it did not satisfy the Secretary of the :1\Ir. BAYARD. bfr. President, this ca e i not so peculiar. At the Treasury under the law. · last ession we passed an act allowing bonds to be issued to the admin.is- 1\lr. SHERMAN. It did not come within the terms of the law. trator of a man who lost them out in the Senator's own country; some That was the opinion of the Comptrt>ller. I do not know that the Sec- where in Missouri they were stolen from him. The bill pi'Ovides amplA Tetary of the Treasury pa ed upon it. · oourity. Before the bonds can be paid there is to be a bond ofindem- l\ir. COCKRELL. I :find in the report to which I haYe referred a nity executed to the Government. No suspicion is suggested upon the copy of a portion of the annual report of the First Comptroller of the part of the Treasury officers that these bonds a1·e in existence-that TI·easm'Y to the Secretary of the TreasUI'y for the fiscal yero· ending they have not been destroyed-but the language of the gene1·al act is .June 30, 1879, when the distinguished Senator from Ohio was still Sec- such that any officer would be >ery careful how he executes it. It l'etary of the Treasury and its guardian, and this wa the report of his says the proof shall be clear and unequivocal A Trea ury official may subordinate officer. Under the heading of " Lost and destroyed bonds, ' well hesitate before he will pay a lost bond upon his own responsibility. after quoting the sectiollS of the statute which I have read, the First He may say, "This proof may be wry reasonable, it may carry moral Comptroller uses this language: conviction, but I cannot call it clear and unequivocal, and therefore I Applications for duplica_tes, or for the redemption of such bonds, are referr.ed, will throw the matter over to Congrel . '' So this case came here, and under regulations prescnbed by the Secretary of the Treasury, to the First the Committee on Finance, of which I am a member, antl I remember Comptt·oller, to be decided upon by him. ll · · h this ..~- · d 't Th ~ d tl.. · t It will be perceived that bonds payable to bearer come within the terms of this very we concUITIDg Wit repOI l 1 examme 1 . ey .10UD u<'l. Htatute· and the practice has been to i ue duplicates for, or to redeem, bonds of there was proof which to them was entirelysati factory. You may call this ch~ra.cter alleged to have been de troyed, upon evidence furnished by affi- it "clea,r und tmequi-vocal," or what you please; it satisfied them that davits taken before certain prescribed officers of the United States. The re- . demption of such bonds and the issuing of duplicates lm>e always been refused they are warranted in recommending Congress to pass a special act for until after the lapse of six months from the filing of an application ; but e>en the issue of duplicates of these bonds protided a bond of sufficient with this precaution tl}e statute is fraught with gt•eat danger t? the Treasury. indemnity shall be executed to secure the United States. In practice it ha.s been found that in fully half the cases where eVldence has been . . ~ h hi h · · b d oftered to establish the fact of destruction the bonds have not. been destroyed, After all, if we wait in this life J.Or t at w c IS certam cyon any but have passed either by theft or collusion into the hands of other holders. doubt at all, I am afi:aid that justice would never be performed one way " ' hen a bond of this kind is lost or stolen, the owner who has been depri>ed of or the other. it is apt soon to persuade himself that it has been uestroyed, as only in case of The "'"Se IS. ., reasonable """"', a perfi tly sa<-.:--"actory case for the ac- its having been destroyed can he entertain reasonable hope of ever receh·ing ~ ... """"'- ~ ~Jbli payment. · tion of Congress, taking due regard for the intel'ests of the public, which Instances also have occurred of persons offering most impressive evidence of is that before these bonds go out there shall be a proper bond of in- the d~truction of bonds alleged to have been owned by them, who, sub equent. I e >ents have shown had no title to them whatever. Great vigilance has been demnity filed in the Treasury office. There is no occa ion for fear, pract.iced by the Tr~asury by the invocation, even when verr slight doubt has believe, on this subject, because there will be always indemnity in case been.excited of the aid of the secret-service division; but. it Is belie·ved that no there should be any possible mistake,· and not only indemnity, but there vigilance ca~ be sufficient to guard against the ingenious methods by wh_ich ft'8.udulent applications may occasionally be made successful: If no rad1cal is also the further protection of the liability to ptmishment of the~par chauge is made in the existing statute authority ought at least to be gh·en tore- ties who should he connected with any attempt at fraud growing out of quire more than two sureties to the bond of indemnity. Indeed, in cases as well these fact . of registered bonds as bonds payable to bearer, this authority ought to be con- Therefore, t\it.h all due respect to my friend from Missouri, whose ferred. The distinguished Senator from Ohio when Secretary of the Treasury diligence and care for the public interests I entirely appreciate, I can wasl through his able and efficient subordinates calling upon Congres assure him and assme the Senate that in the judgment ofthe Commit for restrictive legislation to prevent the practice1 of frauds upon the tee on Finance, I believe unanimously, there is no danger of loss to Treasury in this very matter of bonds. I read fi·om this report further: the Government by passing the present bill. The Government issues two classes of bonds, one a coupon bond, payable to The PRESIDING OFFICER. The question is on the amendment bearer and transferable by delivery fl'Om person to person, just as United States of the Senator from Vermont [:Mr. EDMUNDS] 1 which will be read. notes greenbacks pass by delh·ery, and the other a registered bond, trans- The ACTING SECRETARY. In line 23 after the word "a,' 1 it is ~r 1 femble only by regular assignment, registered on the books of the Trea W'Y moved to insert ''sufficient;'' and after the word ''indemnity,' 1 in .nw;~~u~!· 3i06 the Secr«;tar.Y of the Treasury i. authori~ed to i. sue registered the same line, to insert "to the United States;" so a to read: bond in exchange for, or m h eu of, !illY coupon bon~s. whtch have been, or m.ay Upon the said Robert Stoddart Wyld furnishing to the Treasury Department · be lawfully issued. Holders of Uruted States sectmhes must be charged " ·,th a ufficient bond of indemnity to the United State . notice of existing laws in regard to such securities, and their rights aud remedies under such laws in case of loss or destruction, in whole or in part. J\1r. :MORRILL. No objection. 'l'hey have their choice to hold coupon or regi tered bonds, and the right to The amendment was agreed to. _ exchange coupon for 1·egistered bonds. The Go,·ernment cannot be held to be The PRESIDING OFFICER. The next amendment of the Senator an insurer against thefts, burglaries,lo or destruction of United States bonds, any more or to any greater extent than of United States note . It has provided fi·om Vermont [1\-fr. EDl\IUND ] will be read. remedies in cases of destruction, wholly or in part, and of defacement. It has The ACTP-\G SECRETARY. It is proposed to add to the bill: not been the policy of the Go>ernment to provide a remedy in <.-ase of a mere . Th '" f 'd b d h bee ted ~ loss by theft burilary, or otherwise. Your committee do not believe it would Pror:1d.ed, at u any o sa1. on s or coupons !I've !1- presen or pny- he wise or Politic to do so. From the lett-ers of the Secretary of the Treasury I m ent thJs act shall not authonze the payment herem provtded for. it does not appear ~bat Rpplication in this ca.r;;e has been made to the Trea ury The runendment was agreed to. Department for rehef. The bill wa t·eported to the Senate a amended and the amendmentfl ~Ir. Pre~ident, I think that the action of the Senate in confirming that were concurred in. 1·eport of the Committee on Claims in that case ought to be followed in The bill was ordered to be engro ed for a third reading, read the third the pi·~nt ca e. I haYe sent for the last public debt tatement, but time, and passed. 1882. CONGRESSIONAL RECORD- HOUSE. EXECUTIY.E SF..SSIOS. 69·10) to amend an act entitled "An art to proride for the ~ttlementof all out tanding c·laims an·ain. t the Distrk-t of Columbia and conferrino :Mr. CA:UERON, of Pennsyl>ania. I moYe that the enate"'proceed j urisdictio~ on the Comt of Claim, to bear the same, and for other pur~ to the consideration of executive business. The motion was agreed to; and the Senate proceeded to the considera pose.<;·" -n'luch wa. reml a :fhst and second time refened to the Com mittee on th Di">i:.rict of Columbia, and ordexed to be printed. tion of executive busine...c;;s. Aftex 8 minutes spent in executive session the doors were reopened and (at 4 o'clock 1'· m.} the enateadjourned. '.AL'T J:'RASCr XA\IF.R'=-< CATHEDRAL, \~~CEl\~ES, IXDIA....,A. l\Ir. 90BB, b.r unanimous con ent, introduced a bill (TI. R. 69-11) to authonze the pa tor anu members of.the Catholiccon!!l'e!mtionof'Saint Francis X~ni.e~' ~at~edral, a~ Vincennes, Indiana to tnport free of duty certam oil-parntings; wh1ch -was read a first and second time re HOUSE OF REPRESE~TATIVES. ferred to the Committee on Way and Me..'UlS, and o1·dered to be pri.n'ted. WEDNESDAY DecembeT G, 1882. II. B. WTLSOX. 'The House met at 1·) o'clock m. Prayer by the Chaplain, ReY. ~IT. SE\IONT~N by unanimous consent, introduced a bill (II. R. 6942) for the relief of H. B. Wilson, administratox of the estate of Will F. D. PowEn. iam Tinder, deceased; which was xead a first and second time referred The Journal ofye terday proceedings wa read and approved. to the Committee on Claim , and ordered to be printed. ' ADDITIOS AL l\1E)!BE:RS. WIDOW 01'' lllAJOR-GEXERAL \YARREX. The following additional members appeared: Mr. DuGRo, 11Ir. LADD, Mr. W ADS~ORTTI, bJ: unanimous ~nsent, introdu~ed a bHl (H. :Mr. BERRY", :Mr. MORSE, Mr. HATCH, l\h. BLANCHARD, lli. KKOTT, blr. FARWELL of illinois l\fr. RCSSELL, Mx. HARRIS of New Jersey, R. 6943) granting .a pensiOn to the Widow of the late Major-Genro:al G. K. Warren; which was read a first and econd time refened to the Mr. TU KER, l\lr. TIOGE and :Mr. VAN VOORHI . Committee on lnYalid Pensions, and ordered to be printed. POSTA.GE 0~ FIR T-CLASS MATTER. CHARLES C. WHITESIDE. :M:r. ASWELL by tmanimous consent, submitted the following res Mr. SINGLETON, of illinois, by unanimous consent introduced a olution ; 1vhich wa Tead, considered, and adopted: bill {H. R. 6944) fo:. the relief of Chru:les C. Whiteside; ,;hich was read R&~ol ''ed, That the Committee on Appropriations are hereby authoriz('d to add a clau e to the bill making provision for the postal service which shall reduce a first and second time, refened to the Committee on In>alid Pensions the rate of postage on first-da mail matter from three to two cents for each and ordered to be printed. half ounce or fraction thereof. RIYER .AKD HARBOR WORKS. :Ur. CASWELL moved to reconsidex the Yote by which the resolution l\Ir. TOWNSE~TD, of Ohio. I ask unanimous consent to o:fter for wa adopted ; and also moved that the motion to reconsider be laid on present conside:wtion the resolution which I send to the desk. the tabl . The Clerk reaO. as follows: The btter motion was agreed to. .Resolved, That the Secretary of War communicate to this House the names POLITICAL ASSESSMENTS. and character of the "particular objects". referred to in that part of the second annual me~age of the President which discusses appropriations for rivers and 111r. WILLI''. I ask unanimous consent for the present consideration harbors as _likely to need additional appropriations at this session of Congress, of the resolution which I send to the desk. I was absent on ]londay, toget~er w1th !" statement of a~y ?ther works or objects now in course of oon under the ordCl' of the Hou e, and I ask for the consideration of this st:u.ctron needing such appropr1atwns, and the amounts in each case which, in his Judgment, can be profitably expended during the fiscal year ending June30 resolution now. 1884; also whether any and what part of the amount referred to in said mes~ The Clerk read a follows: sage a-s the "present available balance" is covered by existing contracts· also Re.~olccd, That the Committee on Reform in the Civil Service be instructed to w!tat amount of such "present available balance" for rh·er and harbor '~orks inquire and report to the House, as soon a-s practicable, whether at the recent will probably be on hand at the end of the fiscal year ending June 30, 1883. Congressional elect.ion money was raised by assessment or otherwise upon Fed The SPEAKER. Is there objection to the present consideration of ~ral office-hold('rs or employes for election purposes, and if so, by whom and what amount wa. so raised, and how the same was collected and expended; and the resolution which has just been read? further, whethet· such assessments were or not in violation of law. Mr. PAGE. I have just come into the Hall and did not hear the The committee ·hall also inquire whether any Federal office-holder or employe first part of the resolution. has b en di mi,..,ed or threatened with dismissal from employment or depriva tion of any right or privilege by reason of his refusal or neglect to pay any assess Mr. ROBESON. I move that the resolution be referred to the Com ment made upon him at the recent election, or has been otherwise interfered with. mittee on Commerce. Tlmt in pro cuting the e inquiries the committee shall have the right to send Mr. TOWNSEND, of Ohio. I have· no objection to that. for persoruJ and papers. . The resolution was accordingly refened to the Committ~e on Com- ~Ir. KAS 0~. Is that resolution offered for present consideration? merce. The SPEAKER The gentleman from Kentucky ask unanimous W. H. WEA.VER. cons nt for th present consideration of tl1e resolution. Is there objec Mr. TOWNSHEND, of Illinoi , by unanimous consent, introduced a tion? .M:r. KASSOX. I object to the ].)resent consideration of the resolution, bill (H. R. 6945) granting a pension to W. H. Weaver- which was 1·ead but I do not object to it reference. I want to say that the Committee a :first and seconcl time, referred to the Committee on !~valid Pension.~ on Reform in th Civil enice has for the present all the work it can and ordered to be printed. · ' po ibly do. SALE OF W .A TE I'> APER. :Mr. TOWN REND, of IDiuoi. . Objection befug made to the present The SPEAKER laid before the House a communication from the consideration of the resolution, I object to debate. Doorkeeper of the House on the subject of the sale ancl disposition of 1tfr. KASSOX. I am not debating. Let the resolution be-1·eferred wa te paper; which was refen-ed to the Committee on Accounts. and 1·eported lmck to the House. ALASKA.. Ur. WILLI:'. With the understanding that the committee will report back the resolution within the time resolutions of a like char The SP~ also laid before the H?use a ietter fi·om the Secretary acter have to be reported back under the rule-one week-I ha\e no of the Treasury, m response to a resolution of the House of the 4th in objection to it reference. stant, relative to the alleged shelling of two Indian 'illages in Alaska. :Mr. CANNO~. Let the resolution be made to apply to members of by the revenue-cutter Corwin. Congr aJso. Mr. HEWITT, of New York. I ha\e looked over the list of commit tees to ascertain to which committee this communication should prop Mr. WILLI~. I ha\e no objection to that. The SPEAKER. The resolution will be referred to the elect Com el'ly go. I would suggest that it be referred to the Committee on Terri mitt e on Reform in the Civil Sernce. tories. Mr. "-.,.II.. LI. . With the tmderstanding that it wm be reported back The SPEAKER. The ChaiT thinks that a good reference. ·within a. week. l\:U:. HEWITT, of New York. And I trust it will result in o-hing :Mr. CALKI::S, '. With no under tanding. some form of chil government for Ala ka. I ask that the comm~car ~Ir. NEAL. No, sir; with no understanding. tion be printed. )1r. CAL:KIXR. We want not only zeal, but a zeal according to The communication was accordingly referred to the Committee on knowledge. Territories, and ordered to be printed. Mr. KASS0.1. -. The resolution is referred undel' the rule, I uppo e, DISTRffiUTION OF THE PR.ESIDEXT S .AN W.AL MESS.AG:E. which will require us to report it back. Mr. KELLEY, from the Committee on Ways and l\Ieans, reported a Mr. TOWXSHlli~, of Dlinoi!. I hope the committe will not sup resolution providing for the distribution of the President's annual mes pres: the re~olntion. sage, with accompanying documents; which was referred to the Com The PEA KER. The gentleman from Dlinois '[1\.u:. TOWNSHEKD] mittee of the Whole House on the state of the Union. objected to ch·hate. [Laughter.] lli. THO:MPSONl ofKentuch."-y. Should not that resolution be read? '.rhe r<:>l'Olution was refcned to the Select Committee on. Reform in lli. KELLEY. I move that the House now resolve itself into Com the CiYil Seni<.:e. mittee of the Whole for the purpo e of considering the resolution just CL~'\..BI . .AGAI.X. 'T TilE DISTRICT. referred to that committee. 1\lr. ROSECRAXS, by unanimous consent, introduced a bill (H. R. Mr. THO~iPSON. of Kentucky. Should not the resolution be read 56 CONGRESSIONAL RECORD- HOUSE. DECEMBEH 6, ~ore the House is called upon to vote upon the question of its con construction of the aet restricting immigration of laborers from China. sideration? I think that i~ a proper . ubject for the Judiciary Committe . 'l'he SPEAKER. The Chair understands that it is the usual re olu Mr. KELLEY. I moye that the resolution be reported to th House tion for the distribution of the Prcsident'e annual message. with the recommendation that it be adopted. The motion of Mr. KELLEY wa agreed to. MT. HOLMAN. That portion of the message which rclat.es to the The House accordingly resolwd it. elf into Committee of the Whole, grant of public lands to railroad corporations ought to go, it f'eems to lli. POUXD in the chair. me, to the Committee on the Public Lands, and I would tl1erefore moYe The CHAIRMAN. The House i. now in Committee of the Whole to amend the resolution to that effect. for the pu:rpo e of considering the resolution reported from the Commit 1\Ir. KELLEY. That portion of the message which relat~ to the tee on 'Vays and :Means providing for the eli tribution of the President'. fail me of the l::mcl-grant roads to comply "\nth their contracts it is pro a.nnual me' ·age nnd the a companying tlocument. . The resolution will posed to refer to the Committee on the Judiciary; and so much of the be read. me sage rela.ting to public lands not otherwise provided for is r fened The Clerk reau a.· follows: to the Committe on the Public Lands. Re.solt•ed1 That so much oft he anuual me:;,;nl-'"c of the Presiuent and th docu Ur. HOLMAN. Certainly. I refer totbe first 11artofth re olution, ments which acC'Om ny it as relate:> to the p111Jlic debt and tho public re>enues; which proposes to refer the question of the land grants to th Judicia.ry to the national finauces; to the ren•nue provisions of the reciprocity treaty with llfl,waii, and to cmmnercial relations with for ign countries hating com1ection Committee instead of the Committee on the Public Lands. with revenue questions, be refetTed to the Mr. WILLIAl\IS, of Wisconsin. In response to the gentleman from Pennsylvania, I U.esire to say that the two questions are blended neces sarily, and that the whole subject referred to theCommitteeonForeign Affairs lru t ::e.5Sion wru fully argued and considered; that committee is now ready to report on both branches of the subject; and while it does not de.~ire to be tenacious, newrthel Nit doe feel that having consid ered the subject at length, it hould now be permitted by the House to submit its repmt. l\Ir. KELLEY. I U.esire to say aga.in to the committee that the ques tion of confinn.ing the treaty was ent to the Committee on Ways and l\Ieans and was reported by that commi~e, and the debat{} wa con ducted by the late eminent chairman of that commitooe, llon. Ferrumdo -wood which :filet I believe the gentleman from Wi consin will remem ber; and therefore it still occurs to me that in accordance with onr rules that portion which relates to the revenues should go to the Committee on Ways and ~reans and all other pro,isions to the Commitooe on For eign Affairs. Mr. BLOUXT ro r. ifr. WILLL\.l\1 , of 'Vi cousin. One word in response to the gentle man from Pennsylvania. ~Ir. BLOUNT. Am I recognized? l\lr. 'YILL~IS, of Wisconsin. I will take but one moment nml will then yield to the gentlemnn from Georgia.. 1\Ir. BLOUNT. Iamrecognized, then, andwillyielutothegentl m..w from Wisconsin. passage: Mr. WILLIAMS, of Wisconsin. I remember the fact tared by the Among other important subjects which are included within the Secretary's gentleman from Pennsylvania. I examined somewhat C.'\refully at the report, and which will doubtless furnish occasion for Congres ional adion, may last session the .practice in regard to these references an'd found there be mentioned the neglect of the railroad companies to which large grants of had been no regula!· rule in regard to them; that some had been xeferred lnnd were made by the acts of 1862 and 1864 to take title thereto, and their con sequent inequitable exemption from local taxation. to the Committee on Ways and Means and some to the Committee on Commerce and some of the same nature to the Commitooe on Foreign NO\Y if there is anything else in the messaO'e which refers to the land Affairs. I did not find the practice of the llouse settled in any one grant roads I do not now have it under my eye. That pru:agraph refers direction a to the e nrious bills. I now yield to the gentleman from as I understand to just this st.1.oo of things: It i that there m·e certain Georgia (Ur. BLOUNT]. railroads in this country which are entitled under the acts of 1862 and Mr. BLOUNT. l\Ir. Chairman, as already stated by the chairmrut 186-1: to certain large tracts of land, that they hold on to that privilege of the Committee on Foreign A:ffail'S, this subject has been under con to ta.ke them but clo not actually take them, thus escaping taxation. siderati-on by that commitooe fox many weeks during the last session of If I understand it, they hold on to their privilege, keeping the lands Congress. The whole question wa thoroughly canvassed and most away from actual settlers and from actual purchasers while at the same liberally argued by the various parties in interest, among others the time they ret.ciin their right to take them and pay no tax to anybody. consular agents of the IIawaiian Government as well as the repre ent. .and the Committe on Banking and CUrrency inserted. There was no SOLDIER. ASD SAILOR. ' llOME, ERIE, P~"'S 'YL\-A:SIA. separate YOte on that question. There was an elaborate debate; and at the clo e of the debate the order wa made that that su"Qject should go The fixst business upon the Calendar was the bill (II. R. 1440) to au to the Committee on Banking and Cmrency· and the report now under thmize the Government of the United States to accept title to certain .consideration on that ubject is made in deference to what seemed to be lands in the city of Erie, Pennsyhania, and to establish a hom for indigent soldiers and sailm.. · the almo. t unanimou sense of the House; and I trust it will be reaf fumed. I think the gentleman before me [Mr. DIKGLEY] :participated The CHAIRML~ . Th.iJ hill wa under consideration in Jm.mary l::l.':!t, in that debate, and probably has a lively recollection of it. and is unfinished bu ine . · fr. DINGLEY. I desire, Mr. Chairman, to corroborat what the :Mr. HASKELL. This bill i in charge of the o-entJeman from Penn -o-entleman from Pennsylvania has ·aid in reference to thi subject. A sylvania [::\Ir. BAYSE] "-ho is now ab ·ent. I ask consent that it he passed oYer informallY. reference of this question wru made by the HouR to the Committee on The1·e was 110 obj ctiori and it was ordered accorili.J.11Yly. Banking and Cmrency aft~r a lengthy debate and a careful consideration of the whole matter. 'l'he. ubject of gold certificate wns also COlli id GEORGL\ WAR LADT. ered by that committe . Both subjects ru:e now before it, and it seem The ne:\.-t bnsine ·~ on th Calen!lar wa.c;; the bill (ll. R. 110) to refund to me that the decision of the House made with uch unanimity at the to the tate of Georgia certain money e~:pended by said tate for the last session should stand in accordance with the recommendation of the common defense in 1777; reported from the Committee ou Claims by .COmmittee on Way and Means. l\Ir. TTTRXER, of Georgin . 1882. CONGRESSIONAL RECORD- HOUSE. 59' The bill wa read, a follo"'i\"S: due by the State of Georgia to the United States on account of tho direct Be it enacted, &c. That the Se-cretary of the Treasury be, and h e is hereby tau tax levied and apportioned against that State under the act of August thorized and required to pay to the tate of G eorgia, or its lawfully authorued 5, 1 61. The question is presented whether or not this sum should be agent, out of any money in the Treasury not otherwise appropriated, the . urn of $35,555.42; the payment herein directed to be made being for monf'y paid by said paid by the United States directly to the State of Georgia, or whether late for supphes for the troops in 1777, unrler the command of General James it ~hall be allowed a a credit to that State on the amount of direct tax Jackson, engaged in local defem;e for the common cause of Independence, and apportioned against the State under the act of August 5, 1861. which sum was not included in the account of the State of Georgia iu the settle [1\Ir. ment ,~·ith the General Government under the assumption act of li90. Mr. TURNER, of Georgia. Will the gentleman from Indiana HoLMA.c~] permit me to interrupt him? :Ur. IIOL....'\I_o\J..Y I call for the I'eadi.ng of the report accompanying :Mr. HOLMAN. Certainly; if I am labOTing unde~y mistake as to the bill. the nature of this claim, I trust the gentleman will aplain it. The report ''"a read, a follows: Mr. TURNER, of Georgia. I will inform the gentleman that he is The Committee on Claims to whom wa refened the bill (H . R. llO) to r efund to the State of Georgia, certam1 money expended by said State for the common entirely mistaken ; he misconceive the case. This claim never went defense in 1777, have had the same under consideration and submit the following before any other than the Committee on Claims, and ne\er was acted report, ubstantially in the language of the report of the Committee of Claim of upon by any other committee of this Congress. the Forty-fifth Congre , submit-ted by 1\Ir. Joseph J. Davi , of that committee, at the cond session of said Congre : Mr. HOLJ\IAN. This furnishes me the opportunity to ask my friend By an a.ct of Congre passed August 5, 1790, known as the " n · tunption aet," from Georgia [Mr. TUR~ER] what are his views in regard to the appli the United States assumed the payment of the Revolutionary war debts of the cation of the sum of money provided for by this bill to the amount due States incurred in the common defenf than iO, 000 due the . tate of Georoia fo1· certain payments made druing We a1·e standing abrea t, I can ay, with any of them in the cause of our Indian troubl . This wry q tte. tion -n-a. in that case raised by the 1)rogre . \ve are as de>otctl a any of them to the flag of our common Secxetaxy of the Tr a my, and wa eon idered by the Fir~t Comptroller, country. I stand hero a tho representative of a Union-lonng people. a. distinguished citizen of Indiana. its pre ent go>ernor. The question You have made no . uch exception in I"egard to other Southern 'tates, was then debated da after day aml week after week. It wa finally de and why, then, make it to the Sta.te of Georgia. to defea.t a claim which termined that it wa an improper thing to attempt to set oft' a claim has been repeatedly decilled to be just and valid by the unanimous ac due to the 't,'lte with claims again~ t citizeru of the , tate. tion of committe ofthe enate and of the House, a claim, too, which I think, • my colleague [Ur. TuR:s-ER] ha · already said that the was paid in h~·d money out of the trea ruy of the tate of Georgia, a propo ition is too lain to be disputed; and I trustthis Hou. ewill do a claim which the Committee on Claiiru of this House if I am not mis imple aet of ju in the matter of paying this claim. informed, unanin1onsly appro>ed by their recent ....-ote. The CHA..TIU.IAN. If there be no objection thu bill '\ill be lai '- 1882. CONGRESSIONAL RECORD-HOUSE. 61 j1r. HOOKER. If I can l)e recognized, Mr. Chairman, I will yield :Mr. McLANE. Does the gentleman know any case where a motion such time as J.JillY be requll:ed to the gentleman from Georgia. wa entertained in Committee of tbe Whole to close debate? Can be The CIIAIRM-Ll\I. The Chair mil state that there io;; no time to cite any such instance? yield. l\Ir. HASKELL. I know that this motion to trike out the enacting Mr. D~. I do not understand the gentleman from New York as clause of a bill has been frequently moved at this stage. insisting upon the point of order. l\Ir. McL~TE. I a k the gentleman is it not contrary to the Yery Mr. HISCOCK~ I do insist upon the point of order, if the fiyc min- purposes for which a bill goes into Committee of the "\Vhole to stop· utes allowed for discussion haYe expired. debatein the way the gentleman suggests? Weareherefordebate, and The CHAIR31Al'L The time has expll:ed. I know of no motion that can be made here to close debate. The com Mr. HOOKER. I rise to a point of ordeL .As I understand, this mitt-ee can rise and report to the House and have debate clo ed by n. proposition to strike out the enacting clause of the bill. order of the House. The CHAIR:\I.A.....~. It is. Mr. HASKELL. It is because of the fact that no precedent has beei;l Mr. HOOKER. Do I understand that the Chair has ruled upon the established that I am here to urge what I believe to be good parlia question that it is not in order to debate that proposition? I insist, sir, mentary practice, and to secure a precedent by which the Committee of that it. is a. question which is debatable in Committee of the Whole, and the Whole may relie\e itself of an obnoxious bill. The motion has that the gentleman from Georgia is entitled to discuss it, or any other ne\er in my parliamentary e},.rperience, been ruled to be debatable. gen_tleman is entitled who may be recognized for that purpose. It is, The motion to strike out the enacting clause is for the purpose of decapi Mr. Chairman, the most offensiYe form of opposing a bill, and is an ef tating an obnoxious bill and bringing it to a vote. fort to cut off at. the \ery inception of the consideration of the bill any Mr. TUR~TER, of Gem'gia.. I desire to ask the gentleman from Kan action upon it of an affirmati•e character. I think the gentleman from sas a question. There being no previous question in the Committee of Georgia should be permitted to proceed, and under the rule lie undoubt the Whole, is there any motion equivalent to it to cut off debate? edly ha~ the right to proceed, for there is nothing, as I ha\e already l\Ir. HASKELL. I think this motion is equivalent. smted, in the rule which curtails 01" prohibit the right to debate the l\Ir. TURNER, of Georgia:. Then why is not a motion for the pre motion. nons question distinctly allowed in Committee of the Whole? Mr. IIASKELL. That motion, ~11'. Chairman, is made non-debata lli. HASKELL. I think this motion i equi,alent. That is the ble in parliamentary practice beca~e it is the only motion by which nry point I am mging. the House can come to a direct vote so as to conclude the consideration lli. TURNER, of Georgia. Then you think you can do under an of a subject. It is the \ery motion by whlch debate is to be stopped other name that which is expressly denied under the usual form of upon a ubjcct in Committee of the Whole. stopping debate? The CIIAIRUAN. The Chall: undei'Stand.;; this is not debatable l\Ir. HASKELL. I think that is the object of this motion, an4 that under the rule, but -n-ill submit the question to the Committee of the it is the almost uniform parliamentary practice to make use of it when Whole as to whether the committee will or will not sustain the point a large majoricy of the House desires to dispose of a bill. It is thus of order. that triiling matters can be got out of the way. Ur. ROBIKSON', of l\Iassachusetts. Then, Mr. Chairman, ifthisis ::IIESSAGE FRO::II TilE SE:NATE. to be submitted to the committee for a decision, I think we had better consider the matter omewhat in ronnt>ction with the language of the The committee informally rose, and the Speaker resumed the chair. rules. • A message from the Senate, by :Mr. SYMPSON, one of its clerks, in· '.rbere is nothing in the woriling of the rule, as I understand it, formed the House that the Senate had passed bills ofthefollowingtitles; wlrich preclude dt>bate upon the motion to strike out the enacting in which the concurrence of the House was requested: A bill (S. 1704) to amend section 1860 of the Revised Statutes so as c~use. Debate on the motion is undoubtedly in order under the strict not to exclude retired Army officers from holding civil offices in the language of the rule, in the ab ence of any ruling or practice to the con trary, and I am not a-ware that there is any such practice. The motion Territories; and A bill (S. 1725) for the relief of certain settlers on the Duck Valley in itself is equivalent to the motion to lay on the table; lJuttbere being no table in Committee of the Whole that motion would not be in order. Indian reserration, in Nevada. It is in order, of course, that the Committee of the Whole may report GEORGIA WAR CLADIS. a bill back to the lion e with a recommendation that it do lie upon the The Committee of the Whole resumed its session. table, but that motion would b debatable in Committee of the Whole. 1\fr. ROBINSON, of l\Iassachusetts. I do not wish to extend the de It is apparent to me, therefore, that the motion to strike out the enact bate to any length, but merely to remark further that when it is said ing clause is debatable like any other motion. The motion to strike this motion is equivalent to a motion to lay on the table it is apparent Qut the enacting clause is recognized in the rule; and in that clause, that is an error, because the rule to which I alluded, clause 7 of Rule referring to proceedings in Committee of the Whole, it is stated that XXIII, says that this motion if carried shall be considered equivalent to the motion shall ha\e precedence of a motion to amend. Now the the rejection of the bill. That is all; not that that motion is equi,alent motion to amend i debatable. But the rules recognize the precedence to the motion to lay upon the table. I submit that if it had been in of the motion to trike out the enacting clause, and I submit that if it tended the rule should ha\e that meaning it would have been so stated. were in the contemplation of the House, when this rule was adopted, In clause 4 of Rule XVI it is provided of certain ~otions that they that there hould he no debate upon the motion to strike out the shall be decided without debate. The rule names those motions spe enacting clause the language of the rule would lk~\e so provided in cifically, butitdoesnotincludethis one. And we mustapply here the expresa term by declaring that such motion shall be decided "Without familiar principle, ofcourse, that as it is not mentioned it is not included. debate. There being absolute silence upon that point, it eems clear The matter therefore seems to me to be \cry plain. I believe the spirit that it was intended to permit this motion to remain upon the &'l.me of every legislative body is to give within the rules the largest liberty basis as other motions in Committee of the "Whole which are debatable. of debate. I think we are better off when we have debate than when Mr. HASKELL. The motion to strike out the enacting clause of a we cut it off. bill is the only motion in parliamentary p~ctice by which the judg Mr. TUCKER. I do not design to take much part in the discussion ment of the committee can be rendered in tantly upon an obnoxious of questions of order; but I think this in\olves principles that are very bill, and its declaration made apparent that it doe not desire to con important to the House when it is in Committee of the Whole. If the sider it further. If that motion iJ to be debatable then there is no power to cut off debate rest with any gentleman by moYing to strike motion in Committee of the Whole by which an indefinite bebate can out the enacting clause, and if the party in the House that is opposed be discontinued except the motion to rise and leaYe the Calendar ; and to the bill chooses to strike out the enacting clause, it amounts to this, ' hence in parliamentary practice-and I wish I had the authorities at that when we come into Committee of the ·whole to consider a bill the hand, for they are numerous-this motion bas alway been regarded a a majority of the Hou e may stifle the voice of the minority by immedi means of determining a subject., and is a motion designed. ior the pur a.tely moYing to strike out the enacting clause; so that in Committee of pose of bringing the committee to the direct consideration of the que - the W.bole we would be no better off than we are in the House upon tion whether or not it js Teady without debate to destroy tl1e hill and the call of the pretious question. abandon it at once. I remember, and my recollection upon that subject has been con If the motion to strike out the enacting clause is voted down then firmed by other gentlemen, that al:Jout four years ago-and gentlemen debate would continue without limit. But the Chair mil readily see, are here who remember it -very well-when the tariff bill known as the and the committee can see, that the Committee of the Whole ought to Wood tariff bill was befoTe the House, in Committee of the Whole, the have by one motion some power somewhere under some circumstances distinguished gentleman from Ohio, l\Ir. Garfield, moYed to strike out to close the debate by the destruction of an obnoxious bill. E\en if a the enacting clause and the debate upon the bill upon fts merits was large majority of the committee, if all but fiye or six ofthe committee upon that motion to strike out the enacting clause. And the only way were willing to des;troy the bill, unlc · thi: motion be ruled as non-de in which the House stopped or limited debate upon that bill was by the batable a few members might go on nlmost indefinitely with the di'3- committee rising and reporting to the House and the House ordering ~ussion. · I belieYe this ought to be treatNl by the House a. a non-de there should be only a debate of two hoUIS on a side on that appropria bata,ble motion. tion bill. But the idea of stifling debate on that tariff bill by a motion 1ofr. McLANE. l\Iay I ask the gentleman from Kansas a question? to strike out the enacting clause in Committee of the Whole was neYer Mr. HASKELL. Yes, sir. · dreamed of. Debate was only limited by order of the House. • 62 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 6 Ur. HOOKER. I wish to say a word in confirmation of the new Hence it follows, :Ur. Chairman, without saying that the nets of in presented by the gentleman ft'Om Vi.rginia. [Mr. TuCKER]. The gen dividuals in the State can not in any wi e prejudice the right.' of the tleman from Kansas [Mr. HAsKELL] holds that this is a proper motion State itself in its legal capacity. to make in Committee of the Whole while considering a bill. Page . And then, ir, to showthcab nrdity of the propo itiou implied in the 106 of Jefferson'. :Manual lays down this rule: interrogatory of the gentleman and to demonstrate the ·wio.dom of the No previous question can be :put in a committee, nor can this committee ad- decision of the upreme Court and to show its consistency with sound • journ as others may; but if their busine is unfinished, they rise, on a question, common sense, let it be 1·emembe.red that the State of Georgia a that the house is r umed, and the chairman reports that the committee of the whole have, according to order, had under their con ideration such a. matter, and have period of her history to which the gentleman refe.rs consisted of m.:my made progre therein. elements which made up he.r population. There w re her women and It will thus be observed that by the general parliamentaiy law, as children, and her loyal citizens, or Union men; the.r were tho· who laid down in Jefferson's l\Ianual, when you go int.o the Committee of were then lave who arc now citizensofthcState. Will anybody con .the Whole for the purpose of considering a bill, the prenous qu tion, tend that a State so constituted honld be punished for the acts of th which is always in order in the House, and the object, eftect, and pur of her people who engaged in the late war~ You can just ru well con pose of which is to bring the House to a \Ote without debate, is not :fiscatehercourt-honse"andjails1 he.r a ylums and her capitol. in order in Committee of the Whole. I submit to the Chair that no Now, Mr. Chainnan, with this history hefore us it would be trang · such motion is in order in Committee of the Whole as to lay upon the if we ·honld .refuse to pay this reninant of the pTice of our independ table, because there is no table in the Committee of the Whole, nor a ence so oon afte.r the last centennial and before the rook of it· can vote by yeas and nays. But the whole principle upon which the rnle non ha disappeared from the sk-y. Let us be jus after we rejoie no feeling whatever upon the subject· but, sir, upon geneml whatever proposition may be in order before the Committee of the Whole. principles, I am opposed to bringing before this House, at this late day, Therefore the motion ofthe gentleman to trike out the. enacting clau e the embalmed claims of one hundred years ago. It occurr d to me when of the pending bill is under the parliamentary law analogou in theory I made the suggestion to the gentleman ft-om Georgia thn.t there was and in principle to the motion for the p.revious question, the intent and something in the idea that a State although she may have expended object of which is to cut off debate. If the previous question can not money toward the establishment of the Union may have squandered prevail in Committee of the Whole, then by reasoning pari pa n you a, great deal to destroy it; and that when she withdrew frOm the Unlon can not make any motion in Committee of the Whole that will stifle de she relinquished all the claims which she may have had upon tho Fed bate. You must go back into the Honse and report the p.roceedings in eral Government for expenditures previously made. That occurred to Committee of the Whole, and if debate is to be cut off it must be done me as a rea onable pl'Oposition. I have not yet heard anything to sat by order in the House and not by motion in Committee of the Whole. isfy me that it is not a. reasonable proposition. 1\Iy friend from Georgia says that the State did not go out; that it Ur. HOBLITZELL. Mr. Chai.rman, if any such practice p.re·mil~ in the Committee of the Whole as claimed by the gentleman ft·om Kansas wa. the people. Now, lean hardly conceive of such a thing as a State [Mr. HASKELL] it is a pernicious one, and one that would be more hon without people. The gentleman said that the people went out, but that ored by the breach than the obser,ance. I ask the Clerk to read ection the State did not and conld not go out. Now, this is a claim origi 2001, to befoundonpage 774of Cushing' Law andPracticeofLegislati'e nating in 1777. The right of the partie~ now claiming accru.etl in 1777- Assemblies. more than one htmdred years ago. It is prosecuted here for tbe benefit The Clerk read as follows : of people' ho were a part of the people of Georgia, who my friend ad mits did go out, even if the State did not.. Now, I cannot appreciate In committees of the whole the rule that no member shall speak more than once to the same question does not hold; every member may, therefore, if he the po ition my friend takes, that the.re existed a State without people. can obtain the floor, speak as many t.imes as he thinks proper or as may be In my simplicity, my ignorance of our form of government I have been necessary fully to explain his views in reference to the topic under considera led to belieYe that a State wa. a. territory inhabited by people; that it tion; and this constitutes the main difterence between the proceedings of a com mittee and those of the house. It is by means of this facility of speaking that was the government that constituted the tate-not the territory, but the details of a bill or other mea ure are subjected to the most minute and thor the people. If I am coiTect in that view, then the go,ernmen of the ough examination at the least expense of time; for when a member cau speak State went out. I do not insist that I am right about this; it merely only once, he cannot safely omit any argument which he may be called upon to present under any circumstances; but when he is at liberty to speak as many occurred to me a a reasonable suggestion; I made it in good fu.it.h to times as he pleases, he may confine hi remarks to uch point-s only a arise or my friend from Georgia; I made it because I am opposed to and hall are suggested, 'vithout taking up any time with tho e in reference tQ which no Yote against every claim ofthissortft·om whateverquarteritm y come. question is made. Mr. DUN.... ffiLL. I honld like to ask some member of the Commit Mr. HOBLITZELL. I submit that the object und purpo e:' of a com tee on Claims whether this is the unanimous .reportoftbat committee? mittee of the whole is to give full ventilation to the views th..'tt members .Mr. OATES. It is. may entertain upon subjects that are before the committee fo.r consider l\i.r. DUNNELL. That committee ha not been hea.rd upon it by any ation. I think that clause 7 of Rnle XXIII, which has been .referred one of its members. to, makes no limitation upon the power and right of the Committee of l\I.r. BLOUNT. I can answer, although not a member of the Com the Whole to discuss a bill under consideration. I submit that impliedly mittee on Claims, that it is the unanimous report of that committee. every question which is before the Committee of the Whole, and which There have been fi>e uch reports upon this case in the last five Con is not limited by any rnle as to debate, is open to full debate. I do not gresses. think the gentleman from Georgia [M.r. TuRNER] can be takenft·om the l\ir. OATES. I can answer the question of the gentlemn.n from Min floor by the point raised by the gentleman ft·om New York [l\Ir. HI. nesota. I was present when the bill was considered by the Committee COCK). on Claims, and I can tell him that it is the unanimous report of that TheCHAIIDI.A.i~. The Chair, having determined tosubmitthepoint committee. of order to the decision of the Committee of the Whole, "ill now call l\Ir. RAY. I desire to say, l\h·. Chairman, that I have orne recollec for a vote. The gentleman from New York [1\I.r. HiscocK] makes the tion of the investigation of this claim by the Committee on Claims, and point of ord~r that the motion to strike out the enacting clause is not belie>e the committee were unanimously of the opinion that it is a just debatable. one. The evidence upon which the report is based is sub tantially mat The question wa taken, and the point of order was not ·ustained by tel' of record; so that, although the claim bears the ma.rks of antiquity the committee. as has been suggested by my friend from New York [Mr. nr ~ cocx:], The CHAIRMA....~. The gentleman from Geo.rgia [1\I.r. TCR:XER] is still the committee had no doubt that the evidence, the truth of which entitled to the floor. has not been assailed, was conclusi>e in favor of it allowance as de ~Ir. TUR~TER, of Georgia. I was endeavoring to reply as best I tailed in the report, and which has been q_uite accurately tatoo on th"U could to the inquiry propounded by the honorable gentleman ft·om Illi floor by my colleague on that committee Ll\l.r. TURNER]. nois [Mr. S:rsGLETON] to my colleague [l\Ir. SPEER]. lli interroga Now, sir, I shall neve.r vote to reject a claim agairu t th United tory implied that the act of the people of Georgia in going into the late States in favor of any State or individual which I belieYe to be j 11! t ood war operated as a forfeiture of this claim of the tate against the Gen- honest, and which ha been fully proved, becau e it i. .UO'O' ted that ral Government. the statute of limitations ought to be interpo cd agairu tits pal_lnent. The inquiry confuses the distinction which the court haYe aheady This GoYernment is too great, too just, and too beneficent to take ad made, a distinction which the gentleman ft·om Illinois him.: elf wonld Yantage of a creditor and refns to pay an honest debt on , uch plea.. make if he had ta.ken time to reflect before he propounded the question. Until some evidence is adduced to contradict the fu.cts tatcd in tile It has been ettled by the highest tribunal of this country that a State report or to show that the premi: es upon which .it is founded ar erro can not commit trea on or rebellion. neous, I shall be nrpri.'led to ee thi-; claim defeated here. I refer the honorable gentleman to the historic case of Texas against "Why, si.r, if the claim be just it ought to have beetl paid long ao-o when White, n. C<'l.Se settled and decided by the Supreme Com't of the United first demanded, a:nd the k'l.Ct that its payment has been o long delayed States, with whi hI ha>e no doubt the gentleman is entirely familia.r. i discreditable to the Go>ernmentra.tber than a . ound objcctionagainst That ca...,--e not only ettles the principle which I have tated but it it present allowance. declare.g from that high bench the further principle of law that 'the The reasons which often justify a plea of the statute of limitatioll.! UniW. tate iJ an indestructible union of indestructible States. ' between parties in courta of law are not necessarily applical)le to a clAim 1882. CONGRESSIONAL· RECORD- HOUSE. 63 of this charaeter. There was and is no statute of limitations barring in this manner. If Congr proposes to take any action of this kind, this c1'lim of the State of Georgia against the General Government. If its action should be to open the door, to stlikc down the barriers against the State had been allowed to maintain a suit in the Court of Claims or them e1·ected by the fathers, and allow all of the accounts of the citizens before some other legal tribunal, and a certain time given in which to and of the States against the General Government to be opened and prosecute and it had failed to do so, then such a claim would be and considered by Congre ·. ought to be barred; and I should ordinarily object torelieTingtheclaim Mr. BLOUNT. Mr. Chairman, the gentleman who has just taken ant from the rcsul t of such negligence. I would object to special legis his scat rai esanobjectiontothepaymentofthisclaim becauseitshould lation the purpose of which was merely to defeat the operation of the ha\e been presented in the year 1791, or by that time. The answer to tatute of limitations. his objection is simply this, that that statute is not all that the Federal But the ca e supposed is not the one before the House. The State of Government has pa ed upon the subject. Other act~ are upon the Georgia ha had no opportunity to present this claim before any legal statute-books with l'eference to it. That act to which he 1·efers was tribunal. All that Georgia. could do was to come before Congress and satisfactory at the time of it passage and was ample for its then present pray for reimbru ement. T1lls it has done repeatedly during the past requirements. But from that time down to this, and as late as 1859 twenty-five years. The Senate Committee on Revolutionary Claims in by this mode of payment the Federal Government has been liquid..-:tting the Forty-third Congress made favorable repmt upon it, and say: claims of a similar character. I have lmown some of these claims paid This claim was not embraced in the settlement made between the United since I have been a member of Congress; and the objection that my • tates and the 'tate of Georgia, because at the time it was not acknowledged by friend makes is not as to whether we ought to pay or not, but simply, Georgia, and was only afterward established in a clear and satisfactory manner as I understand him, to the mode of payment. niter n. full and exhaustive examination. Soon after the payment of her bonds, as described, the State of Georgia. pre Now, :Mr. Chairman, we are not proposing t<> pay this claim under ~nted her claim to Congres . The Committee on Revolutionary Claims at the that aet of 1790. Will this House be gratified, under a consideration first session of the Thirty-sixth Congress reported a bill for the payment of the nmount but Congress adjourned without acting upon it, and the war inten-en of that sort, to defeat a just claim? The only question to be presented in~ the State of Georgia IS again presenting herself and asking reimbursement. here is, is it a just claim? It is true, and we are familiar with many Your committee are unable to see any good reason why the United States of these claims which have been paid, that they have been similar to should not pay this debt. It was "\'-alid against the State of Georgia; it has been paid by her, and i already covered by the spirit of the law of August 5, 1790. this. But what are the facts in connection with this, and why was it Your committee think the United States should pay the principal of the debt not sooner presented? It was not presented in 1791 because the State claimed, but not the interest, and t.bey report the bill referred to them back to of Georgia. at that time, or when the claim was presented, refused to the Senate with an amendment, and, recommend it passage. accept it and refused payment. The State litigated the claim, and Congr is not asked to pay interest on the amount of the ·claim pending this litigation George Trezevant married a. daughter of one of since January 1, 1858, the time when it accrued in favor of Georgia, these claimants and went to England where he resided for ome years. but merely to reimburse the State for what it actually expended in In the then state of public feeling against the British Government liquidating the cost of supplies furnished to a body of Continental sol there was no disposition on the part of the people to pay this citizen· diers at Savannah while the war of the Revolution was pending. Con and in consequence the claim was delayed for many years. Finally gress has reimbursed other States in like cases. I do not care whether Georgia appointed three eminent men to consider the claim when th<' they are States in the North or the South, the East or the West. It war passions had subsided, who examined all the fhcts in connection eems to me, unless there is a suggestion that the report of the commit with it; and they unanimously reported in fuvorofits payment. They tee is based on some mistake or error of fact touching the merits of the reported that every instinct of right and justice should compel its pay claim, this House ought to .sustain the action of the committee. ment. In pursuance of that action of its special com.mission the State ~Ir. IIAM~IOND, of Georgia. Let me ask the gentleman from New of Georgia issued its bonds in fuvor of. the claimants, and when the bonds Hamp hire a question. Was not the delay explained before the com became due paid them. The State then under the law came in and mittee upon the ground:- that she he1 elf did not know of the claim? :1! ked the Federal Government to l'eimburse her for the amount so ex Mr. RAY. Certainly. pended. This is the e.A'J)lanation of the age of the claim. The State Mr. HAMMOND, of Georgia. I would ask the gentleman to st very careful that no unjust claim should be settled under the act of account of any ' general or particular defense ? '' For some reason the 1790, is to be respected here, and that we ought rather to deal in a. supplies were necessary. Were they necessary for the general defense large and liberal spirit with the State when we are ready to cle..:'ll justly of the Government? with individuals. · I say, JI.Ir." Chairman, that before we undertake to pass upon a. claim I want to call the attention of my colleague [Mr. HiscocK] to the one hundred and five years old it should be better substantiated than iact that the State of New Ym·k has been repeatedly here calling for this is by the vague language of the report which I have read. justice in regard to its advances to the United States Government. It liir. HA.liiM:Ol\TD, of Georgia. I am greatly pleased to find that no did settle all its Revolutionary claim , and the State of New York has stronger objection can be urged to this claim than tha.t presented by never been here with any demand for any expenditure made during the the honorable gentleman from New York [Mr. HISCOCK]. That com Revolutionary War. But, during the war of 1812, the State made large mission was mganized in 1790. The jurisdiction of that commission advances to the United States Government, and made large expendi was limited to particular causes and for n. definite time. tures, all of which were adjusted from time to time until finally, in ::Kow the gentleman from New York says that because this claim was 1826, the State of New York came to Congress and asked to have inter not submitted to that commission therefore it ought not to be paid. est paid upon its disbursements; and Congre..."S, taking up the question in The reply is.that the claim did not exist, and it could not have been a. broad and liberal spirit, as it ought to have done passed an act which submitted because it had not been recognized by the State of Georgia. is not referred to in this report, the act of the 22d lllay, 1826, in which The claims to be submitted to that commission were claims which tates it authorized the payment to the State of New York of interest upon all had paid. The State of Georgia had not paid this debt. It was not its advances for the benefit of the Government of the United States. paid unti11 47, if the issuance of bonds for it is to be called payment· Now let us apply this principle which we have in>oked on behalf of and it was not paid until after that time if the actunl payment of th~ the State of New York to the State of Georgia. The State of Georgia bonds constitutes the pa,yment of the claim. is here asking for justice, and the only question we have to settle, strip Mr. RANNEY. It was not recognized then. })ing this discussion of all the extrinsic matter which ha been thrown Mr. HAMMOND, of Georgia. It was not recognized until after that in-the question about the rebellion, which it seems to me is not intro commissioners' court was dead and forgotten. In 1832 the United duced in very good taste; questions of antiquity, which ought not to States paid Vuginia, such a claim. After that·we paid Massachusetts weigh with a House disposed to do justice-the only que tion we have such a. claim, and after that we paid Baltimore Maryland, such a to ettle is whether this was originally a just claim. The Committee claim. on Claims seemed to be unanimous that it was a just claim, and the The gentleman says this ought to be done like it was before. Why delay which has taken place is only the delay which has OCGurred in make a court and pay its members $30,000 salarie in order to find out the settlement of the claim by the State of Georgia. The moment the whether we ought to pay a claim for $35,000, the correctness of which claim was paicl it came here, and for one I am not ·willing, and I do not no man has dared to deny? think the State of New York will be willing, to go with my colleague The gentleman &'tys it is n. Yague statement by a committee that these when he says although we are ready to pay an individual Revolutionary supplies were necessary. Vague, how? It is an absolute tatement -claim which we know to be just we mil refuse to pay u, tate also what that that is the truth, and five committees of five Congresses haYe nnani is cle..:'lrly n. just claim. monsly so declared, and no living m..'Ul can cast n. doubt upon it. l\1r. HISCOCK. I desire to call the attention of the committee to Georgia stands here saying, ''I did not rush in and present any cfu one other fact in this connection and then I will have accomplished my honest claim. I waited; I denied the citizens speedy justice to protect task. I call the attention of the committee to the last clause of the the Treasury of the Federal Government .against anything but honest "Section whichiha>eread, and I ask mycollea~e from New York [111r. claims. I denied citizens interest while I investigated; and while I was HEWITI] to notice its language: investigating for the benefit of the Federal Government your tribunal But no evidence of a claim heret-ofore admitted by a commissioner of the nited e:xpired·by its own limitation. Now, I come; I pre entmyTccord evi States for any State or district shall be subject t-o such examination; nor shall dence before you; no citizen in the broad land dare to deny it urrect t.he claim of any citizen be admitted as a charge against the United StH.tes in the ne,_ .'' account of any St.ate unle the same was allowed by such Stale before the 21th day of September, 1788. Mr. HISCOCK. I desire to call the attention of the gentleman- Mr. HAl\DIO:ND, of Georgia. And the United States says, "I plead The Ia.w.was passed August·5, 1790. Congress knew precisely 1rhat the statute of limitations. ' No, thank God the United States do not it was passing upon-the claims which have been allowed by States be say it. . fore the 24th day of September, 1788. Speaking of that time Congres Mr. HISCOCK. Wait a moment. ·said, '' Those claims we will pay, and none other.'' Mr. HAMMOND of Georgia. Jt ~ only one member from one There was no litigation, so far as the State of Georgia.. wa concerned, t'ttc who says it. involved in it. That did not be..:'lT upon the question. If it did, it only M]:. HISCOCK. I desire to again call the attention of the gentleman bore upon the question in this, that the Government says-" " 7 e will from Georgia [Mr. Jf.DDIOND], who I know alwnys means to be fuir, to not pay claims that. are in litigation.'' Doubtless, those claim were this clause of the act: scheduled. They wexe cliscussecl in that debate; andindiYidual claims Kor shaH the claim-<>f any eitizen be admitted as 11. eharge again t the United which were allowed then and had been allowed for months weTe only States in the account of any tltnte unle ·s the same was allowed by such Stale to be taken into considemtion in that question. All those oltl c1'lim.."l before the 24th day of 'eptembcr, 1788. thn..t had not been allowed by, tates prenous to that day were barred That was eleYen months previous to the pas&'lge ofthclaw itself. by this section of the tatute . The question is now whether they are ~II· . HAlil\IOND, of Georgia. What wa that? to be allowed. That is the principle ought to be e tabli<;hed by this 111r. HISCOCK. That absolutely excluded from its consideration bill. any claim which might be passed or allowed in the future. ' Mr. HEWITT, of ~ew York. May I ask my ·olleaguc a qne~tion Mr. ILUDIOND, of Georgia. It was a simple declaration that that just there? comt should not allow any claim other than tho e which ca,me vdthin :Mr. HISCOCK. Certainly. certain restrictions. The comt could not allow any other claim than 1\lr. HEWITT, of New York. I a. k my colleague whether he think that which had the. tatutory ear-mark. llut,l.Jecau e that court could -the act of 1790 cut off individual HeYolutiouary claims again t the not allow n. claim beeaus there i~ no court than can allow th claim, United States"! Georgia. comes before the rcpresentn.tives of the people and ·ays, ' Hon Mr. HISCOCK. If they were claims against the tate and they were e ty compels you, your pride should urge yon to pay that thou ow t. '' not allowed preTiously to that, they were cut off ; but I clo not . uppose M.r. HOL~llN. It . eems to me that if jt shall ll the purpose of it cut off claims against the United States proper. Congress to pay thi-s money after this lap ~ e of time, the other subject Mr. IIEWITT, of New York. Does not my colleague lmow"·e baYe that has been referred to ought. to lJe conside1·ed; that is, whether this been constantly appropriating money to indincluaJs for money ~xpended money shall be paid out of the public Trea ury to the State of Georgia during Revolutionarytimes? If so, let us apply to a ,'tate the principle. while that State in effect i a large del)to~ to the United States. I h..•we we apply to an individual. before me the direct tax law of 1861, the ei Mr. HAMMOND, of Georgia. Can the Federal Government tax a tion, involving also equitable attributes and the equal obligation of State? States, while the other is an appeal. to the special favor and sense of Mr. HOLMAN. The Federnl·Governmentmakestheapportionment right of the American people against the limitation of positive law? of the direc\i tax against the State, but the tax is assessed upon the A limitation which has operated for nearly a century may safely be property of the State. appealed to. Mr. HAMMOND, of Georgia. Upon the property of the State, or of But one step further. The Constitution of the United States pro- the people thereof? vides that Representatives and q.iiect taxes shall be apportioned among Mr. HOLMAN. The property of the people of the State. the several States which may be included within this Union-shaU be Mr. HAMMOND, of Georgia. I will pay the debt myselfifyoucan apportWn.ed amQn{/ the several Statesj and the eighth section oftheact of show any authority of the Federal Government to tax the State of Congress imposed this direct tax and apportioned it among the sev Georgia. eral States, and the sum of $584,367 was apportioned as the share of . ~HOLMAN. It may be. conceded that the taxing power of the the State of Georgia, usingthe verytermsofthe Constitution in making United States does not operate directly upon the State as a State of the that apportionment. Yet my friend from Texas questions the bon Union, as an organized political government; but I do not hesitate to esty-- say that the Governmentofthe United States, in the exerciseofitstax- Mr. :l'tllLLS. Does the gentleman from Indiana mean to My-- ing power, does operate upon the people and property of the State of Mr. HOLMAN. Excuse me for a moment until Ifillishmysentence. Georgia, as upon the people and property of every other State of the The gentleman questions the honesty of insisting that this debt of the Union. I presume that the gentleman from Georgia will not question United States against the people of the State of Georgia be consid the power of the Federal Government to enact this law, this act of Au- ered in connection with the claim of the same identical people in their gust 57 1861, and to apportion against the State of Georgia its portion character as a State against the United States! Are not the same par- of the $20,000,000 "laid upon the United States" for the purposes of ties directly affected? . the Federal Government. This power cannot be denied, and it operates Mr. :l'tllLLS. Does my friend propose to make the State of Georgia directly on the people and property of the State. This apportionment pay that amount of direct tax and yet not enforce its payment by other was made to and against the State of Georgia. The propriety of the States? term ''apportion'' made use of in this law no one will question, for it 1't1r. HOLMAN. I think not. is the term used in the Federal Constitution. These $20,000,000 were Mr. MILLS. Does not the gentleman know that the Government apportioned to the several States of the Union under fu).1. constitutional does not propose to enforce its payment by other States? power. Most of the States have paid the sums apportioned to them. ~1r. HOLMAN. I do not know that. Now, is it right that money shall be taken from the Federal Treasury Mr. MILLS. Does not the gentleman know that the Government to pay a debt to the State of Georgia while the community, the peo- does not propose to enforce its payment by the other States? pie, composing the State of Georgia, are indebted to the Federal Gov- ~1r. HOLMAN. I have not heard of any such thing. ernmt.;nt in a much larger sum? Would that be just totheotherStates :r.Ir. MILLS. But do you not know it? of the Union? Will my friend from Georgia say it would be a just and Mr. HOLMAN. There has been no legislation on the subject, anti proper proceeding on the part of Congress? Is it right that Georgia the gentleman must recollect that a large portion of the States h..'\ve should insist upon her claim against the Federal Government while an already paid their share of that direct tax. adjusted claim, resting on high constitutional obligation, against the . Mr. MILLS. Yes; those north of the Ohio River. whole people of the State of Georgia remains unpaid? ]')fr. HOLMAN. A large number of the States have long since paid Mr. HAMMOND, of Georgia. Does the gentleman desire a response? their portion of that direct tax. Congress apportioned a just portion of Mr. HOLMAN. Certainly; I will yield for an answer. that tax upon the State of Georgia, and it had the unquestioned right Mr. HAMMOND, of Georgia. I say that if you owe a debt to the to impose it under the Constitution upon the people of that State. It State of Georgia and that State owes you a. debt, you may plead a set- was imposed in just proportions upon the people of all the States, and off. But if the debt due you is not from the State of Georgia, but from Congress had ~ right or power to apportion that tax except to all the somebody living in Georgia, there is no mutuality, and a set-off would States. not lie in any court in Christendom. Mr. MILLS. Yes. Mr. HOLMAN. Now allow me to answer the gentleman. 1't1r. HOLMAN. Is itright, then, that the State of Ohio or the State Mr. HAMMOND, of Georgia. No; I am answering you. Now, the of Kansas should pay that tax and that Georgia should be relieved from apportionment, if it means anything at all, is against the State, against its payment? I do not think so, and no gentleman can safely assume all the States; and the effe~ of the gentleman's argument would be any such ground. this: that because the Government is indebted to the State of Georgia I wish to say further, Mr. Chairman, that the other claim of .the State we should collect $30,000 of direct taxation from that State, and not of Georgia growing out of the war of 1812 I believe was before the Com collect any such taxation from the other States to whom the Govern- mittee on War Claims at the last session of Congress, and that committee ment is not indebted. The honest way to do is to pay what you owe reached the conclusion, assuming the claim to be a meritorious claim, a the State of Georgia in its corporate capacity. If the citizens of Georgia claim, however, against the United States long since barred by the stat and the citizens of other States owe any tax, compel the payment of it. u:te of limitations, it would be proper to adjust it with reference to the That is honest; that is legal. When .you come to collect such taxation claim of the General Government against the people of the State of we will meet that question; it is unnecessary to meet it now. Georgia for its share of the direct tax as apportioned by this act of Au- Mr. HOLMAN. Now, 1't1r. Chairman, in view of the sentiments gust 5, 1861. Without ]mowing anything more about this claim than expressed, let me discuss this subject for a moment in the position in that already reported, without knowing anything why the State of which it really stands-the equities of the case. This claim originated Georgia should have so long delayed its presentation, without knowing in 1777. Under the law of 1788 providing for the payment of the anything of the circumst..1.nces attending its origin except the fragments debts of the several States by the United States, it was provided that, whichhavesurvivedacentury, sup:posingthatitisaproperclaim3.oaainst in order to render the Government of the United States responsible for the General Government and dealing with the subject with the greatest any debt due by any State, the claim should be presented to the au- fairness, I submit its adjustment should be contemporaneous with the thorities of the State and through them to the Federal Government adjustment of the claim of the Federal Government upon the people of within the period of two years. So that ever since 1790 the bar, the Georgia. I therefore submit the following amendment to be added to limitation which our fathers saw proper to impose, has been in opera- the bill: . tion against this claim. This claim was not adjusted by the State of Provided however, That of said snm, $35,555.42 shall not be paid by the~ Georgia until seventy years after it is claimed to have accrued. 1- r~tary of the Treasury unt~ the sum due the U:nited States of direct. tax;es appor- r<-~ • I edb h S · bonedtotheStateofGeorgiaundertheactentttled"AnacttoproVldemc.rea.sed. ' M r. HAMMOND, 0 f ~;gm. t ~ assum Y ~ ~ tate m 1793. revenue from imports to pR.y the interest on the public debt, and for other pur- Ur. HOLMAN. The clarm was adjusted by Goorgmm 18477 accord- poses," approved August 5,1861, shall have been adjusted. ing to the report of the committee. The original amount was about ~1r. ·MILLS rose. $22,000. The residue of the $35,000 is interest accruing up to the time Mr. HiliMOND, of Georgia. I make the po~t of order that the of payment by Georgia. Now, after the bar which our fathers thought motion pending is the motion to strike out the enacting clause, and no. proper to impose has operated for over ninety years, and this claim for motion to amend the bill can be made pending that motion. over ninety years has ceased to be a legal claim against the United The CHAIRMAN. The Chair decides that the motion to amend States, it is now presented, not as a legal demand against the Govern- will be received, and that the motion of the gentleman from New York ment of the United States, but as one purely and exclusively equitable, takes precedence and must be first voted on. one which according to law is completely and absolutely barred, and lli. l\IILLS. It seems to me, 1't1r. Chairman, that the manner in can only "J:>e urged as appealing to the conscience and sense of justice of which the gentleman from Indiana proposes to deal with this question the Amencan people. Let me ask the gentleman from Georgia, when is not the frank and fair one. This claim is so strong in its merits that the people composing the identical community of the State of Georgia it addresses itself te the conscience of the Congress of the United States, upon which the Federal Government has constitutionally assessed this and there can be no good ground for denying it. The answer which tax present an equitable claim against the Government, is it equitable the gentleman from Indiana makes is really a subterfuge. Now, does or just to say that the one debt is of highE-r authority than the other, it comport with the posed upon it in common with the other States during the war, the alone should see fit to revive this old question of taxes against our peo payment of which the Government of the United States has not at ple which the people of the North have never yet been willing to 8ee tempted to enforce upon Georgia, and does not intend to enforce upon collected. the other States in like situation with the State of Georgia.. The ma Again, sir, if it is to be done, if this tax shall be collected hereafter, chinery for collecting that tax is still in the hands of the General Gov let it be determined by Congress and let it apply uniformly to all of the ernment and the Government is still clothed with the same power, but States. The lands are there; they are liable for the lien upon them it has refused from the most honorable motives to collect that tax from whenever you shall in your solemn judgment determine it shall be those States because it was a war measure. enforced. The property is there still, and the debt will be paid to the The General Government was bound to impose that assesslllent upon uttermost farthing if you shall determine to collect it, even though it the loyal States of the North under the Constitution, and to impose it bankrupt the people of the South. But I say, in keeping with the past equally upon all the States of the Union for the reason that it recog I trust that this House will not atte~pt to deface so splendid a record nized all of the States as being in the Union, although it did not have by at this stage of the game taking up a single State in a spirit of spite the physical power to collect it from all of them. When the war was and declaring that she was in rebellion and shall not be paid her just over, and when we were all treated as children of a common country, dues until she pays a (}laim you do not require other States to pay. I it was entirely proper on the part of the Government to withhold the am not here, Mr. Chairman, to arraign any gentleman upon either side · enforcement of the collection of that direct tax. for prejudice ~bout the war. It is a matter in which we all participated Mr. COOK. Will the gentleman from Texas allow me to interrupt on one side or the other. I am not here to rebuke any man, but I am him for a moment? here as a representative not merely of a section or of a State, but as the Mr. MILLS. Certainly. representative of the American people urging that simple right and jus Mr. COOK. I only wanted to say in reference to the amendment of tice be done in reference to this as to all other claimants. the gentleman from Indiana, that the General Govemment has already Mr. McLANE. Three objections have been made to this bill. I do collected $11,608,000 from the State of Georgia by way of a cotton tax, not know that they have much influence, but one of them I think has; and she has not returned that; and, so far as I have been able to dis and that is the one made by the gentleman from Indiana [Mr. HOLl\I.AN : l ~ cover, there is not much disposition on the parl of the General Gov I refer to the introduction here of the apparently equitable principle ernment to return it to the State. I think that is a pretty fair offi et to that the State of Georgia, in presenting this claim, should admit a set "this claim. off for the old war tax, the direct tax! Now I have to a k that honora Mr. ?friLLS. I had intended coming to that p1·esently, but as the ble gentleman while he was on the equity of the case did it not occur gentleman from Georgia has referred to it I will say that here is an to him that if the State of Georgia, for any reason or at any time or equity against any tax imposed upon land in the Southern States. under any circumstances, was made to pay that debt and the other The gentleman from Indiana knows that the General Government does Southern States were not made to p&y it, it would be very bad equity, not intend to enforce the collection of that tax. But, not only that, and unconstitutional? '.And does he not know further the notorious this is a tax not against Georgia alone; it is a tax against my State as fact that that war debt is not collected because the cotton tax was col well as against Georgia and against all the States, North and South. lected ? Is it not perfectly well understood as to that cotton tax, the The Government has now in its Treasury more money, according to law for the levy of which was repealed after payments had been made llli:&ny statesmen, than it ought to have and more than it knows what under it; does he not know that this direct ~, the war tax, as we to do with. One of the great questions of statesmaBShip presented to us call it, was not collected because in equity at lea t, if not in law, the· at this time is how to get rid -of the money which has accumulated in old cotton tax would have been a good set-off? No Southern State that the Treasury in a proper manner. Decrease of taxation will follow for paid the cotton tax; has been called on to pay the direct tax, and never one thing, and there must be a depletion of the Treasury in some proper will be! way. The President has already warned the country of the evils and .Another objection was that stated by my honorable friend from Illi the danger of so much money in the Treasury, and when we are con nois [Mr. SINGLETON]. Clear as he is as a. lawyer, and patriotic and fronted with this condition of things and a State coltl.es up pre ent national as he is as a. statesman, I must confess myself surprised that ing a valid claim against the Government of the United States, and for he made that objection. If I understood him, the objection he took tified in every manner, why are we met With this subterfuge that this was that the State of Georgia, having gone out of the Union, forfeited her tax must first be paid-a tax. which all know will never be collected? claim for the moneys paid for the Union during the Revolutionary War. Let me ask if it would not be equally just and honorable to say: You Now if there is any one point well settled in law and well settled to return to us first the unconstitutionaJ.ly collected cotton tax. Sixty day in American statesmanship it is that no State ever did go out of the, millions of our money are now locked up in the Treasury without au Union. My honorable friend from Michigan [Mr. HoRR] laughs at th.at thority of law-money taken by force from our people-and you do not statement. If he does not know tha_t is the law, he ought to know 1t. intend to pay that back. Georgia's proportion ofthat taxpaidintothe Mr. HORR. What did those States do? Treasury is ten times at least the amount of the claims which the Gen Mr. McLANE. They went into rebellion, and a portion of the peo e:ral Government might allege against her, and yet none of us have any ple made not a war but a. rebellion, at best a quasi war upon the Gov idea that that will be refunded to her. ernment of the United States. It was a. rebellion, not a. war; because if' Mr. Chairman, I trust it will be the sense of this committee that this it was a war then the people of those States would have been foreigners. claim shall stand upon its own merits. Let the tax question be met But they never were foreigners, and the loyal men of tho e States fought in a statesmanlike manner when·that question fairly and justly comes for the Union and, in common with their fellow-citizens who were in before us, and if it is intended to enforce it against all of the States l'ebellion, never ceased to be citizens of the United States. Georgia will be willing to pay her•share. Let the cotton-tax question Mr. HORR. ·when they were acknowledged as belligerentS what rest upon its own basis and let us pay all of these just debts which the were they? Government is under obligations to pay. Mr. McLANE. They were citizens of the State in which they lived; Mr. BLOUNT. Mr. Chairman, I will take up the time .of the com and, though in rebellion against the Government of the United States, mittee but a. moment longer. This matter has been amply discussed, never ceased to be citizens of the United States. That is what they and I think it is pretty well understood by the committee. I wanted were in fact and that is what they were in law. That is the law of the simply to indulge in one or two observations in reference to the remarks land. I hold in my hand the case of Texas against White, a well-known which have fallen from other gentlemen before the vote is taken. case in which this principle is fully set forth. It is the same case in My friend from Indiana [Mr. HOLl\lAN] has urged and offeTed an which Chief-Justice Chase said this was an indestructible union of in amendment making this claim a set-off against the claim due by Geor destructible States. ' gia, as he alleges, for war taxes. As I stated before, so far as the law of Mr. HORR. I am only sorry the gentleman did not make that speech , this matter is concerned the present governor of Indiana, while Comptrol in 1861. ler of the Treasury, passed upon this question adverse to the position Mr. McLANE. Well, we will deal with 1861 whenever the occasion assumed by my friend from Indiana. But, sir, admittingthathisposi is proper to deal with 1861; and perhaps my friend from Michigan will tion is a. correct and just one, that itis true and just, whatare thefacts find as little to take exception to in my speech of 1861 as in the one I about these land taxes? When the war closed with its desolation there am making now. was swept from the South the accumulations of a century of her people. Mr. HORR. It did not sound that way to me. But little was left her except her sterile lands. The Congress of the Mr. McLANE. You did not hear it. United States and the then administration, seeing the attitude of the Mr. HORR. But I read it. South, with a true patriotism and a grand spirit of philanthropy, not Mr. McLANE. The honorable gentleman not only did not hear 1t , stopping to discuss legal questions, but occupying the highest stand but if he read it he did not understand. it, because that speech made point of patriotism, stopped the collection of its taxes in those States. precisely the same point that I am making now. That speech made That operation has never been resumed. Congress provided that it the point that the Southern States as States were not at war, that they hould not be paid for many years; and though there has been a rec had no right to secede, that it was not possible under the Constitution o.r ommend::~.tion from one Commissioner of Internal Revenue to resume the United States to consummate an act of ecession. That was the onl. their collection that spirit has never yet takenpo ession of the Ameri speech I made in 1861. And I said more. I said it was rebellion, and can Congress, and I doubt, sir, that the enforcement of that tax will that no right was involved but the right to revolt, a right higher than ever be resumed. As a Southern man I tand here to express my grati any legal right. I said the right of revolution was independent of and tude for tha.t kindly feeling, and regret that my friend from Indiana. more sacred than any right of law. It w ru a right that f'-.-od planted in. 1882. CONGRESSIONAL RECORD- HOUSE. 67 our conscience and it was the right under which our fathers esta.blished her the money expended by her for the United States during the wa.r the Union ofthe United States. of the rebellion. . I now say, Ur. Chairman, that under this case of Texas vs. White 1\.h·. IDSCOCK. Will the gent]ema.n allow me to ask him a single the court ruled expressly t}lat although the State was in rebellion it question? was not out of the Union; and that is the only point made by the gen 1\Ir. McLANE. Certainly. tleman from Illinois, and it is the only point to which I am addressing 1\Ir. ffiSCOCK. I desire to ask the gentleman if he is in fuvor oi myself. He says this is not a gOod claim because the State was out of the Government now paying the claims of indi-..iduals against the Gen· the Union and forfeited its claim. Now, the Supreme Court had decided eral Government or again t the States, which were created for the gen· that it was not out of the Union, though a portion of its people were in eral defense of the Government during the Revolutionary War, and rebellion. which have not been paid by the States? The gentleman from Georgia [l\Ir. TURNER] very well made the point 1\Ir. McLANE. I do not quite understand the question. that a portion of the people who were not in rebellion ought not to be Mr. 'HISCOCK. My question is this: Is the gentleman in fuvor of punished for the offense of tho. c who were. I understood him to al paying the claims of individuals against the General Government, or lude to that very large class of the citizens of Georgia who got theu· against any one of the old colonies, incurred in the general defense of freedom and their citizenship from the war, and I thought his allusion the colonies during the Revolutionary War? was pertinent and proper, for they constitute to-day not only a large 1\Ir. IIEWITT1 of New York. Will my colleague tell us why we proportion of the people of Georgia, but they constitute a patriotic pro maintain a. Committee on RevolutionaryClaimsofthisHouse, andha.ve portion of the people of Georgia, a kind, a docile, and a faithful class of done so e-ver since the foundation of the Government? people, as truly devoted to the Union of the United States and to the 1\Ir. HISCOCK. I do not know; I suppose there is some business for laws of the United States as any other portion of the people of Georgia. it. I ask the gentleman if he is in favor ofpaying those claims? Of course I mean the colored people, and I so understood the gentle Ur. R.A.Y. .And let me a k the gentleman from New York [Mr. man from Georgia on my left [Mr. TURNER]. HIS OCK] if he is in favor of paying the French poliation claims? The third objection to which I wish 'to address my elf is the one 1\Ir. HISCOCK. I have asked the gentleman from l\Iaryland [Mr. taken by the gentleman from New York [:Ur. HISCOCK]. The gentle l'IIcLANE] a question, and 'the principle involved in that question is the man from New York gives us the statute under which these Revolution one involved in this bill, and therefore it is a pertinent question. This ary claims were originally settled by a commi ion, all claims being claim is not more sacred because it has been paid by a State and comes barred later than the time which was fixed, as is m ual in all commis to us now from a State, as the assignee of the claim, or subrogated to sions. the State, than if it was presented by the heirs of some man who over 1\Ir. ffiSCOCK. I aid a little more than that. The act of Con a century ago furpished supplies to the General Government. gress of 1794 provided for claims which theretofore, that is before the ~Ir. McLANE. Now, Mr. Chairman, thegentlemanfromNewYork passage of the act itself, had been adjusted. on my left [Mr. HEWITT], the colleague of the gentleman from New Mr. McLANE. .All right. The point I am going to make against York on my 1·ight [.Mr. HISCOCK], said very properly, in the course of the gentlemen from New York [1\Ir. HiscocK] is thi : that whatever his remarks, for what do you maintain your Committee on Revolution were the terms of that statue, whatever claims were embraced by the ary Claims? Is it not to investiga.te claims of this character? If a. tatute, that did not deprive this Congress of the power to settle other claiin should come before this House from that committee to reimburse claims. It deprive<:l that commission of the power; that is clear. That an indivjdual for his el...'J)enses in equipping .a regiment and carrying it commission had no right to settle any claims but tho e that came within into the field and paying the men in the war against Great Britain, if the statute; and allotherclaims, withoutthestatute, mnstcometoCon such a claim were made out to t~he satis£'tCtion of the committee and of gress. . this House, would the gentleman from New York vote against such a I am going to ask the Clel'k to read from the statute pa ed in 1832, un claim? • der which the State of Virginia was paid. There has been a great deaJ. Mr. HISCOCK. I would. of diScussion here, and I will not futigue myself by reading this statute; 1\Ir. McLANE. I would not. but there is a statute for a class of cases which were not embmced in 1\Ir. HISCOCK. When a claim has lain dormant for one hundred and the statute which created the commission. five years and is presented here in this sort of way, I certainly. would The Clerk read as follows: not vote for it. I know tfu'\t in my own Congressional district there are An act to provide for liquidating and paying certain claims of the tate of Vir to-day three or four claims amounting in the aggregate to half a million ginia. of dollars, claims which are in the hands of the heirs ofthe men upon Be it enacted, &c., That the proper accounting officers of the Tl·easury do liqui whose services they are founded, claims which I believe are just as date and pay the account of the Commonwealth of Virginia against the United meritorious as this; yet I would not vote for them. States for payments to the officers commanding in the Virginia line in the war of the Revolution on account of half-pay for life promised the officers aforesaid 1\Ir. McLANE. I will not take up further the time of the commit by that Commonwealth, the sum of $1.39,543.66. tee; I have said all that I wish to say, and have done with this ques .And be it further enacted, That the Secretary of the Treasury be, and he is tion; but injustice to myself and to the gentleman from New York on hereby, required and directed to pay to the Sta.te of Virginia the amount of the judgments which have been rendered against said State for and on account of my right [Mr. HiscOCK] I must ay that such a principle as the gentle the promise contained in an act passed by the G-ene1-al Assembly of the State of man has just stated cannot commend itself to the mind of any equita-· Virginia in the month of May, A. D. 1779, and in favor of the officers or repre- ble man on this floor. enta.tives of officers of the regiments and corps hereinafter recited, and not exceeding, in the whole, the um of $241,345; to wit- 1\Ir. HISCOCK. I must say-you must allow me to say it-that r do believe in statutes of rest, of quiet. .All these conflicting in~ests. Mr. McLANE. That is enough. l\Iy purpose in having that stat or claims should some time or other sleep. More than that, I 'Qelieve ute read is simply to answer the argument of the gentleman from New the reason we have statutes of rest is because of the presumption that York [Mr. HiscocK] and to show that where a Revolutionary claim when a claim has long remained unpaid there is some defense, some does not come within the statute for submission to that COJilmission, reason why it shoulcl not be,paid. These statute rest upon an elemen then it remains for-what hall I call it ?-the grace of Congress, just tary principle which is sound. as if that statute neve1· had been passed. 1\Ir. McLANE. I cannot agree with my friend at all upon this ques That statute has no reference whatever to a claim that was paid in tion. It comes to my mindnowwhilehe isspeakingthatheas n, mem 1842 or 1845. No claim could be set up by the Sta,te of Georgia 1mtil ber of this House has voted to pay the claim of the heirs of a man who it had been paid. It was not a possible thing for the claim we are now did not make the claim when it accrued, but later in life, when over considering to be embraced in that statute. The claim did not exist taken by poverty they came to this House and presented the fact of until the State of Georgia had paid it; and the State of Georgia never their poverty and distJ:ess, and the claim founded upon the honorable paid it until somewhere about the year 1845. services of the deceased paren~ was recognized by this House, and the 1\Ir. BUCHANAN. The year 1848. gentleman from New York voted for it. I ask him where will he draw 1\Ir. McLANE. These are the three argument which I have heard the line as to time. adduced against this bill, and the only three. I submit to the com The gentleman says, and says very truly (for he knows it as a law mittee that neither the legal point made by the gentleman from Illinois yer), that statutes of limitation are based upon the presumption that [1\Ir. SINGLETON] nor the equitable one made by the gentleman :from an old claim is a bad one. But if the old claim is proved to be a good Indiana [1\Ir. HOLl\IAN], nor this old statute presented here as a bar by one, and the tribunal is free, would the gentleman refu e to pay it? the gentleman from New York [1\Ir. HiscocK], ought to deter u~ from A court held to a statute of limitations is not free; but we, thank God, paying this account, if it is a just account. If it is a good claim for are free. We have no statute to bind us, and all that we ought to· money which Georgia paid for the colonies then organized as the United ask-thi is my answer to the gentleman from New York-all that we tates of .America, following aJl the precedent of thi. Uo•ernment, we ought to require in reference to an old claim is th11.t it shall be proved to> ought to pay it. be a righteous claim, and if a righteous claim it o_ught to be paid pre I will not detain the committee by readino- the 1ong 1i ,;t of cases cise1.v as a new claim would be, because we ru:e not bound by the stat which have grown out of the war of the rebellion. I have here in my ute; on the contrary, ~e are bound against the statute, bound on1y by hand the statutes of the Forty-sixth Congress under which we paid the our conscience. . This i my answer to the gentleman. · State of Kentucky, the Sta.te of Pennsylvania, and tbe city of Balti The CHAIRU.AN. The question now recms' on the motion of the ~ore for their war expenses. .And yon may take other tatutes pa..""ed gehtleman from NE>w York [Mr. HISCOCK], to strike ~mt the enacting prior to thiR and you will find that nearly eYery ."'tnte hn. The motion was not agreed to; there being-ayes 52, noes 76. NOT VOTING-113. The question then recn,rred on the amendment of Mr. HoLMAN; Aiken, Colerick, LeFevre, Sherwin, which was read, as follows: Atherton, Cornell, Lindsey, Shultz, . Barbour, Cox, SamuelS. Lynch, Singleton~tho R. PrO'Vided, however, That the said sum of$35 555.42 shall not be paid by the Sec ]3aynet. Culberson, · Mason, Smith, .J. uyatt retary of the Treasury until the sum due to the United States of direct taxes ap Belfora, Curtin :M:cClure Sparks portioned to the State of Georgia under the act entitled ''An act to provide in Belmont, Cutts, ' :McKenzi1e, Spaulding,1 creased revenue from imports to pay interest on the public debt, and for other Beltzhoover, Darrall, Money, Springer, purposes," approved August 5, 1861, shall have been adjusted. Berry. Deering, Moore, Stockslager, The amendment was not agreed to; there being-ayes 53, noes 90. Bingham, De Motte, Mosgrove, Stone, Bisbee, DezenEllis dorf, Muldrow, Townshend, R. W. Mr. TURNER, of Georgia. I move that the bill be laid aside to be Black, , Neal, Tyler, reported to the House with a recommendation that it pass. Blackburn, Flower, Nolan, U pd.egraff, The motion was agreed to. Bliss Ford, Grth, Van Aerna.m, Bo~n, Frost, Pacheco, VanHorn Mr. TURNER, of Georgia. I mo.-e that the committee rise. Bragg, Gibson, Parker, Van Voorhis, The motion was agreed to. Browne, Grout, Prescott, Wait, The committee accordingly rose; and the Speaker having resumed the Brumm, Hammond, .John Reagan, Ward, Buckner, Hardy, Reett, Watson, -chair, Mr. WAIT reported that the Committee of the Whole Honse on Burrows, .los. H. Harris, HenryS. Rice, .John B. Weliboru, the state of the Union had, according to order, had under consideration ~~;:orth, HazeltQn, Rice, Wm. W. Whitthorne the bill (H. R. 110) to refund to the State of Georgia certain money ex Hubbell, Robertson, · Williams, Chas. G. Camp, ' Hutchins, ~nded by said State for the common defeDBe in 1777, and had directed Robinson, .Ja.s. S. · Wilson, Candler, .Jadwin, Robinson, Wm. E. Wise~ Morgan R. lrlm to report the same back to the House. Cannon, Ketcham, Ross, W ooa, Benjamin Mr. TURNER, of Georgia. I demand the previous question on the Carlisle, King, R~u . Wooo,W~rer~ Cassidy, Klotz, RYBJ?- Young. engrossment and third reading of the bill. Caswell, Knott, Scoville,1 Mr. V ALEN'I'INE. I move that the House do now adjourn. Clardy, Ladd, Scranton, Mr. HISCOCK. I ask by unanimous C6DBent to introduce a bill for Cobb, Leedom, Shackelford, reference only. So the bill was passed. Mr. HAMMOND, of Georgia. I object to everything until the pend The following pairs were announced from the Clerk's desk: ing bill has been disposed of. Mr. ORTH with Mr. COLERICK. Mr. TURNER, of Georgia. Is the motion to adjourn in order at this Mr. GROUT with Mr. McKENZIE. time? ~fr. LE FEVRE with Mr. SHULTZ. TheSP~R. It~. Mr. TYLER with Mr. CASSIDY. Mr: VALENTINE. My motion to adjourn has not been withdrawn. ~fr. PARKER with Mr. MuLDROW. The House divided; and there were-ayes 50, noes 80. Mr. BUTTERWORTH with .1\Ir. BUCKNER. ·Mr. VALENTINE. I demand the yeas and nays on the motion to l\Ir. BISBEE with Mr. FRosT. adjourn. Mr. BROWNE with Mr. STOCKSLAGER. The yeas and nays were refused. Mr. WAIT with Mr. BARBOUR. So the House :refused to adjourn. . Mr. RYAN with Mr. WHITTHORNE. The previous question was ordered, and under the operation thereof Mr. CoRNELL with Mr. HARDY. the bill was ordered to be engrossed and read a third time; and being l\Ir. KETcHAM with Mr. TOWNSHEND of illinois. engrossed, it was accordingly read the third time. Mr. REED with Mr. BELMONT. Mr. TURNER, of Georgia. I move that the bill be put on its passage, l\fr. WATSON with Mr. WILSON. and on that motion I demand the previous question. Mr. CALKINS with Mr. ATHERTON. Mr. VALENTINE. I ask the gentleman in cnarge of the bill to Mr. CANNON with Mr. BLACK. yield to a. motion to adjourn, as several gentlemen have left the House l\Ir. MILLS. I wish to state that my colleague, Judge REAGAN, is under the impression the vote would not be taken this evening. I only detained from the House on account of sickness. ask that the bill may go over until to-morrow. The SPEAKER. And ~ also absent with leave. l\fr. HOOKER. No, let us pass the bill now. Mr. AIKEN. I voted but desire to withdraw.my vote, as I agreed Mr. TURNER, of Georgia. I i~t on my demand for the previous to pair with Mr. WARD. question on the passage of the bill. The result of the vote was then announced as above recorded. The previous question was ordered. l\Ir. TURNER, of Georgia, moved to recoDBider the vote by which Mr. IDSCOCK. !demand the yeasandnayson the passage of the bill. the bill was passed; and also moved that the motion to reconsider be The yeas and nays were ordered. laid on the table. The question was taken; and there were-yeas 96, nays SO, not voting The latter· motion was agreed to. 113; as follows: DEMOCRATIC CAMPAIGN FUND. YEA.S-96. Armfield, Ermeutrout, .Jorgensen, Reese, Mr. STEELE. I desire to ask unanimous consent to ofl'er the resola- Atkins, Evins Kenna, Rice, Theron 1\!. tion which I send to the desk. Beach, Forney, lAtham, Richardso~ .J. S. The SPEAKER. The resolution will be read, subject to objection. Blanchard, Fulkerson, Mackey, Robinson, ueo. D. Blaud, Garrison, Manning, Rosecrans, Mr. ATHERTON. I move that the House do now adjourn. Blount, Geddes, Martin, Scales, The SPEAKER. Does the gentleman object to allowing the resolu Buchanan, George, McLane, Shelley, tion to be read? Cabell, Gunter, Mf~in, Simonton, Mr. ATHERTON. I will withdraw the motion for that purpOse. Caldwell, Hammond, N . .J. 1 1 Sma.lls • Chapman, Harris, Benj. W. Mornson, Smith, Dietrich C. Mr. S~EELE. This is a resolution which ~ very short, and I have Clark, Hatch, Morse, Speer, no doubt gentle:Qlen will agree to it on the other side. Clements, Herbert, Moulton, Talbott, Converse, Herndon, Murc"h. Thompson, P. B. The SP~R. The resolution will be read. Cook, Hewitt, Abram S. Mutchler, Thompson, Wm. G. The Clerk read as follows: CovingtQu, Hewitt, G. W. Norcross, Tucker, Resolved, That the Committee on Civil Service be, and is hereby, directed to Crapo, Hoblitzell,_ Oates, Turner, Henry G. inquire into and report to this House how much money was collected 6y the Cravens, Hoge, PaW. Turner, Oscar campaign managers of the Democratic party from the Cobden Club and Free Crowley, Hooker, Peelle, Upson, Trade League for use in the elections of 1882. Davidson, Houk, Pettibone, Vance, Dibrell, House, Phelps, Warner, ~Ir. MILLS. I hope it will be adopted. Dowd, Hobbs, Phister, White, Mr. ATHERTON. I desire to move an amendment. Dugro, .Jones, George W. Po~d • ;tth.siams, Thomas Dunn, .J-ones, .James K. Ranaau,1 The SPEAKER. The first question ~~ Is there objection to the Dunnell, .Jones, Phineas Ray, Wise, George D . present consideration of the resolution? NAYB-80. Mr. ATHERTON. I merely desire to offer an amendment, to add Aldrich, Farwell, Sewell S. Kasson, Ritchie, the words '' and Republican'' after the word '' Democratic,'' so that .Anderson, Fisher, Kelley, Robeson, the subject of political assessments can be investigated. Barr, Godshalk, Lacey, Shallenberger, Brewer, Guenther, Lewis, Singleton, .J. W. The SPEAKER. Is there objection to the present coDBideration of :Briggs, Hall Lord Skinner, the resolution? Bqck, Hardenbergh, Marsh, Smith, A. Herr Mr. KASSON. I object to its present consideration for the reasoDB Burrows, .Julius C. Hanner, Matson, Spooner, Campbell, Haseltine, McCoid, Steele, I named this morning, and it~ unnecessarytQ reiterate them at this time. Carpenter, Haskell, McCook Strait, The SPEAKER. The resolution, then, ~ not before the House for Chace Heilman, McKinley, Taylor, coDBideration. lt may be referred to the Committee on Reform in the Cox, William R. Henderson, :Miles, Thomas, .Cullen, Hepburn, Miller, Townsend, Amos Civil Service, if desired, in the absence of objection . Davis, George R. Hill, More11 Urner, Mr. STEELE. Then let it be so referred. Davis, Lowndes H. Hiscock, O'Neill, Valentine, The resolution was referred to the Committee on Reform in the Civil Dawes, ffitt, Page, Wadsworth, Deuster, Holman, Payson, Walker, Service. Dingley, Horr, Pell'OO, Washburn, ORDEB OF BUSINESS. Dwight, Humphrey, Ranney Webber, 'Errett, · .Jacobs, Rich, ' Mr. TOWNSHEND, of illinois. I move that the House do now ad Farwell, Chas. B. .Joyce, Richardson, D. P. _;:m~.s. journ. 1882. CONGRESSIONAL RECORD-SENATE. 69 The SPEAKER. Several gentlemen have bills which they desire to By Mr. KETCHAM: The petition of Eastmead & Luce and 15 others, introduce. Will the gentleman from Illinois withhold his motion for tobaCco dealers of Poughkeepsie, New York, for a rebate equal to the that purpose? amount of reduction that may be made in the tax on tobacco, cigars, llr. TOWNSHEND, of Illinois. I will for that purpose. &c.-to the same committee. \ CLINTON D. SMITH. By Mr. MARSH: ThepetitionofM. L. Hooverandothers, citizensof Mr. BROWNE, by unanimous consent, introduced a bill (H. R. 6946) Bushnell, and ofL. W. Clark, M.D., and others, citizens ofRushvill~ for the relief of Clinton D. Smith; which was read a first and second in the State of Illinois, for such revision of the tariff as shall plare the time, referred to the Committee on Invalid Pensions, and ordered to be articleoflumberandotherproductsofthe forest on the free-list-sever ally to the same committee. printed. EXTENSION OF CHESAPEAKE .AND omo RAILW .AY. By .l\Ir. MILLER: The petition ofWilliam Gibson and others, relative , · to the pension claim of Abraham Levison-to the Committee on Invalid Mr. J ORGENSEN, by unanimous consent, introduced a bill (H. R. Pensions. 6947) to authorize the extension of the Chesapeake and Ohio Railway . By Mr. NEAL: The petition of G. Buckingham and 70 others, citi to a point on the military lands at Fortress Monroe, Virginia; which zens of the District of Columbia, in reference to the confinement of was read a first and second time, referred to the Committee on Military boys and girls in the workhouse of the District-to the Committee on · Affairs, and ordered to be printed. the District of Columbia. INTERN.A.L-REVE:NUE T.A.X ON TOBACCO, SNUFF, ETC. By Mr. NOLAN: The petition of Margaret Kempf, widow of Peter Mr. KASSON, from the Committee on Ways and Means, presented Kempf, late first lieutenant Company F, Fifty-eighth New York Vol the views of the minority on the bill (H. R. 6563) to abolish the inter- unteers, for a pension-to the Committee on Invalid Pensions. nal-revenue taxes on tobacco, snuff, cigars, and cigarettes, and for other By l'tlr. RITCHIE: The petition of L. Franc & Co. and others, of To purposes; which was ordered to be printed in connection with the said leao, Ohio, for extension of the bonded period on whisky already manu- bfll and report of the committee thereon. factured-to the Committee on Ways and Means. LEAVE OF .ABSE...~CE. By Mr. G. D. WISE: ThepetitionofphysiciansandsmgeonsofRich· mond, Virginia, for the erection of a fire-proof building for the Army By unanimous consent leave of absence was granted to Mr. MosGROVE Medical Museum-to the Committee on Public Buildings and Grounds. until the 3d of January, 18A3: on account of ill health, and to Mr. ORTH Also, the petition of manufacturers and dealers in tobacco of Lynch- indefinitely, on account of severe illness. burgh, Virginia, for a rebate in the event of the repeal of the tax on .ACCOUNTS OF FIRST COMPTROLLER. tobacco-to the Committee on Ways and Means. The SPEAKER, by unanimous consent, laid before the House a let ter from the Secretary of the Treasury, t-ransmitting copies of accounts rendered to and settled with the First Co1:9-ptroller for the :fiscal year ending June 30, 1882; which was ordered to lie on the table. SENATE. .DOCUMENTS .AND PROPERTY IN CUSTODY OF THE DOORKEEPER. The SPEAKER also, by unanimous consent, laid before·the House a THURSDAY, December 7, 1882. letter from the Doorkeeper of the House of Representatives, t-ransmit Prayer by the Chaplain, Rev. J. J. BULLOCK, Ji). D. ting a list of all documents in the folding-room December 41 1882, to JoHN·!. MITCHELL, a Senator from the State of Pennsylvania, and gether with an inventory of all property under his. control August 19, M. C. BUTLER, a. Senator from the State of South Carolina., appeared 1882; which was referred to the Committee on Accounts, and ordered in their seats to-day. to be printed. The Journal of yesterday's proceedings was read and approved. ORDER OF BUSINESS. Mr. TOWNSHEND, of Illinois. I now renew the motion that the PETITIO:NS .AND MEMOR~LS. House adjourn. Mr. VOORHEES. I present a petition of citizens of Saint Joseph . The motion was agreed to; and accordingly (at 4 o'clock and 5 min County, Indiana., signed by Jasper E. Lewis and 423 others; and also utes p.m.) the House adjourned. one from 111arion County, Indiana, signed by Edward McDevitt and 250 others, praying for the passage of the bill (H. R. 1410) to amend the pension laws by increasing the pensions of soldiers and sailors who have PETITIONS, ETC. lost an arm or a leg in the service. I move their reference to thQ Com- The following ·petitions and papers were laid on the Clerk's desk, mittee on Pensions. · under the rule, and referred as follows: The motion was agreed to. By Mr. BUCK: The petition of F. W. Dean and others, of Glaston- Mr. CAMERON, of Wisconsin. I present a siiD.ilar petition from- bury, Connecticut, for increase of duty on Sumatra tobacco-to the ·residents of Milwaukee County, Wisconsin, and I move that it be re- Committee on Ways and Means. ferred to the Committee on Pensions. · By Mr. J. C. BURROWS: The petition of A. W. Murphy and others, The motion was agreed to. . of Kalamazoo, Michigan,.for an extensionofbonded period on alcoholic Mr. SHERMAN. I presentthreesimilarpetitions, very numerously spirits-to the same committee. signed by citizens of Ohio, upon the same subject, and move their refer- Also, the petition of R. A. Stone and others, for rebate equal to the ence to the Committee on Pensions. · · • amount of any reduction that may be made in the tax on tobacco-to The motion was agreed to. ihe same committee. Mr. MoDILL. I present a similar petition from 494 citizens of Casa · By Mr. CABELL: The petition of manufacturers and dealers in to- County, Iowa, praying for the passage of the same bill. I move the ba.cco, ofDa.nville, Virginia, for the repeal of the tax on tobacco, and reference ofthe petition to the Committee on Pensions. · for a rebate equal to the amount of any reduction that may be made iB The motion was agreed to. the tax-to the same committee. Mr. VEST. ) present a. number of similar petitions from citizens of By Mr. CANNON: The petition of H. E. Lapham and others, citizens the State of Missouri, which I move be referred to the Committee on of Champaign County, Illinois, for such revision of the tariff as shall Pensions. place lumber and other products of the forest on the free-list-to the The motion was agreed to. same committee. 11Ir. INGALLS. Simultaneouslywiththepetitionsalreadypresented, By 1tlr. CHAPMAN: Papers relating to the claim of Dr. Samuel A. Ipresentthepetitionof294citizensofWyandotteCoun:t1, Kansas, p-ray- Mudd-to the Committee on Claims. ing for similar action, and I move that it be referred M the e the Senator from 1\:I:U so uri hae those amendments, aml h.:wing so much respecttor the opin iou struction is always wry imperfect, and the best mea.:w · of security is a of the committee I do not know that I sh:.tll offer any further oppo'ition judicial investigation. That is what seems to me; ::md if so and if the to the meru ure. Court of Claims, these bonds being overdue o that they can' be sued !h. MORRILL. Mr. l)Tesident, I desil'e to say a ingle word in re ()D, would have the power to in>estigate this case anll if this gentleman lation to this case. It was wry laborim.tRly and carefully considered by .ean show tha.t he wae been the Committee on Finance. We found that the party losing tho oonds destroyed he can get his money. If not, he can not. had exercised all diligence possible i11 order to notifY the world a,ml the Mr. SHERl\IAN. Upon e:s.aminiJ?,g the bill I am indined to think SecTetaryofthe Treasury of the United States of the lo!'ls. I think that that the bonds were the 5-20 bonde years, nnd they wel'e legally dne destroyed. Other bonds due to the same pa1iy from various corpomtiorus when called. That has always been the ruling of the T>epartme11t on weTe paid; the corporations haYe J'eceived the evidence of the destruc such cases, I know. tion of their bonds and ha,>e p:lill in eyery instance to t11 e e.st..'ttc the But the answer to the othel' point made py the Senator fTom Ver amount that was due. mont (:Ur. ED::U:'CND ], the answer that has always been gi>en, is that The ComptrolleT of the Trea ury ::mel the , 'er~-eta.ry of tl1e '.:Pireasury as the law points out a remedy to secmo the payment of lo t bonds, at ~he time hacl no sort of doubt that the e hondocal in every respect. I do not tbink there is a-doubt about in the Court of Claims. I do not know whether that has been adjudi the de truction of the bonds. The Teport wa matle after consideration cated or not. by the Committee on Finance unanimously, and I do not thin]- there ~r. COCKRELL. \\ill the Senator from Ohio :mswcr whether a is the slighte t risk on the part of tbe Gowrnment in haYing tl1is hill mere cumulative and short remedy provided for an adjustment of a passed. claim in the Treasmy Department would bar the claimant from suing l\Ir. COCKRELL. I haYe in my hands the report of the Committt'.e on a contract where the statute gixcs the Court of Claims expre.'3l juris on Claims ma.deJanua.ry14, 1880, in thecaseof ' 4 thememori~lof Ahhy diction of all cases upon contract between the -nited dates and any A... llam and Eliza.beth H. Brov.rn, of Provi.dence, Rhode Island, sole dc party? Would this be a rep~ of that or take away the right? vi