1882. CONGRESSIONAL RECORD-HOUSE. 2487 ~­ And this provision of the bill will not abridge the rights of any AMERICAN CITIZENS IN PERSIA. claimant. My friend from Tennessee [Mr. PETI'IBONE] suggests The SPEAKER, by unanimous consent, laid before the Honse the that the small claimants would naturally drop out. Why sot He following message from the President of the United States; which, asserts that the testimony has already been taken in the larger part with the accompanying documents, was referred to the Committee of these cases. If so, then I repeat again that all the testimony is on Foreign Affairs, and ordered to be printed: submitted to the Court of Claims exactly as it would be submitted to the Commissary or Quartermaster-General. !1;b the House of Representatives: Mr. REED. Will the gentleman allow mef I iransmit herewith a. report of the Secretary of State and accompanying doc­ uments, in response to a. resolution of the Honse of Representatives of February Mr. BU'ITERWORTH. Not in my five minutes. I will give you 13, 1881, touching the protection of American citizens in Persia., a.nd the establish­ all the time you want to-morrow, but not to-night. ment of diplomatic relations with that country. Mr. REED. Right here, you must be mistaken about the provis­ CHESTER A. ARTHUR. ion of your bill, for it provides that "nothing shall be so con­ EXECUTIVE MANSION, March 30, 1882. strued"-- The result of the vote on the motion to adjourn was then announced; The CHAIRMAN. The gentleman declines to yield. and accordingly (at five o'clock and thirty five minutes p.m.) the Mr. REED. I want to point out a mistake he has made. House adjourned. Mr. BUTTERWORTH. I have made no mistake in stating what the bill provides. Now, one word further. It is the custom in this House, and in other bodies I suppose, for lack of a better argument, to sug­ PETITIONS, ETC. gest that a measure in question will be in the interest of some par­ The following memorials, petitions, and other papers were laid on ticular class of persons. Such suggestions are very far-fetched. I the Clerk's desk under the rule, and referred a-s follows: expre~ed regret that the adoption of this clause would throw out of By Mr. BA.ID: The petition of J. M. Montgomery and others, ex­ employment a number of men; but at the same time I stated that soldiers of the Twenty-third Congressional District of Pennsylvania, the measure was in the interest of economy in the administration of for the passage of the bill to establish a soldiers' home at Erie, Penn­ public affairs, and that I supported it for that reason. sylvania-to the Committee on Military Affairs. Now, Mr. Chairman, this measure had its origin in an interview Also, the resolutions adopted at a meeting of Irish-American citi­ with the Acting Quartermaster-General, in which he reviewed this zens of Pittsburgh and Allegheny, Pennsylvania, calling for the im­ whole system of investigating claims. He was charged with the in­ mediate release of all Irish-American citizens who are incarcerated vestigation of claims in a particular section of the country, and he in British jails-to the Committee on Foreign Affairs. knew more in one minute about the practical workings of the sys­ By Mr. CURTIN: The petition of citizens of Pennsylvania, in favor tem than some of the opponents of this clause know in a month. A. of the establishment of a soldiers' home at Erie, Pennsylvania-to conversation between the sub-committee and that officer resulted in· the Committee on Military Affairs. the drafting of this clause of the bill, because he felt, as did the Also, the petition of Colonel A.udley M. Gazzam, for a pension-to sub-committee, that such a measure as this would secure speedier the Committee on Pensions. justice to honest claimants, and that there would be less liability of By Mr. GEORGE: Memorial of the Legislature of Oregon, for an the Government being imposed upon by dishonest claimants. This appropriation of 10,000 for the improvement of the military road is what prompted the introduction of this clause. from Scottsburgh to Camp Stewart-to the Committee on Appropria­ The CHAIRMAN. The time limited by the Honse for general de- tions. bate has expired. Also, a memorial of the Legislative Assembly of the State of Ore­ Mr. BUTTERWORTH. I move that the committee rise. gon, for an appropriation of $15,000 for the improvement of the mili­ The motion was agreed to. tary road from Camp Stewart to Fort Klamath, Oregon-to the same The committee accordingly rose; and the Speaker having resumed committee. the chair, Mr. HASKELL reported that the Committee of the Whole By Mr. LA.DD: The petition of the heirs of Thomas Lewis, relative • House on the state of the Union having had under consideration the to the French spoliation claims bill-to the Committee on Foreign bill (H. R. No. 5559) making appropriations for the support of the Affairs. Army for the fiscal year ending J nne 30, 1883, and for other pur­ By Mr. MANNING: Memorial of the Legislature of Mississippi, poses, had come to no resolution thereon. relative to the waiver of forfeiture of grant in aid of the Gulf and Mr. RANDALL. I rise to enter a privileged motion. There is a Ship Island Railroad-to the Committee on the Public Lands. desire on this side of the House that there be further time for gen­ By Mr. MOSGROVE: The petition of soldiers and sailors of the eral debate on the Army appropriation bill. I therefore enter a late war, for the passage of the bill granting one hundred and sixty motion to reconsider the vote by which the Honse limited general acres of land to all honorably discharged soldiers and sailors who debate. served during the war of the rebellion-to the SelectCommittee on The SPEAKER. Does the gentleman desire the question put on the Payment of Pensions, Bounty, and Back Pay. the motion. at this time. By Mr. PAGE : The petition of citizens of the Pacific coast, for Mr. RANDALL. I am willing in that respect to consult the wishes the passage of the bill to incorporate the Maritime Canal Company fJf the gentleman having charge of the bill. of Nicaragua-to the Committee on Foreign Affairs. Mr. BUTTERWORTH. If it is the desire to have an hour more By Mr. PETTIBONE: Papers relating to the claim of J. A. Gal­ for debate in the morning I am quite content. This is an important braith, of Greenville, Tennessee-to the Committee on Claims. measure. By Mr. RANDALL: The petition of Lelar & Co., of Philadel· Mr. TOWNSHEND, of Illinois. Let it be done by unanimous con­ phia, and others, against the passage of the bill imposing a tax on sent. native wines-to the Committee on Ways and Means. The SPEAKER. Is there unanimous consent that when the House By Mr. SCRANTON: The petition of officers of the Thirteenth shall again go into Committee of the Whole for the consideration of Regiment National Guard of Pennsylvania, for the passage of the the Army appropriation bill one hour more be allowed for general bill for the reorganization of the militia-to the Committe on the debate f · Militia. Mr. BU'ITERWORTH. To be divided equally, one half under the By Mr. SPEER: The petition of Henry Diggs, relative to the control of myself and the other half controlled by some gentleman French spoliation claims bill-to the Committee on Fore~n Affairs. representing the other side. By Mr. V A.NCE: The petition of Jearum Atkins, praymg for re­

Mr. RANDALL. The gentleman from Ohio may control the whole lief as the inventor of the self-rake for harvestin!J'0 machines-to the hour with the understanding that he shall give half to each side. Committee on Patents. The SPEAKER. The Chair hears no objection to the proposition, By Mr. W A.RD : The resolutions of the Maritime Exchange and and it is agreed to. Board of Trade, of Philadelphia, Pennsylvania, protesting against Mr. CANNON. I move to reconsider the vote by which general the extension of the steam grain-shovel pa.tent-to the same com­ debate on the Army appropriation bill was limited to two hours, and mittee. that the motion to reconsider be laid on the table. The latter motion was agreed to. PROPOSED ADJOURNMENT TO MONDAY. HOUSE OF REPRESENTATIVES. Mr. KLOTZ. I move that when the House adjourns to-day it ad- 1ourn to meet on Monday next. SA TURDA. Y, April 1, 1882. The question being taken, there were-ayes 32, .noes 28. Several MEMBERS. No quorum. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Mr. .ALDRICH. I move that the Honse adjourn. F. D. POWER. The motion was agreed to. The Journal of yesterday was read and approved. Before the announcement of the result, the following business was DES MOINES RAPIDS. transacted. Mr. THOMPSON, of Iowa, by unanimous consent, from the Com­ LEAVE OF ABSENCE. mittee on Claims, reported back the bill (H. R. No. 2295) for the By unanimous consent, leave of absence was granted as follows: relief of certain employes on the work for the improvement of the To Mr. CABELL, for one week; Des Moines Rapids of the Mississippi River; which was referred to the To Mr. DEZE:m>ORF, for four days; and Committee of the Whole House on the Private Calendar, and, with To Mr. HUMPHREY and Mr. DAWES, for to-morrow. the accompanying report, ordered to be printed. 2488 CONGRESSIONAL RECORD-HOUSE. APRffi f,

MARTHA J. COSTON. Mr. MUROH. There is no necessity of any further reading of the On motion of MvVANOE, .by unanimous oonsent, the bill (S. No. bill. I object, and demand the regular order of business. 706) for the Telief of -Ma.rtha. J. Goston -was taken from the Speaker's ADDITIONAL ACCOMMODATION IN INTERIOR DEPARTMENT. table, read a first a.nd second· time1 re(erred to · the Committee on Mr. SHALLENBERGER. I move, Mr. Speaker, by unanimous Patents, and ordered to be -printed. consent to take from the,Speaket'e table the me sage of the Senate FREEDMAN'S SAVINGS AND TRUST COMPANY. returning the bill (S. No 1361) to provide additional accommoda­ tion for the Department of the. Interior with a disagreement in the Mr. CRAPO. Mr1.• ~P~~ke\', I move)>y:unanimous consent to take from the Speak~r's . tab! ' th~ b.in : ~ · ~o ' ~5~4) to facili,tate the pay­ House amendment, and asking for a committee of conference. ment ofdividend to the creditors Qf .the Freedman's Savings and Trust There was no objection. Company fop consideration at this tin;J.e~ . Th~ purpQse of the bill is Mr. SHALLENBERGER. 1 I now move that the House insjat on to facilitate the payment of dividends to th~ depositors of the Freed­ its amendment and agree to the conference asked by the Senate on man's Savingsand.Tr~t Company The Comptroller of the Currency the disagreeing votes of the two Houses. is ready to make the .divide~dpbut.in his opinion some legislation is The motion was a~reed to. needed as to the method of issuing the checks to the creditors of that The Speaker appomted as managers of said conference on the part bank. of the-House Mr. SHALLENBERGER; Mr. · DE MOTTE, and }rfr. SIN­ Mr. SPRINGER. Let it be ...,read f!11Pj~c~ ;t? objection. GLETON of illinois. The bill was rea.d, as follows: ORDER OF· BUSINESS. Be it enacted, cfc., That secti_on 6 o~ th~ act amending the charter of the Freed· Mr. SPRINGER. I demand the regular order. man's Savings and Trust Company, and for other purposes, approved February The SPEAKER. The regular order is the morning hour for the 21, 1881. be, and the same is hereby. amended to read as follows: call of committees for reports. " That whenever said com:missioner is prepared to make a. dividend to the depos­ }rfr, PACHECO. I desire to appeal to my friend on the other aicle itors, he is authorized and directed to declare a.nd &~~!uch dividend in favor of the creditors of the bank who have prov(ld their c · as provided bylaw, with ofthe House not to insist upon his demand for the re~arorder un­ checks upon the Treasurer of the United States, or the aasistant treasurer ofthe til I can have an opportunity of asking consent to take up and have United States at the city of New YoU. with such written signatures as may be passed House bill 77, which relates to a matter of great importance approved by the Secretary of the Treast,lcy." . to the people of a portion of California. There was uo objection; and the bill was taken from the Speaker's The SPEAKER. Unless the demand for the regular order is with­ table and read a first andcsecond time. drawn the Chair will be unable to recognize any gentlema:t. The Mr. RANDALL. I hope the gentleman from Massachusetts will regular order is the morning hour for the call of committees for make some explanation of the hilL reports. Mr. CRAPO. This bill, which has passed the Senate, has had the INTERNAL-REVENUE STAMPS, ETC.-DEFICIENCY APPROPRIATIONS. consideration of the Committee on Bankin~ and Currency of the House and their approval. The point is this: under the law as it Mr. HISCOCK. I desire at thjs time to make a report from the stands now the distribution of these dividends must be made through Committee on Appropriations of a bill which, after it has been read the depositaries in the neighbo~ood of the claimants. There are for the information of the House, .I will ask to have considered at some thirty thousand.of them, ..and the Comptroller of the Currency is this time. of the opinion th~re may be confusion and error in making that kind The SPEAKER. Is it a privileged report f of disbursement, and that after~ proper identification of the parties Mr. HISCOCK. It is not a. general appropriation bilL It does payment should be made by checks from the Department as in the make an appropriation. · case of paying GovernmentJnterest on .registered bonds and other Mr. SPRINGER. Let it be read. indebtedness of the United States. The SPEAKER. The title of the bill will be read. The bill was ordered. to a third .reading; and it was accordingly The Clerk read as follows: read the third time, and passed. A bill making appropriations to supply a deficiency for dies, paper, and stamps Mr. CRAPO moved to reconsider the vote by which the bill was for the fiscal year 1882, and. to continue work on the Washington Monument for • passed; and also moved that the motion to reconsider be laid on the fiscal year 1883. the table. Mr. HISCOCK. I desire to say in reference to this appropriation The latter motion was agreed to. that the amount appropriated for the purpose of dies and stamps for SAINT VINCENT A PORT OF ENTRY. the Internal Revenue Department is absolutely exhausted, and un­ less an a.ppropriation is made for the purpose as proposed by that Mr. WA.SHBPRN. I move, Mr. Speaker, by unanimous consent bill the work will to-day be ·suspended. to take from the House Calendar the ,bill (H. R. No. 814) making Mr. HOLMAN. I would like to ask the gentleman a question, and Saint Vincent, in the State of Minnesota, a port of entry in lieu of shall withhold any objection I may have to the bill until I obtain the Pembina. information I desire. I :find on examination that the whole sum esti­ Mr. RANDALL. Let the bill be read subject to objection. mated for that Bureau for the present fiscal year wa-s appropriated. Mr. WASHBURN. The effect of the bill is simply to transfer the Now, as I understand the gentleman from New York, the fund set custom-house from one side of the river to the other. The old one apart for that purpose has been exhausted, leaving a deficiency of was burned about a year and a half ago, and in the mean time a rail­ over 25 per cent., for three entire months of the current fiscal year road has been built on the apposite side of the river, where all the are yet to expire. This seems to be an extraordinary deficiency, and business is being done. It is to transfer the custom-house from one I should like to have the gentleman from New York explain it to the side to the other. It does not add a. dollar of expense. House. Mr. FLOWER. That is right, to my personal knowledge. Mr. HISCOCK. The explanation I have to make in reference to The bill was ;read, as follows : , the matter is that this service depenw entirely upon the amount of Be it enacted, lie., That Saint Vincent, in the State of Minnesota, be, and is distilled spirits manufactured or withdrawn from bond, and depend­ hereby, created the port of entry for the collection district of Minnesota, in place ing as it does upon the extent of that manufacture or withdrawal, of Pembina, in the Territory ofl)ako~; - that from and after t.b.e date of the pas­ sage ofthis act Pembina shilll cease to be a port of entry of the United States; it is utterly impossible for the head of the department to correctly that the: collector of customs for the collection district of Minnesota shall reside at estimate the amount which will be required. Saint Vincent; and sections ~595 and 2596 of the Revised Statut-es are hereby Mr. HOLMAN. The gentleman means that it is impossible to amended accordingly. estimate for the amount taken out of bond, not the amount manu­ The bill was taken from the House Calendar, ordered to be engrossed factured. and read a third time ; and..being engrossed, it was accordingly read Mr. HISCOCK. I am speaking of the difficulty of estimating as to the third time, and passed. the amount manufactured or withdrawn from bond. Mr WASHBURN moved.to reconsider the vote by which the bill Mr. HOLMAN. Then the printing of internal-revenue stamps wa-s passed; and also moved that the motion to reconsider be laid on alone is the cause of this increase f_ the table. Mr. HISCOCK. There is a deficiency arising from another source, The latter motion was agreed to. and I will ask to have read in this connection a letter from the Com­ nnssioner of Internal Revenue. It will explain it fully. NIOBRARA lND!Ali" RESERVATION. The Clerk proceeded to read the letter. Before concluding, Mr. VALENTINE. I move by unanimous consent that the Com~ Mr. R.A.NDAL.L. I must object to the consideration of this bill, mittee of the Whole House on the state of the Union be dischar~ed and I do so because the House should have an opportunity of exam­ from the further consideration of the bill (H. R. No. 2997) granting ining into this subject. I do not object, of course, to the ~entleman the right of way to the Fremon~t Elkhorn Valley and Missouri River reporting the bill, and that it be printed for the information of the Railroa-d Company across the .Niobrara military reservation in the House, so that we may have an opportunity of criticising it, as it State of Nebraska, and authorizing the sale of a portion of said res­ seems to my mind an u,nexamp~ed deficiency. ervation. Mr. IDSCOCK. ~' I desire to say to the gentleman from Pennsylva­ Mr. R.Af'il)ALL. Has. i~ been ,reported by a committee of this nia that we have not introduced a bill making an appropriation for House¥ the whole of these items. This is only an appropriation for the item . Mr. VALE~TIN.Ef. ,, Ye~;J, ; 1 it gr~~~e.Iigh~ofwaythrougha mil- of dies and stamps. £or .whlch .we.ask immediate consideration. The ttary, reservation.. . portion of the letter which has been read so far does not explain the Mr. CLARK. I reserve the right to object. whole character of the deficiency. The Clerk proceeded tore~ the bill. Mr. RANDALL. • Let the letter be printed entire. '!'he bill itself 1882. CONGRESSIONAL RECORD-HOUSE. 2489 should have its consideration in Committee of the Whole on the state In the act making appropriation for this purpose for the vresent year is a clanse ofthe Union. providing that not exceeding $49,000 of the amount a.I'propnated maybe expended m the payment of persons employed in connection With the manufacture of paper, Mr. HISCOCK. Then I ask that the bill be printed and referred to and the production, cnstody, and issue of stamps. This amount was based on t.he the Committee on Appropriations, with leave to report at any time. estimates of this office for the persons necessarily thus employed in this bureau Mr. RAlfDALL. I object to that. The gentleman can report his bill and the paper-mills. Under a decision of the First Comptroller of the Treasacy however, this amount of $49,000 has been held to also include that part of the ex­ and have it referred to the Committee of tbe Whole House on the state penses for the payment of persons employed under direction of the Secretary of the of t.be Union until we can have an opportunity of examination, and Treasury in counting and sorting the paper after its receipt from the mills; so that I can assure him, on my parl, that if we have an opportunity I shall the sum available for payment of persons employed in this bureau and the paper­ have no objection to its being considered promptly; but before there mills herein mentioned is thus reduced to about $42,000. I would therefore recommend that in making appropriation of the sum of $170,000, is an opportunity for this examination I must insist upon the objec­ herein shown to be required, authority be granted to expend $7,000 of it, if neces­ tion. sary, for the payment of persons empfoyed in connection with the manufacture of The SPEAKER. The gentleman fromNewYorkasksthat the bill paper and custody and issue of staiDJIS, in addition to the $49,000 pecified in the be printed and recommitted. act of March 3, 1881, referred to herem. The appropriation of these amounts should be made at the earliest practicable Mr. RANDALL. I have no objection to that. moment, so as to meet the current expenditures of the service. The SPEAKER. With the right to report at any time. Respectfully, Mr. RUDALL. That I do object to. Thisisnotageneralappro­ GREEN B. RAUM, Oommisaioner. priation bill. The Honorable ::;ECRETARY OF THE TREASURY. Mr. HISOOCK. But why object to reporting it at any timeT OFFICIAL RECORDS OF THE REBELLION. Mr. RANDALL. Well, I want to maintain tlie opportunity on my part to have a full examination into the subject-matter embracedin Mr. SPRINGER. I rise to make a privileged report. I am directed the bill. It may be thrust upon the House some time when we are by the Committee on Printing to report back without amendment not prepared to consider it properly; and for this reason I must in­ the joint resolution (H. R. No. 150) concerning the publication and sist upon the objection, nor do I believe that I am unreasonable. distribution of the Official Records of the Rebellion ; and I ask for its Mr. ATKINS. I hope the gentleman from New York will allow the present consideration. bill to take that cour e. As far as I ·am concerned as a member of The joint resolution was read, as follows : that committee I felt forced from necessity to agree to this bill, simply Resolved, &c., That there sh.all be republished 7,000 copies of the first, second, because the Commissioner of Internal Revenue says he cannot get and third volumes of the Official Records, Union and Confederate, of the War of the along without it, and when he comes witha statement ofthatkind, R ebellion, authorized to be published by the "act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June 30, 1881, unless we have rebutting facts, it is impossible for me to withhold and for other purposes," approved June 16, 1880, to be distributed in the manner my con ent to the appropriation. following, namely: 4,500 copies thereof shall be distributed by the Secretary of the Mr.RANDALL. Iwanttoseeifthereareanyrebuttingfacts. We Interior, at the request of Representatives and Delegates in Congress of the Forty­ gave the full amount estimated for the current fiscal year, and we, seventh Congress. Each Representative and Dele(J'ate sh:ill funiish the Secretary of the .Interior with the names and addresses of Hfteen public, college, or school those of us who are not members of the committee, want to exam­ librarie!l, or of individuals of his Congressional district or Territory, as the case ine how this deficiency has arisen; how in nine months an amount may be, to which addresses shall be sent the said volumes 1, 2, and 3; but one estimated for twelve months has been expended. volume of each of which shall be sent to the address of the Representative or Dele­ The SPEAKER. The gentleman from New York [Mr. HiscocK] gate, unless otherwise ordered by him. The remaining 2,500 copies of volume 1, 2, and 3 of said official records herein authorized to be republished shall be dis­ asks that the bill be printed and recommitted. In the absence of tributed aa follows: 1,000 copies, or aa many thereof aa may be necessaq, may objection it. will be so ordered. be distributed by the Secretary of War among those persons who have contributed There being no objection, the bill (H. R. No. 5573) was read a first valuable documentsbby gift or loan, to the records aforesaid; 1,000 copies for the and second time, recommitted to the Committee on Appropriations, use of the Interior apartment, for the supply of public, university, and college libraries; and 500 copies to be delivered to the Secretary of the Interior to be sold and ordered to be printed. for cost of publication with 10 fer cent. in ac4idition thereto. The Public .Printer The SPEAKER. Does the gentleman from Pennsylvania desire shall fu.rniSh to the Secretary o the Interior a statement in writing of the amount the letter to be printed oth.erwise than in the REcoRD f to be charged for each volume of said records under this joint resolution; and the same may be sold in single volumes or by subscription for entire sets, each volume Mr. RANDALL. No, sir; my object in desiring it to be printed to be paid for on delivery. in the RECORD is that we may all see it. SEc. 2. That the publication of the Official Records of the Rebellion after volume The SPEAKER: In the absence of objection, the letter will be 3 shall be 10,000 copies, to be distributed by the Secretary of the Interior to tke printed in the RECORD. addresses furnished him by Representatives and Delegates in Congress, as pro· vided in the first section of this joint resolution, namely, 4,500 copies; to the War The bill is as follows : Department for the use of the Executive Departments, 1,000 copies; to the War A bill making approp1iations to supply a. deficiencv for dies, paper, and stamps Department for the use of persons who have contributed valuable documents, by for the fiscal year 1882, and to continue work on the Washington :Monument for ~or loan, to the records aforesaid, 1,000 copies; to the Interior Department for the fi~cal year 1883. the supply of public, nniversity, and college libraries, 1,000 copies; to Senators in Be it enacted by the &nate and House of RepreJJentativeJJ of the United StateJJ of Congress, 2,000 copies; and for sale as provided in section 1 of this a.ct, 500 copies. America in Oongl'eJJS assem-bled, That there is hereby appropriated out of any money in the Treasury not otherwise appropriated the following sums for the purposes Mr. DUNNELL. I desire t-o ask the gentleman from illinois why hereinafter mentioned: in this case there is a new departure in the method of distribution f For dies, paper, and stamps, $170,000, being a deficiency for the service of the Government for the fiscal year ending June 30, 1882; and not exceeding $7,000 of Mr. HOLMAN. I reserve the right to make the point of order. this amount may be expended in the payment of persons employed in counection Mr. DUNNELL. I wish to know what should call for a wholly with the manufacture of paper and the production of stamps and their custody and new method of distribution. It is rather a reflection on a member care. of Congress that in this instance he is supposed not to be competent For marble, granite, iron frame-work, machinery, toolS, labor, office expenses, and for each and every purpose connected with the completion of theWa.shington to distribute the public documents which come into his hands. The monument, $150,000, being for the fiscal year ending June 30, 1883. joint resolution, as I understand, takes out of his hands entirely the 'I'he letter ordered to be printed in connection with the above bill distribution of this work. is as follows : Mr. SPRINGER. The gentleman is mistaken. TREASURY DEPARTMln.'T, OFFICE OF INTERNAL REVENUE, Mr. DUNNELL. Let me say one word further before the gentle­ Washington, March 23, 1882. man from Illinois replies. We have of this volume first mentioned Sm : It is estimated that the deficiencies for the internal-revenue service for the 4,500 copies. We get about three and one-third copies for each mem­ present fiscal year will be as follows, namely: appropriation for "salaries and ex­ ber on a thousand. We will therefore of this volume get about four­ penses of agents and subordinate officers of internal revenue, 1882," $210,000 ; ap­ teen sets. But the bill provides for the distribution of fifteen sets propriation for stamps, paper, and dies, 1882, $170,000. In regard to the first item I would state that the extraordinary increase in the production of distilled spirits by the Secretary of the Interior, and does not leave a single volume during the present fiscalJ,ear caused -an expenditru·e for the services of store­ to be disposed of by the Representative. I am not unwilling, Mr. keepers and gaugers grea . yin excess of the sum appropriated therefor. Speaker, that a portion of these books shall be thus distributed, but The amount appropriated for salaries and expenses of agents, fees and there is here and there an individual in a district who is quite as much entitled to a copy of this book as a library even; and in ~!f;~::~s~~ ~~~~~~: -~~~- ~~ _s_~~~~~~~-~-·. ~~·: -~~~ ~~- ~~~~~ ~-s-- $2, 100, 000 The records of this office show that dming the seven months ending some instances there might not be fourteen public libraries to take January 31, 1882, there bas been expended from this appropriation, __ 1, 2:17,339 up these books. I do not quite like the manner of distributing those volumes, and I hope the gentleman from lllinois will be u.ble to make 822 661 availa~?eaJ.~~~h~:;;:s~!·i~{· tb-~ ~~:rl ·fi~;; ~~~ths·. · · ·-· · · · ·-- · · · ·- -- · · • it clear that this is a

The report was read as follows: Mr. SPRINGER. The gentleman from Minnesota [Mr. DUNNELL] The Committee on Printin~, to whom was referred joint resolution (H. R. No. made a statement in regard to thls resolution which is entirely erro­ 150) concernin~ the publication and distribution of the Official Records of the neous. The House, therefore, is not advised, I am sure, of its p1H"­ Rebellion havmg had the same under consideration, submit the following report: port. Hence, I ask unanimous consent to explain the resolution The act entitled "An act making appropriations for the sundry civil expenses that the House may understand its provisions. of the Government for the fiscal year ending June 30, 1881, ana for other pur­ poses," approved J~e 16, 1880, authorized the public~tion of 10,0~0 copies of t~e 1 Under the law, as it now exists, 10,000 copies of this publication Official Recor

Mr. REED. Is there any resolution or law which continues the provided for the case where the printing is actually for the use of publication at the present number f the Honse or the two Houses in their current business· because the Mr. SPRIN"GER. There is not. The Committee on Printing was terms of t~e third cla~e.of Rule ~I would ~nbject a~y report from of tll:U; opinion, that the distribution by members of Congress of a the Committee on Pnnting to the pomt that 1t must receive its first work which in order to be valuable must be distributed in complete consi~eration in Committee of the Whole, there being no exception sets should be discontinued, and we should start out anew in the made mfavor of reports from that committee. But it is too clear it distribut ion of this work so as to put, as far as possible, complete seems to me, to be a matter of discussion that when the committee sets of this publication in the libraries of the country. report any matter not involving the current business of either House Mr. REED. Then the point I have made is a good one, that the it is subject to the operation of the third clause of Rule XXIII. ' twenty-two copies I have already distributed will have to go com­ Mr. SPRINGER. I call the attention of the Speaker to an extract panionless. beginning at the bottom of page 238 of the ManuaL I send it to the Mr. SPRINGER. Yes, sir. Clerk's desk to be read. Mr. REED. It seems to me that is not wise. The Clerk read as follows: :Mr. SPRINGER. We must either do that or continue the present A right to report at any time carries with it the right to consi.der the matter wasteful distribution until it reaches one hundred volumes instead w~en reported. (Jonrnal 1, 32, p. 195.) And where authority is given to a. com­ nnttee to make a report at a particular time the right follows to consider the of three volumes. report when made. (Journal1, 22, p. 1409.) Mr. TOWNSHEND, of Illinois. Will it not be better to let this matter go to the Committee of the Whole 7 Mr. HOLMAN. That clearly cannot be the law of the House now Mr. SPRINGER. We want to stop the waste that is now going because if so it would nullify the third clause of Rule XXIII. ' on, so that instead of having a hundred volumes of this work dis­ The SPEAKER. The gentleman from Texas [Mr. REAGAN] makes is tributed all over the country without reference to complete set.::~J it the point of order that this joint resolution not a privileged matter shall be placed in libraries in complete sets where it will be of some so far as to be entitled to present consideration. The Chair under­ value. Gentlemen must remember that this work is worth nothing stands that by paragraph 47 of Rule XI the Committee on Printing is for general reading, but only as a matter of record and reference. authorized to report at any time " on all matters referred to them of Mr. REAGAN. I rit>e to a point of order. printing for the use of the House or two Houses." The Chair also The SPEAKER. The gentleman will state it. ~de~stands _the rule to be that the right to report at any time carries w1th It ~he nght. to have the matter considered when reported. ~lor. R-EAGAN. It is that this measure is not entitled to considera­ tion at this time a~:~ a matter of privilege. I would prefer that the The difficulty m the present case ari-ses, not so much in ascertain­ gentleman should let it go to the Committee of the Whole, or be ing wh!l't the rule~'· but in se~tling its application to the present placed in some position where objections to it can be properly stated. resolutiOn. If the JOmt resolutwn were exclusively confined to pro­ So far as I am personally concerned, I have very strong and decided viding for the publication of books or documents wholly for the use of _th~ Hou~e,. or the two Houses, the Chair would hold not only that objection~:~ to it Mr. TOWNSHEND, of Illinois. Let it go to the Committee of the this _1s a p~vileged report _but that it would. b~ ~ntitled to present Whole. , c?ns1deration. ~_the Charr 111!-derstands, this JOmt resolution pro­ Mr. REAGAN. Well, I will make that motion. VIdes for the prmting of certam volumes to be distributed on the The SPEAKER. The gentleman from Texas [Mr. REAGAN] makes o~der of Senators ~d _members of t he House, and in addition pro­ the point of order that this joint resolution is not a privileged mat­ VIdes for ~e publication of volumes to be distributed by the War ter for consideration in the House at this time, but must receive its and Intenor Departments. Hence it is not exclusively confined to first consideration in Committee of the Whole on the state of the matters for the use of the House or the two Houses · and therefore Union. the point of order being made that the report must' receive its first Mr. SPRINGER. Mr. Speaker- consideration in Committee of the Whole the Chair is inclined to The SPEAKER. On the point of order! hold that the joint resolution is subject t~ the point of ortier and Mr. SPRINGER. Yes, on the point of order. must go to the Committee of the Whole House on the state of the Mr. TOWNSHEND, of Illinois. Let it go to the Committee of the Union. The Chair will state that as to all matters confined to pub­ Whole, where we can consider it. lications for the use of the Honse or the two Houses there can be no Mr. SPRINGER. If it is to go to the Committee of the Whole on d_oubt that the Co~ttee on Printing has the right to report at any the sta.te of the Union it will have to take its place at the bottom of t1me, and also the nght to have the report considered when made. the list, and will never be reached. Therefore I hope that the House Mr. SPRINGER. yvm t~e gentl~man from Texas [Mr. REAGAN] will vote down that motion. Unless the House will take up the consent that the consideratiOn of this matter be fixed for some future business of the public printing out of its order we will have no more time Y Meanwhile there will be opportunity for its examination. I public printing. am satisfied that if it were properly understood every member would Mr. TOWNSHEND, of Illinois. Ji'ix. a day for its consideration. be in favor of it. :Mr. SPRINGER. If gentlemen insist whenever we report a reso­ ~Ir. REAGAN. I am so much opposed to this measure that I can­ lution ou the subject of public printing that it must go to the Cal­ not consent to the gentleman'srequest. endar, then there will be no more public printing. It is a matter of Mr. SPRINGER. If the gentleman from Texas understands it he necessity that business of this kind when reported should be con­ ~o~d not object; but he persists in objecting without understand­ sidered immediately ; and it has been the uniform custom of the mg 1t. House to consider such matters at the time they were reported. The ltlr. REAGAN. I insist the members should distribute them them­ 9ommittee on Accounts, _like the Committee on Printing, is author­ selves among the people. Ized to report at any trme; and the reports of the Committee on Mr. SPRINGER. It does that. Accounts are always considered immediately, because they relate to fu. REAGAN. They can send the documents as easily as to send the organization of the House, although every time you put a new the names to the Secretary of the Interior. officer on the roll an expenditure is involved, just as every time you ~Ir. SPRINGER. If the members furnish the list of names the books order any publication to be made by the Government it entails are sent to those on that list, and none other. expense. . Mr. REAGAN. Members might as well send them as to send the llr. REAGAN. I wish to say a single word in answer to the point list. of the gentleman that this is a matter which relates to the public The SPEAKER. The resolution is not before the House. Mr. ATKINS. I demand the regular order. print~g.. There is ;uo. such ques~~n as that involved in this, except The SPEAKER. It will be sent to the Committee of the Whole as an mc1dent. This lS a proposition to change the law for the dis­ tribution of publications already made, and hence it does not come Honse on the state of the Union. under the designation of printing necessary for the use of the Honse Mr. SPRINGER. I ask leave to withdraw the resolution. and is not entitled to any privilege even if such printing is so enti~ The SPEAKER. There being no objection, the resolution will be tled. withdrawn. ~Ir. HOL~IA.N. Mr. Speaker, the forty-seventh clause of Rule XI There was no objection, and it was ordered accordingly. ~nd the third cl~nse of Rule XXI a~e, I believe, the only provisions CALL OF COMMITTEES. rn the rules bearmg upon t he question of order. The first, which Mr. ATKINS. I demand the regular order. will be found on page 172 of the Manual, is as follows : The SPEAKER. The regular order being demanded committees will be called for reports. ' m~r:r~o~~~~:~de~ committees shall have leave to report a.t any time in the APPORTIONMENT. * * * * * * ~Ir. WILLITS. I am directed by the Committee on the Judiciary ns;gfeg~~:~rot!o~~~~n all matters referred to them of printing for the to report, as a substitute for Honse bill No. 991 a bill (H. R. No. 5574) suppleme?-tal to an act entitled "An act for the apportionment Then the third clause of Rule XXIII is one with which of course the of Repr~sentat1ves to Congress among the several States according Chair is very familiar. I submit under these two provisions of the to the mnth census." I ask it go over as unfinished business and rules it is quite clear that printing for the use of the Honse or the that the report be printed. two H?uses in their cu~rent business woul~ alone be exempt from The SPEAKER. The report will be printed. the pornt of order; while reports not relating to the current busi­ :Mr. HAIDIOND, of Georgia. I submit the views of the minority ness of either House, but designed for the information of the country and ask they be printed with the majority report. have no rio-ht whatever to immediate consideration. ' The SPEAKER. The Chair hears no objection, and it is ordered I would Uke to say further that it is quite clear the rules have not accordingly. ·'

2492 CONGRESSIONAL RECORD-ROUSE. APRIL 1,

ELECTIONS IN WEST VIRGINIA. called up hereafter. I saw him immediately afterward, and he Mr. KNOTT, from the Committee on the Judiciary, reported back stated to me that he did not understand that request as having been the bill (H. R. No. 5352) to amend the laws with reference to elections submitted to the House, and he understood that consequen~ly no in West Virginia; which was referred to the House Calendar, and, consent had been ¢ven. It was in other words a request that had with the a,ccompanying report, ordered to be printed. not been acted upon. I desire to know its real condition, as we of . the minority would have objected to that proceeding if the request PUBLIC BUILDING, JACKSON, TENNESSEE. bad been underst.ood a.s having been submitted to the House. Mr. SCRANTON, from the Committee on Public Buildings and The SPEAKER. The Chair was of opinion, without examining Grounds reported back, as a substitute for House bill No. 1586, a bill the bill, that it related to the admission of a member to a seat on (H. R. No. 5575) providing for a public building at Jackson, Ten­ this floor. nessee; which was read a first and second time, referred to the Com­ Mr. HAMMOND, of Georgia. That question will arise when the mittee of the Whole House on the state of the Union, and, with the bill is called up for consideration. I simply wish therecord tosh.ow accompanying report, ordered to be printed. that there was objection to its being called up out of its regular SALE OF GOVERNMENT PROPERTY. course. Mr. COOK, from the Committee on Public Buildings and Grounds, The SPEAKER. The question is as to what is the regular course. reported back with a;u amendment the bill (H. R. No. 41!33) to author­ If it is in reference to the admission of a member to his seat it would ize the sale of certarn property at Bermuda Hundred, rn the county take the usual course and not go to any calendar. of Chesterfield in the State of Virginia; which was referred to the Mr. HAMMOND, of Georgia. This is not a question of admitting Committee of the Whole Honse on the state of the Union, and, with a member to his seat under existing law, but to make a law under the accompanying report, ordered to be printed. which the new member will come in if the proposed law be enacted. And the gentleman from Michigan [:Mr. WILLITS] stated to me that PUBLIC BUILDING, CAPE VINCENT, NEW YORK. his request was simply to allow the matter to stand, so that when he Mr. LEWIS, from the Committee on Public Buildings and Grounds, got ready to call it up, then the question as to whether it presented reported back, as a substitute for House bill No. 3725, a bill (H. R. No. a matter of privilege or not would arise for the consideration of the 5576) for a public building at Cape Vincent, New York; which was House. read a first and second time, referred to the Committee of the Whole The SPEAKER. The gentleman from Georgia, then, now makes Honse on the state of the Union, and, with the accompanying report, his objection, and the rights of members will be observed. ordered to be printed. HARRIET W. SHACKLETT. PUBLIC BUILDING, CONCORD, NEW HAMPSHIRE. Mr. HOUK, from the Committee on War Claims, reported back the Mr. LEWIS also, from the same committee, reported back, as a sub­ bill (H. R. No. 2697) for the relief of Harriet W. Shacklett; which stitute for House bill No. 1015, a bill (H. R. No. 5577) for the erection was referred to the Committee of the Whole House on the Private of a public building in the city of Concord, State of New Hampshire; Calendar, and the accompanying report ordered to be printed. which was read a first and second time, referred to the Committee of HEIRS OF JOSHUA HILL. the Whole House on the state of the Union, and, with the accompany­ ing report, ordered to be printed. Mr. HOUK also, from the same committee, reported a bill (H. R. No. 5581) for the relief of the heirs-at-law of Joshua Hill, deceased; AGRICULTURAL COLLEGES. which was read a first and second time, referred to the Committee of Mr. CARPENTER, from the Committee on Education and Labor, the Whole House on the Private Calendar, and, with the accom­ reported back the bill (H. R. No. 5272) to amend the act donating panying report, ordered to be printed. public lands to the several States and Territories whichmayprovide ADDITIONAL RIDING PAGE. colleges for the benefit of agriculture and the mechanic arts; which was referred to the Committee of the Whole House on the state of Mr. BREWER. !desire atthis time to present a privileged report the Union, and, with the accompa.nying report, ordered to be printed. from the Committee on Accounts. The SPEAKER. The resolution will be read. DAVID HEUSTIS1 DECEASED. The Clerk read as follows: Mr. FARWELL, ofiowa, from the Committee on Patents, reported Resolved, That the Doorkeeper of the House of Representatives be, and he is back the bill (H. R. No. 5) for the relief of the legal representatives hereby, authorized and directed to appoint a page, to do duty as a riding page, ail of David Heustis, deceased; which was referred to the Committee of fi!at3 t~e t;gU:~.lla.rs and fifty cents per diem, to be paid out of the contingent the Whole House on the Private Calendar, and, with the accompany­ ing report, ordered to be printed. Mr. HOLMAN. I suppose that there is some explanation as to CHRISTOPHER T. DUNHA1tl DECEASED. the necessity for this additional page, and I hope the gentleman 1 will furnish it. Mr. CULLEN, from the Committee on Invalid Pensions, reported Mr. BREWER. In behalf of the Committee on Accounts I will back the bill (H. R. No. 137) granting a pension to the heirs of Chris­ state that we looked into this matter, and found that the present topher T. Dunham, deceased; which was referred to the Committee riding page of the House-and the House has but one-could not do ofthe Whole House on the Private Calendar, and, with the accom­ the work. Tb.e Senate has four riding pages, and the House but panying report, ordered to be printed. one, with three or four times the work to do. The Postmaster of JAMES G. WILLIAMS. the House recommends this, and the Committee think it advisable Mr. RANNEY, from the Committee on War Claims, reported a bill for the House to adopt the resolution. (H. R. No. 5578) for the relief of James G. Williams; which was read The resolution was agreed to. a first and second time, referred to the Committee of the Whole House Mr. BREWER moved to reconsider the vote by which the resolu­ on the Private Calendar, and, with the accompanying report, ordered tion was agreed to ; and also moved that the motion to reconsider be to be printed. laid on the table. WILLIAM D. C. MURDOCK. The latter motion was agreed to. Mr. RANNEY also, from the same committee, reported back ad­ MILITARY LANDS, INYO COUNTY, CALIFORNIA. versely the petition of William D. C. Murdock, praying for relief; Mr. PACHECO. I now ask unanimous consent to take up the b:il!l which was laid on the table, and the accompanying report ordered to (H. R. No. 77) donating some land for school purposes in Inyo County, be printed. California, and put it upon its passage. There can be no objection WILLIAM M7GARRA.HAN. to the passage of this bill, and I think it will lead to no discussion. Mr. MULDROW, from the Committee on Private Land Claims, re­ It is a matter of considerable importance to that portion of my State. ported back, as a substitute for House bill No. 245~-t, a bill (H. R. No. The SPEAKER. The title of the bill will be reported, after which 5579) for the relief of William 1\IcGarra.han; which was read a first objection will be :;tsked for. and second time, referred to the Committee ofthe Whole House on the The Clerk read as follows : Private Calendar, and, with the accompanying report, ordered to be A bill (H. R. No. 77) to donate certain military lands and possessions in the printed. . county of Inyo, State of California, for sohool purposes. Mr. PACHECO. I present the views of the minority, and ask they Mr. McMILLIN. Mr. Speaker, I am compelled to object. I de­ be printed with the report of the majority. mand the regular order. There was no objection, and it was ordered accordingly. Mr. PACHECO. Let me appeal to the gentleman to withdraw his HANNAH J. JOl\TES. objection and let this matter come up now for consideration. Mr. WILSON, from the Committee on Foreign Affairs, reported a Mr. McMILLIN. I must insist upon the demand. My reason for bill (H. R. No. 5580) for the relief of Hannah J. Jones, ejrecutrix; calling the regular order is that now we have already passed an hour which was read a first and second time, referred to the Committee of and a balf to-day in the consideration of matters of this character, the Whole House on the Private Calendar, and, with the accompany­ and I think we ought to proceed under the regular order with the ing report, ordered to be printed. more important business before the House. APPORTIONMENT OF REPRESENTATIVES. MESSAGE FROM THE SENATE. Mr:- HAMMOND, of Georgia. Mr. Speaker, I understand that when A message from the Senate, by Mr. SHOBER, its Acting Secretary, the report from the Committee on the Judiciary as to House bill No. announced that the Senate had passed with amendments the bill (H. 991 was submitted by the gentleman from Michigan [Mr. WILLITS] R. No. 4185) makin~ appropriations for the current and contingent he made a request that it be considered as unfinished business, to be expenses of the Indian Department, and for. fnlfi.lling treaty stipula- 1882. CONGRESSIONAL RECORD-HOUSE. 2493 tiona with various Indian tribes, for the year ending June 30, 1883, Mr. TOWNSEND, of Ohio. I ask unanimous consent to take from and for other purposes; in which amendments the concurrence of the the Speaker's table the bill (H. R. No.1049) to promote the efficiency House of Representatives was requested. of the Life-Saving Service and to encourage the saving of life from The message also announced the passage of the following bills ; shipwreck, with amendments by the Senate. I desire to move that in which concurrence of the House was requested: the House non-concur in the Senate amendments and a-sk for a com­ A bill (S. No. 26) to amend section 2326 of the Revised Statutes, in mittee of conference. regard to mineral lands, and for other purposes ; Mr. DUNNELL. Let the amendments be read. A bill (S. No. 102) to provide a building for the use o~ the United The Clerk proceeded to read the amendments of the Senate. States circuit and district courts and post-dffice at Ene, Pennsyl­ The SPEAKER. These amendments are quite numerous. Does vania; the gentleman from Minnesota insist on their being read f A bill (S. No. 110) for the re~ef of Benjamin C. B:unpton; Mr. DUNNELL. I will not insist on the Clerk reading further. A bill (S. No. 272) for the relief of Mrs. S. A. Wnght and Mrs. C. Mr. HOLMAN. Is the motion to non-concur in all the amend­ Fahnestock ; ments! A bill (S. No. 71tl) granting a pension to Ellen M. Godfrey; The SPEAKER. It is. A bill (S. No. 73tl) for the. relief of Jabez Bur<:hard; . . The further reading of the amendments was dispensed with, and A bill (S.No. 750) to proVIde for the constructiOn of a public build­ the motion that the House non-concur in the Senate amendments ing at the city of Shreveport, State of Louisiana ; and ask for a committee of conference was agreed to. A bill (S. No. 905) for the relief of Richard H. and James Porter; A bill (S. No. 1101) authorizing the Secretary of the Treasury to ARMY APPROPRIATIO:N BILL. erect a public building in the City of Hot Springs, Arkansas, for the l\1r. BUTTERWORTH. I move that the House resolve itself into use of the United States; Committee of the Whole on the stateofthe Union to resume the con­ A bill (S. No. 1188) to confirm thehomesteadentryof John Waish­ sideration of the Army appropriation bill. key, jr. ; and The motion was agreed to. A bill (S. No. 1i89) to confirm the homestead entry of Hugh Fos­ The House accordingly resolved itself into Committee of the Whole ter. Honse on the state of the Union, (Mr. . HASKELL in the chair,) and LEAVE TO PRINT. resumed the consideration of the bill (H. R. No. 5559) making appro­ By unanimous consent, Mr. BURROWS, of Missouri, obtained leave priations for the support of the Army for the fiscal year ending J nne to have printed in the RECORD some remarks on House bill No. 2982. 30, 1883, and for other purposes. [See Appendix.] The CHAIRMAN. The Honse is now in Committee of the Whole LEAVE OF ABSENCE. for the consideration of the Army appropriation bill. General debate By unanimous consent, leave of absence was granted to Mr. ROB­ has been limited thereon by order of the House to one hour. The INSON, of New York, for three days. Chair will recognize the ~entleman from Ohio [Mr. BuTTERWORTH] to control one-half hour rn favor of the bill. CHIRIQUI STRIP. Mr. BUTTERWORTH. I think it is quite proper we should first The SPEAKER, by unanimous consent, laid before the Honse a hear from those who are opposing the bill. Yesterday I amiably letter from the Secretary of the Navy, transmitting, in further com­ farmed out too much of my time to those in opposition to the bill, pliance with the House resolution of December 21, 1881, additional and I should like that other gentlemen in opposition to it should be papers and maps in relation to the Chiriqui Strip. heard in the half hour assigned to them. The SPEAKER. The communication will be referred to the Com­ The CHAIRMAN. Then the Chair will recognize the gentleman mittee on Commerce. from Pennsylvania [Mr. RANDALL] to control the time in opposition Mr. RANDALL. It relates, I understand, to a coaling station. to the bill. The SPEAKER. The Chair understands the resolution came from Mr. RANDALL. I yield :fifteen minutes to the gentleman from the Committee on Commerce. Indiana, [Mr. HOLMAN.) Mr. RANDALL. The Committee on Foreign Affairs has had this Mr. BLOUNT. I do not understand this is carrying out the matter before it hitherto, I believe. If not, the reference can be arrangement at all. I understand the gentleman from fudiana to changed. be favoring the bill. The SPEAKER. The communication will be referred to the Com­ Mr. RANDALL. Not in all its features. mittee on Foreign Affairs. Mr. HOLMAN. On the point to which I now desire to address Some time subsequently, myself I am in opposition to the bill. .Mr. RANDALL said : This morning a communication was presented Mr. BLOUNT. Very well. from the Secretary of the Navy as to the Chiriqui matter and I sug­ Mr. HOLMAN. .Mr. Chairman, I have sought the floor for the gested it should go to the Committee on Foreign Affairs. I have made purpose of submitting to the Honse some remarks in regard to that an examination since and I find that the original information coming feature of the bill which appropriates 125,000 to the pay of the from the Department did go to the Committee on Foreign Affairs, but land-grant railroad corporations for the transportation of troops and they reported it back and had it referred to the Naval Committee. property of the Government. J am very anxious to call the atten­ This testimony may be in answer to a resolution coming from the tion of the Honse to some features of the history of these land-grant Committee on Commerce. At the same time it is a continuation of corporations, not only legislative but judicial, and I am sure I will information already in possession of the Naval Committee, and it do so very imperfectly in the very few minutes under my control. I strikes me it should go to that committee. am certain that in the countless abuses which have grown up in this The SPEAKER. The gentleman from Pennsylvania a-sks unani­ Government, in the innumerable forms of monopoly which are begin­ mous consent that the communication from the Secretary of the Navy ning to display their cupidity and power, none are more intolerable to which he alludes, which was to-day referr~d to the Committee on and outrageous than those which have grown out of our enormous Foreign Affairs, be referred to the Committee on Naval Affairs. In land grants to corporatiens. But I call attention only to a. single the absence of objection it will be so ordered. feature of the system. Mr. BLOUNT. To what does the communication relate f The Honse remembers, of course, that the grants made to these The SPEAKER. It is a communication transmitting additional corporations generally contained the clause that the grant was made · papers relating to the Chiriqui coaling station. upon the condition that the "road should be and remain a pn blic There being no objection, the Committee on Foreign Affairs wa-s highway for the use of the Government of the United States, free discharged from the further consideration of the communication, and from all toll or other charge upon the transportation of any property it was referred to the Committee on Naval Affairs. or troops of the United States." I will attempt to show that this SAINT CLAIR A. MULHOLLAND. language was understood to mean that the corporation should trans­ Mr. RANDALL. I a-sk unanimous consent to take from the port the troops and property of the United States free from toll or Speaker's table, for reference, a pension bill granting an increase of other charge, and no other construction until after the year 1860 was pension to Saint Clair A. Mulholland. claimed by any of these corporations. After the commencement of There being no objection, the bill(S. No. 699) granting an increase the war the question was raised, and on the 11th day of December, of pension to Saint Clair A. Mulholland was taken from the Speaker's 1861, I submitted to the House the following resolution, which was table, read a first and second time, and referred to the Committee adopted: on Invalid Pensions. Resolved, That the Committee on the Judiciary be instructed to inquire: first, PUBLIC BUILDING AT EUREKA SPRINGS, ARKANSAS. whether any of the railroad companies whose railroads have been constructed in whole or in part by donations in lands from the United States, aooepted such do· l\1r. GUNTER, by unanimous consent, introduced a bill (H. R. No. nations on the condition that the troops and munitions of war of the United States 558'.2) authorizing the Secretary of the Treasury to erect a public should be transported over such roads free of charge, and if so ; second, what building in the city of Eureka Springs, Arkansas, for the use of the railroad companies have received donations of land on the condition aforesaid ; third, whether such acceptance of land so donated conferred upon th~ United United States; which was read a first and second time, referred to States the unqualified right to the free transportation of troops and munitions of the Committee on Public Buildings and Grounds, and ordered to be war over such roads by the companies accepting the same; and if not, the charac­ printed. ter of the limitation on such right; and that said committee report on the propo­ LIFE-SAVING SERVICE. sitions aforesaid at the eMliest practicable period. Mr. TOWNSEND, of Ohio, rose. The Judiciary Committee of that Congress (the Thirty-Seventh) Mr. BUTTERWORTH. I yield only to the gentleman from Ohio, was one of the ablest ever raised in this House. It was composed [Mr. TOWNSEND,] who desires to ask for a committee of conference. of the following members: John Hi kman, Pennsylvania; John A. I will yield for nothing else. Bingham, Ohio; Geo. H. Pendleton, Ohio; William Kellogg, Illinois; 2494 CONGRESSIONAL RECORD-HOUSE.

Albert G. Porter, Indiana; JohnS. Carlile, Virginia; Benjamin F. troops and property trallBported free by these roads was affirmed 'vith Thomas, Massachusetts; Henry May, Maryland; Alexander S. Divan, almost unanimity. . New York. And I call the attention of gentlemen to the fact that it was after The report of this committee was made to the House by Mr. Porter, Congress had thus declared the meaning of the term " the said road now the governor of Indiana, and was read before the House on the shall be and remain a public highway for the use of the Govern­ 31st day of January, 1862. (Congressional Globe, second session ment of the United States, free from toll or other charge upon the Thirty-seventh Congress, part 1, page 604.) This report exhausts transportation of any property or troops of the United States," that the subject. And, after stating the grants of lands made up to that t he larger portion of the lands were granted which have constructed time to aid in the construction of railroads, the committee, speaking this imperial system of land-grant railroads. of the Illinois Central Railroad, which was constructed by aid of the In August, 1861, at an early period of the war, and before the first railroad laud grant made by Congress, which grant was made action of Congress towhich I have referred, the Secretary of War, in by an act approved September 20, 1850, say: view of the disordered condition of the country, and because there And it was further enacted that said railroad and branches should be and was then little or no business on these roads except Government remain a public highway for the use of the Government of the United States, free transportation to enable them to keep in operation, had agreed to from toll or other charge upon the transportation of any property and troops of pay them two cents per mile for the trallBportation of persons and the United States, and that the United States mail should at all times be trans· ported on the said railroad under the direction of the Post-Office Department at the ordinary rates for the transportation of military Hupplies with such price as Congress might by law direct. a deduction of 33! per cent, and this arrangement, except as to the And, after enumerating the various grants made by Congress up to Missouri roads, continued until1867. When the Quartermaster-Gen­ that time on the a.bove conditions, the committee say : eral on his own authority adopted a rule to pay them for Govern­ The committee have no doubt that these several acts render it incumbent upon ment transportation the usual rates charged to other persons with the companies respectively which accepted the grants of public lands to transport a reduction of 33! per cent. and this arrangement continued until over their roads to the full extent of their ability and means of carriage the prop­ 1874, when the attention of Congress was called to it and Congress erty and troops of the Government free of toll or other charge whatsoever. at once, by a provision on the Army appropriation bill, prohibited In support of this proposition the committee refer to the legislative any payment to these companie<:> for Government transportation, history of these land grants, and say: bot with the utmost confidence in the right of the Government to The act of September 20, 1850, granting land to illinois is understood to have this free transportation, allowed these roads to assert any right they been framed by Mr. Dou~s, who introduced the measure into Congress on the might claim to compensation in the Court of Claims, with the right 29th day of April, 1850. w nen the bill was under consideration in the Senate Mr. of appeal. Bradbury moved an amendment. to limit the grants of lands to the alternate sec­ tions within six miles of the road not already sold. Mr. Douglas, after remarking Under this state of things the Atchison, Topeka and Santa Fe that if the amendment should pass he did not know whether he should vote for Railroad Company, which had received from the United States in the bill, and that be should hardly regard it as worth contending for, said : '• It t he most fertile region of the great State of Kansas a grant of I the land] is granted on condition that we make and complete a railroad the whole 2,638,265 acres, worth over 13,000,000, ( ee report of the Secretary length of the route and put it in operation within a period of ten years, and on the further condition that we transpmt over it the Government troops and Govern­ of the Interior, 1880-'81, part 2, page 55,) exceeding in value the ment property of every ldnd free; and further, that the mails shall be carried at cost of the construction and equipment of its road of four hundred such prices as Congress shall prescribe." and seventy miles, a free gift from the United States to a few ~en­ The committee, after further quoting from the debates in Congress tlemen except the condition that" said road shall be and remam a on the several land-grant bills, say: public highway for the use of the Government of the United States, In the numerous debates upon the railroad grants it was never once questioned free from toll or other charge upon the transportation of any prop­ but on the contrary itwa~ constantly assumed that under the clause before quoted erty or troops of the United States," claimin~ _several hundred thou­ it was incumbent upon "the railroad compames1 which received grants of publio sand dollars for transporting troops and military and Indian sop­ land themselves to carry in their own cars and at their own expense the property plies, promptly sued the United States. and troops of the United State~ free of any charge whatsoever." Now, sir, I wish to call the attention of the House to the fact that After further discussion of the terms employed in the grants and the bill making this grant to the Atchison, Topeka and Santa Fe the phraseology employed to secure to the Government the right to Railroad Company was passed on the 3d day of March, 1863, a year the free transportation of its troops and property the committee say: after the passage of the joint resolution which declared the exact But the interpretation which the committee has given to these clauses seems meaning of the condition of the grants as to Government transporta­ to be so obviously support-ed by the language employed and is so perfectly con­ tion, and after this House, by the adoption of the report of the Judi­ firmed by contemporaneous construction as not to require support from any other ciary Committee, had also declared the exact meaning of the terms as source. to transportation, and of course the favored gentlemen who obtained The report concludes as follows: this grant knew, and were bound to know, exactly the conditions The committee recommend the adoption of the following resolution: on which it was made. Ruolved, That the several railroad companies which have received from States grants of public lands made to such States by acts of Congress for the purpose of So these enterprising ~entlemen who left your lobby with princely aiding in the construction of the roads of such companies, respectively, are required fortunes, secured from Congress, brought their action in the Court to transport the property and troops of the United States over their roads free of of Claims to recover 69,501, which they claimed to be doe them for toll or other charge whatsoever. Government trallBportation. The court decided the ca.se against the This resolution, aft-er a full discussion in which Thaddeus StevellB company, and they appealed to the Supreme Court. A majority of and most of the leading members of the House participated, was that court, five judges concurring, overruled the decision of the adopted by the House on the 25th of February, 1862. (Part 1, second Court of Claims and held that- session Thirty-seventh Congress, page 951.) A provision in an act of Congress granting lands to aid in the con­ Bot I present still stronger evidence of the intention of Congress. struction of a railroad, that" said road shall be and remain a pub­ On the 31st day of January, 1862, byorder ofthe CommitteeonGov­ lic highway for the use of the Government of the United States, free ernment Contracts, of which Ron. E. B. Washburn, of Illinois, and from all toll or other charge for the transportation of any property Hon. HENRY L. DAWES, of Massachusetts, and Hon. CHARLES H. V A...."f or troops of the United States," secures to the Government the free WYcK, both now in the Senate, and Governor Fenton, of New York, use of the road, but does not entitle the Government to have troops were· members, I reported to the Hoose a joint resolution which re­ or property transported over the road by the railroad company free cited in substance that certain lands had beeu granted by Congress of charge for transportino- the same. on the lOth day of June, 1852, to the State of Missouri to aid in the con­ So the Government under this decision might put its own cars and struction of certain railroads, with the reservation that" the said rail­ locomotives on these roads and do their own transporting free, but roads shall be and remain public highways for the use of the Govern­ if the company does the transporting the Government must pay the ment of the United States, free from toll or other charge upon the cost of it. transportation of any property or troops of the United States;" and Mr. Justice Bradley delivered the opinion of the majority of the that said lands had been applied to aid in the construction of the court, and in the course of the opinion said : "In view of the legis­ Hannibal and Saint Joseph Railroad and the Pacific Raih-oad from lative history and practice referred to," referrin~ to the acts of the Saint Louis to Rolla; that the said roads had been greatly injru·ed Secretary of War before mentioned, "it seems rmpossible to resist by the public enemy impairing their ability to transport the prop­ the conclusion, when we meet with a legislative declaration to the erty and troops of the Uniteu States, and declared that in view of effect that a particular railroad shall be a publio highway, that the the pressing po blic necessities, a,nd not waiving the right to have t.he meaning is, that it shall be open to the use of the public with their property and troops of the United States transported free from toll or own vehicles, and that when Congress in granting land in aid of such other char~e by said railroad companies a.s contemplated by the res­ a road declared that the same shall be and remain a public high way ervation atoresaid, the Secretary of War Bhould be authorized, dur­ for the use of the Government of the United States, it only means that ing the rebellion, to pay to said companies for such transportation the Government shall have the right to use the road, but not that it as near as might be the cost of such transportation. This joint res­ shall have the right to require its transportation to be performed by olution, after full discussion, passed both Houses of Congress and was the railroad company." The court also held that the locomotives, approved by the President on the 6th day of March, 1862, (12 United cars, &c., were not included by the term "road,"and the Government States Statutes at Large, page 614,) and those companies were paid had no right to their use. And yet :Mr. Douglas, who diew up the for trallBportation during the war on the basis of that joint resolution. clause in question, had declared in open Senate, as I have shown, The question of the right of the United States to have their troops that the company was to transport "the troops and prop.,rty of the and property trallBported over these land-S!ant roads wa.s exhaust­ United States of every kind free," and this House ha.! deliberately ively discussed on that joint resolution, (Congressional Globe, sec­ declared that to be the meaning of the clause in question, and both ond session, Thirty-seventh Congress, pages 604,708, and 812, )and the Houses of Congres , with the approval of the President, had declared right of the Government under the terms of the grants to have their by the joint resolution of March 6, 1862, that to be its meaning, and 1882. CONGRESSIONAL RECORD-HOUSE. 2495

all this had been done before the grant to this railroad company was and equipped by the bounty of the Government to be countenanced m~a . in their persistent raids on the Treasury Y Four of the supreme judges, Mr. J~tice Mp.Ier1 Mr. Justice Clif­ The Court of Claims, in the last case I mentioned, by different ford Mr. Justice Swayne, and Mr. Justwe DaVIB, dissented from that methods did find, in comparing the value of the road with the oprn'ion. The dissenting opinion was delivered by Mr. Justice Miller, value of the transportation, that the value of the transportation was in which ho says: from 44.2 to 48.7 per cent. of the whole amount of the charges, and The grant of lands to these railroads are of great value, and were made before :finally seem to settle down to 50 per cent. as the amount. But per­ u single dollar was expended in their construction, and were so necessary to the mit me to say that the mere circumstance that Congress, uninformed 1m cce :'! of these enterpnses that it may be safely assumed that the roadS would of the fact, had permitted the Quartermaster-General to pay 66-f per not have ueen built without them. cent. of the charges of these roads, and because Congress had, per­ The only compe-nsation. which can be properly so called, to the United States is found in the following proviso to the third section of the grant to the Atchison, haps without a full understanding of the subject, appropriated the Topeka and Santa F6 Railroad Company: "The said railroad and bra~ches sha.ll 50 per cent. of these charges in 1879, played an important part in both be and remain public highways for the use of the Gi>vernmentof the Umted States, of these extraordinary decisions, for surely up to the act of 1879 Con­ free from all toll or other charge upon the transportation of any property or troops gress had done nothing to justify either, but exactly the reverse, and of the United States." surely the joint resolution of March 6, 1862, should stand up against .. * The only question in these cases is, what right or privilege did Congress intend all of this purely negative matter, so far as indicating the purpose to secure to the Government by this proviso i of Congress is concerned. I trust that Congress will stand upon its own interpretation of the I venture" the assertion that there does not now exist in the United States and condition on which it gave these imperial subsidie& and will reject has not ever existed any railroad track over which the general public actually ranJ the demands of these corporations. each man for himself, his own cars, propelled by his own locomotives and managea. Mr. BUTTERWORTH. Will my friend allow me a moment Y and controlled by his own conductors, engineers, brakemen, &c. In short, I deny that at the date of these p:anta there was in existence any practicable system Mr. HOLMAN. Yes, sir. anywhere in the United States by which the Government or any one else could Mr. BUTTERWORTH. The point I understand the gentleman to u se the track of a railroad without using its usual and necessary appurtenances, make is, that notwithstanding the decision of the Supreme Court naruol.v. its cars, locomo~ives, _depots, agents, officer~, and servants. I will ~ot dis­ adjudging these companies entitled under the terms of the grants to cuRs be proposition because 1ta truth o~ falsehood 18 open to .the observation and experience of all men who know anything of the present railroad system of the receive a certain sum for transportation of troops and supplies, we should nevertheless withhold any appropriation, giving the law the wo{~1~llows that if the United States secured anything by that proviso, the use of construction which my friend insists upon. the road by the Government, for which no toll or other charge was to be made, Mr. HOLMAN. I do take that ground, without a moment's hesi­ must be the only use which is at all practicable, and the same use which is made of it by all others who have occasion to employ it. tation; and I insist upon it for this reason: this was a question of legislative1 not of judicial interpretation. Congress had itself Speaking of the term "toll" as used in the grant, and the history expressly declared its interpretation of the clause in question. I pro­ of the term, the learned judge says: tested at the time the authority was given to these companies to go It is therefore a word ~roperly used to expr~ss th~ charges made by ~oad into the Court of Claims that this question should not go to the courts; companies for transportation of persons and property m the manner whioh 1s now and the House adopted the ·proposition allowin~ them to go to the usual and, I may add, universal. courts with, I think, great hesitation, but still w1th the general be­ And after commenting on the fact that Congress, before this par­ lief that the courts could not disre~ard the declaration of the two ticular grant was made, had, by the joint resolution of March 6, 1862, Houses of Congress as to the mearung of the provision in the land­ declared the meaning of the proviso in question, the learned judge in grant laws, especially as that declaration was made before most of conclusion says : these grants were made, and especially the one on which the decision Were not the parties who received and acted upon grants made the next year was made. bound to know and understand the sense in which Congress used this form of Mr. BUTTERWORTH. The question was, however, referred to words 1 Can they now be heard to say that another and far different meaning was the courts. attached to them by Con~ress from that which the same body asserted for them a Mr. HOLMAN. Yes, sir; and it was decided by a divided court, four year before1 Ifthey did not wish to accept the grants under that construction they need not do it. But if they did accept them and have sold the land, they are justices dissenting. I wish my friend would read the opinion-­ borind by the public statutory construction previously given by Congress of the Yr. BUTTERWORTH. I hope my friend will refer to the book meaning which they attached to the words used in the grants. and page. !<'or these reasons I am of opinion that the judgment of the Court of Claims ought Mr. HOLMAN. I will do so; 93 United States Reports, page 442. to be affirmed.-United States Reports, volume 93, page 42. I have already stated that Mr. Douglas, who introduced the :first The result of this decision by a nearly equally divided court is that bill, stated its effect in open ~enate in these words: the land-grant railroad companies are held by the majority of the It [the land] is granted on condition that we make and complete a railroad the court to be entitled to pay for the transportation of our troops and whole length of the route and put it in operation within a period of ten years, and property, "subject to a fair deduction for the use of the respective on the foither condition that we transport over the said road the property and roads;" and Congress must, if it accepts this decision as final, deter­ troops of the United States free from toll or other charges. (Congressional Globe, mine what the value of that use is. first session, Thirty-first Congress, part 1, page 854.) Without determining what the value of the use of the several land­ Yet the eminent judge who delivered the opinion says, in effect if grant roads would be in Government transportation, Congress in 1879 not in these exact words, that the legislative history of this measure authorized the payment of 50 per cent. of their demands, and in 1881, justified the interpretation placed u:pon it. for the present :fiscal year, the following appropriatious were made: Mr. BUTTERWORTH. Now I WISh to put to my honored friend For the payment for Army transportation lawfully due such land-grant rail­ this question: Congress having referred this question definitely to ~oads as have not received aid in GQvernment bonds, to be ~ted by the proper the courts to be adjudicated, and it having been judicially deter­ accounting officers in accordance with the decisions of the SnpTeme Court in cases mined, is my friend from Indiana willing to disregard utterly that

Mr. SPRINGER. I ask unanimous consent that the gentleman pulsory feature. By existing laws, the President may, or may not, in his discre­ tion, place on the :retired list officers sixty-two years of ag~, or who may hav-e from Michigan be allowed nve miri'Q.teS longer. served forty-five years. The exercise of this discretion involves very objection­ Mr. HOUK. I shall object unless the other side has a chance to able consequences. An officer of si..xty.two, who is forced on to the retired list, while answer the fallacious argument the gentleman is making. He is others as old as he are left, feels that ne has been inspected and condemned by the not making a direct argument, and I object unless we have an President, and that his !Wtive career, however honorable it may have been, closes in hwniliation. This feeling results from thf'l discrimination which the President opportunity of replying. must make. It wonld be prevented if the law fixed a time at which all shonld Mr. RANDALL. Then I will meet the difficulty by giving to the retire aJ..ike, without examination or condemnation. gentleman from Michigan five minutes of the time which is allowed The discretionary feature has, in addition, the particular demerit of tending to tome. . disqu.alifv the officer for the performance of his duties by impa.hing the permanent tenure oi office and the independence of chara~ter on which vigorous, efficient, and Mr. BURROWS, of Michigan. My friend suggests I am not stat- conscientious performance of duty rests. In no position in the Army, except only ing the facts. I am reading from the recorda. · this one, does the officer hold his place solely at the discretion of the President. Mr. HOUK. You are perverting the facts, as I know. He may be removed from office, nnder the act in question, without warning and .Mr. CAMP. I risE> to a question of order. without explanation. It is not in hnman nature for an officer to be indiff'erent to these facts. If he desires to remain on the active list, as many do, his official ac­ Mr. BURROWS, of Michigan. What I have stated I say :j..s from tion, although he may not be aware of it, will very likely cease to be solely for the the l'ecords, and from my knowledge of these facts derived from good of the service, and will be governed more or less by a desire to please the the Quartermaster-General. power which has such effective means of influencing him. The very circum­ I desire to call attention to another fact in connection with these stances, therefore, nndeP which an officer, by the present system, remams on the active list after the President has power to :retire him, tend to disqualify him for claims, which is a most I:JtartY.ng fact. In the early part of this ex­ the performance of his duties accordin~ to the purest and higest Army standard. amination, when witnesses could easily be obtained as t.o the prop­ But the present system is not objectionable on the gronnd alone that those com· erty alleged to be lost, there was no difficulty in passing upon these ing within the President's power may make nndne effOrts to remain in active serv­ claims. But sixteen or seventeen years have now passed since the ice. .Another bad feature is, that unproper efforts may, on the other hand, be made by interested parties to have officers, eli~ble by age or le~ of service, close of the war, and we ought to examine the claims still on hand forced on to the retired list and thns the semce may be exposed" to very dam­ with very great scrutiny. aging maneuvers and scanual.4 A. law retiring all alike, after a specified length I wish to call the attention of the committee to the fact that in of service, or when a designated age is reached, sixty-two, sixty-five, or whatever tho Jiscal year 1864-'65,_2,890 claims were filed in th.e Quartermaster's the age may be, wonld :remove the objections mentioned, and would lead officers to make that provision for their old a~e which they are apt to neglect so long as Depa.11iment; in the next year, 13,219 claims; in the next year, 7,000; there is a donbt as to the time of thell' :retirement. in the next year, 2 000 in round numbers; then 847; in the next Ex~ptions by generalleltislation mi~ht be made of those who have been esp&­ year, 637; and so on down to tbefiscalyear1878-'79, when1,640claims cially distinguished in the Held, as the ueneral of the Army, or by extending the period of retirement of those officers who have received, or who may receive, the wore filed during that year. But in the last six months of 1879, thanks of Congress. · just before the statute would go into effect that barred these claimf:!, there were filed 12,757 claims in six months. Now, these claims have It is cL. Mr. BURROWS of Michigan. I do not. -ecp i b.O ~ ~ Mr. WHITE. Adl¢tting this last class of claims he speaks of m ~ ciS b.O s:l should not be considered in the Quarterlllil-ster's Department, would ci 1!. ;a -al ~ o:ci al s:l j -+" not a great injustice be done f ~ 0 ~ 0 3 ~ ~ ~ ~ '"' ~ -~ 0 Mr. BURROWS, of Michigan. What injustice f ctl >1 ~ 0 ~ ~ 0 A ~ Mr. WHITE. Injustice would be done to the class of claims that ------are .in the hands of such men as Q-en~ral Elq.n, at Jeffex:sonville, Generalofficers ...... __ ,_...... 1 2 2 ...... 5 Indiana, and General Dana, at Nashville, Tennessee, clann..S that .A.djut:mt.General's Department...... 1 . . . . 1 ...... 3 have been considered in th~ Department, and in reference to which Inspector.General'8 Department ...... • ...... 1 1 1 ...... -. 3 Bur~nMili.tary'Justice ... _..... ___ ...... _ ...... 1 ...... 1 all the testimony has been taken. Quartermaster's Department...... 1 3 2 3 2 . .. . 11 Mr. BURROWS, of:Michigan. I have gone all over that. What Subsistence Department ...... • .. . 1 . 2 3 • ...... 6 possible injustice can be d,one to a worthyclaimant in taking up the Medical Department ...... _...... 1 4 10 5 1 . .. . 21 cases which are in the Quartermaster's Department, completed and uncompleted, and having five judges examine the evidence ; five juclges instead of one quart-ermasterf Mr. BUTTERWORTH. I yield now to my friend from InC4ana, (Mr. STEELE.} . . . ~~f7:l~i~~ljl~~~\j~~lm!· ml ml LJ :r :1: ::r ::~: ~ 1------~-. ----- Mr. S~fEELE. I wish to speak of the clause relative to cmnpul­ 1 2 9 41 36 30 9 3 131 sory r~tirement; and I may say that I have had experience in the Army covering a period of about fifteen years immediately prior to the 1st of February, 1876-:the last ten in the regular Army. And I can truly say that the greatest disability the Army is laboring under is the want of a law allowing promotions in something like regular :flow. The Army officers univers~lly favor a compulsory retirement. Ge.ne;ral Hancock on this subject, inaletteJ." tothelate Senator Bum­ side, chairman of the ~enate Militftry Co~lttee, dated October 19, 1876, spok,e as follows: R. C. DRUM, RETIREMENT. Adjutant-Genn-al. w AB D~PARnmNT, 0~ system ot retuement is liberal to the officer and of great advantage to the ADJUTANT-GKNERAL'B OFFICE, public service. It is, however, in my opinion, defective in not containing a com· J anua'1{ 24, 1882. XIII-.. _-. 157 2498 .CONGRESSIONAL RECORD-HOUSE.

That the committee may act advisedly I submit the names of all Li~utenant.Colonel G. R . .Andrews, .Art., 60 years 9 months. Major J. B. M. Potter, Pay., 62 years 6 months. the officers who would be retired immediately under the provisions Major N. Vedder Pay., 63 years 4 months. of this bill, and will in elude a few of those in the higher grades who Ma..jor R. D. Clarke, Pay., 65 years 4 months. • would remain on the active list for varying periods, as follows. The MaJor E. H. Brooke, Pay., 63 years 9 months. Major F. Bridgman, Pay., 61 years 4 months. age given is for tlle 1st of January, 1882: Ma.jor T. H. C. Smith, Pay., 62 years 8 months. General W. T. Sherman, 62 years. MaJor T. J. Eckerson, Q. M., 61 years 8months. General P. H. Sheridan, 51 years 7 months. Captain E. J. Strang, Q. M. 60 years 9 months. · General W. S. Hancock, 57 years 10 months. Military Storekeeper IL M. Potter, Q. M., 79 years 6 months. General J. M. Schofield, 50 years 3 months. Military Storekeeper John Li vera, Q. M., 68 years 1 month. General I. McDowell, 63 years 2 months. Military Storekeeper, Edward Ingersoll, Ord., 69 years. General John Pope, 59 years 6 months. Military Storekeeper W. E. Shoemaker, Ord., 72 years 3 months. General 0. 0. Howard, 51 years 1 month. Military Storekeeper B. H. Gilbreath, Ord., 66 years 7 months. General A. H. Terry, 53 years 7 months. Military Storekeeper E. D. Ellsworth, Ord .• 72 years 1 month. General C. U. Augur, 60 years 5 months. Military Storekeeper W. Adams, Med., 6'2 years 3 months. General George Crook, 52 years 6 months. Mill~ Storekeeper Frederick Whyte, Med., 65 years 2 months. ·General N. A. Miles, 42 years 4 months. Chaplain Dudley Chase, 65 years 7 months. General R. C. Drum, .A.. G., 55 years 10 months. Chaplain David White, 62 years 6 months. General D. B. Sacket, Insp., 59 years 8 months. Chaplain Charles ReynoldS, 63 years 8 months. General:&. Macfeely, Sub., 55 years 7 months. Chaplain C. M. Blake, 61 years 7 months. General J. K. Barnes, Snrg., 64 years 4 months. Chaplain John W oart, 71 years 8 months. • General H. G. Wriaht, Engr., 61 years 9 months. Chaplain E. B. Tuttle, 64 years 6 months. GeneralS. V. Benet, Ord., -M years 11 months. Chaplain Jeremiah Porter, 76 years 4 months. General D. G. Swaim, J. A., 48 years 6 months. Chaplain M. J. Gonz:tlez, 69 years 5 months. Colonel J. H. Potter, Inf., 59 years 6 months. Of these, on or before July 4, 1882, 44 would be retired. I also submit Colonel F. F. Flint, lnf., 61 years 9 months. Colonel W. H. Wood, Inf., 60 years 11 months. some very mteresting statistics compiled by Captain George W. Davis, <'olonel G. 0. Haller, Inf., 62 yeam11 months. of the Fourteenth United States Infantry, than whom there is no Colonel Rufus Ingalls, Q. M., 62 years 5 months. more capable officer in the Army. His information was obtained Colonel C. L. Kilburn, Sub., 61 years 4 months. Colonel N.H. Davis, Insp·., 60 years 3 months. from official records of the Adjutn,nt-Genera.l's Office. Colonel J. M. Uuyler, Snrg., 70 years 5 months. It appen,rs from these tables thn,t during the period from 1828 to Colonel W. S. King, Snrg., 70 years 5 months. • 1878, inclusive, 1,670 oflicersoftheArmydied in the milita:.:yservice, Colonel Daniel McClure, Pay., 56 years 11 months. of which number 1,541 were on the active list and 129 on the retired Colonel George L. Febiger, Pay., 57 years 8 months. Colonel H. w: Benham, --.Engr., 68 years 7 months. list. The rate of mortality in the former group was 24 per 1,000 and Colonel J. N. Macomb, Engr.. 70 years 6 months. in the latter group 36 per 1,000. It must not be forgotten that the Colonel Z. B. Tower, Engr., 62 years 11 months. period covered by Tables II and III embra-ces the Seminole, Black Colonel John Newton, Kngr., 59 years 6 months. Hawk, n,nd Mexican wn,rs, as well as the war of the rebellion. The Colonel George Thom, En gr., 62 years 10 months. Colonel W. F. Reynolds, ED.gr., 61 years 9 months. higheat rate of mortality in any year was 52 and the lowest 5 per Colonel T. T. S. Laidley, Ord., 59 years 8 months. 1,000. Colonel G. W. Getty, Art., 62 years 3 months. The compiler of these tables has also ascert:.Lined the age 1.t which Colonel H. J. Hunt, .Art., 62 years 5 months. death occmTed in the case of each one of 1,404 officers. The result Colonel F. '1'. Dent, Art., 61 years 1 month. Colonel J. M. Brannan Art., 62 1ears 8 months . of his investigation is given in Tabl~ III. From it the following facts . Lieute.nant.Colouel J. H. Ekin.J ~· M., 62 years 5 months. are culled : of 42 officers entering the service at 19, all but 4 had died Lieutenant-Colonel H. F. Clarxe, Sub., 61 years 1 month. before atta.i:ning the age of 62; of 199 enterinf at 22 years, but 9 sur­ Lieutenant-Colonel James Simons, Med., 65 years 9 months. vived at 62; of 120 entering at 25 yen,rs, but survived at 62; of 46 Lieutenant-Colonel J. F. Hammond, Med., 61 years 1 month. Lieutenant-Colonel Ebenezer Swift, Med., 61 years 10 montha. entering at 27 years, but 2 survived at 62; of 42 entering at 29 years, Lieutenant-Colonel C. C. Keeney, Med., 60 years 5 months. none reached 62 years; bf 24 entering at 32 years, none rea-ched 62 Lieutenant-Colonel J. F. Head, Med., 60 years 4 months. years; of 13 entering at 36 years, none reached 62 years; of 1,393 Lieutenant·Colonel John Campbe11~.¥ed., 59 years 9 months. (all Lieutenant-Colonel J. E. Summers, .M.ed., 59 years 11 months. officers whose ages were ofrecord) who entered the service at . Lieutenant-Colonel A. P. Howe, Art., 63 years 10 months. various ag~s from 17 to 61, but 84 ever attained the age of 62 years, Lieutenant-Colonel G. A. DeRnssy, .A.rt., 63 years 2 months. or almost exa.ctly 6 in a hundred.

TABLE I.-Officers of the Army on the active Ust, grouped. accoriJ.ing to age, January 1, 1881. •

~ 5 ~ ~ ~ ~ t3 ~ ~ ~ ~ ~ 3 ?."' "'?. I» I» ~ I» I»"' ~ I»"' iI» I» "'I» Arm, corps, or department. ll') 0 1.0 0 1.0 0 ll') 0 0 1.0 0 .s c:

* Corrected for changes of grade to December 1, 1880. There are two o.fficers whose age is not a matter of reoord. The above table was compiled from the records of the Adjutant.General's Office. GEO. W. DAVIS, Oaptain FourteentA Infantry. 1882.]

TABLE II.-Mortality in eaoh yea1• among the~

Chief of staff General st.aff, (except Medical Department, storekeepers General officers. corps. chaplains.)

Field. Captains. T Year. ..: ..; ;..; ..; ..; ..; ;..; Q;) Q;) ~ ..;

NOTE.-This table has much the same scope as that prepanl

J.A.Xl;ARY 1, 1881.

r ( 2498a

'{ficers of the Army for fifty-one years, front 1828 to 187t!, inclu,si·ve.

and Field. Line. Medical Department. Storekeepers. Chaplains. Total active. Total retired.

Captains. Lieutenants. Surgeons. Assistant surgeons. - ...... ~ ai

. but is more in detail. The want of agreement between them is probably due to the fact that the deaths reported in the Re"'isters for each "'ear are frequently of anterior occurrenre to tl1e 1 Register, under the title "Organization of the Army." During many years a consider11.ble number of officers held commissions in the stair as wtill as the line, and are so reported. Wi.Jen per 1,000; died of disease, 1,242, or 17.17+ per 1,000; and from other causes, 91, or 1.29+ per 1,GCO.

GEO. W. DAVIS, Captain Fourteent't I'Tijantry.

l 2498b

TABLE III.-.Jlm·tality of offlce1's of tlie United States .AJ·my fo1'

[Showing the number of officers surviving in ea{)h year out of the whole number entering the service, as indicated in first left-hand column; also showing the-w hole number of officers living entry of tho e now in ervice o1

Entered. Years of officers' li-...es in which t Ko. .Age. 17. ~ . 1 19 . 20. 21. 22. 2J. 24. 25. ~ ~ ~ ~ ~ ~ ~ 32. ~ 34. ~ ~ 37. 38. 39. ~ ~ ~ ~ 44. ~ ~ 47. 48. 49. 50. 1 ~ 5 In seventeenth year.... 5 5 5 5 5 5 5 5 5 5 5 5 1 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 2 2 2 16 In eighteenth year...... 16 16 1~ 13 13 ~3 ~~ ~~ 12 ~~ 12 12 12 ~1 1~ ~ 11 11 11 11 l 1 9 9 9 9 9 8 7 7 7 7 7 7 6 42 In nineteenth year ...... 42 4 - 41 39 ... 7 34 2 28 1 26 - 6 2 v ...-. 21 20 19 liS l7 16 13 12 11 11 11 11 10 10 9 9 9 9 69 In t.wentietb year ...... 69 65 59 54 53 49 49 49 46 4.3 [ 44 42 40 3 35 35 34 34 33 33 32 31 30 30 29 29 2 27 27 25 23 20 155 In twenty-fir t year ...... 155 148 141 129 121 113 105 92 7 79 75 71 6 62 61 55 5:l 50 4 ~ 43 39 39 35 3 ~ 30 ~8 27 25 25 23 22 199 Intwenty-secondyear ...... 199 1 3 164 145 130 124113 96 83 77 71 61 54 4 4l 36 3 _ 29 28 27 24 2:t. 21 .. 1 20 19 1 17 16 1 9 In twenty-third year ...... 1 9 175 161 148 135 12 119 106 101 92 7 72 6 G:.l 61 fl•J 45 43 40 36 34 31 27 27 26 24 23 22 155 In twenty-fourth year ...... 155 144 }i~ ~~~ 1g~ ~g ~ ~~ ~ 57 55 49 41 1 37 g~ 33 :t~ ~g ~~ ~ 21 19 17 13 12 11 11 11 1 ~ig ~i::~~~:~l~fhY:)~:r·::: :::::::: : ::: : :::::::::: . ·· ·· .. .. l20 113 102 ~6 7 70 l~ 61 Jg !l 1ll Jg Jr :J5 J~ ~3 ~t 30 29 ~ ~~ ~~ ~~ 1 ~~ ~~ t~ t~ 1 1 *1:~ ~~:~i~:~~~~l~a;~~~: :::::::: ·::· ::: ::::::::::::::::: .... 1 :> \~ llt 1~~ 1~~ 2"2 1~ 1 15 1 14 13 13 1i~ 11 li~ 1 9 11~ 111 10~ 10~ 10~ 9~ 9~ 9~ ~ 7: *32 I tw t th 32 :.12 ?9 29 29 29 2 2 27 25 25 25 25 25 25 24- 23 23 23 22 22 22 2 22 20 42 I~tw:~J::f;:rhyr::~·: :::::::::::: · :: : : ::: :::· ...... 42 s2 29 26 24 18 15 , 14 14 10 10 9 6 3 3 2 2 2 2 2 2 2 2 2 42 In twenty-ninth year...... 42 36 2 21 17 16 13 7 4 3 2 2 2 1 1 1 1 1 1 1 1 1 ~ ~ ~~;.~lte;~~~-::::: :::: :::: :::: ::: . :::: ::: : .. . :::::: :::::: :: :: ::: : 24 ~~ }5 ~~ g ~ ~ ~ 9 ~ ~ ~ ~ .. ~ ... ~ ... ~ ... ~ ... ~ . ..~ ... ~ ... ~ ... ~ *24 In thirty-first year ...... -...... 24 2! 22 20 j 19 1, 1 lfl 17 16 16 16 15 15 15 15 14 13 12 12 11 24 In thirt.r-!\econd year...... - . .. - ... -. . 24 20 15 14 13 11 9 5 4 4 2 1 1 1 ...... 8 In thirty-third year ...... · · · · · . .. · · · ...... 8 8 7 6 5 5 5 5 4 4 3 3 2 2 2 2 2 2 20 In thirty-fourth year...... · ... · ...... · · ...... 20 1 16 13 13 11 10 9 7 5 5 4 3 3 1 1 1 1 1 1~ i~~t~:fi~fh~,~~~r·:::::::::::: : :::::::::::::: : :: ::::::::::::::::::: ::::::::::::::: .. ~. 13 1~ ~ ~ ~ ! ~ ~ ~ ~ - -~ ---~---~- - -~- 9 In thirty-seventh year...... 9 7 5 4 4 4 4 3 3 3 2 1 5 In thirty-eighth year...... - ...... 5 5 4 4 3 2 2 2 2 2 2 2 2 *11\ In thirty-eighth year...... 16 15 15 14 14 14 14 12 12 12 12 12 11 1 o In thirty-ninth year ...... 6 5 5 4 4 3 3 1 ...... *8 In thirty-ninth year ...... - . . · ...... 8 7 7 6 6 5 4 4 3 3 *~ ~ ~~~=~~ ~::~:::::::: : :::: :::: ...... ::: :::::: :::::: :::: ::: :: ::: :: :::: :::::: ::.: :. :::: :::: ::: J f 1 ~ i f i ~ ~ ~ .. i ... i;, .. 7 In forty-first year ...... 7 5 4 4 3 3 2 1 1 1 5 In forty-second year...... 5 5 2 2 ...... 5 In fort.y-third year...... ·· . . · ...... · ...... ·' ...... 4 3 2 2 2 3 In forty-fourth year ...... · ...... 3 3 3 2 1 1 4 In forty-fifth year ...... -...... 4 3 3 3 3 4 In ~orty-sixth year ...... 4 4 3 3 1 In forty- even til :r ar ...... 1 ...... 1 Iuforty-eighthyear ...... 1 1 3 In forty -ninth year ...... - ...... 3 2 ~ ~~i~t~!j~ra;~~:::: : ::::::::::::::: ...... :: :: ::::::::::::: :::.. .. :: :: ::::::::::::::::::: ::: :: :::::: :::: :::::::::::: :: :: ::::::: ::::::::::::: :~: . 2 In fifty-fourth year...... •...... l In fifty-sixth year ...... 2 In fifty-seventh year...... -...... 2 ...... •...... 2 . .•• . .•...... •. .•• ...... •...... • ...... •• ...... •..... • ... . 1 ...... · -· ...... 1 ...... 1 ······ ...... 1 ...... 3 ...... 1 ...... 1 ...... · -·· 2 I ...... 1 ...... ·-·· ...... 1 ...... 1, 670 .All ages ...... 5 21 63 132 l 279 ~ 463 i622 731 795 1, 025 1, 041 992 941 \892 1883 839 j7 5 1736 692 i651 613 595 :565 ,535 503 4 2 450 42 409 13 5 1361 342,327 30 ·

., Separate classification of o.tficers whose ages a

1 1 1 1 1 1 1 185 In twenty- ixth year···'··· ·!····'···· ... . ··· ·!·· ··... .\...... 185 183 174 167 162 158 158 153 149 143 139 131 1127 126 125 1121 lu7 111 1109 \106 103 I 96 95 92 85 32 In twenty-sc-...enth year . _..... -J- ...... 32 32 29 29 29 29 2 2 27 t 25 1 25 25 25 25 25 I :?4 23 , 23 23 22 22 J 22 22 22 24 In th~rty·fiFstyear . . . .. ' ...... : . .... 1.••.•••..••.••• ••••• • •• .• •. •. .• 24 24 22 20 19 j 18 18 1 18 17 16 16 16 15 15 15 15 14 13 1 12 12 16 In th1rty-erghth year ...... ····/···· ...... 16 15 15 14 14 14 14 12 12 12 12 12 11 1 Intb.ir!y-ninthyear ...... • •. •• • ...•. .•.... • 8 S 71 7 6 6 5 4 1 4 3 31 3 1 1 1 Infortiethyear ...... ··· t ···l·· ·l ... ··· T···~~~~~ ~ ~~~~~~~~~-1___ 1 _11 _11 _1__ _1 1_1 _11 _ 1 _1 _1_ 266 .Ages assumed ...... _...... 185 215 206 196 191 211 ;2n '203 197 1 9 1 2 174 1R6 191 190 184 179 170 168 62 157 149 J146 142 134 ·I·...... 1 1 1 1 1 1, 404 Ages ofrecord...... 5 21 63 132 279 1463 1622 !731 795 18401826786 745 m672 628 ;-::- 539 501! 469 439 409 374 345 1319 303 20 260 247 228 212 1m l185 1174- l I 1 1 1 I I I I I I I I I I I I I The above ta.ble was compiled from the records of the .Adjutant-General's Office.

JANUARY 1, 1881.

1 1 . (APRIL 1, .

fifty-one years jronh 1828 to 1878, inolustve. Those "hose ages could not be ascertained are marked thus: * Their ages at entry into senice are a sumed as the same as the ages at

1 ~ ~ ~ ~ l g ! 2 1 1 11 1 1 --·--·--·--:-::_: : Y/ :l> --- --.--:--\--1--'--2___ 1 _1_1_1 ~~--~~---L-L-----~~--~--~~--~---~------~------~~~~----24--2-0 J------~~--~--·--~---·---L-1_1_1_ ~

GEO. W. DAVIS, Oaptain Fourteenth I'Tijantry. 1882. CONGRESSIONAL RECORD-HOUSE. 2499

TABLE IV.-Statement slunoing the a-verage age of active ojficers of the Was it not so understood by those who a-ccepted commissions, and several arms, corys, and department8 of the Army, January 1, 1881, especially was it not so understood by the regiments known a-s the corr-ected for. changt?S of grade to December 1, 1880. Veteran Reserve Corps, that they, as maimed and wounded sol­ diers, should be provided for f Many of them who u.ccepted com­ cri missions in those regiments were suffering from the loss of a leg or an 8 arm, or from equal disabilitie!i. s I again say, was it not intended to provide an honorable oppor­ 0 Gi tunipy for officers who entered the regular Army at the close of the .... ~ Arm or corps. Rank. 0 war-.. render efficient service during the time that they should be 1-< 41 Q bll <'$ found physically capable, and that thereafter they might be placed ~ upon the retired list, or was it understood that Congress should gain I- ~ a temporary aggrandizement in providing for these men and that it ! would be a matter for their successors to decide should these officers General officers ...... •.•••...•...... •. Ml_\jor-general and briga- 11 55.83 hereafter come to Congress sayin~, "We are growing old in the serv­ dier-generaL ice, with no prospect of promotion. When we entered the .Army General staff and staff corps ...... •.•.• Brigadier-general ...... •. 9 61.18 ther~ were forty-five regiments of infantry; they have been cut Do ...... ••••••...... Colonel ...... •...... •.. 28 60.56 down to twenty-five; four of those forty-five regiments w~re espe­ Cavalry ...... •..•...... Colonel ...•..•...... 10 52.40 Colonel ..••..•...•••...... 5 56.72 cially intended for majmed and wounded officers, but many of us are Colonel ...... •. 25 52. 54 on the active list and past the age when we should be lieutenants e!lii:ti ~~:~i~~:~~~~::::: ~::::::: Lieutenant-coloneL ..•.••. 45 54.88 and captains, and in the grade of the younger officers. The four regi­ Cavalry ...... Lieutenant-colonel...... 10 42.72 ments, veterans, have been logisl:1ted out of service, and we do not Artillery ...... ••.••...•.•...... Lieutenant-colonel. •...... 5 6L32 Lieutenant-colonel. •....•. 25 52.12 see how our condition is to be improved unless you will assist us. 11:~~t-ge~~~::: ~::: ~:: :~::::::: ~::: MaJor ...... •...... 10 45.76 We have passed the age when we can go out in the world and com­ Judge-advocates ...... •...... 8 47.15 pete wit h those who were boys and young men with ust or with those Q,uartennasters ..•...... •....•...... ~1~~::::::::::::::::::::: 14 48.05 who were our fellow-soldiers during the war, but are now prosperous Commissaries •..•...... Major ...... •...... •. 8 50.02 Major ...... •.....•.. 50 47.74 in their respective callings. Some of us have been lieutenants fif­ 50 48.50 teen and eighteen years, families are growing up around us, and our ~~~:::::::::::::::: : :::: 24 43.02 expenses u.re increasing. We only ask a reasonable assistance; give MaJor ....•...... 10 41.80 ~E~~~;~Cavalry ...... •...... ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ...~ ~ ~ Major ...... 29 45.76 us a sixty-two-year compulsory-retirement law; ~aka section 1204 .Artillery ...•...... ••..•.. . -•. 15 51.11 of the ~evised Statutes so plain relative to lineal promotion ~( lieu­ ~~~::::::::::::::::::::: 25 47.84 tenants by seniority that it cannot be misunderstood nor misinter­ 30 44.69 preted; prohibit the employment of enlisted men on any duty not 12 42.72 81S!~!:~~ ~:: ::~ ~ ~~: :::::::: ~ :::::: 30 37.67 properly belonging to thorn as soldiers, which will remove to a very ~~~~:s :::::::::::: ~: :::::::::::::: ~ ~: ~~5 :~:~~:: :~~~~: ~~~ :~ 20 38.72 great extent the cause of desertion, will afford us an opportunity to ::Yel to Napoleon, the the time of his de.'l>th might have been discharging the duties of a.n absent colonel. Russians were guided by the couuse1s ofyounger,men. The Emperor Alexander was '!'he latter, by: contrast, incapacitated by ~J.ge, remained at home with his family on ' thirty-five years of age; Kutusoif,'the nominal commander-in-ehief, was supported full pay, awruting only the return of peice to be restored to the f honors of com­ by Barclay' de Tollev and Milor:.td,owich, forty-nine; Winzengerode, forty-three; mand. Schouvalof, thirty-five; and the Archduke Constantine, thirtY-three years of age. The absenteeism of field officers during the Florida and Mexican wars is ea.illy In the campaign of 1814 the Austrians were led by Schwartzenburg, about thirty explained. In the line of the Army up to this time there were but four prin<:lpal years of age; the Prussians byYorek. Bulow, and BlUcher. The latter, advancoo causes of promotion, namely, war of 1812 gray hairs made the generals. In speaking of our disasters, General Halleck, from w;t>.ose work on-Military Art and Science many of the fore­ Artillery. going facts have been quoted, states: 'Un the American war of1812 we pursued the same course as .Austria, Prussia, and Rusaia in their e:l.l'lier oontests with N a­ Number of years' 'd.s poleon, i . e., to supply our armies with generals we dug up the Beaulieus, the service before .s Wurrnsers, the Alvinzia, the Melases, the Macks, the Brunswicks, and the Ka. being promoted 0 men kis of our revolutionary war; but after we had su.B::ered sufficiently from the t-o- p, ..; 1:::! 0 Hulls, the Armstrongs, the Winch esters the Dearborns, the Wilkinsons, the ;- Name. G) Hamptons, and other veterans of the Revolution, we also changed our policy.t and ~ ;::I C? s:l ~ permitted younger men-the Jacksons, the Harrisons, the Browns, the Mc.tteas, G) 'd ~ ..:; a s:l ..; 9 Qi the Scotts, (Scott had acquired his military reputation and attained the rank of 8 0 0 s:l ~ o:,) 1j 1i .s 1:1) and the Millers-to lead" our forces to victory and to glory. In the event of another U1 ~ )1 ~ "8 ~ war, with any nation capable of opposing to us anything like a powerful resist­ -- ance, shall we at;ain exhume the veterans of former days, and again place at the -- head of our arm1es respectable and aged inefficiency; or shall we seek out youth­ William Gates ...... Third ... Mar. 6,1806 26 ... ful enterprise and activity combined with military science and instruction 1 The F. S. Belton ...... Fourth . Mar. 27, 1812 26 33 45 48 results ot the war, the honor of the country, the glory of our arms depend, in a Second . Jan. 9, 1809 32 ~ I 54 1 " great measure, upon the answer that will be given to this question.' First . . . Feb. 10, 1812 30 ~~ ·--~~- ' 52 These deductions should not surprise us. War is not a. sedentary profession. ~~~=~~:~~:::::::::::::: Third . .. Mar. 11, 1814 35 43 ······ 57 The usefulness and endurance of the private soldier are determined by his phys­ Justin Dimick ...... Second. July 1,1819 31 38 ·--··· 53 ique. The usefulness of an officer depends upon his mental, moral, and physical G. Naumann ...... Third ... July 1,1823 30 ...... -····· 52 :powers. When these are in conjunction he reaches his climax as a commander; W. W. Morris ...... Fourth . July 1, 1820 33 ···-·· 55 m proportion as one or all begin to fail, in the same proportion must the skill and :Martin Burke ...... Second . Jan. 28, 1820 36 ·----- 58 capacity of the commander decline. ·····•! It is well known in civil life that few doctors, lawyers, merchants, or bankers acquire wealth or distinction who have not laid the foundation of their success The average number of years' service of all the field officers of artillery who were before forty. The reason is obvious. The age of man between twenty and forty commissioned between the years 1838 and 1860, and went through all the ~es, is the aae of aggression. It is during this period that he likes to encounter ob­ was as follows: Before promotion to major, 30 years; before promotion to lieuten­ stacles for the pleasure of vanquishing them. The stock board of any great city ant-colonel, 35 years; before promotion to colonel, 41 years. is a Babel of young brokers, whose plans, already stretching across a state or a When not individually known, the age before promotion to major in the above continent, aim to encircle the world. table, a.s well as in all the following computations, is based on the supposition that In an anny in time of peace the skill, cournge, energy, and ceaseless activity. tl1e average age of such as were cadets was eighteen Yeal'l:l. at date of admission, which in civil life are given full scope before fort7., are drowned in the turb1d and twenty-two years on graduation. stre&nl called promotion. The young officer ambitious to lead an assault or a Infantry. charge waits in Yain for a chance. The sluugish current which bears him on· w:l.l'd to positions of responsibility bears wifu it the physical disability, if not Number of years' 'd superannuation, which is always fatal to command. I service before .s At the beginning of the Florida war nearly all the field officers of the line were being promoted .a0 old and decrepit. The complement was three to ea(:h regiment. The number of p. to- ;.; companies in e:~.ch regiment was nine in the artillery, and ten in the infantry ani\ ;- 0 dra~oon s. In June, 1836, as reported by the Adjutant-General, there were serv· Name. s:l ·c;r ci G) ing m Florida twenty-six companies of infantry and artillery, whose complement 'i' a of field officers wa.~ eight; the number present was seven. By September the ;.; ~ 0 l'l ~ number of companies was increased to thirty-one; the complement of field officers 0 ;! ~H 0 ~ law. As the consequence, the only alternative left to the President was to nse the discretion granted in the sixty-two-year clanse of the law of 1862. June 1, 1863, he therefore placed on the retired· list two colonels of engineers, R. B. Mason .. : ...... First . . . Sept. 2, 1817 16 19 29 two colonels of ordnance, one colonel of artillery, and one colonel of infantry. The W. S. Harney ...... ••.•.... Second. Feb. 13,1818 18 28 dates of the original commissions of these officers ranged from 1806 to 1815. E. V. Sumner...... Firat . . . Mar. 3, 1819 27 29 36 August 1, 1863, two general officers, three-colonels, and one lieutenant-colonel of Enooh Stein ...... July 16, 1832 21 ...... artillery were retired in the same manner; the dates of their commissions rnnged C. A. May ...... Second. June 8,1836 19 ...... 41 from 1812 to 1820. , John Sedgwick...... Firat ... .fuly 1, 1837 18 ...... 40 September 15, the chief of ordnance was added to the list, while in November an assistant surgeon, with the rank of captain, wa.s retired who had waited for pro- motion to the j!;I"ade of major fortv-five years. . Tho average number of years' service of aJl the field officers of cavalry who . In 1864 the Paymaster-Gepera.f and one colonel of infantry retired on their own were commissioned as such between 1838 and 1860, and who went through all the application, while one chief of staff corps was retired by compulsion.. grades below, was as follows: According ttl the Army Register of 1865 there was still on the active liRt. on the Before promotion to major, nineteen years. 1st of January of that year an Adjutant-General of forty-two years' sen-ice; the Before promotion to lieutenant-colonel, twenty-three years. senior colonel of the Quartermaster's Department bad served fortv-six years; the Reforo promotion to colonel, thirty-one years. senior major in the Pay Department, fifty rears; the four colouefs of en~ineers, Thl\ difl:~ren~ in promotion in the three arms is partly explained by the date from forty-six to fifty·three years-the semor ha.vina entered the service m 1812, of organization of the different regiments. the junior in 1819. The two lieutenant-colonels hi~test on the list, in the same In the artillery and infantry, promotion was retarded b_y several reorganiza­ corys, who were rapidly approacting the age of sncty-two, when they might be tions. The First Artillery went ba{}k, through the reorgaruzation of 182~J to the retired, had been in service, one thirty-eight, the other thirty-nine years. ln the light artillery of 1808; the Second, Third, and Fourth Artillery went back, mrongh artillery there was one colone~ of f?rt:v-fiye years' service; in the cavalry, one col­ the reorganizations of 1821 and 1814, to 1802. . onel of forty-three years' sel"Vlce; m the infantry, two colonels of forty-iliree, and The regiments of infantry from the First to the Sevent-h, inclnsive, went back a third of forty-two years' service. through the reorganization of 1815: the Firattd 1790; the Second to 1791; the Third In the line, this partial enforcement of the law operated upon younger officers in and Fourt-h t-o 1796; the Fifth, Sixth, and Seventh to 1812. A fewpromotions, per the same manner as_during the two preceding wars. At Gettysburgh, the rank of contra, were made by the organization of the Eighth Infantry in 1838, and the the officers commanding regular re~ents was as follows: Second Infantry, a Ninth and Tenth in 1855. major, and afterward a captain; Third Infantry, a captain; Fourth Infantry, a All the officers of cavalry selected from the infantry and artillery were advanced captain ; Sixth Infantry, a. captain; Seventh Infantry, a oapt.'l>in; Tenth Infantry, at least one grade on receiving their nomination. The Firat Cavalry (First Dra­ a captain; Eleventh Infantry, a major; Twelfth Infantry, a captain; Fourteenth goons) was organized in 1833; the Second Cavalry (Second Dragoons) in 1836; the Infantry, a major; Seventeenth Infantry, a lieutenant-coloneL Third (Mounted Rifiemen) in_1B46; the Fourth and Fifth (formerly First and Sec­ Congre s was not insensible to the injnstice done the youno-er officers by the ond Cavalry\ in 1855. absenteeism of their superiors. In the law of July 28, 1866, it fuected that regu­ The foregoing tables only indicate the rate of promotion np to the rank of colo­ lar officers entitled to be retired on account of wounds received in battle should be nel. The number of years' service of any particular officer up to any given year retired " upon the full rauk of the command held by them, whether in the regular mllilt be sought in the Army Registers. ] 1rom the one for January, 1861, it appears or volunteer service, at the time such wounds were received." that the average number of years' service of the four colonels of artillery was fifty­ In short wars young officers are rarely ever heard from, but in grea.t upheavals one; the fonr lieutenant-colonels was forty-six; the average age of the four colonels like the French revolution or our late civil war they will always come to the sur­ was seventy-three; the four lieutenant-colonels, sixty-eight. The average num­ face for reasons readily ex:plailJ.ed.. Iftwo men, one twenty-five and the other sixty~ ber of years' service of the ten colonels of infantry was forty-four; lieutenant­ were to begin the study of an abstruse science together, which pre:mmably woulu colonelS, thirty-six; average age of colonels, sixty-six; lieutenant-colonels, fifty. master it quickest7 Whose mind wonld be the more receptive, acquisitive, active f eight. Durin~ the suspension of military operations whose physical and mental energies Strange as it may appear, the rate of pi·omotion among the field officers was would the more surely vent themselves in preva.ring his command for the next scarcely affected by the five years· war in Florida subsequent to 1838, or by the battle¥ Mexican war, which lasted two and a half years. The reason was that the vet­ An officer who has passed the climax. of his physical powers if iu command of erans of the war of 1812 were ·too old to participate in either. As a consequence, a brigade or division may still issue excellent orders for the instruction of his promotion on a{}count of exposure in campaign or death on the bn.ttle-field fell troops. But take two officers, one twenty-five the other sixty, and Jllace them at within the ,!p'_3des of m~or and below. , the head of raw regiments, which will have the most drills and recitations f . The condition of the general staff and administrative departments of the Army Which will visit his guards the more freqnently at night 7 Which will be first in in 1861 }Vas no better tlian that of the line. All the generals, save one, entered the assault f Which will have the most endurance 7 lVhich, through sympathy, the service before 1818, while among the twenty-one colonels and lieutenant­ cheerfulness, and earnestness of temperament, will urge his men to the greatest colonels of the nine different-corps and departments, there were but six whose endurance and achievements 7 ori~nal entry into service was subsequent to 1820. If we glance at onr own history we shall find that the record of young officers :rhe moment the country was confronted by the _perils of civil war the lethargic, is as brilliant as during the wars of Napoleon. Washington, when he took com­ if not moribund, state of the Army excited the attention of Congress. In the mand of the continental army, was forty-three; Greene, m command in the Caro­ debates of Jnly 13, 1861, relative to the increaseoftheregnlar Army, Mr. Wilson, linas, was thirty-eight; Knox was chief of artillery of the continental army at chairman of the Military Committee of the· Senate, said': "This Army of ours is tweuty-fi ve ; Croghan, who was the first to defeat Proctor in 1813, was twenty -one; paralyzed t()ward the head. Your ablest officers are young captains and lieuten­ Scott, at Lundy's Lane, was twenty-eight; Jackson was the hero of New Orleans ants; and if I wished to-day to organize a heavy military force, snch as we are at forty-eight. calling into the field, I wonld aboliSh the Army as the first act, and I then would Long wars are always favorable to youth. This, in our own history, was proveu take officers from the Army and place them where their talent.~ fit them to go, during the rebellion by such officers of the regular Army as were fortunate enough without reference to the rank they occupied in the old regiments." to secure commissions in the volunteers. The sense of Congress on a subject of such vital importance was expressed in The average service of the one hundred and forty-four who were commissioned the laws of Angnst 3, 1861, and Jnly 17, 1862. By the terms of the first law any general officers of volunteers at the date of receivmg their commissions as snch officer who bad served forty consecutive years conld, upon his own application, was sixteen years and eleven months. Their average age was less than thirty-nine. be placed on the list of retired officers. Iu case the brevet lieutenant-general They thns became the natural leaders of t-he vast armies of volunteers, the average retired he was to receive his full pay and allowances. Other officers "incapable age of whose officers was little, if any, above thirty. of perf~rming the duties of their office," whether from "long and faithful service, As the consequence of having no law of retirement prior to 1861 was to prev~mt wonnds, injur_y received in the line of duty, sickness or exposure," could be re­ the promotion of officers to the grade of lieutenant-colonel uutil after an average tired with therr pay proper and fonr rations per day. If the cause of incapacity service of thirty-five years in the artillery, twenty-nine in the infantry, and twenty­ was not incident to the service the officer could receive one year's pay and allow­ three in the cavalry. it will ~turally be inferred that the vast majority of the one ances and be dropped from the rolls; but in no case could an officer be retired by hundred and forty-four general officers of volunteers selected from the Army w re the President except upon the report of a board, the members of which were found in the grades of major and below. This inference is supported by statistics. sworn to an impartial discharge of their duties. The number who might be The rank held by these officers in the Army was as follows: retired was limited to 7 per ceut. of the whole number of officers in the Anriy. Brigadier-generals, 1; colonels. 13; lieutenant-colonels, 9; majors, 48; captains. The second law looked particularly to the evil of superannuation. It prescribed 68; first lieutenants, 5; total, 144. that whenever the name of an officer had been borne on the rolls of the Army forty­ If the average number of years' service before becoming a major in artillery wa: five years, or he had attained the age of sixty-two, it should be" in the discretion thirty, infantry twenty-four, and cavalry nineteen, giving' the officers in these of Ute President to retire him from active service." grades a minimum age of fifty-two, forty-six, and forty-one years respectively, it Through the option unfortunately given to the President, the second law, even may be asked, with an avera~e age of thirty-nine for the general officers of volun­ dul'ing the war, could not be uniformly and justly applied. Seuentaryism, it was teers, why so many as forty-eight were found in the grade of ma,ior f The an wer soon found, was as prejudicial in the staff as in the line. Nevertheless, respect for is that the rule of promotion was upset on the 14th of May, 1861, wheu the Army the personal feelings of many officers who had rendered eminent service durin~ was trebled, by increasing it from thirteen thonsand to thirty-nine thousand men. the preceding half century cansed the Government to avail itself bnt sparingly of This was done two months before the President, b.v law, was given the authority the advantages offered by the law. The Commissary-General of Subsistence, who to appoint general officers of volunteers. In the above table tbe grade of colonel entered the service in 1808, died in September, 1861, before the law of 1862 took is credited with thirteen appointments. Of this number one held the rank of efiect. His successor, who entered in 1813, remained on the active list till his death, colonel on the 1st of January, 1861; one was a Jientenant-colonel, seven were ma­ in 1864. The Surgeon-General, who entered the service in 1818, retired on his own jors, and four captains-one, having resigned, was, on his reappointment, of the application in 186::!. Two Paymaster-Generals, one of whom entered the service in age appropriate to the rank of captain. 18Ul the other in 1822, J?assed off the active list before the dose of 1864; the latter A similar investigation will show that nearly all of the forty-ei"'ht majors, refued hy his own applica~ou. The Chief of Engineers, who entered in 1805, was before the sudden increase of the Army, were captains, while, in like mauner, carried o·n the active list till his death, in 1864. Two Chiefs of Ordnance were retired many of the sixty-eight captains were first lieutenants. before tlle close of 1864, one of whom entered the service in 1814, the other in 1820. Of the twenty-one general officers of volunteers whose Army service was twenty­ Those facts relative to the staff establish not the injustice of the law bnt the five years and upwara but two held commands in the field in the closing campaign iDj o.c~tice of its application. Some chiefs, regardless of their age, were kept on the of 1865. active list till their death, while others much younger were invited, or without The immense force of cavalry called ont in 1861 suffered more for want of active consulting their wishes were forced to retire. leaders than either of the other arms of service. With the senior o!ficers in com- 1882. CONGRESSIONAL RECORD-HOUSE. 2503 '· !. mand, to make a horse swea.t was a crime. Throughout the yea.rs 1861 and 1862 bama, were ably assisted by executive officers much under, rather than over, forty t.he cavalry did little except to perform picket duty and collect information. As years old. lat~ 1863 Hooker, it is said, offered a reward for a "dead cavalryman." These were the considerations (national honor and success) which prompted the Pleasanton, Buford, and llayard, chafing for action, bad not all this time been passage of the law of retirement in the Navy. But when compared with the law laboring in vain. . m the Army as applied to persons its wisdom is equally apparent. When the former was placed in command of the cavalry corps of the Army of It will be observed that the law embraces all grades from commander to rear­ the Potomac in 1863 he ins'sted that he should name his own generals. admiral, or the assimilated grades in the Army from lieutenant-colonel to major­ At Gettysbur~h, Gregg, Bnfcrd, (who opened the battle, holding the enemy in generaL As a consequence every officer of the Navy is guaranteed freedom and check till the arnval of the First Corps,) and Kilpatrick, commanded divisions. independence of opiruon till the close of his life. He fears no invidions distinc­ Farnsworth, Cnster, and Merritt commanded brigades. The gallant Farnsworth, tions. He hears no insinuations of mental impairment. There is no room for ma­ who was killed in the battle, had learned his profession during two years of war. levolence to poison the minds of his superiors. There is no association between Merritt had been in the Army three years; Kilpatrick and Cnster but two. the retired list and degradation. On the contrary, when a rear-admiral of theNavy The cavalry in the West was under equally young leaders. The force of twelve reaches the age of sixty-two he can say, "I have enjoyed rank, pay, and com- thousand, which on its way to Virginia, in 1865, swept through Alabama and and now accept retirement as a jnst Georgia, capturing Selma, Montgomery, Columbus, and Macon, caiTying Selma :S:!~ ~o~;.;aa~~~a~hfuls~::.~ent, and Coluni1nL"4 by assault, was commanded by Wilson at the age of twenty-seven. Those who, from interested motives, oppose compulsory retirement naturally The average age of the corps, three division and six brigaae commanders, was prefer to let the lAw stand as it is; or, failing in this, they ask to go back t.o the twenty-ei~ht. The corps and one division commander were cn.ptains in the Army; law of 1862 and, by way of compromise, enact that t·etirement shall only be made the other two division commanders were first lieutenants. But Senator Wilson's remark-" Your ablest officers are young captains an£heir daughters, too, as a rule, are mar­ McPherson, Thomas, Hooker, Howard, ScJ10field, and Sheridan was forty-one. The ried and settled-some in the Army, others in private life. averagtl a~e of Hancock, Howard!. §edgwick, Sickles, Slocum, Sykes, corps com­ On the other hand, should the sixty-five-year limit be adopted the rate of promo­ manders at Gettysburgh, as also ro.cCfernand, McPherson, and Sherman, corps tion, as before 1861, will doom the junior officers of the line to serve twenty, thirty, commanders at V"icksburgh, was under forty. and even thirty-five years before attaining the g-rade of llll\ior. If they marry, as In the confederate armies it was the young,er offibers who j!ave the gre.'\test many officers do shortly after entering the serVIce, they will have to meet all the strength to their cause. Tho averacro age of jj;Well, Rill, and Lon.,.street, corps expenses ot rearing, clothing, and educating their families, largo or small, on the COlillllanders at Get.tysburgh, was fox!ty.four. Stonewall Jackson, w'ho in the first pay of first lieutenants and captains. I two years of its history imparted to the Army of Northern Virginia its syirit of These hardships in the lower grades are by no moans fanciful or uncommon. dash and daring, died at thirty-nine. Stuart, the cavalry leader, won his fame Tho four captains of artillery highest on tho list have already served from twenty. and died at thirty-one. one to thirty-three years. The senior captain of artillery attained his presentrarik These facts from our own history, as well as those cited from tho wars of Napo· in 1862, and sub~equently was brevetted for gallant and meritorious services leon, should be accepted as proof that our policy in time of peace as well as war through all the grades from major to brigadier-general, inclusive. In 1865 he should be to elevate as rapidly as possible otl.lcers under the age of forty-five to was made a brigadier-general of volunteers, and inNovember following was pro­ positions of responsibility. moted to ml\ior-general by brevet " for gallant and meritorious services een in the service twenty-three years; the senior lieutenants have held their of able counsel, and then after dars, perhaps weeks, of careful research by one or present commissions since 1865-'66. moreofits members, the decisionlSprepared, discussed, and, on the vote of ama· .Assuming that the j?:Ood of the state, as well a.s sympathy, should be on the side jority, promulgated as the decision of the whole body. In war the conditions are of the junior officers, let ns look at the effect of retiring any officer who, through reversed. If tbe flank of an army is turned, or the center P.ierced, there is no time age, has become disqualified for field service. In the iiifantry, artillery, caval.cy, for consultation. The general cannot defer his decision till to-morrow. He mnst and engineers the retirement of a colonel promotes five subordinates, namely, a act on the spur of the moment, and on his decision, often affected by his physical lieutenant-colonel, a major, captain, first lieutenant, and second lieutenant, all of condition, may depend the fate of his government. whom, save the lieutenant-colonel, are presumably at the head of growing fami­ Judges, doctOrs, lawyers, and men of bnsiuess may retain their mental powers lies. The retirement of a colonel in the Adjutant-General's Department, Inspector­ in full vigor till after they pass threescore and ten; but the commander mnst have General's Department, Quartermaster-General's Department, Subsist-ence Depart­ in addition the nerve and mental activity which belong only to vigorons manhood. ment; Pay and Ordnance Departments, if the selection to fill thelowestvacancyis In 186.1., it was a physical impossibility for the veteran Generaf-in-Chief to take made from the grade next below in t.ho line of the Army, promotes the same num­ the field. The same was true of many of our field officers, and is likewise true ber of officers as a similar retirement in the artillery and infantry. In a similar manner the retirement of a bri~adier-general or a chief of a staff corps promotes to-ia;~per published by tho Army Mutual Aid Association on the 30th of Septem­ six ~:>ubordinates , while the retrrement of a ml\ior-general can be made to promote ber, 1879, states: "Therecordsofthe Adjutant-General's Office show that since the seven. In the latter case the ultimate vacancy is that of a second lieutenant, to rebellion one hundred and seven officers have lost their lives in battle, or have be filled by a meritorious non-commissioned officer, a candidate from civil life, or died of wounds received in action, and that of this number but two were over forty a cadet in the first class at the Military Academy. The promotion of seven officers years of age." During this time the records will also show that as a rule the ab­ and the new appointment of an eighth costs the Government, on the principle of senteeism of the field officers of high rank was limited to those above fifty. From all pension lists, simply the retired pay of a major-general, whom age and hard labor this it can be inferred that as in the Florida, Mexican. and civil wars, so now the have disqualified for service in the field. officers who do the fighting are constantly se~~ in positions of responsibility The present law of retirement reads: ' 1 Sec. 1244. When any officer has served without en,joying the rank or pay appropriate to tneir command, while if killed. forty-five yea.rs as a commissioned officer, or is sixty-two years old, he may be their families are forced to content themselves with tho pensions due their actn;a retired from active service at the discretion of the President." rank. The text of the bill recently introduced into the Honse of Representatives by Mr. No one supposes that in any country an army is maintained for the comfort or BUTI'ERWORTH is as follows: · convenience of the officers or men who are in it. If laws-for example, such as 11 Be it enacted by the Stnate and HIYUSe of Representatives of the United States in Oon­ relate to medals or brevets-are passed apparently in the interest of individuals, it gress assembled, That section 1244 of the Revised Statutes of the United States be will be found on closer examination that their real object is the interest of the state. amended so as to read as follows: 1 Such, too, should be the ob.]ect of any law of retirement. The individual should ' ' SEC. 1244. When any officer has served forty years as a commissioned officer, or give plaee t<> the welfare of the government. is sixty-two years old, he shall be retired from the active service : Provided, however, The objections to the present law already noticed are that it is unequally That the provisions of ...his section shall not apply to the General and Lieutenant­ applied. As we have seen during the rebellion, some chiefs of staff corps were General of the Army. brusquely set aside, while others remained undisturbed. The same system was " • Retirements under this section shall be in addition to those now authorized by applied to the line. law. 1 To-day it is in the power of department commanders to cause the retirement of " That said orijPnal section 1244 be, and the same is hereby, repealed.' " all officers of the line over the age of sixty-two. In like manner, if not himself Unmindful of tne age of our Army commanders, from Washington down, the over age, the chief of any staff corps can cause the retirement of any of his sub· opponents of a system of compulsory retirement and speedy promotion rest their ordinates who may have incurred his displeasure. If neither a department com­ case on deductions from t.he late Franco-German war. In so doing they have laid mander nor a chief of staff corps choose to take action. the dreaded retirement hold of a weapon which cuts with both edges. may at any moment be caused by tho recommendation of the General-in-Chief or It should be remembered that under the continental syst.em all armies pass from the Secretary of War. the peace to the war footing by adding a second lieutenant to ea~h company and The manifest ;endency of this system is to destroy the independence, self-respect, filling np the ranks with men called back from the reserve: Wars under such a if not usafulne-.is, of many officers who are approaching or are over the age of system are necessarily short. The Crimean war lasted but little over a year; the sixty-two. St'eb as want to remain in service do not dare to stand on their record. Franco-Austrian, Prnsso-Anstrian, Franco-German, and Russo-Turkish wars were They natnrall i seek influence within and outside the Army. If they turn the pre­ all concluded in less than a year. In each case no opportunity was given for juniors scribed limit without being thrnst out, they still live in uncertain dependence upon to compete with their seniors. The time was too short for officers of the age of those who are above them. At sixty-three they find it no easier to retire than at Davoust and Lannes to break through the ernst of incapacity which bore down sixty-two; sixtv-five still finds them umvilling. To say that at seventy they and swept away the defeated armies. would be mentally disqualifie

Everything turned out as had been calculated. After the first easy victory on as shown in the history and experience of the world, I desire to call the frontier, ill the chief of stnff had to do waa to give to the German armies the attention here to what General Upton says in that behalf. My\On­ strate~ directions which brought them on to the battle-fields of Metz and Sedan. Supenor numbers, treason, and French demoralization did the rest. orable friend from Wisconsin [Mr. BRAGG] referred to it. Napoleon never omitted careful preparations, but his grandest triumphs in strat. I read extracts from a. pamphlet written by the officer mentioned egy and tactics were re erved for the excitement and tumult of battle, in support of honorable retirement of officers at a fixed age as in­ . -von Moltke has taught the world that an enemynnprepared can be vanquished before a declaration of war. His genius was the genius for work. Unlike Cresar, dispensable to the efficiency of the Army, and as demanded by Hannibal, or Napoleon, he will go down to history as the only famous general who common fairness and justice to young officers. I read that the com­ never held a military command. mittee may see that history demonstrates, as my friend from Wiscon­ Aft.er considering the facts from ancient and modern history, as well as those sin asserted yesterday, that the battles of the world have been won within our own experience, should Congress still be tempted to oaseitslegislation upon false deductions from the German system, it may fuld additional cause for re­ by young men; that the generals who have achieved independence for flection in the history of the Ute war, now in progress. Eow many officers. with their country, who have maintained that independence and integ­ the irresolution of advancing years, would, like Dodge, have galloped into the dark­ rity by leading its armies to victory, were all young men. In review­ ne s, intent upon savinu Thornburgh's command'· When the news came that ing the record of military heroes many examples are cited, as follows : Thornburgh was killed; fuat Payne, Cherry, and therr gallant comrades were fight. ing for life; when the conn try in suspense awaited tidiJigs of another massacre like Philip of M~edon ascended the throne at twenty-two, was the conqueror of the one on the Little Big Horn, how many colonels of cavalry, sixty-five years of Greece at forty-five, and died at forty-seven. a"'e, would, like Merritt, have attempted or dreamed it possible to march one hnn­ .Alexander the Great defeated the celebrated Theban band at Chreronea before ilied and sixty-five miles in two days I arriving at the age of eighteen, ascended the throne at twenty, had conquered the EMORY UPTON, world at twenty-five, and died at thirty-two. Brevet Major-General United States Army. Julins Cresar commanded a 1leet before Mitylene and distinguished himself before the age of twenty-two ; completed his first war in Spain and was made con­ Mr. BUTTERWORTH. I understood that my friend from Penn­ sul before the age of forty; conquered Gaul, twice crossed the Rhine, and twice invaded Britain before the age of forty-five; won the battle of Pharsalia and sylvania. [Mr. RANDALL] desired to yield five minutes' time to the obtained supreme power at fifty-two. Re died at fifty-six the victor of five hnn· gentleman from Kentucky1 [Mr. BLACKBURN.] . dred battles and the conqueror of one thousand cities. Mr. RANDALL. That IS my purpose, but the 'gentleman from Hannibal was made commander-in-chief of the Carthaginian army in Spain at Kentucky, who is a member ofthe Committee on Appropriations, is twenty-six, and bad won all hls great battles in Italy, concluding with Cannm, at 1 not now present. If the· gentleman from Ohio [Mr. BUTTERWORTH] ~r~~~~canus, the elder, distinguished himself at the battle of Ticinus at will accommodate me, I would like to reserve my five minutes until sixteen, and at twenty-nine overthrew the power of Carthage at Zama. near the close of the hour allowed for general debate. _ Scipio Africanus, the younger, had conquered the other Carthaginian armies Mr. BUTTERWORTH. ~fi'. Chairman,Iwanttorecurforamoment and completed the destruction of Cartha~e at thirty-six. Genghis-Khan achieved many of his VlCt.ories ana became emperor of the Mon­ to the matter of the reference of these quartermaster and commissary guls at forty. claims to the Court of Claims, and then addi·ess myself'brieflytothe Charlemagne was crowned king at twent~-six, was master of France and the consideration of the clause of this section which provides for the larger part of Germany at twenty-nine, 'placed on his head the iron crown of Italy honorable retirement of officers of thE:' Army at the age of sixty-two at thirty-two,' and conquered Spain at thirty-six. Gonsalvo de Cordova, the great c.aptain, had ~ained a great reputation and was years. I desire to state the positions we have endeavored to main­ made commander-in-chief of the army of Italy at forty-one. tain touching the transfer of these claiins. Henry IV, of France, was at the head of tb~ Hu~enot army at sixteen, became First. By the clause under discussion we bar out every claim which King of Navarre at nineteen, overthrew his enemies and became King of France is not now rightfully pending before the Quartermaster's Depart­ before the age of forty. Montecuculi, at the a~e of thirty-one, with 2,000 horae, attacked 10,000 Swedes ment or the Commissary's Department. and captured all their baggage and artillery; gained the victory of Triebel at Second. We enable the claimants to utilize everyparticle of testi­ thirty-two; defeated the Swedes and saved Denmark at forty-nine; and at fifty­ mony they now have on file. three defeated the Turks in the battle of St. Gothard. Saxe was a marb;haZ.de-camp at twenty-four, marshal of France at forty-four, Third. Instead of having an inexperienced officer to examine these and at forty-nine gained the falnous victory at Fontenoy. claims the worK is to be dispatched by five judges of the Court of Vauban, the great engineer, had conducted several sieges at twenty-five, was Claims-judges experienced and skilled in the work--thus securing marechal-de-camp at forty-three, aud commi&saire-generalof fortificatiousof France not only an early but a just determination of all pending ca.ses. at forty-five. Turenne, passin~ through the grades of captain, colonel, major-general, and Referring to the logic of mathematics, as presented by my friend lieutenant-general, oecame a marshal of France at thirty-two, and won all his dis­ from Maine, [Mr. REED,] allow me to suggest" that if the Quarter­ tinction before forty. master-General, encumbered as he "is with other duties, can dis­ The great Cond6 defeated the Spamards at Rocroi at twenty-two, and won all pose of these claims in three years, then the five judges of the Court his military fame before the age of twenty-five. Prince Eugene, of Savoy, was colonel at twenty-one, lieutenant-field-marshal at of Claims will be enabled to dispose of them in less than one year. twenty-four, and shortly after general-field-marshal. He gained the battle ot' We deprive these claimants of no single privilege to which they are Zenta at ~-four , and co:operated with Marlborough at Blenheim at forty-one. of ri~_ht entitled. We enable them to ,prosecute their claims to a Peter the Great, of Russia., was proclaimed Caar at ten years of age, organized speeaier conclusion and with reasonable certainty that if their a large armr at twenty, won the victory of Embach at thirty, fonnded St. Peters- burgh at thirty-one, and died at the a~e of fifty-five. . claims are just they will be allowed, but with equal certainty that Charles XI! completed his first campaign against Denmark at eighteen, over­ if fraudulent they will be rejected. I submit to the Hou~e ~nd to threw eighty thousand Russians at N arva before nineteen, conquered Poland and the country that no honest claimant who understands this bill can Saxony at twenty-four, and died at thirty-six. FreUerick the Great ascended the thron~ at twenty-eight, termiBated the first possibly have an objection to this transfer. If additional testimony Silesian war at thirty, and the second at thirty-three. Ten years later, with a pop­ is to be taken the district attorney or his assistant is the proper per­ ulation of but 5,000,000, he triumphed over a league of more than 100,000,000 of son to appear ann cross-examine the witnesses, so that claimants are people. deprived of no riO'ht in that behalf. :My friend from Maine [Mr. Cortes effected the conquest of Mexico and completed his military career before the age of thirty-six. REED] suggested t~at the proposition contained in the bill compels Pizarro compfeted the conquer;;t of Peru at thirty-five and died at forty. the court to see to it that the claims are established by sufficient Lord Clive distinguished himself at twenty-two, attained his greatest fame at proof, &c., and that that claURe would prevent the court from consid­ thirt:v-five, and died at fiftv. ering the affidavits, statements, reports, &c., on filewith the several Wolfe wa-s conqueror of Quebec at thirty-two. Napoleon was a m~or at twenty-four, general of brigade at twenty-five, and claims. My friend is in error in this. commander-in-chief of the army ofl:taly at twenty-six; achieved all his victories Mr. REED. That is what you would not allow me to expl:tin. Do and was finally overthrown before the age of forty-four. not answer what you would not allow me to say. Guided by that rare genius which made him a great commander, Mr. BUTTERWORTH. Proof is the effect of evidence. We could he selected to lead his corps and division, men in the very morning of not undertake to dictate to a court what it shall decide in a given manly physical strength and mental vigor. Quoting General Upton case. The court has sole jurisdiction to determine the effect of evi­ again, I cite the following examples, and to which I call your spe­ dence submitted. But we may prescribe rules of evidence. We pro­ cial attention: of the general field officers who were to Napoleon as vide here for admittin~ all the evidence these claimants have on file, his right arm-possibly as his head oftentimes-Dessaix was general not using the word eVIdence in its technical sense. It occurs to me of division at twenty-six; Massena, at thirty-five; Soult, at twenty­ that if these men are anxious to get justice here is the practicable nine; Davoust, at twenty-five; Eugene Beauharnais, at twenty-five; highway to it. If they are anxious to have the testimony come Saint Cyr, at thirty; Suchet, corps commander at twenty-ejght; under the scrutiny of the judicial eye, here is the opportunity given Oudinot, general of division at twenty-eight; Ney, general of divis­ them for it. If gentlemen arc in favor of economy, of saving at least ion at twenty-nine; Lannes, general of division at twenty-nine; $200,000 a year which is now uselessly and needlessly expended, here Joubert, general-in-chief of the army ofltaJ.y at twenty-nine; Victor, is the way to do it. That is all I have to say touching the subject general of division at thirty-two; Murat, general of division at of the transfer of these claims to the Court of Claims. twenty-seven; Mortier, general of division at thirty-one· McDonald, I desire now to say a word in support of the proposition which looks general of division at thirty; Marmont, general-in-chief of the army ·to securing efficiency in the Army, and of doing at least a measure at thirty-two; Bernedotte1 general of division at thirty; Lefebre, of justice to the junior officers in that arm of the public service. And general of division at thirty-nine; Duroc, general of division at in this connection I wish to read some extracts from the pen of a thirty. 'young officer whose rare attainments as a scholar, whose gallant, The average age of the flower of the French army-the officers who daring, and brilliant genius as a soldier, whose kind and courteous gave it its espritducm"_Ps, wonforititsworld-widefame,madeFrance bearing as a gentleman secnred for him the admiration of the Army master of Europe, and Napoleon a: dictator among kings-was thirty . antl the respect and confidence of his countrymen everywhere. I 11 years. By way of contra~t, the opponents of Napoleon were dis­ allude to Brevet'Major-General Emory Upton, whose untimely'and tinguished by their advanced age. melancholy death cast a gloom over all the Army and deprived the In the campaigns of 1796 in Italy, Beaulieu and Wurmser were octogenarians, public service of an officer of most consummate ability. Referring while Alvinz1 was over seventy.1 All had distinguished themselves in early life, to the age at which officers in the military service are most efficient, but had lost the energy and resolution required o1' a military commander. 1882. CONGRESSIONAL RECORD-HOUSE. 2505

In the ·Marengo eanipmgn;1800, Melas; 'the Austrian commander,. was a sol­ to the greatness and grandeur ofthe Repnblic, while their aged seniors. dier of more than fifty yea-rs' service, who had distinguished himself in the Seven shared in neither the danger nor hardships, bnt none the less received Years' War. , 1 In the campai~ of 1805, Mack 'was fifty-three, and Kutusoff sixty. The plan of the rank and the pay for duty not performed but which was devolved campaign they were directed to execute was drawn up by the still more aged gen· under a vicious system upon others. erals of the Aulic Council. · In the beginning of the late war the country was confronted by . In the Jena campaign of 1806, which, for the time being, totally destroyed the the same dangers-old men at the head of the .Army-age and e::&:pe- milit.ary power of Prussia, Napoleon at thirty-five was opposed by the Duke of Brunswick, seventy-one; Hohenlohe, sixty; Mollendorf, Kleist, and Massenbach, rience coupled with decrepitude. 1 all old generals of the time of Frederick the Great. J omini spoke of them as " ex­ The hero of Lundy's Lane and Mexico was to command the troops. humed from the Seven Years' War,- whose f:wulties were ftozen by age,-who of the Union. He was ably seconded by a number of generals who bav­ illustrious men than by providing that they sh:ill diihonor themselves ernment of the United States, and all claims which may be referred t.o it by either by jeopardizing the public safety in the manner suggested, for one, House of Congre.~s. I will prefer to have them go down to the grave with the laurels that.. These claims, arising either upon an implied contract, where there crown them now and with the spurs they have so worthily wo~ is a taking and appropriating of private property to public purposes, untarnished. or an express one, where there is a purchase and vouchers given, One word more and I have done. No man shall do more than my­ under the fifth article of the amendments of the Constitution of the self to honor these illustrious soldiers, but I insist that the rule which United States, declaring that private property shall not be taken for sound public policy prescribes, the rule which they themselves have public use without just compensation, render the Government lia­ sanctioned as being of the first importance in its purpose and results, ble to pay the same. The Court of Claims hadjurisdiction to adjudi­ shall not be nullified by themselves. If the rule is a good one­ cate these matters, and it was so determined by the passage of the and that it is a wise and salutary rule is not questioned-it should act of July 4, 1864, because that act expressly repeals the jurisdiction apply to these officers a-s well a-s to those who come after them. of the Court of Claims as to that character of cases, declaring that I repeat again that the officers the amendment would except have the court shall no longer adjudicate such cases, but they shall be trans­ testified, corroborating the experience and judgment of all time, tha.t ferred to the Quartermaster-General's and the Commissary-General's after men have attained to the age of fifty-five they are not in con­ Departments. The reason: no doubt, was that war being then fla­ dition to lead an army. The climax of their mental and physical grant, and these claims ansing in different parts of the country in powers is past. Why should they not be retired t They have been connection with the operations of the Army, could be passed upon honored. Wehavebuckledontothemgoldenspurs; we have woven more quickly and satisfactorily by the officers who had the author­ around their brows laurels for the victories they have won. ity to make such purchases and into whose hands the property Think of imperilinuthe efficiency of the Army, and hence the pub­ passed than by the Court of Claims here in the city of Washington, lic safety, to confer tYte doubtful honor on a worthy genera.! of retain­ far away from the seat of operations. Now that condition of things ing him in a position the duties incident to which be is confessedly ha~ passed away; it is no longer a settlement by those who seized no longer able to perform, and that only to enable him to draw a few or purchased, aud these claims ought to be adjudicateil. in some more paltry dollru:s from the Treasury. other way. They are now contested matters between the Govern­ By that standard we propose to measure the honor bestowed by ment and its citizens; disputed facts are to be adjudicated long the proposed amendment, i. c., in dolla.rs and cents; and since that years after.they were enacted, and justice to the citizen and Gov­ is so, I think we can make the honor more substantial and more im­ ernment both require that all the safeguards which the law can mediately available by giving them the full measure of honor in a throw around judicial inve tigations in order to elicit the truth, ob­ lump, by an appropriation based on an estimate under the Carlisle tain justice, and secure a fair and impartial trial should be given tables. We could thus commute their honors a-s they now do their and provided for by Congress. quarters and fuel. The gentleman from Tennessee [Mr. HousE] sug~ests to me that No, sir, what you propose is not honor, but dishonor. I am willing it was the Southern claims commissian that hadjunsdiction of these to vote these officers, who are so eminently deserving, who have made claims. In this he is mistaken. That commission had jurisdiction themselves and the flag they upheld so illustrious, what pay you will. in no ca es except where quartermaster stores or supplies were Do them what honor they might reasonably hope for from a grateful furnished to the A:rmy in States in rebellion. The jurisdiction of people whom they have served so well. But I will n:ot -vote to stul­ that commission did not embrace claims from loyal States like the tify ourselves and them and call it honor. State of Kentucky. The powers of the Southern claims commission .

1882. CONGRESSIONAL RECORD-HOUSE. 2507

applied only to claims from States that bad been in actual rebellion Mr. HOUSE. All points of order are reserved on the paragraph and were never excepted from the operations ofthelawbytbeproc­ and amendments thereto f lamation of the President of the United States. Besides, the Southern The CHAIRMAN. They are. claims commission bas expired. Mr. ATKINS. Let the amendment of the gentleman from Indiana Mr. WHITE. May I ask the gentleman a question f be read. Mr. THOMPSON, of Kentucky. Yes sir. Mr. CALKINS. I {)ffer the following amendment: Mr. WHITE. Does not the gentleman believe, as a lawyer, that But this provision shall not apply to the present General or Lieutenant-General the effect of this transfer will be to give the large rebel claims an ti~:::f=~~:S'i~!:.Y may be retired at the age of sixty-five years, at the discre- advantage over the small loyal claims, the examination of which is now almost completed in the Quartermaster-General's Office under The CHAIRMAN. Is there objection to considering that as pend­ the law of 1864 Y - ing Y The Chair hears none. Mr. THOMPSON, of Kentucky. No, sir, I do not believe it will Mr. HOLMAN. I insist on my point of order. give anybody an advantage, because we have a supreme judge and The CHAIRMAN. All points of order are reserved on the para­ four associate justices to investigate these claims. As far as I know graph and amendments thereto. The first question is on the amend­ there are 17,000 claimB, according to the report of the Quarterma-ster- ment of the gent.leman from Wisconsin, [Mr. BRAGG.] eeneral'sOffice, still pending for adjudication. The gentleman from Mr. BUTTERWORTH. If the gentleman from Wisconsin will l\fichigan [Mr. BURROWS] ],las stated there were 12,000 filed in the yield I will move the committee rise. six months preceding the expiration of the law when they could be Mr. RANDALL. The point of order to the paragraph had better filed. A large number comes from Indiana and other States under be disposed of before amendments are considered. what is known as Morgan's raid. They are filed, waiting to be ex­ Mr. ROBINSON, of 1\I~sachusetts. I understand a point of order amined. Besides there are 18,000 filed away, most of them, proba­ has been made by the gentleman from Indiana to the section which· bly, on account of alle~ed disloyalty of.the claimants. Each one is has been read. subject to re-examinatiOn under the law at any time when new or Mr. HOLMAN. To the last clause of it. additional proof is presented, because the Quartermaster-General, Mr. ROBINSON, of Massachusetts. A certain portion of that sec­ under the act of 1864, has no right to reject any man's claim. All tion. I submit it is not in order to amend the section until that he can do is to report either for payment or to file away, to be con­ point of order is disposed of. sidered on new proof or any new law authorizing it to be heard Mr. RANDALL. That is correct, and what I have called attention again. to. The CHAIRMAN. The time for general debate has expired, and The CHAIRMAN. The Chair desires to state, if the committee t • the bill will be read by -paragraphs for amendment and discussion will permit, that these sections, clauses, and. paragraphs are so long under the five-minute rule. and so complex that it is ntterly impossible to separate them. At Mr. BUTTERWORTH. I desire to say to the committee !should the request of gentlemen ou the floor, without objection, the Chair like to go through such items as will not provoke discussion and pass allowed this entire section or paragraph to be read over, and then, over such a-s will, and then move the committee rise. upon the motion of the gentleman from·Indiana, the point of order Mr. HOUSE. Let us rise now and adjourn. was reserved upon a portion of it at the close of the paragraph. Mr. BAYNE. There are some points of order pendinO'. The Chair does not understand the point of order as applying to The CHAIRMAN. The points of order cannot be reac'hed until the anything in the paragraph but the concludin(J' proviso. paragraphs are read. The Clerk will read the first paragraph. Now, upon a portion of the section upon which no point of order The Clerk read as follows : has been made, the gentleman from Wisconsin introduced an amend­ PAY DEPARTMENT. ment, and the Chair does not understand that the point of order is For pay of the Army: For one General, one Lieutenant-General, three major­ to be considered at the present time, but to be deferred nntil we generals, sixteen brigadier-generals, thirty-nine aids-de-camp, in addition to pay reach, in the consideration of the bill in its regular course, that pro­ in the line, sixty-six colonels, eighty-five lieutenant-colonels, two hundred and forty-four majors, three hundred ana fourteen captains, mounted, three hundred viso to which the objection is made. and six captains not mounted; thirty-four chaplains, twenty-<>ne storekeepers!. Mr. RANDALL. But the point of order raised against the original forty adjutants, forty1 regimental quartermasters, adjutant and quartermaster ot matter of the section itself certainly shonld be decided before the Engineer Battalion, in addition to pay in the line, two hundred and two first section is open to amendment. That is the practice of the House. lieutenants, mounted, three hundroo and sixty first lieutenants, not mounted, one hundt·ed and fifty second lieutenants, mounted, three hundred and five The CHAIRMAN. The bill must be considered by paragraphs. l'!econu lieutenants, not mounted; to one hundred and eighty acting commis­ Now the point of order is made as to a separate and distinct proviso saries of subsistence, in addition to pay in line, to officers of foot regiments or paragraph at the end of the section. The point of order, as the while on duty which requires them to be mounted, t{) the officer in charge of pub­ Chair understands, is not made to the entire paragraph which has lic \.mil dings and grounds in Washington; additional pay to officers for length of service, to be paid with their current monthly pay, and the actual time of been read, but to this proviso at the end of it. service in the Army or Navy, or both, shall be allowed all officers in computing Mr. RANDALL. But the time to consider the point of order to their pay; pay to ewisted men for length of service, payable with their current the section is before we proceed with the consideration of the sec­ monthly l_)ay: retired officers; for the payment of any such officers as may be in service, either upon the active or retired list, during the year ending June 30, tion itself. 1883, in excess of the numbers for each class provideufor in this act; erilisted men Mr. CALKINS. The time to consider the question of ord~.r is of all grades, not exceeding 25,000 men; five hundred enlisted men of the Signal when the provision or clause objected to is first reached. Now I do Corps; the allowances for travel, retained pay, and clothing not drawn, payable not think that there is any dispute between members as to that to enlisted men on discharge; two retired ordnance-sergeants; and for mterest on deposits of enlisted men ; for mileage of officers of the .AJ.my for travel on duty proposition; but by consent -we may perfect every part of the clause, nnderorders; formiscellaneousexpenses, to wit: hire of onehundredand twenty­ reserving the point of order against that proviso until we reach the five contract surgeons and two hundre:l hospital-matrons; extra-duty pay to en­ end of the clause. That is simply what I understand the gentl~man listed men for service in hospitals; pay of ~-four paymasters' clerks and four­ from Indiana to claim. teen veterinary surgeons ; hire of paymasters messengers, not to exceed $15,000; Mr. ROBINSON, of :Massachusetts. Chairman, I do not want cost of tele~s on official business received and sent by officers of the Army; Mr. compensatiOn of citizen clerks and witnesses attending upon military courts and to leave this matter in any uncertain shape, because there ia cer­ commissions; travel expenses of paymasters' clerks ; and for commutation of tainly no consent given, so far as I understand it, that we are to go quarters for officers on duty without troops at places where there are no lJUblio on and amend the section so far as we may, and then go back and quarters, in all, $12,247,198: Provided, That the allowance for commutatiOn of quarters to the Lieutenant-General of the Army shall be $100 per month; and for see whether the pointoforderis good against it, afterwehavetaken officers and enlisted men of the Signal Corps serving in the Arctic regions, the the time to amend it. I do not know but that the Chair is-- same in amount as though they were serving in Washington, District of Colum­ Mr. BRAGG. There is but one section to the bill. bia : And provided further, That on and after the passage of this act all officers in I the Army who are over sixty-two years of aae shall be placed on the retired list; Mr. ROBINSON, of Massachusetts. do not know but that the ·~md no act now in force shall be so construed' as to limit or restrict the retirement Chair is entirely right in proceeding to dis-pose of the entire clause of officers as herein provided for. or section by paragraphs until we come to the point of order raised Mr. HOLMA.L~. I make the point of order against the last clause against a particular clause or proviso. But I presume the Chair pro­ of that paragraph. poses, when we shall have reached that particular place, that the Mr. BRAGG.. I have an amendment to offer. point of order is to be first considered. If that be the understand­ The CHAIRMAN. The gentleman from Indiana will reserve his ing, it will be well enough, and there would seem to be no reason­ point. of order till the amendment of the gentleman from Wisconsin has able objection to that course. lJeen read. Mr. CALKINS. That is what I suggested. Mr. HOLMAN I will reserve it. Mr. RAND~L. Ifthat is tbe understanding, there is no objection Mr: BRAGG. I ofl'er the following amendment': t.o it. Mr. ROBINSON, of Massachusetts. That would meet my views, foltl::~d by inserting after the word " pay," where it first oc~urs in line 48, as and I should think there would be no objection to it; but the gentle­ ''Provided, That in computing the length of service for additional pay the time man from India.na seems to go away from that. of service on the retired list shall in no case be computed, nor shall any additional Mr. CALKINS. Not at all. Ifthe gentlemanfromMassachusetts pay be allowed for such service." had undflrstoodme clearly, he would have understood me as recom­ Mr. CALKINS. I desire to offer an amendment to be read and mending exactly what he has stated. c~msidered as pending, as I understand the committee is going to Mr. ROBI:KSON. of Ma sachusetts. I only want that to be clearly nse. I wish to have the amendment pending and printed in the understood. · RECORD. Mr. BUTTERWORTH. I understand that a number of amend­ The CHAIRMAN. The Chair can entertain only one amendment ments are to be offered. I do not see any objection to their being a.t a time for action in committee. offered with the understanding that they be regarded as pending, CONGRESSIONAL RECORD-HOUSE. APRIL ·1' 2508 ' subject to the point of order. If that suggestion meets the views of ByMr. BAYNE: the committee I have no objection to it. .After the word " age, u in line 79, insert these words : Mr. RANDALL. If we are to understand that there are other para­ "Excepting the present General, Lieutenant-General, and Major-Generals of' ·1e graphs of the bill to which we may be permitted, if desired, to make Army, and the Brigadier-Generals who have received the thanks of Congress.·· the point of order, we understand that we are entitled to make By Mr. BRAGG: them as we reach the different sections. If so, there is no objection. Proviclea, That any officer who is supernumerary to the permanent oraaniza­ The CHAIRMAN. The Chair so understands. tion of the Army as provided by law, may, at his own request, be honorab,y dis· Mr. CONVERSE. I desire to offer an amendment, to be printed charged from the Army, and shall thereupon receive one year's pa.y and allow­ ances for each five years of his service, but no officer shall receive more than three in the RECORD. years' pay and allowances in all. Mr. BLOUNT. I demand the regular order. The CHAIRMAN. The gentleman from Ohio in charge of the By Mr. MOREY: bill asks unanimous consent of the committee that gentlemen may Add after line 165, on pap:e 8, the following: . now offer amendments, to be pendin(J' in connection with this sec­ ".Ana provided. further, That the proper a.ccountin~ officers of the Treaaury De· partment be, an~ they are hereby, authorized and directed to receive, pass upon tion and considered in the order in whlch they are presented, before and settle all cla.uns for property taken and used by the Union forces engaged in proceeding with the consideration of the point of order made to the O:(>POs_in~ or pursuing the re"t!el forces m;tde! General .John Morgan, while making section. Is there objection Y _ ~ ra.I.d mto the States of Indiana. and Ohio, m .T nly, 1863 · ~d that th«: sain a{}C()unt._ mg officers of the Treasury shall take and accept a.s s~c1ent proof, mall claims so Mr. ATKINS. The Chair means, I presume, the paragraph, not diSpo ed of. the ad,judications made by the commissions appomted by said States the section. respectively, togetherwith the accompanying proofs, whlch claims, adjudications' Mr. BLOUNT. I object. and proofs were filed in the offices of the adjut.ant-generals of said States respec~ The CHAIRMAN. Then the Chair thinks that the only business ively ;_and that th~ Quartermaster-General is hereby directed, upo_n th~ request before the committee is· on the amendment of the gentleman from of claimants or thiDr attorneys,~ to turn over to the proper accounting offiCjilrs of the Treasury all claims hereto~ore filed in his office for property taken from citi­ Wisconsin. zens of the States of Indiana and Ohio doing the saidMorgan ra.1d." Mr. ATKINS. Unless I can understand the Chair I shall have to object to any such arrangement as that proposed. I want to know Mr. BUTTERWORTH. I move that the committee rlse. whether the Chair means .the section or simply the paragraph. The motion was agreed to. · The CHAIRMAN. The Chair will state again that the method of The committee accordingly rose; and the speaker having resumed consideration always followed and which he-desires to follow, if that the chair, Mr. HAsKELL reported that the Committee of the Whole be the sense of the committee, is to read right through to the end of House on the state of the Union having had under consideration the the paragraph. Now, the point of order was made upon that por­ bill (H. R. No. 5559) maki,ng appropriations for the support of the tion of the varagraph which comes after the said proviso. However, Army for the fiscal ye;u- ending J nne 30, 1883; and for other pur- before that point of order was made, or the part of that section or poses, had come to no resolution thereon. • paragraph of the bill on which the point of order is made had been INDIAN .APPROPRIATION BILL. reached, the gentleman from Wisconsin offered an amendment to Mr. RYAN. I ask consent that the bill (H. R. No. 4185) making some preceding matter in the paragraph which has not been debated appropriations for the current and contingent expenses of the Indian and not considered. Now, the Chair proposes to put before the com­ Department and for fulfilling treaty stipulations with various Indian mittee the amendments in the order in which gentlemen obtained tribes for the year ending June 30, 1883, and for other purposes, with recognition, c9mmencing at the beginning of the paragraph and con­ amendments by the Senate, be taken from the Speaker's table and tinuing the consideration of the para(J'raph and amendments until referred to the Committee on Appropriations, and that the Senate in the consideration of the bill we rea

zens of Maryland, .for the establishment of a light-house at Drum· Mr. HAMPTON presented a memorial of the city council of Charles­ Point Harbor, Calvert County, Maryland-to the Committee on Com­ ton, South Carolina., in favor of an appropriation for the completion merce. of the jetties in the harbor at that place; which was referred to the By Mr. .CRAPO: The petition of Franklin Crocker, forTelief-to Committee on Commerce. the Committee on Claims. He also presented a petition of inmates of the Soldiers' Home, of By Mr. DE MOTTE: The petition ofJolmE. Hopkinsand91 others, Washington, District of Columbia, ex-soldiers of the Mexican and citizens of Indiana, for legislation to regulate railway transporta­ Indian wars, praying for an amendment of section 48~0 of the Revised tion-to the Committee on Commerce. Statutes, so a-s to grant them an increase of pension; which was By :Mr. DEUSTER: Memorial of the Legislature of Wisconsin, . referred to the Committee on Military Affairs. asking the Government for a. cession of certain lands to be used for Mr. ROLLINS presented the petition of ex-Governor James .A. park }Jurposes-to the Committee on the Public Lands. Weston, Thomas J. Morgan, G. B. Chandler, Nathan Parker, and · Also, the petition of E . .Asherman & Co. and others, against the other citizens of Manchester, New Hampshire, praying for the pas­ pas a~e of the "free-leaf-tobacco" bill-to the Committee on Ways sage of the Lowell bill, establishing a uniform bankrupt law through­ and 1\ieans. out the United States; which was ordered to lie on the table. By Mr. HENRY S. HARRIS : Memo1·ial of the German Society of Mr. BROWN presented a petition of citizens of Georgia, North New York City, for legislation for the protection of arriving immi­ Carolina, and South Carolina, praying a modification of the Hawaiian grants-to the same committee. treaty so that rice raised in the Hawaiian Islands shall pay the same By 1\Ir. HOUSE : Papers relating to the claim of R. M. Richards, tariff duty as is paid by rice from other countries; which was re­ of Davidson County, Tennessee-to the Committee on War Claims. ferred to the Committee on :Finance. By Mr. J. K. JONES: Papers relating to the claim of William B. He also presented a petition of citizens of .Augusta, Georgia., pray­ 11orden-to the same committee. ing an appropriation for the improvement of Savannah River, both By Mr. LEEDOM: The petition ofH. C. Barnes and 66 others, citi­ above and below .Augusta ; which was referred to the Committee on zens of Pike County, Ohio, for the repeal of the law imposing a ta.x on Commerce. bank deposits, banks, &c.-to the Committee on Ways and Means. He also presented a petition of citizens of Albany, Georgia, pray­ By Mr. M.ANNING: Papers relating to the claim of Collen Becker­ ing an appropriation for the improvement of the harbor of Savannah; Cite and of William Rankine-severally to the same committee. which was referred to the Committee on Commerce. By Mr. MOORE : Papers relating to the claim of John M. Bowman, Mr. GROOME presented the petition of Hon. J. D. Clark, of Mary­ of .Austin Beatty, and of Rosa Bloom-severally to the same com­ land, in favor of an appropriation for deepening Dividing Creek, ill mittee. Talbot County, Maryland; which was referred to the Committee on By Mr. MORSE: The petition of Rebecca Stone and others, pray­ Commerce. • in~ for the passage of the French spoliation clai}:Bs bill-'-to the Com­ Mr. COKE presented the memorial of the Houston (Texas) Cotton nuttee on Foreian Affairs . Exchange and Board of Trade, in favor of declaring the city of Ry Mr. l\IULJ5ROW: Memorial of Captain C. L. Lincoln and oth­ Houston a. port of entry; which was referred to the Committee on • ers, for an amendment of the United States militia la.wa-to the Com­ Commerce, and ordered to be printed in the REcoRD, as follows : mittee on the Militia. To tJt,e lumorable tM &nate and House of Rqresentati11u By Mr. PAYSON: The petition of citizens of Iroquois County, of the United Statu of .America in Oongrus a88embled: Illinois, calling for an investig-ation into the conduct of General S. The memorial of the Houston Cotton Exchange and Board of Trade, of'the city D. Sturgis at Gnntown, Mis&ssippi~to the Committee on Military of Hons~n, Texas, praying that the city of Ho~n be decla.red a port of entry Affairs. of the Uruted States, respectfully represent~ · By Mr. WILLI.AM E. ROBINSON: Papers relating to the appli­ The city of Houston is a port of delivery of the United. States~,. ~itua.ted at the head of tide-water on Bnffafo Bayou, fifty miles from the Gulfof ..Mexico. -cation of Sergeant Charles L. Denman, for reappointment to the The popula.tion of the city of Honston is estimated. to be 20,000. The following .Army-to the same committee. statistics are given for the year ending September 30, 1881: .Alsq, papers relating to the proposed purchase of copies of Hunter's Taxable we:llth ...... $7,028,000 00 work entitled Port Charges of the World-severally to the Com­ Capital invested in public works (gas a.nd water).-·...... 275,000 00 mittee on Foreign Affairs. Capital invested in ma.nufaeto.res.-...... ··-···-..-- .. ·····--· .. 1,500,·000 00 By Mr. RY.AN: The petition of citize:Q.s of Reno County, Kansas, Capital invested in shipping. • .. • • . • . . • . . . • • . . . . • • • . . . . . • . . . . • . • . . • . 350, 000 00 Capital invested in banks ..... _ ..---·········---· ··---·-...... 700,000 00 for a. bill to establish a. board of commissioners of interstate com­ Capital invested in cotton compresses (4)...... ••••••.•.. .•.• •• • 335,000 00 merce-to the Committee on Commerce. Estimated sales of merchandise, manufactured articles, and lUJ?ber. 15, 000, 000 00 By Mr. SCRANTON: The resolutions adopted by tlle Saint Mary's Catholic Total Abstinence Society of Providence, Pennsylvania., con- Postal revenue and bu.rineu for tM year ending J uM 30, 1881. • earning the 'imprisonment of .American citizens in British prisons­ Grose revenue ...... --...... $35,259 80 Deposits by postmasters and ex-postmasters .••...••.•.•...•..••..•. 187,373 42 to the Conimittoo on Foreign Affairs. Disbursements, same account...... 187,372 51 By Mr. P. B. THOMPSON: The petition of Charlotte T. Brown, Reoeipi.a from money.orders a.nd fees ...... 245,128 82 for restoration to the pension-rolls--to the Committee on Invalid Pen­ Disbursements (ll!oney-orders paid) ...... 293,517 02 sions. Estimated increase of .revenue and deposits for the year ending December 31, By Mr. OSCAR TURNER: The petition of Samuel Shultz, for com­ 1881, say 10 per cent. pensation for property taken and nsed by the United States .Army Vessels drawing nine feet of water now discharge their cargoes at the railroad wharves, sixm.ilesbelow the city limits. The work of ship-channel improvements, during the late rebellion-to the Coinmittee on War Claims. now nearly completed by the United States engineers, will afford passage for ves· sels of twelve feet draft to the same point. The work of extending twelve-foot navigation from thence to the city of Houston has been commenced under the appropriations made by Congress. SENATE. This will afford to the city of Houston navigation for a.ny vessels now able to' cross the Galveston- outer bar. The present navigation to the city is si1r feet­ MONDAY, April 3, 1882. the business being done by steamboats, lighters, and light-draft sailing vessels. In addition to her tidal position, Houston is the aekiiowledged rallioad center Prayer by tli.e Chaplain, Rev. J. J. BULLOCK, D. D. of Texas. Nine railroad lines diverge from this point, embracing a mileage of The Journal of the proceedings of Friday last was read and ap­ 2,296 miles. The extension of. these lines now in progress embrace the construc­ proved. tion of 1,090 miles additional railway. The comyletion of the Southern Pacific Railway, expected during this year, will EXECUTIVE CO:M:MUNICA'l'IO~. make the c1t:v of Houston the nearest tide-waterpointon that great J:ailway line for The PRESID. ~NT pro ten~porolaid before the Senate a communica­ the trade of Mexico and the Territory of New Mexico. tion from the Secretary of ·war, transmittin~, in response to a. reso­ The extraordinary facilities centering at Houston. for the transfer of bonded goods to and from foreign vessels in the Gulf_of Mexico are .referred to as a.n argu· lution of March 15, 1882, a. report from Captarn Amos Stickney, Corp~ ment in favor of declaring Houston a port of entry. The same argnmen.ts mayoe <>f Engineers, relative to Bayous Courtableau, Teche, and Terre adduced in behalf of the bonded trade, coastwise from Atlantic ports. Bonne, Louisiana; which was referred to the Committ~e on Com­ The freights handled at Houston by the railroads in the year ending August 31, merce, and ordered to be printed. 1881. are estimated at 3,185,138,000 pounds-tons, 1,592,569. Of the above it is estimated that-the following were the products of Texas: PETITIONS A1ID MEMORIALS. Pound-s. The PRESIDENT pro tempore presented the petition of R. B. Will­ Cotton, 669,190 bales ...... ••..•..... -·...... 334, 595, 000 ia.mson1 ?fWashington, District of Columbia., praying an examina­ Wool ...... ___ ...... -...... 7,432, 723 tion of nis method ofc>urifying the air in public buildings, churches, Live stock ...... '...... 29,304,100 halls, and other places, and referring to tests of such method made Hides, tallow, &o ...... ••••• ...... 5, 254,241 Grain1 hay, &.c...... 103,664,315 in the Supreme Court, the Treasury Department, and Light-House Lumber (number of feet, 264,859,540) ..•••....•....•••..•.•••..•..••. 1,059, 438, 163 Board; which was referred to the Committee on Public Buildings Sugar and. mola.sses ...... ·-...... _...... • ...... • .. 6, 900, 000 .and Grounds. Mr. MILLER, of California., presented a. memorial of the Chamber HOUBton cotton statement for the year ending .August at. of Commerce of San Diego California, in favor of the establishment