fsso. CONGRESSIONAL RECORD-SENATE. 1363 fairly it must be construed in reference to the case in which it was from Indiana, I think the Nineteenth Indiana, as brave a body of pronounced ; and I would say that in a case where the statute author­ men as ever trod a battle-field; a body of men who, for heroism, for ized only fine and imprisonment or such other punishment as the court endurance in the privations of war, and for soldierly bearing and con­ might adjudge, the words" such other punishment "meant such other duct everywhere, would not suffer by comparison with the Old Guard lesser punishment as the court may inflict; it certainly would not of Napoleon. In one of the battles of that campaign, this brigade authorize a man to be shot. But in this case the article of war un­ lost in killed and wounded, one-third of its numbers. This was be­ der which Fitz-John Porter was tried is the ninth article and it pro­ fore Porter's disobedience of orders, but as the campaign was turned vides that : from a success to a defeat by Porter's disobedience, all their lives A.JJ.y officer or soldier who * * * shall disobey any lawful command of his were sacrificed in vain, which otherwise would have been a part superior officer, shall suffer death, or such other punishment as shall, according to of the p1i.ce paid for the success of the campaign. Every train of the nature of his offense, be inflicted upon him by the sentooce of a court-martial. cars that penetrated the interior States for months afterward came It is a maxim of the law that what may not be done by a court or freighted with the sacred remains of our slaughtered soldiers. These by a legislature directly cannot be done indirectly; but I have never were piled up at railway stations like merchandise. They sleep now heard the converse of this maxim asserted. I have never heard it in the graves that dot every high hill and evefY green valley in Wis­ said that what a court or power could do indirectly, it could not do consin. Our people will not soon forget Fi'tz-John Porter. They directly. If that court thought it essential to exclude Fitz-John Por­ w;ill never forgive him. They would not soon forget me and never ter from all offices of honor, profit, and trust, they had it in their forgive me if I should stand here as their representative and vote power to effect that purpose. The act passed by Con~ress authorized to put Porter back where he would have been if he had not!committed that court on convicting the defendant to sentence him to be hanged this unspeakable crime, and pay him all that he would have had if or shot. That would have disqualified him from holding any office he bad remained in the service and served his country faithfully. of trust, honor, or profit under the , with a vengeance. Queer things are being done these days. This thing may be done Now can it be maintained that where a court may take a man's life by the Senate. It will not be done by my vooo. Were I to vote for as a punishment, they cannot exclude him from office and save his this bill I should fancy that the tears of widows and orphans were life 'I In other words, does not the greater include the less in this as moistening the dust at my feet ; I should imagine that the disem­ in all other instances 'i It is perfectly clear that the court under that bodied spirits, the frowning shades of twenty thousand soldiers, article of war had jurisdiction to sentence him to death. That there slaughtered in vain, were mustering in this Chamber to scourge me is no doubt about; and having that, they had a right to inflict any from my seat. Nevertheless, Mr. President, God's will be done. It lesser punishment. may be that even this last travesty upon justice is necessary. They Then the only restriction upon them was the clause of the Consti­ tell us that whom the gods mean to destroy they first make mad. It tution that cruel and unusual punishments should not be inflicted. may be, although it seems impossible, that the democrats are not This certainly was not a cruel or unusual punishment. Disqualifica­ mad enough yet to insure their total destruction. This last act may tion to hold office, as a penalty for crime following conviction, exists be needed to convince the American people that, to insure a proper by the faws of almost all the States, and our Revised Statutes are discrimination between virtue and vice, to fix the proper ban on dis­ full of provisions which prescribe that when a man is convicted of loyalty and hold rebellion in check, we need in the White House certain offenses, a part of his sentence shall be that he is disqualified once more the steady hand, the cool head, and the patriotic heart of to hold any office of honor, or trust, or profit. · U. S. Grant. [Applause in the galleries.] Now, Mr. President, I shall leave this case. I had intended to re­ Mr. BAYARD. Mr. President-- view the testimony on the question, Was Porter guilty? There are Mr. DAVIS, of Illinois. The Senator from Delaware does not wish two reasons why I do not. In the first place I think it wholly unnec­ to proceed now, I suppose. If the Senator will yield, I move that essary, because if we have no constitutional power to pardon, or what the Senate adjourn. is the same thing relieve him from any part of that judgment, it is Mr. GARLAND. I think there is some executive business we might immaterial whether he was guilty or was not guilty. In the next transact, and I suggest that we have an executive session. place, that part of the task bas been performed by the Senator from Mr. DAVIS, of Illinois. I withdraw the motion for that purpose. Illj.nois so much better than I could do it, that I will not take the AMENDMENT TO A BILL. risk of weakening the impression he made by going over the same ground. - Mr. PADDOCK submitted an amendment ilitended to be proposed Mr. President, I have no feeling against Fitz-John Porter of any by him to the post-route bill; which was referred to the Committee kind. I was with him a year at the Academy at West Point. I had on Post-Offices and Post.-Roads, and ordered to be printed. always esteemed him until this affair occurred. In all his former EXECUTIVE SESSION. history in the Army, no man ever questioned his courage, no man Mr GARLAND. I move that the Senate proceed to the considera­ ever questioned his devotion to the flag. He stood high; he performed tion of executive business. his duty well, and was entitled to praise and credit, and had it too The motion was agreed 'to; and the Senate proceeded to the con­ from all sources ; he was brevetted for gallant conduct, but as the sideration of executive business. After one hour 'Spent in execu­ Senator from Illinois well said yesterday, those thin~ become aggra­ tive session the doors were reopened, and (at three o'clock and forty vations of his offense under the circumstances of this case. minutes p. m.) the Senate adjourned. The testimony here, which I have examined pretty fully, convinces . . I me, not that Porter was disloyal to the Union, not that Porter meant that the South should succeed in breaking up the Government, but he was devoted to McClellan; McClellan was the idol of his heart and the star of his hope. He wanted to see McClellan succeed first. IN SENATE. He wanted to see our cause prosper, but he wanted McClellan to lead MONDAY, March 8, 1880. us to victory. He was the man to whom he was attached, the man on whom all the affections of his heart seemed to be centered; and it Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. was bitter as death to him when McClellan was supplanted in com­ The Journal of the proceedings of Saturday last was read and ap­ mand and •succeeded by a man for whom he seems to have had great proved. contempt. That was the fault and caused the fall of Fitz-John Por­ DISTRICT WATER SUPPLY. ter, who, like Lucifer, fell, never to rise again. The VICE-PRESIDENT laid before the Senate a letter from the Why, look at the offense of which he has been convicted-and I commissioners of the District of Columbia, in reply to a resolution of think the testimony sustains the finding of the colll't. There a bat­ the Senate relative to an additional water supply on Capitol Hill; tle was raging, upon which the fate of this nation might be depend­ which was referred to the Committee on the District of Columbia. ing. Orders w~re issued to him again and again, which he disre­ He also laid before the Senate a letter from the commissioners of garded; which he flatly disobeyed, and when finally, in obedience to the District of Columbia, in reply to a resolution of the Senate relative the positive order to come and report on the battle-field to Pope in to the waste of water in the District; which was referred to the Com­ person, he did come up; he came up, as it is said, without one of his mittee on the District of Columbia; • brigades, and so tardily as to show that he had no wish for Pope's success, and no desire to obey the order. Why, Mr. President, life PEABODY EDUCATIO:Y FUND. depended on his obedience-the life of an army, perhaps the life of The VICE-PRESIDENT presented the following memorial; which a nation. If General Porter should go down the A venue to-day and was read: kill a man he would be indicted, tried, sentenced, am! hanged-life To thelwnorable fhe Senate an

The VICE-PRESIDENT. That change of reference will be made. Mr. KERNAN. I would state that the bill sill\PlY declares that a Mr. ANTHONY. The Committee on Printing, to which was re­ vessel used as a common carrier of persons and freight shall not be ferred a letter of the Secretary of War in relation to binding for the forfeited by any illegal act, unless it shall appear that the owner or libraries of the bureaus of the War Department, and similar letters master at the time of the alleged illegal act was a. consenting party from the Secretary of the Interior and the Secretary of the Navy in or privy thereto. relation to-their Departments, have instructed me to report a bill. A very large number of petitions have been present ed for the pas­ The bill (S. No. 1435) to amend an act entitled" An act making ap­ sage of such a bill, which the Committee on Finance have carefully propriations for sundry civil expenses of the Government for the fiscal examined. They believe it is right and fair that a vessel should not year ending June 30, 1879," approved June 20, 1878, was read twice be forfeited where a passenger, or even a sailor, smuggles in goods or by its title. anything else where neither the owner nor master nor any of the offi­ Mr. EDMUNDS, from the Committee on the Judiciary, to whom cers had any knowledge of the matter a,t all. The goods are forfeited was referred the bill (S. No. 1079) regulating the times and places for and the person so smuggling is liable to the penalty of the law, of holding the district courts of the United States for the district of course. 'The Committee on Finance was unanimous in recommending Maine, reported it with amendments. the bill. Mr. THURMAN, from the Committee on t he Judiciary, to whom Mr. HAMLIN. Will the Senator be kind enough to read t he section was referred the bill (S. No. 1408) to further amend the ac.t entitled to which the bill refers, ii h e has it before him T " An act to reorganize the courts of the District of Columbia, and for Mr. KERNAN. It takes this out of a very large number of sect ions other purposes," approved March 3, 1863, and to repeal section 861 of where either the owner or master knew or consented in any way to chapter 24 of the Revised StatutPs of the District of Columbia and the illegal act. It is taken out of various sections under title 34. re-enact the same as amended~ reported it with amendments. M.r. HAMLIN. Let me inquire of the Senator from New York if it CHANGE OF REF ERENCE. will not result in this, that if you exonemte the vessel from all pen­ alties in case of a violation of the law t he owners will put their ves­ Mr. CALL. Ori Saturday I asked the r eference of the bill (S. No. sels into the hands of those persons who will violate the law and thus 1434) forthe relief of the estat e of William D. Moseley, which I pre­ escape .the penalty f sented by request, to the Committee on Claims. I ask that the Com­ l\Ir. KERNAN. Allow me to say that wherever the master, the per­ mittee on Claims be discharged from the further consideration of the son controlling at the time, consents to or knows of any act of this bill and th::tt the reference be changed to t.he Committee on Naval kind, the vessel remains liable to forfeiture just as it is now. But it Affairs. is stated in these petitions that oftentimes a passenger brings in goods, The VICE-PRESIDENT. The Chair hears no objection, and the or 80me steward or sailor does it , and the vessel becomes liable to for­ request is granted. feiture. This, it is said, subjects the owners to great hardships, and TOLLEY A1'"'D EATON. often to exa.ctions which, when they afterward apply to ha,ve remit­ Mr. HARRIS. A bill (S. No.170) for the relief of Tolley and Eaton ted, are remitted. The bill was sent to the Treasury Department and was introduced by II1-YSelf and referred to the Committee on Claims, the sections were looked int o. We do not understand that t here is any from which it was favorably reported by the Senator from Alabama., danger to the revenue from enacting the proposed law. [Mr. PRYOR.] The mat ter having been a,djusted by the Department, I will say one other thing. This is only making t be law as t o these I now move that the bill be postponed indefinitely. vessels the same as it is now as to all the railroad cars which come into The motion was agreed to. our country from Canada. BILLS L""iTRODUCED. There was an objection first made to relieving them from certain l\lr. FERRY asked, and by unanimous consent obtained, leave to sections, but upon examining those sections they were found to be introduce a bill (S. No. 1436) to restore to the pension-roll the name cases where the master, th~ man controlling the vessel at the time as of John E. Babbitt; which was read twice by its title, and referred master, violated the law, and then he is not exempt at all by this bill. to the Committee on Pensions. Mr. BA.YARD. I will say t.o my friend from Maine that the object Mr. KERNAN asked, and by unanimous consent obtained, leave to of this bill is to relieve vessel property from penalties totally dispro­ introduce a bill (S. No. 1437) for the relief of the mission of Saint pprtioned to the offense charged. In the case of a valuable steam­ James, in Washington Territory; which was read twice by its title, ship with her cargo, worth, perha,ps, a million dollars, the and referred to the Committee on Private Land Claims. · and the owners may have exerted every precaution that honesty and 1.1r. BECK asked, and by unanimous consent obtained, leave to in­ prudence could devise for the purpose of preventing the smallest t.rod uce a bill (S. No. 1438) for the relief of Harry I. Todd, of Ken­ amount of smuggling or the like, and yet under existing laws, with­ tucky; which was read twice by its title, and referred to the Commit- out their fault, without their connivance, there is the forfeiture of tee on Finance. . roperty to an enormoua amount. It is the disproportion of the pen­ Mr. BOOTH aaked, and by unanimous consent obtained, leave to alty to the offense that weighs upon the minds of merchants along fotroduce a bill (S. No. 1439) to confirm the Stratton survey of the the coast until they feel that while the penalties never have been pueblo of San Francisco; which was re.ad twice by its title, and re­ exacted against them, still the law subjects their vessels to seizure,· ferred to the Committee on Private Land Claims. it subjects them to vast expense. When the Department examine Mr. CONKLING (by request) asked, and by unanimous consent ob­ they refuse to prosecute, but in the mean time the law stands there, tained, leave to introduce a bill (S. No. 1440) for the relief of M. D. subjecting an enormous amount of property to forfeiture for the most Titsworth, postmaster at Adams Centre, New York; which was read trivial offense. twice by its title, and, with the accompanying papers, referred to the I will say to the honorable Senator from Maine that wherever the ·Committee on Post-Offices and Post-Roads. · o1fense exists the offender is not in any degree relieved from penalty. On the contrary, the punishment as to him ·continues, and wherever P .A.PERS WITBDRAWN .AND REFERRED. smuggling occurs the goods themselves are forfeited and the person On motion of Mr. INGALLS, it was who smuggled them is subject to punishment. There is no amendment Ordered, That the petition and papers of Royal W. Riddle be withdrawn from of the laws in that respect. Where the captain or owner is cognizant the files of the Senato and referred to the Committee on Military Affairs. of this attempted fraud, the vessel is still liable to forfeiture; but the COST OF THE CIVIL WAR. ·object of the bill is to relieve them against, as I said before, the ob­ Mr. KIRKWOOD submitted the following resolution; which was vious disproportion of the penalty to the offense, which would subject considered by unanimous consent, and agreed to: millions of dollars to forfeiture strictly under the Jaw without the Resolved, That the Secretary of the Treasury be directed to communicate to the least fault upon the part of the real owner of the entire steamship or Senate the amount of mc>ney expended by the United States for all purposes neces. cargo. • sarily growing out of the war of the rebellion, and specifying separately the amount paid on the principal of the public debt thereby mcurred, the amount of interest This measure is therefore a reformation in the existing laws which paid on such debt for each year; the amount paid each year for pensions, including I do not think tendR at all to oxonerate dishonest men from the conse­ arrears of pension, and the amount paid to soldiers and sailors of that war, under quences of their acts, but leaves them liable to punishment just as be­ laws passed since its close. And that such information be brought down, when fore, except that it does not allow the effect of their evil conduct to convenient, to the 1st day of January, 18EO. extend to an enormous amount of property. The matter has been SEIZURE OF VESSELS FOR SMUGGLING. very carefully examined. The VICE-PRESIDENT. The morning business beingthrouo-h the Mr. HAMLIN. If the Senator will pardon me one moment; I am Calendar of General Orders will now be called, commencing ~t the Lot going to object to the bill. I did not understand it as both the point reached on Saturday Jast. Senators have explained it. I thought it exculpated the vessel even The bill (S. No. 939) to amend the law relative to theReizure and for­ when the captain was implicat-ed. feiture of vessels for breach of the revenue 13. ws, was announced as first 1Ir. BAY A.RD. Oh, no. in order and the bill was considered as in Committee of the Whole. It Mr. KERNAN. No; we were very careful on that point. proYides that no vessel used by any person or corporation, as common Mr. HAMLIN. Still I will say that while I think if a passenger carriers, in the transaction of their business as such common carriers smuggles small amounts or if the crew indulge in the luxury of smug­ s!iall be subject t~ seizure or forfeiture ~y force of the provisions of gling small amounts, the owners of the vessel ought not to be held title 34 of the Rensed Statutes of the Umted States unless it shall ap­ liable; and if I am right in my recollection the amount now must be. pear that the owner or ma_-ster of such ves.sel, at the time of the alleged equal to $300 or the vessel is not forfeited. I think that is the law- - illegal act, was a, consentmg party or privy thereto. · Mr. KERNAN. Not in all cases. Mr. COCKRELL . Is there a written report. Mr. HAML IN. But still believing the bill to be right, I interpose, The VICE -PRESIDENT. There is no report accompanying the bill. no objection. If it had exonerated the captain from the list, I cer­ Mr. COCKRELL. I should like to have an explanation of the bill. tainly should have objected. 1366 CONGRESSIONAL RECORD-SENATE. MAROH 8,

.Mr. KIRKWOOP. I should likoto ask the Senator from New York The VICE-PRESIDE'N'l'. Does the Chair understand the Senator a question. Does the Treasury Department think that this will not from Missouri to object tend to increase the danger of smuggling Y They ought to have some .Mr. COCKRELL. Let the bill be read again. opinion on the subject. I do not lmow 'what it is at all. The Chief Clerk read the bill. Mr. KERNAN. TheTreasuryDe:i;>artment objected at:first because Mr. PAD DOCK. The Senator from MisRonri will see that only in they thought the bill left certain thmgs without any a.dequate guard the event that the settler cannot procure land contiguou~, may he go against. I had all the sections they referred to examined, and they elsewhere. If he cannot procure land contiguous to his original entry are all cases where the master does an act and t hereby incurs a pen­ then he may go elsewhere, but if he does go elsewhere he must plant alty, and the vessel is liable for that penalty. This bill leaves the and cultivate forest or fruit trees for three years, in accordance with law just so. The clerk examined every one of the sections, and I the directions of the Land Office as to proofs of an honest and faith­ looked at them myself, so that we believe it is entirely safe to the ful performance of the duty thus imposed. Government. It enforces the rule that a man ought not to have very Mr. MORRILL. May I ask the Senator from Nebraska if the bill large amounts of property fo:xjeited in a legitimate business where does not repeal the provision of Jaw by which the alternate sections neither he nor the man controlling his vessel, the master, is in any of railroad lanµs are selected, which provides that there i;hall be taken way privy, had any knowledge of, or in any way consented to the but eighty acres instead of one hundred· and sixty 7 Will this bill illegal act. not repeal that clause and allow the settler who has taken his eighty The bill was reported to the Senate without amendment, ordered acres contiguous to a railroad to take eighty acres more elsewhere f to be engrossed for a t~ird reading, read the third time, and passed. Mr. PADDOCK. Not at all. I will state for the information of the Senator from Vermont that we have already practically repealed WILLIAM M'GOVERN. the provision limiting entries within the limits of railroad grants. The next bill on the Calendar was the bill (S. No. 474) for the relief We have provided in an act that we passed at the last Congress that of William McGovern; which was considered as in Committee of the a person who had located within the limits of a railroad grant should Whole. have the privilege of making an additional entry of eighty acres of The bill was reported from the Committee on Military Affairs with contiguous land. Therefore that act is virtually done away with so amendments: in line 4, after the word'' cause," to insert" to be issued far as the limitation to eighty-acre locations is concerned within the to;" in the same line, after the name "McGovern," to insert" late;" limits of railroad land grants. and in line 5, after the word "volunteers," to strike out "to be mus­ .Mr. MORGAN. I desire time to look into this measure. I object tered out and honorably discharged" and to insert "an honorable dis­ to its present consideration. charge ; " so as. to make the bill read : The VICE-PRESIDENT. The bill is objected to, and goes over. Be it enacted, d:c., That the Secretary of War is hereby authorized and directed Mr. PADDOCK. I hope the Senator from Alabama will consent to cause to be issued to William McGovern, late of Company C, of the late First that the bill may go over without prejudice, in order that it may be Regiment New York Volunteeors, an honorable discharge from the service, to date brought up when he shall hn.ve had an opportunity to examine it, if from Septe~ber 9, 1861. that is what he desires. The amendments were agreed to. .Mr. MORGAN. I have no objection to that course. The bill was reported to the Senate as amended, and the amend­ The VICE-PRESIDENT. Does the Senate aasent Y ments were concurred in. .Mr. MORGAN. Let the bill go over until to-morrow. The bill was ordered to be engrossed for a third reading, read the The VICE-PRESIDENT. The Chair hears no objection, and the third time, and passed. bill goes over without prejudice. EQUALIZATION OF HOMESTEADS. MORAL SCIENCE L.~ DISTRICT SCHOOLS. The next bill on the Calendar :was the bill (S. No.1085) to equalize The next bill on the Calendar was the bill (S. No. 217) to introduce homesteads; which waa read. moral and social science into the public schools of the District of The VICE-PRESIDENT. The bill is reported favorably from the Columbia; which was considered as in Committee of the Whole. • Committee on Public Lands with amendments. The amendments .Mr. WHYTE. I should Jike to have the report read, if there is any. will be read. The VICE-PRESIDENT. There is no report accompanying the bill. Mr. COCKRELL. I should like to have an explanation of the bill. .Mr. WHYTE. Then I should like an explanation from the Senator Mr. PADDOCK. The object ol the bill is simply to allow persons in charge of the bill. . who, because of their poverty, or from one cause or another, have Mr. BURNSIDE. There are amendments to the bill. not been able hitherto to command sufficient fees to take a homestead Mr. INGALLS. I should· like to hear the amendments read. of fully one hundred and sixty acres, to make up the deficiency if The VICE-PRESIDENT. The amendments will be reported in their they have become able and may desire to do so. That is all there is order. · of it. If they desire to abandon altogether the eighty acres or forty The CHIEF CLERIL In section 1, line 3, after the word "officers," · acres which they may have taken under existing law, they may do so it is proposed to insert "in the Di.strict of Columbia; " in line 4, be­ and take up one hundred and sixty acres elsewhere; that is all. It fore the word "exercises,"' to strike out "daily," and in line 5 to is a very simple proposition, and I am sorry to find the Senator from strike oat "instruction" and insert "instructions; " so as to make the Missouri disposed to antagonize it. section read: .Mr. COCKRELL. Suppose a settler had already taken eighty That the school officers in the District of Columbia shall introduce, as a part of acres or one hundred and twenty acres, would he be entitled to take the exercises of each school in their jurisdiction, instructions in the elements of another eighty acres or another forty acres in some other locality? social and moral science. :Mr. PADDOCK. That is it; but if he takes it of lands not con­ The amendment was agreed to. tiguous to his original entry he must plant forest or fruit trees, or do The next amendment was, in section 2, line 2, after the word "les­ some work upon it to show good faith. son," to strike " every day" and insert " once a week ; " so a.s to make Mr. COCKRELL. Can he go elsewhere and take it 'I the section read : Mr. PADDOCK. He may go elsewhere and take it, but the culti­ That it shall be the duty of the teachers to give a short oral lesson once a week vation of trees is a requirement in that event. And this will be a upon some one of the social or moral virtues whicll charactt)rize the rod citizen, good and sufficient consideration for the right proposed to be extended fui~!oof'ft~~:,!~~ pupils to furnish, from time to time, thoughts or o er illustra- to him by this bill. Mr. COCKRELL. I doubt the propriety of the measure. I think The amendment was agreed to. it is an extension of right beyond anything that has ever been !P-ven The next amendment was, to strike ont section 4 in t he fo.llowing yet, to locate eighty acres here, another eighty acres there, at difierent words: places. That emulation shall be cherished between the pupils in accumulating thour, who has, time when it shall be known at the local land office or anywhere else­ or shall, hereafter settle on the same. Does that mean the first settler, but the moment the General Land Office has passed on it and decided who l;y the prese°'t law is entitled to make a homestead settlement, t:ti,at that relinquishment was valid and given it effect, then the land or does it mean, as it says, the :first settler, be be foreigner or native, may be taken. Now the practice has grown up of having a person be be a citizen of the United States or a subject of some other coun­ here in Washington watching the General Land Office, being in­ try '1 That is not quite so clear to my mind as I wish it was. structed from the remote point where the land is to note the time Mr. BOOTH. The proviso makes it clear. when the Commissioner of the General Land Office passes on the loca­ Mr. EDMUNDS. It is not so clear that it does: tion and telegraph to that effect, in order that some person there may Promded, Such settler has or shall hereafter, within six months from the time of get an undue advantage and cut out the man who has made arrange­ his settlement, take the necessary steps to have said homestead entry canceled. ments with the original homesteader and who has in the mean time Everybody can take steps to have a homestead entry canceled, settled on the land, and prevent him ::icquiring title to it and getting because that js a. question between the original homestead man and it for somebody else. the authorities of the Government having cha.rge of that matter. The effect of the three sections of this bill is simply to give greater Mr. BOOTH. Will the Senator allow me to interrupt him '1 effect, as has been stated by the Senator from California, to the be­ Mr. EDMUNDS. With pleasure. neficent provisions of the homestead law, to make the rights more 1\Ir. BOOTH. Would not this make it perfectly clead- easily determinable, in every way to encourage actual bona fide set- Such land shall be subject to the claim under the pre-emption laws of the first tlement. . settler. · Mr. EDMUNDS. The first impression that one has from this bill is That is, must be subject to a.11 the provisions of those laws. It does that it seems to widen the means of departing from the original theory not abrogate any of them. It was not the design to abrogatE) any of of the homestead la.w, which was, if I correctly unders~and it, to give them, and I do not think it does. to any citizen of the United States who was willing to take up the Mr. EDMUNDS. I am bound to suppose it was not the design to proper quantity of land and live on it continuously for five years or do it; but when you come to the description of the per on who shall three or whatever the time was, and ·improve it, and so develop the have the benefit of the homestead and pre-emption laws, and say resources of the country, and find a means of supporting himself and that "the :first settler," without any qualification, shall have it, that family, a title to that land. Now, the first impression that one haa is the effect. I agree that a simple amendment after the word "set­ of this bill or rather that I have-it may be quite erroneous and I tler" would correct that, by saying" entitled to the benefit of such only put it out 1'.-!1tative1y-is that it tends toward makin~ homestead laws;" undoubtedly it is very ea.sy to make it right in that particu­ entries what military sonp and bounty-land warrant entries were, as­ lar. signable ancl tradable things, so that one man can go and settle for Mr. BOOTH. But is it not right now under the clause ''such lands a year and then move off somewhere else and take up a new home­ shall be subject to the claim under the homestead or pre-emption stead or do whatever he likes, and turn over-- laws '1" I do not want to interrupt the Senator, but I do not think he Mr. PLUMB. Will the Senator permit me to state to him that the makes it more clear. first person having made a homestead entry cannot make another one; Mr. EDMUNDS. It could not be made more clear if it stopped right therefore a man who once makes a homestead entry, if he abandons there and did not say "of the :first settler," but the words "home­ it, cannot make another. stead or pre-emption laws" do not qualify the descrjption of "the first Mr. EDMUNDS. If that be so, of which I am not quite so sure as settler." He is described by himself, as a human being I suppose, who my friend is, it does not change the statement much. The man who chooses to go on that land, and it says he shall be entitled, being the ha~ made a homestead entry for the purpose of speculation and not. first settler, to the benefit of the homestead and pre-emption laws. for a homestead throws up in favor of somebody who will pay him That is the criticism to which this is liable. something, and migrates to somewhere, or comes back to Ohio or In­ Mr. BOOTH. If that language is not clea.r, I think the committee diana or .Missouri or wherever he started from, and begins to culti­ will accept any amendment. vate the plenty of land there is in those States, and the next specu­ Mr. EDMUNDS. Undoubtedly a very few words woulcl make it lator comes in or jumps in, as the case may be, when he abandons; clear on that point. I am only calling attention to it so that we may and it js proposed that the jumping in shall take effect from the mo­ understand precisely what is meant; but the general scope of the ment the possession is taken, and not from the time when it is finally bill is sµch that I do not wish-and I think I have said enough to ascertained that the original claim had been abandoned. That is one show that-to take the responsibility of being one of those who are thing which, as it strikes me in the first instance, tends to make this willing to vote for this bill just at this present moment. I do not homestead business just like the bounty land and the military scrip, intend to object to its consideration so as to carryit over; but I wish the subject of continual trade and commerce, which I did not suppose to say enough to show that the passage of this bill shall not here­ was the theory of the homestead law at all. after, when troubles arise, be imputed to me. I believe I have said Then there is another thing in the first section of this bill, which enough to do that. at first impression strikes me as rather strange, and that is : Mr. BECK. I desire to ask the Senator from Vermont t.he same That any settler who has settled, or who shall hereafter settle, on any of the question I asked the Senator from Florida, because I believe he knows publio lands of the United Stat.es, whether surveyed or unsurveyed- everything about the law. I ask whether or not these fa.nds are open May do so and so, providing for the filing of applications, &c. The to everybody, or whether the limitations put on them by the act of consequence of that would appear to be to open all the unsurveyed 1862 still remain f The act of 1862 to secure homesteads to actual lands of the United States to homestead entries. settlers provides: Mr. BOOTH. That is precisely the object, if the Senator will allow That any person who is the bead of a family, or who has arrived at the age of me, as they are now open to pre-emption settlers. twenty-one years, and is :.i. citiien of the United States, or who shall ha.vefiled his Mr. EDMUNDS. They are n·ot exactly open to pre-emption settlers declaration of intention to become snob, as required-by the naturalization laws of in the way that this bill states it, I imagine; but I am not going int.o the Unit.ed Stat.es, and who has never borne arms against the United States Gov­ ernment or given aid and comfort to its enemies, sliall, from and after the lat of that now. I certainly should not be quite willing to open the public January, 1863, be entitled to enter one-quarter section or a less quantity of unap. lands of. the United States, that have not been surveyed, to indefinite propriated publio lands, &e. and general homestead settlers without regard to section lines and Section 2 provides : rectangles and all the other methods of survey. That the person applying for the benefit of this act shall, upon application to Mr. TELLER. The Senator will allow me to suggest that nobody the regist.er of the land office in whioh he or she is about to mako such entry, make .ca. take it except by the section lines. affidavit before the said register or receiver that he or she is the bead of a family, 1880. CONGRESSIONAL RECORD-SENATE. 1369

or is twenty-one years or more of age, or shall have performed service in the Army upon which the pre-emption right does not attach, whereas the first or Navy of the U nit.ed States, and that he has never borne arms a,gainst the Govern­ section of this bill certainly does appear to give a complete ri~ht to ment of the United States, or given aid and com~ort to its e:nennes, &c. make a homestead settlement and entry upon any unsnrveyeery wise and desirable provision of the law. It does nut give Mr. DAVIS, of West Virginia. I ask the Senator from Delaware, anybody any opportunity to appropriate any more of the public la.nd, [Mr. BAYARD,] who is entitled to the floor, to allow m~ an opportu­ but does actually prevent such an appropriation or misappropriation nity to give a notice to the Senate. I am directed by the Committee of the public land. The whole scope of this second section is to pro­ onApproprjations to give notice that to-morrow, or immediately after tect the Government and give the settlers a right on the land which the conclul;iion of the speech of my frienu from Delaware, the com­ is unoccupied. · mittee will ask the Senate to take up appropriation bills. There are The VICE-PRESIDENT. The amendment proposed by the Com­ two appropriation bills before the Senate and one other bill that the mittee on Public Lands will be read. Appropriations Committee think ought to be considered early. The The Chief Clerk read the amendment; which was in line 4, section first is the fortification bill, which has been before us for some time;. 3, after the word "wifhout," to strike out ''further;" so as to read : and, secondly, there is the deficiency bill for the Post-Office Depart­ SEc. 3. When a homest.ead or timber•culture claimant shall file a written relin­ ment; and the third is the bill for the repeal of certain permanent quishment of his claim in the local land office, the land covered by such claim shall and indefinite appropriations. The committee will ask, after the con­ be held as open to settlement and entry without action on the part of the Commis­ clusion of the speech of the Senator from Delaw:u:e, that the present sioner of the General Land Office, in the same manner as it would have been if no order be laid aside informally, so as not to lose its place, in order tha.t entry under the homestead or timber-culture laws had ever been made thereof. those bills may be ta.ken up. . The amendment was agreed to. Mr. McDONALD. I trust that the chairman of the Committee on Mr. EDMUNDS. . I a~ not at all sure, on looking hastily at the Appropriations will not feel required to press that notice until I have­ statutes, that there is a right of pre-emption on unsurveyed lands of had an opportunity of presenting some views to the Senate. It was the United States, and if there- is there are a great number and va­ my purpose to speak on the bill now before the Senate, but I gave riety of exceptions of unsurveyed public lands, as well as surveyed, way to the Senator from Wh:consin, because he bad to be absen.t in 1370 CONGRESSIONAL RECORD-SENATE. MARCH 8,

the fore part of this week. I should like very much to be able to FITZ-JOHN PORTER. follow the Senator from Delaware. I shall not ask for a great deal The Senate, as in Committee of the Whole, resumecl the considera­ -0f the time of the Senate. tion of the bill (S. No. 11:~9) for the relief of Fitz-John Porter late Mr. DAVIS, of West Virginia. Though I am instructed by the -general of the United States volunteers a.nu of the -0ommittee, I will take the liberty, after consulting one or two mem­ Army, the pending question being on the amendment proposed by bers of the committee, to say that immediately on the conclusion of l\Ir. RANDOLPH. the speech of the Senator from Indiana, who was entitled to the floor Mr. BA.YARD. Mr. President, on Saturday at the conclusion of the as I understand on Saturday, but gave way to the Senator from Wis­ spee~h of the honor~ble Senator·from. Wisco~sin [Mr. CARPENTER] I consin, the committee will ask to take up appropriation bills. obtamed the floor m order to submit my views upon the pending Mr. RANDOLPH. Laying aside the pending order informally. measure as to th~ policy, power, and I may add, the duty of the Sen­ Mr. DAWES. I should like to inquire of the Senator from Ohio if ate to pass the substitute for the original bill reported from the Com­ it is his purpose to press the consideration of the Geneva award bill? mittee on :Military Affairs, authorizing the President to nominate for Mr. THURMAN. I gave notice that I .would move to take it up as confirmation Fitz-John Porter to his former rank in. the United States soon as some other bill, I forget which it was, was disposed of. Army, I believe as a colonel of infantry. ·. Mr. CONKLING. The 5 per cent. bill. In common with all my associates in this body, I listened, as I often Mr. THURMAN. I gave notice that I would call it up as soon as have done, with pleasure and with instruction, to the graceful elo­ that was disposed of. I was then reminded that previous notice had quence and the pleasing method of presentation of his case which is been given by the Senator from New Jersey to call up the Fitz-John so charac~eristi~ of the honorable Senator from WiscQnsin; but what Porter case, and, according to the courtesy that usually prevails in was my disapporntment when a speech so careful, so discriminating the Senate, I did not make my motion until he had made his, so that so acute and able, offered by a constitutional lawyer of eminence t~ the Senate might decide whether to take up that bill or not. If they his associates in this Chamber, addressed to us as Senators, was wound had voted not to take up that bill I should have pressed the Geneva up by its disfigurement, at its close, by a very poor appeal to partisan award bill, as r shall press it at the first opportunity I get after the prejudice, a shout in favor of a military candidate for the Presidency. Senate has disposed of the business before it. I shall ask to have it Surely it was an unworthy ending of a brilliant address. If there taken uv as soon as nossible. Of course I cannot anfagonize appro­ can be a case from which partisan utterances should be excluded priation bills, but as soon as I can get an opportunity, and the Senate surely this is that case. The appeal before the American people is t~ disposes of the business pending before it, I shall press it. public justice. It is what is due, not simply to the individual imme­ Mr. DAWES. I understood the Senator to occupy that position in diately affected by our action, but to the name of public 0 justice and reference to that bill, and I desired to call his attention to notices to the reputation of our republican Government. Partisan politics that had been given. I observed t.hat the Senator's attention was partisan feelings, have no just place in such a discussion. They attracted to something else, and I desired to call his ·attention to the should not be permitted to creep in, and they cannot be introduced fact that his bill wonld be likely to get postponed further than be without great injury to those who seek to introduce them. Why, sir was aware of, if he was not paying attention to the arrangements :wha~ are the facts Y E'.rom whom does this testimony, with its strongly being made. implied recommendat10n, come 'f Under whose power and adminis­ Mr. THURM.AN. That would not make any difference. If the tration has this review of the former sentence and proceedings Of a Geneva award bill were up, it wonld have to give way "to appropria­ court-martial been inaugurated? A President a~sociated thoroughly tion bills, we all know. If tho Senator from Massachusetts prefers with the repu~lic~n party, whose constitutional counsel~rs are gen­ that course, he can at any time move to postpone the pending order tlemen of distmction of that party. He sends us volum.mous testi­ .and take up the Geneva award bill. mony, taken under skilled and elaborate supervision, which he be­ Mr. DAWES. I do not desire to interfere with the Senator who lieves must affect the sense of justice of the two Houses of the Amer­ has the bill in charge. I desire as far as is proper to urge on his con­ ican Congress as it ha.s his own, I trust forthe success of this measure sideration the necessity of calling it up. both of the great political parties thus represented by the executiv~ Mr. CONKLING. I observed that the Senator from Massachusetts and legislative branches of the Government and each approachin()' a .employed the word ''arrangements," which seems to indicate that he question of great clignity and importance which shall stand fore~er seems to think some arrangement has grown out of a remark which conspicuous as a precedent, deeply affecting the character and the fell from the Senator from New Jersey, and which rema.rk was that reputation of the administration of justice in the United States. It this pending bill could be laid aside informally for appropriation has been finely said that the face of justice may be darkened with a bills. I wish to say for one that as such an arrangement requires frown, but should never be disfigured by a sneer, nor I may add dis- unanimous consent, I do not give my consent to it. When the time torted by a joke. · comes to move to postpone this and prior order to take up the appro­ The honorable Senator from Wisconsin gave us eloquent warning priation bills, that motion must be under the rules of the Senate, and against a danger which is only too apparent. He warned us against the object cannot be attained in any other way except by unanimous the danger of the centralization of power. He warned us against the consent, and I take occasion to file this caveat now, in order that invasion of the prerogatives of the associate branches of the Govern­ nobody may be misled by the idea that unanimous consent has gone ment by the legislative branch. Sir, his warning was well-timed. • before the moment when such consent shall be asked. Th.ere is a spirit of centralization; there are centripetal forces at work Mr. EDMUNDS. File it in favor of all the rest of us at the same that in my judgment the people of this country wonld be most wise time. to check, and it is well that the centrifugal forces should be set in · Mr. CONKLING. My honorable friend from Vermont requests me motion in order that the orderly distribution of power intended by to file a caveat in his behalf; but as he is so able to file his papers, I those who founded this Government should once more prevail, be­ think I shall leave it to him. cause thoy did intend ~hat liberty sh~uld be protected by preventing Mr. EDMUNDS. It would save time. the undue concentration of powers lll. n.ny one hand or in any one Mr. BAILEY. The bill ( S. No. 133) to establish an educational fund, department of the Government. I concur fully wit,h the honorable and apply a portion of the proceeds of the public lands to public Senator in that warning. iiducation, and to provide for the more complete endowment and sup­ . But, Mr. President, there are other dangers also unhappily appar­ port of national colleges for the advancement of scientific and indus­ ent, which our forefathers anticipated and against which they warned trial education, was made the special order for to-day. Of course, it us with all solemnity. They made, even before the formation of our will be postponed for the unfinished business, and it is not the desire present Government, their immortal protest against the British king; -or expectation of the Committee on Education and Labor, by whose and among their reasons for claiming their independence of his rule direction I am acting, to antagonizeitwith the lmsinesswhich prop­ was that he had'' affected to render the military independent of or -erly has precedence, buti I am instructed by that committee to say superior to the civil power." Sir, there have been many suggestions that, immediately after the completion of the unfinished business and in this debate, many things that have occurred in the course of this the settlement of the Geneva award bill, that committee will ask the debate, there is too much in the air nowadays throughout this coun­ .Senate to take this bill up, and they will press it to a vote, of course try that does tend to aggrandize the military power to the danger of not interfering with appropriation bills. civil and constitutional liberty. We have beard here in effect pro­ Mr. EDMUNDS. I wish to say, in connection with what the Sen­ claimed that military courts and courts-martial are in substance pa.rt ator from Tennessee has said, that his notice illustrates the entire of the judicial· power of the United States, that they hn,ve equal dig­ futility of making special orders that I tried to impress upon the Sen­ nity, that they are as wholly irreversible in their

purpose is strictly special and exception.a~, and is never to be enlai:ge~ be examined into¥ Why, sir, the breach of law by a. court-martial by intendment because the rules of IIllhtary government and dis01- in exercising jurisdiction against law is punishable in the judicial pline are not in accord with the principles of constitutional liberty. courts. Chief-Justice Marshall, in 3d Cran.ch, page 337, in the case of As Sir Matthew Hale &aid, "they are indulged in simply from neces­ Wise vs. Withers, announced this doctrine very clearly. It was an sity;" " 1iecessitas enim qiwd cogit defendit." The clauses of the Con­ attempt to imprison a justice of the peace for not paying a militia stitution carefully securing the right of citizens to trial by jury and fine, and as a justice of the peace never could have been legally en­ due process of law undoubtedly excepted cases in the naval and mil­ rolled in the militia, the court say : itary service; but, as I said, it is the exception and not the rule and It follows, from this opinion, that a court.martial has no jurisdiction over a jus­ always should be construed strictly. tice of the peace, as a militia·man; he could never be legally enrolled; and it is a principle, that a decision of such a tribunal, in a case clearly without its jurisdic­ I havo said it is a dangerous thing to talk of the equal dignity of tion, cannot protect the officer who executes it. The court and the ojficer are aU these tribunala called courts-martial or military commissions with the trespassers. 1 judicial courts of the United States. The judicial power of the United Could such a sentence as that be passed by a military court on the States is implanted in the same instrument as independently as are judgment of a civil tribunal ¥ . the powers of the legislative branch. They are there defined. All Let me read another authority. In 7Hill,NewYork State Reports, the judicial power of the Federal Government of this country is given there was a case of Wilson 'l:S. Mackenzie. Chief-Justice Nelson­ to that judiciary. The judge~ are carefully selected, official life tenure Samuel Nelson, of New York, afterward :i. Justice of the Supreme is given to them, and skill and learning are required in those who fill Court of the United States-delivered the opinion, and he refers to these seats of honor. Who can liken so grave and independent power English authorities bearing upon this point : in this Government to tribunals which are the mere creation of the * * * There are also many cases in the books where actions have been SUS· breath of the legislative power 7 Why what creates a military court i tained a!!llinst members of courts-martial, naval and military, who have exceeded The articles of war or the order of the President as Commander-in­ their authority in the infliction of punishment. (Sec. 4, Taunt.,iO, 75, and the cases Chief. Congress ~eates articles of war by legislation; and if Con­ there cited.) In the case of Lieutenant Frye vs. Sir Ohaloner Ogle, (1 McArthur on courts.martial, 268, fO'l.trtli ea.,) the defendant wa-s president of a court-martial gress did not make articles of war by legislation, I presume the Presi­ which had sentenced the plaintiff t.o fifteen years' imprisonment; when the ooly dent as Commander-in-Chief of the Army would necessarily and im­ charge against him was that he required a warrant in writing t,o justify him in tak­ pliedly have power to regulate the Army. But Congress has under ing llllOther officer into his custody under an arrest, which was considered no of. the Constitution the power to make these rules and regulations, and fense at all. The verdict was £1,000. This case became somewhat memorable for a. collision between the civil and military courts, and for the firmness and triumph has done so ; and the power that made them law can unmake it; the of the former. In the course of the trial of the cause, the learned judge having power that enacted can repeal. It exists therefore subject to the remarked that the plaintiff was at liberty to bring his action against any of the revision and control of the legislative power of the country. members of the court-martial, he proceeded against Rear-Admiral Mayne and Cap­ But can Cong;ress impair or invade the prerogatives of a separate tain Rentone, whQ were arrested by a writ from the C. B. at the breaking up of the court-martial on Admiral Lestock, where the former presided, and the latter sat as branch of this Government 7 Certainly not; and therefore, when the a member. This was much resented by the members "of the court.martial, who suggestion is made that these tribunals termed military courts are passed resolutions on the subject, reflecting in intemperate Ianguaae on the chief· upon a parity of dignity, of inviolability in examination of their de­ justice of the court, (Sir John Willes.) The resolutions were laid 'by the Lords of cisions by the Congress of the United States, with the decisions of the Admiralty before the King, upon whlch the chief-justice, without waiting for the result, caused every member of the court-martial to be taken into custody for the judicial branch, I say the proposition is wholly untenable and contempt, and wa-s proceeding in a. legal way to assert and maintain the authority cannot be accepted for one moment. The power of the judicial of his office when a stop was put t.o the proceedings by a public, written submis· branch of this Government, being founded on the Constitution, can­ sion, signed by all the members of the court-martial, and transmitted t,o the chlef­ not be regulated by act of Congress. Wherever that power is be­ justice, which, after being read in the C. B.,was registered in the remembrancer's office-" ii. memorial," as the chief.justice observed, "t,o the present and future stowed by the Constitution, it is clear and distinct, and beyond the ages, that whoever set themselves up in opposition to the laws, or think themselves reach or control of any other branch; and therefore it is that no act above the law, Will in the end find themselves mistaken." (See 1 McA.rthut, 436, of Congress can exempt tribunals created by Congress from being A.ppen. No. 24.) examined in their proceedings from first·to last, and at all times, by Mr. LOGAN. Will it bother the Senator for me to interrupt him the judicial branch. I was surprised the other day, when the case right there¥ in 20th Howard was produced, the case of Dynes vs. Hoover, that so Mr. BAYARD. I would rather go on, but I will answer any ques- little regard was paid by the Senators who cited it, to its true mean­ tion. I would prefer to go on with the line of my argument. ' ing and effect. Speaking for the court, Mr. Justice Wayne, after re­ Mr. LOGAN. It is in the line of your argument-one question. citing the provisions of the Constitution under which military courts Mr. BAYARD. I would rather go on; but if the Senator wishes to were created, and sentences passed by them, saJs: ask a question I will yield. These provisions show that Congress has the power to provide for the trial and Mr. LOGAN. Does not the same rule the Sena.tor has been trying punjshment of military and naval offenses in the manner then and now practiced to apply to courts-martial, that where they had no jurisdiction the by civilized nations ; and that the power to do so is ¢.>en without any connection between it and, the tllira article of the Constitution defining the judicial power of the judgment was a nullity, apply to civil courts in all cases 7 United States, indeed that the two powers are entir&y independent of each other. Mr. BAYARD. Oh yes, but the difference is that the judicial courts of the United States, determine their own jurisdiction, and Now, there is just one difference which I will state betwee1:1 the their decision in this respect is final; but the jurisdiction of the mili­ findings or judgment of a court-martial, and the judgment of a judi­ tary courts is not settled by themselves, but is reviewable by the cial court: The judicial court can at all times review the proceed­ civil courts, who can annul their proceedings whenever they are ings and decide whether the court-martial has broken the law that found to be without warrant of law. It is only when the decisions created it or not; on the contrary no court-martial can pretend to of military courts are within the law that judicial courts sustain examine into or question the judgment of :i. civil court. them as valid and binding. Courts-martial- But to rank the deci!)ions of the judicial courts and the military Says this same judge at page 82- tribunals as of equal dignity is to disregard their relative functions derive their jurisdiction and are regulated with us by an act of Congress, in and powers under the Constitution. which the crimes which may be committed, the manner of charging the accused, • The former are competent finally to settle their own jurisdiction, and and of trial, and the punishments which may be inflicted, are expressed in terms; also that of the military courts; and the latter have no such author­ or they may get jurisdiction by a fair deduction from the definition of the crim~ that it comprehends, and that the Legislature meant to subject to punishment one of a. ity, and can always be reviewed by the former and their proceedings minor degree of a kindred character, which has already been recognized to be such annulled when a want of jurisdiction or a breach of law is cliscov­ by the practice of courts-martial in the army and navy services of nations, and by ered. those functionaries in different nations to whom has been collided a rerising power over the sentences of courts.martial. And when offenses and crimes are not given Opinions of Attorneys-General have been referred t.o. That of Mr. in terms or by definition, the want of it may be supplied by a. comprehensive en­ John Nelson in 1845 wa.s read by the honorableSenatorfromillinois, actment, such as the thirty-second article of the roles for the government of the to show that we should treat courts-martial as part of the judicial Nav:v, which means that courts.martial have jurisdiction of sucn crimes as arenot power of the Government, but he seems to consider that ar~uments speclned, but whlch have been recognized to be crimes and offenses by the11USages in the navy of all nations, and that they shall be punished according to the laws which may well be addressed to au Executive in his admimstration and customs of the sea.. Notwithstanding the apparent indeterminateness of such of a law are equally proper to be addressed to the law-making power a. provision, it is not liable t,o abuse; for what those crimes are, and how they are of the Govsrnment when it is considering the wisdom and expediency to be punished, is well known by practical men in the Navy and Army. and by It those who have studied the law of courts.martial, and the offenses of which the dif. of legislative action. seems to me that in that statement the great ferentcourts-martialhave cognizance. "\Vith the sentences of courts.martial whlch vice, if I may term it so without disrespect to his argument-one of • have been convened regularl:y, and have proceeded legally, and by which punish­ his errors consists-- ments are directed, not forbidden by law, or which are accordin~ t,o the laws and l\ir. LOGAN. The Senator will allow me right there. He misap­ customs of the sea, civil courts have nothing to do, nor are they m any way alter. able by them. If it were otherwise, the civil courts would •irtually administer prehends or unintentionally misstates my position. I did not insist the rules and articles of war irrespective of those to whom that duty and" obligation. in my argument anywhere that a court-martial was a part of the has been collided by the laws of the United States, from whose decisions no appeal judiciary of this country under article 3, section 1, of the Constitu­ or jurisdiction of any kind has been given to the civil magistrate or civil court.a. tion. But we repeat, if a court-martial has no jurisdiction over the subject-matter of the charge it has boon convened to try, or shall inflict a punishment forbidden by the Mr. BAYARD. Unfortunately, and it is a matter of regret to me, law, though its sentence shalt be approved by the oj/Wers having a revisory power of it, the speech of tlie honorable Senator has not yet appeared in the civil courts may, on an aetion by a. party aggrieved by it, inquire into the want of RECORD. the court's jurisdiction, and give him redress. Mr. LOGAN. I will state my position exactly as I maintained it, Certainly, sir; and will it be contended here that courts-martial so that the Senator can have the opportunity of arguing on the point. may do the same thing in regard to the findings of judicial courts, or It is this: not that a court-martial is a part of the judiciary system that it is correct to speak of the absolute and sacrosanct character of this country under section 1, article 3 of the Constitution, but that, of their .findings, that they are irrevocable· and that they never may like territorial courts growing out of that provision of the Constitu- 1372 CONGRESSIONAL RECORD-SENATE. MARCH 8, tion known as the property provision in reference to Territories, the tution and are guilty of centralization of power. Why, sir, neither courts-martial grow out of that provision of the Constitution which charge is true. This act does not propose to invade the President's provides that Congress shall make rules and re.e;ulations for the gov­ power of pardon. On the contrary this act is a permissive act,-use­ ernment of the Army and the Navy; that they then become courts less you may say, and perhaps I may think so-an act that cannot give by reason of legislative action; that both these classes of courts are him power beyond that which perhaps he already possesses, but an legislative courts; that their judgments, where no appeal is allowed, act which is forbidden by no letter or spirit of the Constitution-that are a. finality the same as the decision of the Supreme Court. That he may, not that he shall, with no control of bis discretion, but that was my position, maintained during my argument, and I state it so he ma.y renominate this individual for the place in the Army from that the Senator may have tho opportunity of :1Ilswering it. which he was unjustly and erroneously expelled some seventeen years Mr. BAYARD. Mr. President, I am perfectly willing that the Sen­ ago. ator may make a speech inside of mine, or make a statement, but-­ It is said we are acting in a judicial capacity. How so? There is Mr. LOGAN. I beg the Senator's pardon; I shall not interrupt him discretion involved in all legislative action. Suppose a man had again. • been convicted of an offense, n.nd that his sentence was fine and im­ J\fr. BAYARD. As I said before, although I heard a large portion prisonment; and be paid the fine; it was levied on his property and of the remarks of the Senator, I have not had the benefit of seeing the mon.ey paid into the Treasury, and the President subsequently them in print. I have no objection to his restating his position. I pardons him, can the President pay that money b:wk from the Treas­ did not say that he had claimed power for military courts under the ury¥ Not so. Tho application must be made for relief to Congress third article of the Constitution. What I said was, and what I meant that alone can give authority for the repayment of tha,t money from to be understood as saying, that the Senator has claimed, no matter the Treasm·y. When we are called upon to act in that case, it may what was the origin of their power, that they were of equal dignity, just a.swell be said we are exercising judicial power, because we are and that their judgments were equally unassailable or closed against exercising a discretion whether we will join the1 President in com­ review as those of the constitutional judiciary. In other words, that pleting an act of justice and reparation. In the present case it is the the power of the judicial branch over military courts created by Con­ same thing. gress under the articles of war is as great but no greater than the It is said that the President has the power. I believe he has the power of military courts over the decisions of the judicial branch. power. I believe so to-day even under existing laws, the last being And it is this proposition I now dispute. the law of 1868, a law passed so as to-I do not say with that design­ Think for one moment what is the composition of military courts. but so as to prevent the restoration of Porter to the Army without They are created by the military order of a single individual. By the confirmation by the Senate. The &ct of 1868 prevented the President same power they are dissolved. Their proceedings are regulated gen­ from restoring any officer to the Army who had been diamissed except erally by the orders of the Secretary of War. It is true they are in­ by the consent and confirmat ion of the Senate. That was a change tended to be composed of honorable and intelligent men, but not men in existing law, but I never understood that it exhausted the power who are learned or skilled in the administration of law and justice, of Congress over the subject. and when they are disbanded and their judgment has been approved Sir, is it an argument worthy of Senators, that because the Presi­ by n,uthority, they are at an end forever. They are summoned in dent has not done all he could, therefore we should not do all we can T haste and exercise judicial functions perhaps for the first and only I hope it is not so. I frankly say that had I been in his place I wonJd time in their lives. They can grant no new trials, and their errors, have had both the will and I believe the power to nominate this man, be they ever so patent or numerous, are never to be corrected, accord- after I became convinced by the report of the board of review, which ing to the doctrine we now hear urged. • bad so overwhelmingly established his innocence of the charges pre­ Contrast this with the composition of the judicial courts, and how ferred against him in 1862. I believe that the President had the power, vast the difference, and how infinitely important are the results ! A and I wish he had exercised the power, to nominate this officer with­ permanent tribunal of men appointed duripg good behavior, men out any prior action of Congress. But if there should be any doubt especially by learning, training, and by character, fitted for the exam­ upon his part as to his power to renominate as may be implied from ination and weighing of testimony and the administration of justice his sending in this message to us, with this voluminous and convinc­ according to the science of legal precedents, all of whose findings are ing testimony to inform our discretion, and to show us what his reasons ' reviewable until they shall reach the final point of decision in ·the were in sending it to us, there is neither invasion of his prerogative Supreme Court of the United States, men who must execute their nor is there exercise of judicial power in Congress by legislation, pro­ powers under all the checks and balances of the constitutional lim­ viding that this man.should be dealt by justly and in accordance with itations, and who proceed upon the philosophy of rules of evidence. the spirit of magnarumity and honor which should mark the proceed­ Why, sir, what is this whole military law1 You may by legislation ings of a great people. provide and do provide certain checks upon tyranny; but at the Is it worth while to consider the power of the court:martial to ex­ same time you have martial law in the end as the be-all and the end­ tend their sentence to the perpetual disfranchisement and disability all of such tribunals. And what is martial law but "the will of the of an officer from holding any office of honor or trust under the Gov­ commander-in-chief f" The Army regulations of the United States ernment of the United States T I shall shortly consider that. Has a were established early in the history of the Government, I think in military court the power not only to ca.shier from the service or im­ 1800. Section 1342 of the Revised Statutes: pose a fine, or even inflict the penalty of dea,th, but also to extend its The armies of the United States shall be governed by the following rules and arm into the civil service of the country, and impose perpetual dis­ articles. ability upon a man, when he shall have ceased to be a soldier, from Then follow articles, one hundred and twenty-eight in number. It exercising the franchises and rights of a citizen ot the United Sta.tes f has been said there was no power in the President of the United It is said that a mn,n removed from the Army by sentence of dismissal States to summon the board of inquiry or review, whose proceedings of a court-martial is no longer in the service. If this be so, then, ipso have been laid before us, because, to use the language of the honor­ facto, he is beyond the control of the military power to which he was able Senator from Wisconsin- subjected, when, and only because, he was a member of the land or When that court-martial [of 1863) had held its sessions, had concluded upon it s naval forces. When a man is out of the Army he is beyond all mili­ judgment, had sent its sentence t,o the President, and put his ap­ tary control, and there would seem to be as much right to prevent his proval to it, and the court was disbanded, that record was closed, that subject was ended, and there never has since been any power to reverse it, or to open it for any exercising the right of suffrage for the rest of his lite, where the elec­ purpose whatever, and there never will be, and it never can be reheard this side tion of member of Congress was in question, as to say that he should the !Jar of God. not become a member of Congress, or servo the country in any other Mr. President, is this true f Can it be that in a civilized country, civil capacity. · · gross, admitted, palpable injustice can never be remedied T Is it true If such a sentence

But, Mr. President, there can be in the reason of things no doubt So that we find that not only as to the vote but as to the reasons of that when the statutes of limitation, intended for repose and not for the two committees of the respective Houses on this subject, there injustice, for equity and not[for harsh dealing, are suspended by act was complete concurrence as to the powers of the two Houses over this of Congress, there is power in the conjoint action of the Executive subject, and those powers substantially the same as those proposed in and the Legislature which can relieve a man from the consequences the present bill. There Congress undertook to delegate a discretion of a dreadful and unjust sentence. to the President without the concurrence of a board of review, to set We are not without precedents on this point-some very late. It was aside and annul the sentence of a court-martial which the honorable only two years ago that the Senate, upon the call of the yeas and nays, Senator from Wisconsin would have us believe could never have been by a vote of 55 to 1, gave even greater power to the President upon " heard again except before the bar of God." a show of facts not one-tenth part as strong as those now presented. Mr. PLUMB. I desire the Senator from Delaware to state, if he The case of Surgeon-General Hammond, the report of which I hold knows, what followed the action of Congress in the case of Surgeon­ in my hand, shows that he was in Jannary, 1864, one year after the General Hammond. trial of Porter, convicted by a court-martial and sentenced to be dis­ Mr. BAYARD. He was placed on the retired list by the action of missed from the service and forever disqualified from holding any office the President, restored to the service of the United States. He never of honor or trust under the Government, identically the sentence in was driven frvm the confidence and respect of his fellow country­ the case of Porter. There was no board of review ordered by the men ; but the stain upon his record by the finding of the court-mar­ President, but the Congress of the United States did pass a bill with tial of 1864 was removed by the action of Congress and the action the unanimity in this Senate of which I have spoken, which provided of the President. that the President might review and annul the sentence and findings Mr. PLUMB. If the Senator will permit me, I desire to state in de­ of the cou:rt-martial, approved by President Lincoln sixteen years tail what that action was. before. The PRESIDING-OFFICER, (Mr. GARLAND in the chair.) Does Let me read the report : the Senator from Delaware yieldfnrther to the Senator from Kansas. This is a bill which provides that the President shall be authorized to review the Mr. BAYARD. I believe I stated to the honorable Senator that the I>roceedings of the general court-martial convened by Special Order No. 24, War President restored Dr. Hammond to his former rank on the retired list. 'Department, Adjutant-General's Office, Washington, .January 16, 1864, and by Mr. PLUMB. But I desire to state what preceded that. The Pres­ which William .A.. Hammond, then Surgeon-General of the A.rmy, was tried, and ident appointed a board to examine into the case of Surgeon-General to annul and set a.side the :findings and sentence of said court-martial, approved by the President August 18, 1864, and published in General Court-Martial Orders No. Hammond consisting of three Army officers, who considered that case 251, War Department, Adjutant-General's Office, Washington, August 20, 1£64, if, for four months, then separated, each going his own way, and they after such review, the President shall deem it right and proper so to do. came back each with his own separate and independent judgment And then it provided that in the event the sentence of the court made qp to the effect that the findin~ in the case of Hammond was correct and should stand, and the President thereupon finally set aside should be so annulled the President was authorized to place Dr. Ham­ ( mond on the retired list of the Army as a Surgeon-General and so re­ the judgment of the board which he had himself appointed, and the store him to his former rank. In that case the nearly unanimous President also set aside the judgment of the court-martial, and re­ voice of this body was found declaring that Congress had the power stored Surgeon-General Hammond. to authorize the President, with or without the information of a board Mr. BAYARD. '.rhat was precisely what Congress authorized him of review, to set aside the findings and sentence of a court-martial to do. He had the power either to interpose a board of review for approved sixteen years before. Nobody doubted the jurisdiction of his own instruction, or he had the power to restore the man without that original court-martial, or their competency to pass on the case, the action of a board. In this case, to the facts of which I shall or that portion of their sentence which inflicted dismissal from the presently come, by the substitute offered by the chairman of the Com­ public service. What are the facts 7 The board of review ordered mittee on Military Affairs, it is a simple proposition that the Presi­ by the President did not report against the finding of the court-mar­ dent may, upon the facts we know to-day-and I think we know tial of 1864, but their confirmatory report was re-examined by the enough-by the testimony and report of the Schofield board of re­ Secretary of War, and upo'h his information the President was satis­ view, nominate this officer for restoration to his former position. fied that the original finding of the court-martial waa erroneous, and That is the whole scope, object, and effect of the bill. The act in in the exercise of his own discretion ;he placed General Hammond Hammond's case, authorizing him to appoint a board of review, and upon the list of retire'1 officers as Surgeon-General of the Army to on the report of that board, favorable or unfavorable, in his own dis­ the satisfaction, I believe, of all just-minded men in this country, cretion, to set aside and annul the finding and sentence of a court­ certainly greatly to my own, for I never voted for a bill with greater martial which had been duly approved in 1864, is simply a recital of pleasure in my life, and I find in examining the record of the debate even more discretionary power than the present bill contains. of 1878 that the objections made in the present case by the report of But there was a case also in 1878 of a less distinguished man, but the honorable Senator from Illinois were made in Hammond's case I believe an entirely worthy one, Captain George A. Armes. He had by the.hono.ra~le Senator from Kansas, [Mr. PLUMil,] who now con­ been dismissed from the Army by a court-martial, and by the order curs with him m the report, and that he stood alone in the Senate by of the Adjutant-General he ceased to be an officer of the Army from his vote in sustaining them-the same objections precisely as to the the date of that order, which was the 7th of June, 1870. He came want of power and the sacred finality of decision and that we were before Congress, alleging gross injustice and great personal persecu­ invading the presidential prerogative of pardon, and I have great tion at the hands of the then Secretary of War, Mr. Belknap. The satisfaction in finding to-day that my remarks in the debate of 1878 committ~e he3!rd ~is prayer. They instituted no court of inquiry, are precisely applicable and sustain the vote which I propose to give the President lilBtltuted none; but Congress pa.ssed an net restoring in the present case. him to the Army, and he is there to-day in ths service where he ought In that case there was remarkable unanimity of opinion. The bill to be. was presented by a unanimous report from the Committee on l\Iilitary . Mr. COCKRELL. Congress authorized the President to aJ>point Affairs of the Senate, consisting then as n

Congress undertook by law, without any interposition of the Presi­ Mr. President, I do not care to detain the Senate in arguing whether dent, t o give him an honorable discharge with pay. That was a re­ the action of the President of the United States in calling what may versal pro tanto of that sentence; it was a direct examination and be known as the Schofield board of review into existence was war­ inquiry into the justice or injustice of the judgment and sentence of ranted by the statute or not. In my judgment it was warranted by the court-martial, the power to do which we have constantly asserted. the statute. I do not believe that there can be found one line in the If Congress could Eet aside part of the sentence, they assuredly had Articles of War that raises the bar of a statute of limitations upon a right to set aside all; and if Congress is exercising judicial power the power of presidential pardon and the inquiry which he ought to or invading the prerogative of the President by giving that man make for the purpose of review preliminary to any attempt to com­ who had been dishonorably discharged an honorable discharge with pensate the party injured and to remedy the injustice to which he pay, it was only another illustration of the exercise of the present may have been subjected. Where is there such a law Y Where is the power, which, it seems to me, ought to be regarded as essential for statute that sets a limitation upon his power f the purpose of remedying injustice when it shall have been discov­ I have heard it said in the course of this debate that it must be ex­ ered. ercised by the identical President who approved the :findino-. What But, say the committee, considering that there might have been a is the result of that Y It brings us to a government of meg and not question of doubt as to whether the President had formally approved a government of law. It is by virtue of the office he can exercise his the sentence of Armes's dismissal in 1870 : power of review and as Commander-in-Chief. In this very case is it B;y: virtue of this Ia.w, Special Orders No. 136, War Department, Adjutant-Gen­ possible that because the deplored death of Mr. Lincoln took place eral s Office, Washington, June 19, 1874, were issued, honorably discb.3.rging Cap­ all the powers of presidential examination in Porter's case died with tain Armes as of date June 7, 1870. him 'r Suppose the court closes its session on Wednesday and the Changing by act of Congress a dishonorable cashiering into an hon­ :finding is approved on Thursday, and the President dies on Friday orable discharge with pay and allowances- is it possible that the power of review dies with him Y Is it that be~ So that the committee concludes that the connection of Captain Armes with the cause the man is dead who at that time wa..s the President and be­ Army was completely severed by virtue of the act aforesaid and order aforesaid, cause he held that office had that power, the power is dead 11 It is and whatever irre~arities there may have been in the proceedings of the court. not so. The power survives in the office, whoever may fill it. Wher martial, and especially as to the review thereof, were comp,letely cured by the act and orders aforesaid, and by the voluntary acceptance thereof by Captain Armes. is the statute of limitation and who has a right to apply it, and say that mercy shall not be extended, and that justice shall not be done Here, then, is the reasoning in a case varying in its facts but illus­ in the face of any subsequent disclosure of facts, because a certain trating anew and very forcibly the principle I contend for, which is period of time has elapsed Y that there is power in the Congress of the United States to assist in But, sir, the power of the President to make rules and regulations for every way, whether by way of suggestion or by way of confirmation the goverment of the Army to amend and collate articles of war was of the act of the President, in removing a great act of public injustice questioned in 1853, and Mr. Cushing gave a very elaborate opinion to toward any one of its citizens. • Mr. Dobbin, the then Secretary of the Navy, on the subject. It con­ Mr. LOGAN. Now will the Senator, inasmuch as he is through tains an historical review of the practice under the Constitution; with that, allow me to make a suggestion to him in reference to that Congress, and- not the President, providing these rules and regula­ case! tions. Mr. Cushing decides and so advises the Secretary of the Navy. Mr. BAYARD. I beg pardon. I will read his opinion in the sixth volume of Opinions of Attorneys­ Mr. LOGAN. Will the Senator allow me to call his attention to General, page 15, and at page 18 : that case f I was not then in Congress, but I have read the court­ martial proceedings. He will find this to be the fact, that the com­ I am of opinion, therefore, that the ''System of Orders and Instructions," under examination, bein~ a. code of laws. and an act of legislation, was in derogation as mittee concluded that there was no court-martial decision, and why f such of the constitutional powers of Congress, and, as the mere act of the Presi­ Because the finding of the court-martial had never been approved by ~:!~:t~ matter not within his executi·rn Jurisdiction, is destitute of legal validity the President, and hence it was a nullity. There is a very grave dis­ tinction between the :finding of a court-martial never approved and That was as to the attempt of the President to establish a code, one that has been approved and has become a :finality. So I can cite articles of war, and procedure in cases in the naval service, ousting him to numbers of cases-- Congress from their confessed jurisdiction over the question. Mr. BAYARD. The Senator will have on opportunity to comment In the views thus presented, it is not intended to say that the President, as on the case. I only say to him that I think he is putting himself in commander-in-chief of the land and naval forces, has not some power to issue di­ rather a worse position than before on this subject. rections and orders. So has a commodore in command of a. squadron, or a general Mr. LOGAN. Very well; I take the chances on that; but if the in the field. But such ordel'!! and directions, when issued by the President, must Senator will al1ow me in reference to the law he was commenting on, be within the range of purely executive or administrative action. I think probably he does not want himself to fall into an error. The The Supreme Court, in the case of The United States vs. Eliason, law authorizing the President to nominate and appoint an officer (16 Peters, 301,) declare: who has been out of the Army is for the reason that promotion in The power of the Executive to establish rules and regulations for the govern­ the Army by the law goes by seniority. Where an officer ha.a been ment of the Army is undoubted. displaced from the service then it requires an act of Congress to sus­ pend promotion in order to allow that man to be appointed in the They declare the power to be undoubted. There can be no doubt Army, and that is the object of the act. It does not at all affect the that, where Congress has occupied the ground, the President cannot court-martial, but it affects the promotion in the Army, stopping it transgress thelimitsmarked out bytheirstatute, butwhere Congress at that point until he may be appointed to the Army. That is all has not occupied the ground and where the act is a military act di­ rectly in the purview of the powers of the President as commander- ~~~~~a~ . Mr. BAYARD. The honorable SeQ.ator has had full opportunity to .in-chief, then, according to the language of Attorney-General Cush­ be heard in this case, and he will have it again; but I mak-e no com­ ing, he has power to issue orders and directions "within the range of plaint. I endeavor to recognize the courtesies of debate in the Senate. executive or administrative action." Mr. LOGAN. I assure the Senator I meant no discourtesy; I Let us look at the act of Congress, article 115, providing for courts thought it was perfectly satisfactory; and I certainly will not inter­ of inquiry: rupt him again. I thought he would not object to having an under­ ART. 115. A court of inquiry, to examine into the nature of any transaction of, or accusation or imputation against. any officer or soldier, may be ordered by the standing of what the Military Committee mean by framing a bill to President or by any commanding officer; but, as courits of inquiry may be per­ allow the suspension of promotion in the Army. verted to dishonorable purposes, and may be employedi in the hands of weak and Mr. BAYARD. It is very obvious that it is embarrassing to me if envious commandants, as engines for the destruction or military merit, they shall every time I make a point in reply to the argument of the honorable never be ordered by any commanding officer, except upon a demand by the officer Senator or others, he is to rise and meet me upon it. I shall be obliged or soldier whose conduct is to be inquired of. to him to point out to me any errors of fact I may state; but when it Here then in his article there is a distinct recognition of the es­ comes to the question of suggestin~ arguments founded upon the law, sential difference between the commander-in-chief of the Army and I submit it would be better for him to let me get through. But the the mere commandants of forces under his control. There is a lim­ case of CaptainArmeswasjustthis: He has been put out of the Army itation upon the power of the latter, and there is no limitation upon of the United States by the sentence of a -court-martial, and accord­ the power of the former, but he may examine into the nature of any ing to the position of the honorable Senator from Illinois and the hon­ transaction or accusation or imputation against any officer or soldier. orable Senator from Wisconsin that case could not be hea:rd again There is no limitation a..s to time, no statement of years. He is au­ after the :finding had been approved, except before the bar of God. It thorized in the most general way, upon the demand of any officer or is shown that Congress did undertake to have that case heard again soldier whose conduct is to be inquired of, and whenever there is and without any information save that which it derived through its any transaction of or accusation or imputation against him, then he committee and through an ex parte statement of Captain Armes. It is authorized to examine. What is the fair construction and mean­ did not simply reopen the case but wholly reversed it. Without the ing of that f Fitz-John Porter was in the Army. Tho transaction interposition of a court of review; without any interposition from the was a military one. There were imputations and accusations of the executive authority, Congress changed that sentence by an act of Con­ grossest kind; they were upon the record that this court approved; gress and said to the man who had been dismissed in dishonor : "You but what can be the acts of the power of review, and for what pur­ shall be restored in honor and with pay." Is not that an exercise of pose is it intrusted to the President a.s broadly as here except for the power, clear, distinct, illustrative of the very power which I now wish purpose of being exercised by him Y So under that statute, by the to see exercised by the Congress of the United States to remedy a advice, with the approval of his constitutional advisers, a court of gross injustice. inquiry was regularly called. It was in accordance with article 11& 1880. CONGRESSIONAL RECORD-SENATE. 1375

as to numbers; it""' was provided with a recorder in accordance with beyond the control of General Fitz-John Porter. At page 750 General article 117; and in article 118 the powers of that court are set forth : McDowell testifies : ART.118. A court of inquiry, and the recorder thereof, shall have the same The orderin~ of Ricketts to Thoroughfare Gap was not in accordance with any :power to summon and examine witnesses as is given to courts-martial and the plan of operations made with the consent of General Pope. Judge-advocates thereof. Such witnesses shall talie the same oath which is ta.ken by witnesses before c-0urts-martia.1, and the party accused shall be permitted. to And at page 751 : examine and cross-examine them, so as fully to investigate the circumstances in I suppose that all the movements of the witness were under the direction of question. General~ope. The WITh"ESS. All the operations of my corps were, in a general way, by direc­ It has been asked what authority hac.l the President to summon tion of General Pope; but in carrying out those instructions I varied from them. this board. I say a fair and reasonable construction of the statute and in this particular case I varied from them against his wish and not with hie itself would give it; but may it not also reasonably be based upon approval his power as commander-in-chief of the Army and Navy~ He bas And see the same witness at pages 752 to 756. the inherent power, where not forbidden by statute, for the purpose What were those variations f Among them was included the with­ of reaching justice and the proper control and regulation of the drawal of the two divisions of Ricketts and King, which completely armies of the United States. He has the power to call courts of in­ changed the face of the whole matter. The. withdrawal of the divis­ quiry for his own information, and courts of review for the examina­ ion of General Ricketts from Thoroughfare Gap, and of King from tion pf past transactions. Warrenton pike where it had been posted for the purpose of pre­ I hold it, therefore, that the President of the United States had venting the union of the forces of Jackson with those of Longstreet, authority' to call that board; that they were called regularly;· that enabled that union fatally to take place, and that was not done by their proceedings were regular, and what has been the result f It order of Porter. The disobedience here designed to be expressed is lies before us in three volumes containing nearly two thousand pages the annulment of the joint order by General McDo.well under the of printed matter; it lies before us in a volume containing twenty­ discretion given in that joint order. General :McDowell says, (page four elaborately and carefully executed military maps. A glance at 82, volume 1:) those maps will show that they were executed by distinguished offi­ When tha.tjoint order reached us we were doing what that joint order directed cers of the United States Engineers, under the direction of George us to do. That joint order found the troops in the position in which it directed W. :Mccrary, the Secretary of War. Here is a map called the Piatt them to be. map. Let me read: And he then took King from Porter, and joining Ricketts to King, Engineer Department, U. S. Army, Bvt. Maj. Gen. A. A. Humphreys, Brig. turned back and away from Porter, up the.Sudley 8pring road toward Gen. & Chief of Engineers. Map of Battle-Grounds of August 28th, 29th, & 30th, Groveton. 18G2, in the vicinity of Groveton, Prince William Co., Va. Made by the authority Not only that act, but all that resulted from that act and the charge of the Hon. G. W. McCrary, Secretary of War. Surveyed in .Tune, 1878, by Bvt. MD.j. Gen. G. K. Warren, Major of Engineers, U.S. A., assisted by Capt. J. A. Jud­ that is based upon th~ supposition that this disobedience was the act son, C. E., (A. A. Gen. "King's Division,") and H. D,. Gurden, C. E., (late Capt. & of Porter, falls to the ground, for it is proven to be the act of McDow­ A. A. Gen. Confed. Army.) ell, himself confessing that it was he who violated the joint order of Sir, I do not believe in all the history of military proceedings that Pope to himself and Fitz-John Porter, of which General Pope accuses a more elaborate, careful, or more convincing mass of testimony was Porter. ever presented to the human mind. What was the next charge f I have referred to the charge that he Of the three officers composing the court or board I need not speak. did not obey Pope's joint order of August 29 to McDowell and him­ They are men of national reputation, all skilled in the art of war, one self to move toward Gainesville. The answer to that is shown by of them especially skilled in the a.rt of weighing testimony and con­ McDowen himself, that by virtue of seniority he was the officer in ducting examination, and aided by the presence on the part of the command, and that it was under his orders that Porter acted, under United States of a vigilant, acute, most energetic recorder as prose­ his orders that the division of Ricketts was moved back from Thor­ cuting officer; the testimony wa.s brought forth by able and accom­ oughfareGap and King's division diverted fromjoining Porter's forces, plished counsel for the accused; ao that even granting-which I do and Porter thus deprived of the forces necessary to carry out the joint not ~rant-that there was a. lack of technical authority for the sum­ order issued to him and McDowell. monmg and constitution of that board, yet I do say that considering The next charge is that on the 29th of August, being with his army its composition, considering the methods pursued, considering the re­ corps between Manassaa Station and the :field of battle then pending, sults brought before the country, no finding of any court was ever "and within sound of the guns, and in the presence of the enemy, and entitled to more moral weight before the world than the one which knowing that a severe action of great consequence was being fought, is now laid on the desks of every Senator. The mere, strict, techni­ and that t11e aid of his corps was greatly needed, did fail all day to cal, legal right to summon the board and to put it in operation, in my bring it on to the :field, and did shamefully fall back and retreat from judgment, fades away before the enormous force, the moral force, of the advance of the enemy, without any attempt to give them battle, their :findings and of their report to the President, all of which he and without knowing the forces from which he shamefully retreated." has laid before us. This is alleged on the 29th of August, 1862. Now, there comes a And what does this testimony establish T The statement is short. frightful fact. After that char~ was not only made but sustained It establishes a complete reversal, a complete refutation, a complete by the deposition of General Mcvowell himself, based upon I know denial, of every essential fact relied upon to justify the conviction of not what, the fact is disclosed by his last examination that he was General Porter in 1863. ~he charges, in short, against General Por­ dealing with the events of a totally different day. It is proven be­ ter, were, first, that being ordered on the night of the 27th of August, yond all ddubt that there was no such general battle raging on the 1862, to move his army corps toward a certain point he neglected 29th, and that which General Pope and General McDowell had al­ and disobeyed the order, to the violation of military discipline and leged to be this great and severe battle, which Fitz-John Porter heard the defeat of the plans of the commanding general. What is the and shamefully retreated from, or heartlessly listened to without answer to that, in proof f It is shown conclusively that the move­ moving, did not take place on the day he alleged it to have taken ment of his corps desired to be effected by the order given by General place. In other words, the fatal, the vital mistake was made in the Pope was in fact accomplished by him more speedily, more effectually, mind of General McDowell, of confnaing the 30th with the 29th day more successfully than if he had commenced his movement at the of August. Torn to his testimony on that subject on pages 734, 735, identical hour at which he was ordered, to wit, one o'clock at night; 736, 737, and 738. He had quoted the extract of the report of General that there is a reason in all things; that on a dark and rainy night, , showing that his forces had been placed in great with roads encumbered with wagon-trains, his men fatigued and ut­ jeopardy by the impetuous and fierce attacks of the United States terlyworn-out, he believed and knew that an economy of their strength forces on a given day, and but for the timely approa-0h of re-enforce­ to be secured by a further rest of two hours and the approach pf day­ ments from Longstreet, Jackson would have been overcome. The light would enable him to make progress to reach the point to which mistake of General McDowell was in reading the report of General he had been ordered infinitely sooner than if he had started at the Jackson, that he thought J a.ckson was alluding to the affair of the hour of one. So the proof is that he did in fact reach the point to 29th, when upon examination it turns out that Jackson was alluding which he had been ordered in full time for the accomplishment of to the 30th, of which I shall presently speak. He is asked: everything that was designed by the order. So far from there being If you had observed that, yon would have seen· that the extract which yon disobedience in spirit it is proven that there was a complete perform­ quoted as rel.a.ting to the 29th was intended to set forth in the report what related to the 30th. ance of the service designed for him, because he brought his army A. If you have read it correctly, I would. corps to the point at an earlier hour, and in better condition, than it Q. Well, look and see. [Book handed to witness.] would have reached had the letter and not the spirit of the order in The RECORDER. I object to that book being put in the ha.nds of the witness for question been followed by him. any such purpose. The PRESIDru."T .OF THE BOARD. This book has been admitted for the purposes of · He then was charged with having on the eyening of the following this cross-examination. The objection made by the Recorder has been ruled upon. day disobeyed the joint order issued to himself and'General McDowell. The WIThJIBS. From reading this I am entirely satisfied that I was in error in For that he has been held responsible; of that he was found guilty supposin(!; that report to refer to the 29th. and sentenced to be dismissed in disgrace. What are . the facts as (.l. It did in fact refer to the 30th, and was so given by General .Tack.son 7 stated by General McDowell himself f In answer to that it is con· A. Yes. It was a. mistake that I made. elusively shown and proved now by General McDowell himself, that On page 73 , after a good deal of fencing with the witness, who any departure from the joint order of General Pope issued to himself seemed very much and naturally embarrassed by this testimony, the and Fitz-John Porter was owing to his own act as the ranking officer question is asked : How long did yon remain of the impression that this e:xtra-0t printed by you by virtue of seniority when he and Porter were together. from General Jackson's report did refer t,o the 29th 7 I read from page 751, in which General McDowell admits that the A. Until about fifteen minutes a.go. withdrawal of the division of General Ricketts from Porter's force So that by the testimony of this distinguished officer upon whose was his own act, without the authority of General Pope and of course averments and knowledge the conviction of 1863 was chiefly found, 1376 CONGRESSIONAL RECORD- SENATE, MA.Rea 8, he was trying this man upon the wrong state of facts; he was try­ several, and you gave all that you thought were from General Porter. Didn't it occur to you thatitwasyourdutyto produce them, that the truth might be known~ ing him for the events of the 30th on the 29th. But there is much A. I tell you over and over again that I did not know I had them. How could more in that mistake than I have yet adverted to. It shows that the I, therefore, have failed to producfl them¥ whole fabric of General McDowell's testimony as to this man's con­ What were those dispatches i The first dispatch was as follows : duct on tho 29th falls to the ground, and he is compelled to admit Gn.""ERAL McDOWELL: The firing on my right has so far retired that, as I cannot that he had wholly mistaken the report of General Jackson upon advanc~, and ha\e failed to get over to you except by the route taken by King, I which he based his joint publications with Pope that this man was shall withdraw to Manassas. If you have anything to communicate please do so. guilty of cowardly, inhuman dereliction of duty on the 29th. I have sent many messengers to you and General Sigel and g-et nothing. But more, sir, another charge against General Porter to be consid­ F. J. PORTER, Major-General. ered in relation to tho charge that on the 29th of August he was An artillery duel is going on now-been skirmishing for a. long time. guilty of this great wickedness, is that he disobeyed the order of 4.30 F. J.P. p. m. on the 29th to attack the enemy and retreated from the advanc­ The second dispatch : GE~'ERAL McDOWELL or K!xG : I have been wandering over the woods and failed ing forces of the enemy without any attempt to engage them or to to get a co~unication to you. Te~ how matters go wit_h you. Tho enemy is in aid the troops who wer~ already fighting against greatly superior strong force m front of me, and I WISh to know your deSigns for to-niuht. If left numbers an cl were relying on the flank attack he was ordered to make 'to me I shall have to retire forfood and water, which I cannot get here~ How goes to secure a decisive victory, and to capture the enemy's army, results the battle~ It seems to go to our rear. The enemy a.re getting_ to our left. which )Ilust have followed from such flank attack had it been made F. J. PORTER, M. G. Vols. Th~ third dispatch : . by General Porter in compli:mce with said order. GENERAL McDOWELL : Failed in getting Morell over to you. After wanderin" about Here comes another answer disclosed at last by the mercy and jus­ the woods for a. time I withdrew lilin, and while doing so artillery opened "'on us. tice which ordered this rehearing of the case. The fact appears, that My scouts could not get through. Each one found the enemy between us and I the order of four o'clock and thirty minutes p. m. of the 29th did not believe some have been captured. Infantry are also in front. I am trying to get reach General Porter until after six o'clock, and the proof of that is a. battery, but have not succeeded as yet. From tho masses of dust on our left, and from reports of scouts, think the enemy arc moving largely in that way. Please found in page 769, in the testimony of General McDowell. I will read communicate the way this messenger came. I have no cavalry or messengers now. from his testimony on page 771 first: Please let me know your designs; whether you retire or not. I cannot get water Q. Three dispatches from General Porter to yourself have boon read here bythe and am out of provision. Have lost a few men from infantry firing. recorder. You, I suppose, furnished him with those dispatches 1 F. J. PORTER, Maj. Gen. Vols. A. I was called upon by the board to do so, and I furnished them to him. AUG. 20-6 p. m. Q. How long have you had those 1 That order, worth a. thousand men's memories, that written paper, A. About sixteen years. Q. Ravo you had them ever since yon received them from General Porter that a!ter sixteen years-I will not say of secretion or suppression, but ~ 1 . Sl.Xteen years of non-production, appears here to give the lie to this A. I suppose so. I didn't know I had them. charge against this brave man. It is a complete refutation that he The RECORDER. I will state here that I omitted, inadvertently, to produce those ever received that order of half past four o'clock of that afternoon by the witness, and mentioned the fact to the examining counsel that I intended to produce them. in time to make the attack which he waa directed to ma.ke. In fact, Mr. CHOATE. They are considered as introduced. the time had passed, and not only the time but the power of making Q. You have had them in your possession ever since they were received 'l such an attack practicable at all had passed, because orders of Pope A. I found them when the request was made to me by the board. I looked among and McDowell had withdrawn from him the very troops, Ricketts' my old papers and found those dispatches. 0Q. Will you tell me why they were not produced on the trial of General Porter and King's divisions, whose place was supplied by the armed forces bv court-martial 'I · of the enemy. ·A. I could not. Now, of the 30th of August. They all declare thataftersixo'clock on the 29th military operations for that night had ended. I mean ~·. y;~~~t~!r~: t~~dl~~r~!i. I was s rised to find them. If I had immediately answered the request of the board, r;Eould have said I had not any­ the operations intended of an attack in force. There necessarily was thing of General Porter's in my possession. skirmishing, but the battle no longer partook or was proposed to par­ Q. Have you not the habit of preserving the papers which you receh--e ! take of a general or serious character. Then comes Thursday, the A. Yes, su·. 30th. Was that day the day of this man's glory or was it the day of Q. Is it not a particular habit with you~ A. Yes, sir. his shame t Who can speak so well as the man he met f Who is Q. Don't you make it a rule to preserve all the official papers that you receive 'l there North or South, East or West, to decry the judgment of Stone­ A. Yes, srr. wall Jackson as to a soldier's capacity for .fighting t None could be Q. Then you knew that whatever _you received from General Porter you still called who would attest it more freely than those who opposed him had, did you, when you went to testify on the court.martial and to make an exam­ ination t-0 see what papers or dispatches you had from him that would tend to show in battle. What did he say t What was his report on that 30th day the truth of these events 'I of August Y It was that such attacks were made with such fury and A. No, sir; I did not. gallantry upon the part of the United States forces that nothing but Q. Whynot'I A. Because my attention was not drawn to it. I tell you now, I did not know I the fortunate re-enforcement by General Longstreet prevented his had those dispatches. overthrow. Q. Did not you think it your duty, in giving testimony against a brother officer, Read the words of Jackson's own report to Lee, at page 733 : to make an examination of the dispatches you had received from him in order that In a few moments our entire line was engaged in a. fierce and sanguinary strug­ full justice should be done him 'l gle with the enemy. As one line wa.s repu1sed another took its place, and pressea A. I was brought before the court not knowing what questions would be asked forward, as if determined by force of numbers and fury of assault to drive us from me. I answered such questions as were asked me. At the time I was before that our position. So impetuous and well 8U8Utined were these onsets as to induce me to court I did not lmowthat I had those dispatches. I could have just as well brought send to the commanding general for re-enforcemenfJJ, but the timely and gallant advg,nce them then as now. If you want to imply that I suppressed those dispatches, I say of General Longstreet on the right relieved my troops from the pressure of ov8T'l.ohelm­ to you I could as well suppress them now as then. ing numbers, and gave to those brave men the chances of a mQre equal conflict. The questions as.ired at the former trial were then read to him : And now Senators, ask yourselves, ask General McDowell, ask the "Q. Can yon recollect whether on that day you received any message or order at American people whose heart and brain directed the attack, and whose all from General Porter 'I splendid courage came very near overwhelming the forces of Stone­ "A. Yes, sir; I received messages from him on that day. "Q. Can you tell the court particularly about any of those messages 'I wall Jackson t Whose troops were then in front of Jackson and ' ' A. I answe:red one of his messages in writing, but I have no copy of that note. Longstreet Y Whose valor caused Jackson to be grateful that re-en­ I do not know whether I wrote it or whether it was written by another and signed forcements had reached him just in time for his safety It was Fitz­ by me. I thinkhia notes were asking how the battle was going on or what was the John Porter; it was the valor of the troops he commanded. Sir, that condition of things with us, so far as I can recollect. "-G. 0. M. Rec., pa.ge 220. Now, as you state that you had a fixed habit of preserving all official papers that which was published by Pope and McDowell for his shame will stand you received, did not you re~ard it as your duty, when the question was put to you forever the monument of his honor and fidelity. The facts are there; so pointedly on the trial of ueneral Porter, to1ook for those dispatches, that the they cannot be erased ; they canm~t be gainsaid ; they stand to-day truth might be known 'I and they will burn themselves into the consciences of the American A. I have answered your question once before. I had no memory of having received those dispatches at the time of General Porter's trial. I wish "I had had people so long a,s memory shall last. [Applause in the galleries.]~ those dispatches then. They would have established a point. The PRESIDING OFFICER, (Mr. GARLAND in the chair.) Silence Q. You need not arguo. in the galleries. A. You imply that I suppressed those dispatches. There is an implication of Mr. BAYARD. Mr. President, I have read with interest and feel­ that in your question which I wish to resent. Q. You will answer first and then resent. ing the whole of the testimony in this case. Ori~ally a distinguished [Question r epeated.] • man, with whom my relations were those of frrnndly confidence, sent A. My answer was that when I went before that court I did not know as to what me his arguments and the papers connected with the case of Porter I was to be interrogated. I di4 not know at that time that those dispatches were at the time of the original trial-I refer to Hon. -.­ in my possession; and that I was surprised the other day to find them there; that I wished that I had known of them. I wished I had produced them at the time, and he and I had some correspondence upon the subject. After that; because they establfabed a. point I should like very much 1!o haw established. from his judgment, from the opinions published at that time, I am Q. Against General Ported frank to confess that I was a believer in the injustice of the finding A. In my favor. of that court-martial. I thought that Fitz-John Porter had been i .And against General Porter 1 tried in a time when reason slept and when passion raged; that he sbottlflii.!t!~~~ {!d Ji~\sp~!1ha~!'e'~~ ~~::e ~~t Morell o~er to you." I was the victim of a heated, unwholesome atmosphere; that the re­ Q. Now will you please answer the question whether, when the matter was so port of the Senate in Hammond's case might have applied to him. I pointe~y brought to your attention, and messages were inquired ~or, you did not regard it as your duty to find and produce them, that the truth rmght be known¥ may read it. It seems a little florid in style, but it is true: A. I told -you that I did not know fuat I had those dispatches. The period wnen the difficulties originated between Secretary Stanton and Sur­ Q. Yon knew it was your fixed habit to preserve all dispatches, and ihose dis­ geon-General Hammond was one replete with perplexities and troubles. A great patches were called for by the board ¥ civil war was in progress, large armies were arrayed in a.ctivo hostilities, and the A. No, sir; they didn't know that such dispatches were in existence. issue of events was uncertain and indeterminate. There were, of necessity, an· Q. The question was whether you had received dispatches, and you said you had tagonisms, ambitions, and jealousies without number, embarrassing and hampering isso. CONGRESSIONAL RECORP--SENATE. 1377 the authorities. Chaos reigned supreme, and the untoward fate of a single ~rson~ and the brave men under his command that saved what was saved just or unjust, merited or unmerited, whether in exalted or humble station,_ weig~en of the Army of the United States on the 30th day of August, 1862: If not a. feather in the momentous balance. Men of elevated rank and reputatio!l were 1!3St from their high estates to give place to others, in some cases the experi­ men wish to understand how he felt on that day, let them read the ment utterly failing and the speculation proving valueless, while ~other~ yrnld­ unconscious testimony of the man when he sent to .McClellan this ing good return. Success was the touchstone, and to the Moloch of its attribute~, response to his telegram. General Pope testifies that ~e would not or what was conceived to be its necessities, victims were daily, nay ho~ly, sacn­ allow this telegram to be forwarded, and says he was forbidden to send ficed. Into this whirlpool of events Dr. Hammond was drown and carrieil down. The history of that era. is an open book, known to and read by all the world. that dispatch to General McClellan by orders of his superior officer, but it would have told McClellan no more than he well knew before. Sir it is a true picture of the excited condition of feeling at that It tells the American people that which they knew before, which they time.' But still there were minds competent to judge. If the Senate only will believe in the more as time rolls on-that Porter was ever were passing upon the question of a pension, in the case of .a man who faithful and true. · his died of wounds received in service or in consequence of exposure Mr. President, I must apologiz~ to th~ Senate for ~he length ?f time in the public behalf, whether the symptoms of the petitioner were and the very imperfect manner m which I have discussed this case. such a.s entitled him to relief according to the well-known rules of It after all. rests with the care and the patience of Senators themselves granting pensions would not the Senate feel itself bound in great to make that examination of the testimony should they have doubt degree by the oputlon of eminent physicians and surgeons f Would of the testimony, or of the law should they have doubt of the law, of not the opinion of men especially skilled in. that art be rel!ed upon the power of Congress to assist the President in every way in having then to form their judgment as to the ~rantrng of !he.pens10°: 7 So justice done to this office~. . .. I take it in regard to the weight of testimony. We1ghmg testimony Something has been said about his rece1vrng the pay and allow­ is a thing of skill. ~en'smind:Smust betra~ed toadju.stfact to fact ances of his rank. Upon my soul, I think i~ is scarcely worth ~en­ in order to obtain afa.1r proportion out of which truth arIBes, and upon tioning. It seems to me tha.t the great act is the act of restorati, 536, suffered. It really seems to me this point is insignificant and small .and so on to page 540. Wha:t sh~ll I say as the weight of. testimony beyond notice. to guide me in my vote contamed·m the report of the Schofield bUnion Army from defeat which co~cience that has been placed in the breast of every man among would otherwise have resulted that day from the enemy's more speedy concentra· us T This country of ours is one of the leading nations of the world, tion. The only seriously critical period of that campaign, viz, between eleven a. m. and little minds are not fit to govern it. If this Government should and sunset of August 29, was thus safely passed. Porter had m1;ders~d and ap· fal. and go down amid the tears of those who lov~ constitutiona~ lib­ preciated the military situation, and, so far as he had acted upon his own Judgment, ibis action had been wise and judicious. For the disaster of the succe~g ~y ~e erty and republican freedom, close to the root of its cause of failure was in no degree res~onsible. Whoever else may have been responaible, it did will be found the fact that her representative and public men dis­ not ti.ow from any action or inaction of his. guised their honest opinions and failed to tell the people the truth, Closing the history of this terrible battle. They show what they as they knew it to exist. [Applause in the galleries.] term the fierce and gallant struggle of Porter's own troops on the Mr. McDONALD. Mr. President- 30th which had been used to sustain the original error, which was ]l.lr. WHYTE. Will the Senator from Indiana give waythatimay that the fight that occurred was on the ~th, under which he was move that the Senate proceed to the consideration of executive busi- condemned. General Porter was in effect condemned for not having ness! · taken any part in his own battle. Mr. McDONALD. I understand that the Senator from Illinois Such was the error upon which General Porter was pronounced guilty of the wishes to say something now. most shameful crime known amonu soldiers. We believe not one among all t.he Mr. LOGAN. Mr. President, I desire just about five minutes on one gallant soldiers on that bloody fie'id was less deserving of such condemnation proposition, if the Senator from Indiana will allow me. than he. The PRESIDING OFFICER, (Mr. W ALLAOE in the chair.) Does Mr. President, there is a key-note to the animus of J'.'itz-Jo~ Por­ the Senator from Indiana yield to the Senator from Illinois 'I ter at that time, and through those dreadful scenes ~hie~ I w1~ read. Mr. LOGAN. I understand the Senator from Indiana yields to me. It is to be found at page 25. General McClellan m ?i8 t~sti~ony The PRESIDING OFFICER. The Senate will be in order. .avers that he sent a dispatch to General Porter exhortrng him rn the Mr. LOGAN. Of course, I do not intend to detain the Senate, and strongest words to give to Pope every aid and every succor that he I would not rise were it not for the fact that I desire to call the at­ oould have accorded to him. He testifies that he wrote that dispatch tention of the Senator from Delaware [Mr. BAYARD] to one of his not that he had the faintest doubt that General Porter would give propositions in regard to the law concerning courts of inquiry. He -every aid ill his power to sustain his commander, General Pope, not read the statute in reference to courts of inquiry, which applies to that he doubted for one moment the fealty of his brave companion officers of the Army, and then stated to the Senate that this board, in arms and true friend, but it was written at the suggestion of Pres­ called the Schofield board, was authorized by that provision of the ident Lincoln, who said that there were rumors of sore feelings b~­ statute. I am certainly very much astonished that so good a lawyer tween the officers and against General Pope upon the part of his as the Senator from Delaware should say that that was a board subordinates, wbich made him think it perhaps would be wise if Gen­ organized under this provision of the statute, when the statute pro­ eral McClellan sent this exhortation, this message from his heart to vides expressly that a court of inquiry shall be called on the request those who knew and loved him so well. At page 25 is the response of an officer of the Army to inquire into his own conduct. of Fitz-John Porter to that dispatch of General McClellan, and this Mr. BAYARD. I beg the Senator's pardon, the law requires that dispatch I say strikes the key-note of that man's heart through the where such courts of inquiry are called by a commanding officer they whole of these transa.ctions: shall be called at the request of the officer whose conduct is com- FAIRFAX C.H., 10 a. m., September 2, 1862. plained of, but it does not require a court of inquiry to be callt:d at You may rest assured that all your friends, as well as every lover of his coun. t~ request of an officer where the President orders it. try, will ever give, as they have given, to General Pope their cordial co-operation Mr. LOGAN. A court of inquiry is in reference to the conduot of and constantenfeebled support troops inattest the execution our devoted of aJ.lduty. orders and plans. Our killed, wounded, an officer in the Army, not in reference to the conduct of a citiZfttt.\ F. J. PORTER, Mr. BA.YARD. May I i·ead the section to the honorable Senator! Major-General Oommanding. Mr. I.:.OGAN. Certainly. General GEORGE B. McCLELLAN, Washington. Mr. BAYARD. I will read it: Yes, sir, those killed, wounded, enfeebled troops did attest their ART. 115. A court of inquiry, to examine into the nature of any transaction of, devotion to duty. It was that devotion to duty of Fitz-John Porter or accusation or imputation aga.inst, any officer or soldier, may be ordered by the.. X-87 1378 CONGRESSIONAL RECORD-SENATE. MARCH 8,.

President or by any coIIllWmding officer· but a.s courts of inquiry may be per­ into his conduct so that be may exculpate himself, or for the purpose "Verted to dishonorable purposes, and may be employed, in the hands of weak and of preventing certain oppressions, the President may do it himself. envious commandants, as engines for the destruction of military merit, they shall never be ordered by any commanding officer, except upon a demand by the officer Do it for what f To examine the conduct of the officer to see whether or aoldier whose conduct is to be inquired of. he will put him before a court-martial or not. That is the object ; bot what was done in this case f When the Mr. LOGAN. Exactly. Now, Mr. President, the Senator totally information came to the President of the United States in reference misapprehe~ds me. That law appli~s in no sense whatever t? a c~ti­ to this man's conduct, he called a court-martia.l, as be had a right to .t:en ; it applies to an officer or a soldier rn the Army. A court of mqmry do under the law, without a court of inquiry; and he having been may be called on the request of an officer or soldier in the Army by a conrt-martialed, that is the end of the law, so far as it applies to him commanding officer; but for the purpose of preventing what is stated as a military officer, and no court of inquiry can take jurisdiction of thtire the President himself may call it. Now, will any Senator, I him under military law. care not who he may be, pretend for one moment that a court of in­ Now, one other point I wish to call the Senator's attention to, and quiry as known in military parlance, under the military law, can be it is in reference to the evidence. I beg pardon of the Senate for called for the purpose of inquhing into the conduct of a citizen f No a~ain taking the :floor, but I will not, while this question is being man has ever ma-Oe such an aasertion that I have ever heard of prior discussed, sit here and allow a perversion of the testimony or the law, to this day. Fitz-John Porter was a citizen of the United St.ates when if I can prevent it. The Senator says that McDowell's testimony be­ this board was called, and not an officer of the Army, not a soldier in fore this board shows that he made a mistake before the court-mar­ the Army, and it was called by the President, not under this section, tial-I so undersoood the Senator-that be testified before this board but outside of any law whatever. that he was mistaken in reference to General Jackson's report, and Mr. BAYARD. May I say this to the Senator: Fitz-John Porter's used the 30th for the 29th. conduct which wa-s under investigation was when he was a soldier in Mr. BAYARD. In hls reports and also in his written statement. the Army; thereforo it was a military question which was under Mr. LOGAN. Whose written statement t consideration. This board of review never asked a question as to Mr. BAYARD. General McDowell's. what Fitz-John Porter bad done since 1862. They were not called Mr. LOGAN. I am coming to that, and I will answer it. The Sen­ for the purpose of asking what Porter had done since 1862; they were a.tor left the impression before the Senate that General McDowell had not called to consider Fitz-John Porter as a private citizen. The sworn before the coart;..martial to that effect. matter they inquired of was the action of Fitz-John Porter when a Mr. BAYARD. I meant to give this view to the Senate-- major-general of the Army, and what he did,-what were the accusa­ Mr. LOGAN. Whatever you meant to give, I am speaking of the tions against him, the imputations upon him, not when he was a.. impression left- private citizen, but when he was a soldier in the Army. It is beg­ :Mr. BAY ARD. I cannot speak as to that. ging the whole question to say that you cannot inquire into acts per­ Mr. LOGAN. Let me answer if the Senator will allow me.. I will formed at a period when be was distinctly within the letter of the not misrepresent him at all. statute. · Mr. BAYARD. Not willingly I am sure. Mr. LOGAN. Mr. President, the proposition I make is this: not Mr. LOGAN. What do you mean by it f that the President may not ask a board of officers to give him infor­ Mr. BAYARD. I mean to say this: General McDowell had ma.de mation, as I said the other day, for the purpose of ascertaining the statements, written statements and oral statements-I do not know propriety of a pardon ; but that under this section of the law the whether they were in his prior testimony or not-but he had circulated President of the United States has no right to call a board of officers freely his account of the transa-ctions of the 29th and 30th of August, to examine into the conduct of a citizen as a citizen or as a soldier which convicted Porter of standing by cruelly and allowing his asso­ or as an officer when that officer or soldier no longer belongs to the ciate& to be ma-ssacred and making no attempt to relieve them, which Army. . he bases on the report of Stonewall Jackson, and that he was not aware Now let us see what a court of inquiry is constituted for. A court of his error until fifteen minutes before the time he was examined last of inquiry in the Army is constituted to ascertain what t To ascer­ by the board at West Point. tain whether or not the conduct of the officer to be inquired into has Mr. LOGAN. I understand that. been such as to authorize the preferring of articles against him to Mr. BAYARD. So that the very fact of Port.er's gallantry on the bring him before a court-martial. That is the object. and.intention 30th of Angnst, 1862, was used for the pnrpose of condemning his con­ of it, and it always has been so understood. No lawyer m this country duct on the 29th. before has ever pretended that a court of inquiry of Army officers Mr. LOGAN. Now I will show the Senator exactly where he mis­ could be organized for any other purpose, and I must say that I was understands this statement. I have read the testimony, I think astounded at the statement of the Senator from Delaware in refer­ about a.soften as any other Senator. The evidence that he refers to ence to the proposition. is a statement that General McDowell made in answer to General Mr. BAYARD. May I ask the honorable Senator from Illinois a Porter's application to the President for a rehearing. He made a question-- · · written statement, written after the court-martial, years afterward, Mr. LOGAN. Yes, sir. I will be more generous with the Senator in which he quoted from General Jackson's report and quoted one than he was inclined to be with me toward the last. paragraph as relating to one day, when it should have been quoted Mr. BAYARD. Suppose the court-martial bas been held and the as relating to another day. But let us see what effect that had on finding has been approved and the officer is dismissed from the Army, the court-martial. · he then ceases to be a soldier. There was no such testimony before the court-martial; no such state­ Mr. LOGAN. I say be does. ment was made; no reference was made to General Jackson's report Mr. BAYARD. I am speaking of your reasoning now. Let me ask before the court-martial. General J a-0kson's report had not been seen what is the purpose of this board of inquiry or review but to open at that time. And let me call the Senator's attention to the fact that those very proceedings f General ·Jackson's report of the battle of the 29th and 30th was found MT. LOGAN. This is not a board of inquiry at all. There is no among his papers after he was dead. Hence McDowell could not have snch thing as a board of inquiry. known anything about it at the time of the court-martial. It would Mr. BAYARD. I am speaking of the board authorized by the sec­ be very well for the Senator to state these things as he goes along. tion of the statute I have just read. It was found among General Jackson's papers, found by his ·adjutant­ Mr. ·LOGAN. That is a court of inquiry to inquire into the conduct general, referring to these battles. I read from it myself right here of an officer in the Army, to see whether or not he shall be put be­ from this desk, reviewing the para~aph where be speaks of the 30th, fore a court-martial for trial, and that is the purpose and object of it, and without that, General Jacksons report shows that the battle of and it has always been so understood. the 29th was a severe battle, and so does all the evidence. Now, sir, the Senator will agree that when the judgment of a court­ The object of the Senator by making this statement and seeking to martial, approved by the President, dismisses an officer from the Army put General McDowell in a false position was to try to prove that there he is out of the Army and beeomes a citizen. Does he not agree to was no battle on the 29th. That was his object, for be so stated. thatf Now I state, and he knows it to be the fact if be has read this testi­ Mr. BAYARD. And I do also say that the power of review for the mony, that in the battle of the 29th King-'s division and Reynolds's di­ purpose of restoring him does not cease, that courts of inquiry for vision of General McDowell's corps were both engaged in that battle the purpose of establishing a review may be called, and that we over from five up to eight o'clock, and lost over, fifteen hundred men on and over and over again in the history of our legislation have ap­ the 29th. The teMtimony of Stuart, of the co?f.ederate cavalry, of Gen­ proved them and have ratified the restoration of a man. eral Lee, the commander of the confederate army, of General Long­ Mr. LOGAN. No matter what the history has been, it has been street, of Rosser, of every one of those men, shows that a battle was done by law. The President has no law, the Secretary of War hasno fought on the 29th and a severe battle, and as I said the other day the lawful authority, you can find it nowhere, to call a court of inquiry only battle of Porter that day was with the dust and the brush that to examine into the conduct of a citizen, no matter how long ago or was in his front. how short ago he may have been in the Army. That is not the pnr­ Now one other point- poee. It never was intended and never bas been done. I asserted that Mr. McDONALD. I think I have yielded long enongh. thia board was without authority of law. The Senator undertakes Mr. LOGAN. Just one moment in answer to one other proposition to meet that by talking about a court of inquiry that may be called of the Senator from Delaware, for as I said I want this thing to be by the President, or by the officer asking it of his commanding gen­ fair and honest on both sides, no misrepresentation. The testimony eral. . What officer can ask for it f An officer in the Army asking of of General McDowell cannot be twisted in this way for the purpose his commanding general to organize a con.rt of inquiry to inquire of trying to exculpate this man from the vel'dict of the court-martial. isso. CONGRESSIONAL RECORD-HOUSE. 1379

No such testimony was before the court-martial as that paragraph of HOUSE OF REPRESENTATIVES. General Jackson's report; it waa n~t known at the time. Mr. BURNSIDE. The report was dated a.Her the court. . MONDAY, March 8, 1880. Mr. LOGAN. Certainly, it was long after the court, and It was only shown before this board, as they call it, for the purpose by the The Honse met at twelve o'clock m. Prayer by Rev. DAVID WILLS, lawyers of trying to get Genera:l Mc~owell ~o say that he had made D.D. a mistake in a letter he had written m quoting that report, and that The Journal of Friday was read and approved. is all t.here was of it. Like a frank and honest man he said he had ORDER Oll' BUSINESS. been mistaken, but not in hts evidence before the court-martial. The Mr. DIBRELL. On the 20th of February last, the papers called Senator would have us understand that General McJ?owelJ con~essed for by House resolution from the Committee on Military Affairs were to a mistake in his testimony before the court-martial. T1?-at IS not referred by mistake-- true. There is no tmch thing in this evidence, and no such inference The SPEAKER. That is not a correction of the Journal, and 'the can be drawn for one moment. Chair will have to recognize the gentleman later in the day. Next the Senator says that the order of his of six o'clock that Mc­ NEW RULES. Doweii produced before the board of investigat~on, an order da~ed by The SPEAKER. The Chair desires to announce that, under the Fitz-John Porter at six o'clock, proves conclusively that he did not order of the House, the new rnles go into operation to-day. The Chair recei,.o the order of 4.30, known aa the Pope order of 4.30. On t~at will state to members they can procure cards of admission for the let me call the Senator's attention to the facts. Colonel Locke, F1tz­ members' gallery and for the visitors' gallery, provided for under the J ohn Porter's own staff officer, swears before this board that he was new rules, by applying to the Doorkeeper. The regular order under present when the order was received; that at once an order was sent the rules is-- to Morell to attack, and Morell swears that he got the. order ~o at­ Mr. GARFIELD. Is this which I hold in my hand the order of busi­ tack and the sun was then up to the tops of the trees; and immediately ness! afte; he got the order to attack he received another order in writing The SPEAKER. That the Chair supposes to be the Calendar made to remain where he was all night and not attack. General ~orell, by the journal clerk of the Honse in accordance with the resolution one of his own division commanders, Colonel Locke, one of his own of the Honse. The Chair is advised it is incorrect in one or two par­ staff officers, General Butterfield, one of his ?Wn brigade commanders, ticulars which will be made correct in future publications. and two captains all swear to the same thing, and two of these offi­ Mr. GARFIELD. There appears to be here but one calendar, namely, cers swear they ~ere present when Porter ~ceived the order. There the House Calendar, whereas we have two calendars in the Commit­ is the testimony, and yon pretend that this ?.30 note to McDowell tee of the Who1e and a Private Calendar. does away with the order of 4.30. No such thmg. . . The SPEAKER. The Calendar for Friday will be printed on Fri­ More than that General Heintzelman swears, and there is the evi­ day. The House Calendar is printed to-day. dence in the very book you were reading if you turn to it, t1:1at at Mr. GARFIELD. But there are two calendars which ought to be five o'clock in the afternoon, at Pope's headquarters, they received a printed. note from General Fitz-John Porter saying he was going to retreat The SPEAKER. The Chair supposes that there are two calendars to Manassas. Do you say that this shows that Porter r~ceived no printed, that which relates to business in the Committee of the ~ole such order. There is the evidence right before you, of Hemtzelman. on the state of the Union and the Honse Calendar. The remammg General Heintzelman, in this city now, swears before your board th~t calendar will be made up on Friday. the note spoken of was read at Pops's headquarters at five o'clock m Mr. GARFIELD. Where is the calendar of the Committ.ee of the the afternoon and that was some three miles from where Fitz-John Whole on the state of the Union t Porter was, ~nd McDowell's troops went into the fight after .five The SPEAKER. The Chair finds that it has not yet been printed., o'clock with two divisions; and this was at the time they received but will be, as the Chair is advised. this news that Porter had been attacked and was retreating on Ma­ Mr. GARFIELD. What is presented this morning is the Hons& nassas. I read Heintzelman's testimony the other day, and yet you Calendar alone, and the other two calendars are to be printed here­ pretend that no such order was issued. Sir, you cannot do it, and after! shall not dodge this question. The SPEAKER. That seems to be correct. Mr. EATON. Nobody wants to dodge it. Mr. GARFIELD. In order to facilitate business I suggest, during­ Mr. LOGAN. Very well, sir. I did not_address my remarks to the the day at any time, in order to ayoid reading this, that any member Senator. may move to correct anything which he may find incorrectly recorded Mr. EATON. You said nobody should dodge it. here, so that after to-day this shall be understood, if no criticism or Mr. LOGAN. I do say so. What I mean is that nobody ought to change be made, to be the fixed House Calendar. . dodge it. If there is no one here that wishes to dodge the main ques­ The SPEAKER. The Chair will be glad to hear any correction, tion let us have the facts aa they are and not as they are not. and will see it is made. F~rther than this, if this note was sent by Fitz-John Porter, what Mr. GARFIELD. I suggest it be open to everybody during the does it prove 7 It proves if he even sent it at six o'clock, as he said day-that it shall be in order for anybody to propose corrections to h~ dia that at six p'clock, when the evidence all shows that there this calendar. was n~ enemy in his front, he intended to retreat to Manassaa. It The SPEAKER. The Chair thinks he would have the power him­ proves that, does it notf Then I ask how does it leave ~'in w h~t self to make any such correction, and if any member will indicate way does it make his case any better Y In what way does It clear It now or during the day where an error occurs, he will have ii corrected up T In what way does it show that he was obeying orders when the in the Calendar for the future. . Senator from Delaware says if this order had been produced before Mr. GARFIELD. What I wish to suggest is, we should have the the court it would have wiped away all the accusations against him Y power of correction barred, so that if correction is not made on this Why sir it would only have made firmer in the minds of men that House Calendar to-day, then it is to be understood it shall stand aa he w~s n'ot doing his duty; for he says in the very note yon expect it is now printed. to exculpate him by: "I want to know how you are getting along; Mr. CONGER. I desire to say that I do not know any authority troops seem to be retiring ; I shall retire on Manassas;" and you claim there was for taking from the public Calendar any bill, or for dis- - that excuJpates him! .Now, sir, I cannot understand it so, and I say charging the Committee of the Whole from the consideration of any to the Senator from Connecticut that I meant no offense by saying bill on the public Calendar and putting it upon the House Calendar that men should not dodge it. I did not mean that I had the power without the action of the Honse. to keep them from doing so. I only meant they ought not to dodge it. The SPEAKER. The Chair isnotadvised that that has beendone. I mean no offense to any one. I have tried to discuss this question Mr. CONGER. I find bills on the Honse Calendar which were on fairly justly, and honestly on both sides. I only mean that I desire the public Calendar under the old rnle. · it shall be pre~ented honestly _and fairl;y, and if I can pre~ent it, I will The SPEAKER. Indicate which one. prevent its bemg presented m any other way. That IB all that I Mr. CONGER. The :first one on the Calendar. mean. The SPEAKER. State which one by title. Mr. McDONALD. Mr. President- Mr. CONGER. The first one, and I think the third. Mr. DAVIS, of West Virginia. The Senator from Indiana yielding, The SPEAKER. Does the gentleman refer to the bill reported I move that the Senate proceed to the consideration of executive from the Committee on Reform in the Civil Service f business. Mr. CONGER. No, sir; but to contributions for political purposes. Mr. PE:NDLETON. Let ns adjourn. The SPEAKER. The Chair and the gentleman allude to the same . Mr. HARRIS. I move that the Senate do now adjourn. ["Oh, no."] bill. . The PRESIDING OFFICER. Does the Senator from Tennessee Mr. CONGER. That was in the Committee of the Whole on the insist on his motion Y Public CaJendar. Mr. HARRIS. No, sir. It seems to be the desire of the Senate to have an executive session. The SPEAKER. The Clerk will read the order of the House. The Clerk read as follows: The PRESIDING OFFICER. It is moved that the Senate proceed Mr. HOSTETLER, Reform in Civil Service: A bill to prohibit Federal officers, to the consideration of executive business. claimants, and contractors from malting contributinns for political purposes. Pend­ The motion was agreed to; and the Senate proceeded to the consid · ing when the morning hour expired. June 14.-Momin~ hour expired. June 17.­ eration of executive business. .After five minutes spent in executive Pending the demand for the previous question the mormng holli" expired. Decem- session the doors were reopened, and (at four o'clock and twenty-five l>b~ ~-;;j'!aji~:S~~~~~~f~f ~:u~o~.1a~· ~~6d~;t!0~~~~~~u!fil minutes p. m.) the Senate adjourned. disposed of. 1380 CONGRESSIONAL RECORD-HOUSE. MABcH 8,

The SPEAKER. That bill is in the right place. tion are also in order for reference. Under the new rule instead of Mr. CONGER. It seems t-0 be so; but by what authority does it commencing the call with the State of Maine the Chair will call the go on the House Calendar! States and Territories in alphabetical order, beginning with the State Tho SPEAKER. Because it is in the Honse as a public bill, and of Alabama. should go to tho Honse Calendar. REDUCTION OF TARIFF. Mr. CONGER. But the rule says when reported by a committee Mr. SAMFORD introduced a bill(H. R.No.4925) toreducethetariff it goes to the House Calendar. on certain articles; which was read a first and second time. The SPEAKER. It was reported by a. committee. Mr. SAMFORD. I move that the bill be referred to the Committee Mr. CONGER. But when reported Y Immediat.ely on its being re­ on the Revision of the Laws. · ported. The SPEAKER. The rules provide that bills relating to the tariff The SPEAKER. The business in the House had t-0 go to the pub­ should go to the Committee on Ways and Means. lic Calendar in the Honse. Mr. SAMFORD. Cannot a majority of the House decide the ques­ Mr. CONGER. Any matter under consideration, under new rule tion of reference Y and tmder order made by the House, unfinished business in the Honse. The SPEAKER. To refer it to any other committee might be con­ Does that go to the Honse Calendar Y sidered to change the rule. The SPEAKER. It is not unfinished business, it has tho special Mr. SAMFORD. I understood, Mr. Speaker-- characteristic for such consideration, and it is not displaced. The SPEAKER. The gentleman cannot debate the question. The Mr. CONGER. I mean by what authority is any business put on rule is explicit, and a rule cannot be changed except by a suspension the Honse Calendar, except at the time it is reported from a commit­ of the rules. tee under the rules Y Mr. SAMFORD. If the Chair will permit me, I desire merely to The SPEAKER. This business was in the House, and it is placed say that I understood when a bill was introduced it was in the power tl1cro on the House Calendar for the consideration of the House, ac­ of a majority to send it to any committee it might desire. cording to the rule and in order of date of Honse order. The SPEAKER. Heretofore it has been so held. The Chair will Mr. CONGER. That must be by the order of the Speaker. cause to be read the new rule, which is the first clause of Rule 'fbe SPEAKER. Authority was given by the House to the journal XX.VIII. . clerk to do it. Where else would the gentleman have it go f The Clerk read as follows: Mr. CONGER. It is not for me to determine how the rules should No standing rule or order of the House shall be rescinded or changed without be executed. one day's notice of the motion therefor, and no rule shall be suspended except h;r a The SPEAKER. The gentleman would not surely mean t-0 intimate vote of two.thirds of the members present, nor shall the Speaker entertain a motion to suspend the rules except on the first and third Mondays of each month after ~he tha-t th-at bill should lose its place. call of States and Territories shall b.ave been completed, preference being given Mr. CONGER. That is a matter which belongs to the House. on the first Monday to individuals and on the third Monday to committees, and The SPEAKER. It is exactly in the position in which the House during the last six days of a. session. placed it. The SPEAKER. The Clerk will now read the second clause of Mr. GARFIELD. It was of course the intent.ion of the House that Rule XI. under the new rules all existing business should be put in place ac­ Mr. GARFIELD. What is the question T cordin~ to the old order, and having its old rights; only that it should The SPEAKER. The question is whether the gentleman from Ala­ be clistrilmted on these different calendars. The new rule could not bama. has a right to move to refer a bill relating to the revenue to be otherwise executed. This is an order to -be considered in the House the Committee on the Revision of the La.ws." The Chair has caused as in Committee of the Whole on the state of the Union, and it is to be read, first, the rule in relation to a suspension of the rules; and, accordingly placed on the House Calendar and will have to be con­ secondly, he will a(J'ain cause to be read what is contained in the first siderecl in that way. We have to execute the old order as made by clause of Rule Xf as to the reference of subjects relating to the the House ; and I think the Speaker is right in putting this order revenue. where it is. The Clerk read as follows: The SPEAKER. The Chair did not do it. It was done under a RULE XI. resolution of the House by the journal clerk. But tho Chair agrees POWERS AND DUTIES OF COMMITl'EE8 • with the gentleman fro~ Ohio that it is the. p~ace. where the ?r:der .All proposed legislation shall be referred to the committees named in the pre­ in tended it should come rn. If not put there it is without a position. ceding rule, as follows, namely, subjects relating- 1. To the election of members : to the Committee on Elections. The Clerk will read the resolution under which these calendars were 2. To the revenue and the bonded debt of the United States: t.o the Committee prepared. on Ways and Means. The Clerk read as follows : The SPEAKER. The rule provides that all subjects relating to the Resolved That the foregoing rules, just adopted as a substitute for all existing revenue and the bonded debt of the United States shall be referred mies of th~ House shall ta.ke effect and be in force from and after the hour of to the Committee on Ways and Means. noon on Monday ne'xt, on which day, after the reading of the Journal, the Speaker ,shnll present to the House the calendars provided for in these rules, on which shall Mr. SAMFORD. Is not that exactly the same as the old rulef 1>e entered in proper order all the measures now pending before the House or the The SPEAKER. The Chair thinks it is not ; the new rule is more ·Committee of the Whole : Prorrided, That, in carrying these rules into effect no distinct and specific than the old rule. tanclinu committee shall be abolished, nor the number of the same decreased, dur­ Mr. SAMFORD. Is not the purport of it the same Y inrr the present Con!:!l'eSS; nor shall any existing special order be set aside. The SPEAKER. The new rules being just about to go into oper­ The SPEAKER. It will be seen that the latter clause states that ation, the Chair desires to submit the question to the House and let special orders shall not be set aside. There bas been a strict adher­ the House give an interpretation to the rule. eu('e to the order of tho House in the arrangement which has been Mr. COX. In case of a doubt, would not the Chair, as usual, sub­ ·made of the business on the calendars thus far printed. mit the question to the House Y Mr. TOWNSHEND, of lliinois. I find on the Calendar of ~he Com­ The SPEAKER. The Chair has just stated that he proposes to 'IIIlit.tee of the Whole House on the state of the Union bills that in my submit this question to the House for its determination. judgment belong to the House Calendar. Mr. MORRISON. I move to refer the bill to the Committee of the The SPEAKER. Do they appropriate money or property T Whole on the state of the Union. Mr. TOWNSHEND, of Illinois. No, sir; they do not appropriate Mr. SAMFORD. I am quite willing that the bill shall have that money. reference. The SPEAKER. To what bills does the gentleman referT Mr. FER.i~Al.WO WOOD. I rise to a parliamentary inquiry. Mr. TOWNSHEND, of Illinoif?. I refer, for instance, to the bill The SPEAKER. The gentleman will state it. Teported from the Committee on the Revision of the Laws, in regard Mr. FERNANDO WOOD. I understood the Chair to say that to to the judiciary, and the bill in regard to the repeal of the tax upon change the order of .reference required by the rule necessit~ted the le:i.f-tobacco. changing or suspension of the rules. Now, I want the Charr to de­ The SPEAKER. The latter bill would be subject to the point of termine at once, here at the beginning of the operation of these new .order that it is a bill in relation to raising revenue, and wo~d go to rules, whether it is in the power of the House, by a mere ma.jority the Committee of the Whole on the state of the Union. vote, to chan~e the rule and pra.ctice in regard to the reference of Mr. TOWNSHEND, of Illinois. The judicial bill would properly ~o bills, and, without any notice whatever, to make a reference contrary to the House Calendar. It has nothing to do with tariff or the raI.S­ to the rule. ing of revenue. Mr. MORRISON. Allow me a word in reply. The old rule number The SPEAKER. The Chair is advised that the bill to which the 43 provided that- gentleman from Illinois alludes went to the Committee of the Whole When a resolution shall be offered, or a motion made, to refer a~y subject, ~d on t he state of the Union by the action of the House, and it will be different committees shall be proposed, the question shall be taken m the followmg the second bill in order for action on that calendar. This is the rea­ ord.:~~ Committee of the Whole House on the s~te of the Union; the Committee . on why the journal clerk haa assigned it as he has done. of the Whole House; a at.anding committee; a select committee. ORDER OF BUSINESS. The Committee on Rules ma.king the revision of rules reported to The SPEAKER. The regular order of business to-day is the call the Honse that Rule 43, which I have just read, was transferred to of States and Territories for bills and joint resolutions for printing the new rules and appeared as clause 2 of Rule XII~. Now unless and for appropriate reference; and under this call joint and concurrent it means the same thing in clause 2 of Rule Xlll as m old Rule 43, resolutions and memorials of State Legislatures may be presented for then the Committee on Rules has practiced something not much dif­ reference; resolutions of inquiry calling for, departmental informa- ferent from a fraud upon the House in reporting to the House that 1880. CONGRESSIONAL RECORD-HOUSE. 1381 it had transferred Rule 43 to Rnle XIII of the new rules, where it enforces the clause of the rule which I have just read. li no ques­ appeared as the second clause of that rule. I thought I saw some­ tion is raised this act of the Speaker is final. But it may be that the (.hing of the kind; I thought the committee had made some mis­ House does not concur with the Speaker and wish to make a different take or omitted something, and had not done what it reported it had reference, and some member raises the question. New Rule XIII, done; and therefore I voted against this rule and all the new rules as paragraph 2, comes in play-which specia.lly provides that the House they appear in the new revision. It is, I think: to b8 regretted that shall decide the "question of reference," and prescribes the order in the House did not reject them. which questions of reference shall be decided. The SPEAKER. The Clerk will read the second clause of Rule Mr. MORRISON. What order 'l XIII. Mr. GARFIELD. I will state in a moment. Who raises the question The Clerk read as follows: as to the order of reference On the motion of any member tbe ques­ 2. The question of reference of any proposition, other than that reported from a tion is raised and the House decides the question. The Speaker obeys committee, shall be decided without c'iebate, in the iollowing order, namely: a stand­ the rule by saying, "This goes to the Committee on Ways and Means." ing committee, a select committ.e~; but the reference of a proposition report.ad by a committee, when demanded, shaJ.J. be decided according to its characoor without Although the member offering the bill may wish to send it to some debate, in the following order, namely: Honse Calendar; Committee of the Whole other committee, the Speaker, seeing what . the subject-matter ia, House on the state of the Union; Committee of the Whole House; a standing com­ obeys the rule. mitt.ee; a select committ.ee. The SPEAKER. As a ministerial duty. . The SPEAKER. It is clear that the majority of the House can Mr. GARFIELD. And the bill is referred under the direction of reach n. report of a committee, and send it wherever it sees fit under the Speaker unless some member raises the question of reference to the rule. another committee. Mr. SAM:-ORD. Can they reach a bill introduced on Monday i Mr. ROBESON. Moves to suspend the rule. Mr. MORRISON. Not if this rule provides that it shall go to the Mr. GARFIELD. No; the Speaker's decision stands unless some Committee on Ways and Means; therule must be suspended in order member raises the question, as he has a right to, under Rule XIII. to send the bill elsewhere. What I desire to know is whether the The SPEAKER. The Chair concurs in the view of the gentleman rule does send it to the Committee on Ways and Means, and whether from Ohio that there was no attempt in Rule XIII to take from the it is true or not, as the Committee on· Rules reported to the House, House any power which it has heretofore exercised as to references on that this Rule 43 was to be found in the second clause of Rule XIII. Mon

Mr. COX. The House, then, can reach it by a majority f majority of the Honse to second me, refer it to the Military Commit­ The SPEAKER. If reached it would be by a majority. tee under that rule T Mr. BLACKBURN. I rise to a parliamentary inquiry. Under the The SPEAKER. The Chair thinks the Committee on Rules neve' construction the Chair gives to that clause of the thirteenth rule do I intended to abridge the right of the majority of the Honse to refer understand it requires more than a majority vote to determine which business. of these two references shall be had T Mr. ROBESON. Let me say further that if I understand Rule XI, The iPEAKER. '!'he Chair states where a proposition is intro­ it says all business with regard to revenue shall go to the Committee duced, the interpretation he thinks should be put on this rule is this: on Ways and Means. Rule XXVIII says that no standing rule shall be On propositions other than those reported from a committee the first altered except by a two-third vote under certain conditions. Rule XI vote is on reference to a standing committee, then on reference to a says questions of reference shall be taken according to their character, select committee, and then in the order of motions, if the House shall in a certain order; and when they are taken, are not their results put such construction on rules, to refer it as proposed by the gentle­ governed by the rule which requires two-thirds T And is not this a man from Illinois. They would have to vote down the reference to proposition to suspend the rule which requires two-thirds Y a standing committee 8!Dd then to a special committee, and next comes Mr. COX. Will the Chair allow me a word f the reference to the Committee of the Whole, if the House puts such The SPEAKER. One moment. construction on the rule. l\Ir. PAGE. I rise to a parliamentary inquiry. Mr. GAR~"'IELD. I understand the Speaker has ruled under the Mr. HAS.KELL. I desire to say one word in response to the remarks second clause of Rule XIII the question of reference as between two made by the gentleman from New Jersey which will, I think, explain standing committees of the House stands just where it stood under precisely the ruling of the Chair here. the forty-third rule of the old series. Under Rule XI it is entirely possible that a member of this Honse The SPEAKER. The Chair so wishes to be understood. may introduce a bill which shall be a revenue bill, which shall be a.n Mr. BLACKBURN. Certainly. appropriation bill, and which shall be a bill for the revision of the The SPEAKER. Under the practice formerly. The Chair knows statutes of the United States. All three of these committees may be it was not the intention to change that practice. interested in the bill. Under Rule XI the Speaker is charged to use Mr. CARLISLE. The forty-third rule of the old series provided, his ~scretion and send it where it properly belongs. Does any man when a proposition was introduced by an individual member, the in this House pretend to say that a bill which may have in it three question of reference should be first taken on the reference to the characteristics-belonging to three different committees-that this Committee of the Whole, then to a standing committee, and then to Honse cannot determine to which committee it shall go T Any other a select committee. On page 5 of the report made by the Committee ruling than the Speaker has made would bar yon :from that abso­ on Roles to the House it is stated this forty- third rulehad been trans­ lutely. This is an every-day occurrence. The Speaker looks at a bill, ferred to the second clause of Rule XllI in the revision; but when we he sees it is a public bill on one side and it is a private bill on the look to the second clause of Rule XIII of the revision we find omitted other, and he thinks it should go to the calendar of public bills, but _ the provision which allowed the motion to be made to refer the prop­ the Honse thinks it belongs to the calendar of private bills. Who is osition offered by an individual member to the Committee of the to tell f Whole. The SPEAKER. The House, in case of dispute. The SPEAKER. The report goes a little further than the gentle­ Mr. HASKELL. The House, of course. Here is a bill which comes man states, and sets forth wherein there is a chan~e. in; one man says it is a revenue bill, another that it is an appropria­ Mr. CARLISLE. On the next page. What I wish to ascertain is tion bill, and the Committee on the Revision of the Laws says : " You this: whether the Chair has ruled, the motion to refer to the Com­ are tinkering with a matterwe have under consideration." Will you mittee on the Revision of the Laws being voted down, the question make the Speaker decide beyond the will of the House which .of these can then be taken on the motion to refer to the Committee of the three committees shall have it, there being three quarreling for it, Whole House f as two are this morning f I never saw or heal'd of a legislative body The SPEAKER. The Chair will entertain that motion, because he which did not have the power finally to direct its own l~~islation. does not believe the Committee on Rules ever intended to change Mr. ROBESON. If that proposition be true, every bill can be re­ that right or to take it from a majority of this House, provided the ferred to the Committee on the Revision of the Laws. House puts such eonstrncti.on on the rule in qnestiop. The SP.EAKER. If the Honse so directs. Mr. FERN ANDO WOOD. Before determining that question, I de­ . Mr. ROBESON. Bat every bill has a distinct, direct, substantive sire to call the attention of the Chair to this construction of Rule subject-matter and purpose which it seeks to accomplish, and when XIII in its connection with the second clause of Rule XI. I premise it does that it changes the law; and I say that that committee which . by saying I do not think it materiai what the rules were before to­ ha.a that subject under consideration, according to all wood organiza­ day or what was the practice under those old rules; we have to deal tion and correct procedure of business, should have referred to it with the rules as they are now here before us. I hold that clause 2 of that sobject-mat~er with all its ramifications. Rule XIII does not apply to the distribution of bills as to what stand­ The &PEAKER. The gentleman from New York [Mr. Cox] is recog­ ing committees they shall be referred, but the question is whether nized. tbe:v shall be referred to a standing committee or to some other com­ Mr. HASKELL. I ask the gentleman to yield to me for one ques­ mittee. That is the question presented in that rule. But Rule XI is tion. Suppose we have a bill appropriating $8,000,000 for the sup­ peremptory-that it shall be referred-that all revenue bills shall be port of the Army; and suppose one-half of the bill is an appropriation l"eferred to the Committee on Ways and Means. And there is noth­ for the support of ihe Army and the other half for the reorganization ing in the thirteenth rule which contravenes the peremptory and ar­ of the Army; who can tell which is the leading feature of the bill! bitrary rule for the appropriate reference of bills. Who decide, if not the House f The SPEAKER. The Chair thinks that the spirit of the rule is Mr. ROBESON. That is a matter which would be governed by the that the majority of the Honse shall control its deliberations. rule which says laws shall not be changed by appropriation bills. Mr. FERNANDO WOOD. The majority of the House cannot change The SPEAKER. The Chair will state that he exercises a minis­ a rule. If it be true that the rule makes a disposition of the ques­ terial duty merely when be calls the attention of the House to the tion a majority of the House cannot change it, but two-thirds can fact on the introduction of a bill that it relates to revenue and be­ .change it after one day's notice. longs to the Committee on Ways and Means. The House has then The SPEAKER. The Chair knows perfectly well, because be de­ the power to direct the reference. It ha.s always had the power; it liberated with the Committee on Rules, that it was not intended in never has been intended it should be deprived of the power; and if the any way to prevent a majority of the Honse from making any such Speaker had the power to refer a bill differently from what was de­ assignment or reference of business as it might see fit. sired by a majority of the House, it would be a tyrannical exercise of Mr. FERNANDO WOOD. With all respect to the Committee on power. Rules, they should have so reported to the House, but they have not Mr. COX. I desire to say one word, Mr. Speaker, in re-ply to my done it. honorable colleague, [Mr. FERNANDO WOOD.] He thinks that under The SPEAKER. The Chair therefore thinks that the question Rule XXVIII it requires a. suspension of the rules to effectuate an shall be taken first for reference to a standing committee, next to a object which the majority of the Honse desires. It requires no such special committee, and then, if the House puts construction as indi­ thing. That never was required under the old rule, and, as we have cated, it must of necessity be within the range of the authority and been told by the gentleman from Kentucky and the Speaker; it is the power of the Honse to refer the matter somewhere else. not required by the revision. What then Y Suppose a bill comes up Mr. FERNANDO WOOD. What does it mean ll Rule XI, which about which there is a doubt as to its reference-whether it should determines the charactoc of questions to be referred f go to the Committee on Ways and Means, or to the Committee on The SPEAKER. It means that the Speaker, performing a minis­ Banking and Currency, or to the Committee on Coinage, Weights, terial duty, shall direct the attention of the House, when a subject and Measures, or to the Committee on Appropriations. comes up under thai clause, that the proposition should go, if there Mr. FERNANDO WOOD. Will my colleague permit me to ask be no dissent on the part of the majority, to the appropriate commit­ him a question T tee according to Rule XI. The Chair did that ministerial duty. Mr. COX. Yes, sir. Mr. ROBESON. I should like to ask a parliamentary question. Mr. FERNANDO WOOD. I ask him whetberintheCommitteeof the The SPEAKER. The gentleman will state it. Whole on the state of the Union in the consideration. of an appropri­ Mr. ROBESON. Suppose I rise and offer a proposition making an ation bill, when a question of or9-er is raised as to an amendment, if appropriation for the benefit of the Army, and the Speaker should it is not competent for the Chair to decide whether the amendment refer it to the Committee on Appropriations, could I, by a.sking a. is in order or not f Now, it is competent for the Speaker ::a.ud is bis .1880. CONGRESSIONAL RECORD-HOUSE. .1383

incumbent duty when a bill is introduced for reference to look at that The Clerk read as follows : bill and determine what reference under the rule it shall have. If it All proposed legislation shall be referred to the committees nai:ned in the pr&­ is a question of doubt, if there is anything in the bill making it sus­ ceding rule, as follows, namely : Snbjoota relating- ceptible of being referred to different standing committees, it will be * * * * * * * 31. To the revision and codification of the statutes of the United Stat.es: to the ior the Speaker to s;bmit the question to-the House to determine to Committee on the Revision of the Laws. which committee itrshall be referred. But it is for the Speaker in regard to every bill presente8. under this call to-day, and on every Mr. CONGER. Accordin~ to that rule, a bill in order to be prop­ other Monday, to de';ermine where, under the rule, that bill ·should erly referred to the Committee on the Revision of the Laws must go. relate to the revision or codification of the statutes. Mr. COX. That has been determined by fhe Speaker. .He has said Mr. ROBESON. I desire to make a parliam!mtary inquiry. this bill goes to the Committee on Ways and Means, under the rule. The SPEAKER. The gentleman will state it. The SPEAKER. The Chair in so determining exercised a minis- Mr. ROBESON. I understand the Chair to say that he will submit terial duty merely. • this question of reference to the House. I desire to know whether Mr. COX. A ministerial duty no doubt. But further than that he it will require a two-thirds vote to change the reference prescribed by says, "I will give effect to the will of the majority." The House may Rule XIY think this bill properly belongs to the Committee ou the Revision of The SPEAKER. When that point of order shall be made on a de­ the Lawe. My colleague and I know that the tariff was raised by cision by the House the Chair will rule upon it. the Committee on the Revision of the Laws; and it may be this very Mr. ROBESON. I find that Rule XI provides that subjects relating question of the tariff concerns that committee more than it does the to the revenue shall be referred to the Committee on Ways and Means. committee of which my colleague is chairman. Hence, if the ma­ By another rule it is provided that no rule shall be suspended except jority of the House says it shall not go to the Committee on Ways by a two-thirds vote. Now, I want the Chair to decide whether a mo­ and Means it will be because of some reason why it should not go tion to suspend this Rule XI so as to refer this bill to the Committee there. Perhaps they wish to take such action as will secure that this on the Revision of the Laws will require a two-thirds vote or not. bill will be reported and placed on the Calendar for the action, not The SPEAKER. The Chair will decide that question when it shall of the Committee on Ways and Means, but of the representatives of arise. the people. And therefore the gentleman who introduced the bill Many MEMBERS. Regular order! very properly says let the a.ction of the House be taken on this bill The SPEAKER. The regular order is demanded, and it is the q ues­ as to its reference. There is no difficulty about this. The rules have tion of reference, which is not debatable. no~ been substantially changed. There is no analogy between the Mr. KNOTT. Is it in order to amend the motion to refer this bill pomt made by my colleague in regard to the position of this bill be­ to the Committee on the Revision of the Laws so that it shall be sent fore the House and a point of order which the Speaker or the chair­ to the Committee of the Wliole House on the state of the Union T man of the Committee of the Whole might decide. Under the old The SPEAKER. TheChairwillnotentertain that motion, because rules it has been left to the will of the majority to determine where it is clear that under the rule the question must be first taken upon a bill should go, and I hope the new rules at their initiation now will referring the bill to a standing committee of the House, so that suoh be so construed as to carry out the will of this House and not the issue is not now presented. will of a few men who stop the will of this House by their proceed­ Mr. FRYE. Is an amendment now in order! ings as a committee. The SPEAKER. It is. Mr. SAMFORD rose. Mr. FRYE. Then I move to amend by substituting the Committee The SPEAKER. The Chair has decided it is for the House to deter­ on Ways and Means for the Committee on the Revision of the Laws. mine the question of reference between committees. The SPEAKER. That motion is in order. Mr. SAMFORD. I understand that, and now I desire to ask the Mr. ~PLL~. That I understood to be the original motion, to refer Chair a question. to the Committee on Ways and Means; and the second motion was to The SPEAKER. The Ch.air will hear it. refer to the Committee on the Revision of the Laws. Mr. SAMFORD. I wish to ask whether my motion to refer the bill The SPE~ER. No; just ~he opposite. The motion of the gen­ 'fi:, McCook, Russell, W.A. The SPEAKER. Debate is in order on a qnestion of order bntno~ Claflin, Hall, McLane, Ryan, Thomas npon the question of reference. ' Clark, Alvah A. Haskell, McMahon, Ryon, John W. Mr. TOWNSHEND, of lliinois. The Chair has decided the peint Clymer, Hawk Miles, Sapp, Coffroth, Hawl~y. Miller, Sawyer, of order. Conger, Hazelton, Mitchell, Shallenberger, The SPEAKER. The Clerk will read clause 31 of Rule XI. Covert, Heilman, Monroe, Sherwin, ~ ' 1384 CONGRESSIONAL RECORD-. HOUSE. MAR.err 8~

Smith, A. Herr Tyler, Wait, Wise an arrangement of the sort I suggest can be quietly made, it will Speer, Updegraft;J. T. Washburn, Wood, Fernando St.arin, Upde~ Thomas Wells, Wood, Walter A. greatly facilitate calls of the roll. On our side of the House the gen­ Stephens, Upson, White Wright, tleman from , Mr. HAR.UER, is already appointed to take Talbott, Urner, Willia.ins, C. G. Yocum, · charge of the announcement of the pairs. Thomas, VanAernam, Willits Young, ThomasL. Mr. TOWNSHEND, of Illinois. I have been selected for that duty Townsend, Amos Voorhis, Wilson', on this side of the House; but I cannot annoc&ce pairs unless they .NAYS-88. are reported to me. If my friends on this side will report their pairs. Atkins Dibrell, KBott, Shelley, to me I am perfectly willing to announce them. Beale, ' Dickey, Le Fevre, Simonton, Mr. WRIGHT. Inasmuch as the gentleman from Louisiana, :Mr. ~. Dunn, Lowe, Singleton, J. W. BlacKburn, Evins, Marsh, Singleton, 0. R. ROBERTSON, was present but did not hear his name called, I move Bland, Finley, McKenzie, Slemons, that he have the privilege of recording his vote. Blount, Forney, McMillin, Sparks, The SPEAKER. The Chair is not allowed under the rules to en­ Bri ht, Forsythe, Mills Stevenson, tertain a request to record a vote after the two roll-calls. Bu~er, Geddes, Morrison, Thompson, P. B. Cabell, Gillette, Muldrow, Tillman, Mr. WRIGHT. I raise the question whether even under the new Caldwell, Goode, Myers, Townshend, R. W. rules the Honse cannot by unanimous conseµt allow a gentleman t<> Carlisle, Gunter, Nicholls, Tarner, Oscar record his vote when he was present during the roll-call and did not Chittenden, Hammond, N. J. O'Connor, Tarner, Thomas hear his name called. Clardy, Hatch, Persons, Vance, Cobb, Herbert, Philips, Waddill, The SPEAKER. There is objection in this case; therefore the­ Colerick, Herndon, Phister, Wanier, point does not arise. Converse, Hill Poehler, Weaver, Mr. SCALES. I rise to a parliamentary inquiry. When these pairs,. Cook~ Hooker, Reagan, Wellborn, Cravens, House, Richardson, J. S. White:i.ker, the statement of which is furnished by members, are announced, does Culberson, Hull, Richmon(l, Whitthorne, that announcement hold good for the day f Davidson, Hunton, Rothwell, Williams, Thomas The SPEAKER. Where a pair continues during the day it need Ila.vis, Lowndes H. Hutchins, Samford, Willis, not be again announced. Deust.er, Johnston, Scales, Young, Casey. Mr. SCALES. I think that will save much trouble. NOT VOTING-61. The SPEAKER. The Chair has been asked by several gentlemen Aiken, Dick, Lewi.a, Russell, Daniel L. that his decision on the second clause of Rule XIII shall not be final Aldrich, N. W. Elam, Loring, Smith, Hezekiah B. and conclusive, and to that end the Chair asks the privilege to modify Armfield, Ellis, Lounsbery, Smith, WilliamE. Atherton, Ewing, Manning, Springer, his language in this particular, and in accordance with request he Bailey, Frost, Martin,Edwa.rdL. Steele, will hold that clause under advisement; and furthermore he would :Barlow, Hammond, John .Mart.int Joseph J. Stone, wish, if possible, to have in some way the instruction of the House Belford, Harmer, McCoia, Taylor, as to the interpretation of that rule. Of coarse the Chair will be sub­ Bliss, Harris, Benj. W. McGowan, Thompson, Wm. G. Boyd, Harris, John T. McKinley, 1.'ucker, missive in every particular to the will of the Honse. Bragg, Hayes, Money, Valentine, Mr. GARFIELD. I have no doubt the· decision which the Chair Brigliam, Henkle, Morton, Van Voorhis, has made, and from which no appeal has been taken, becomes the Caswell, Henry, Maller, Ward, decision of the House until reversed. Chalmers, Hurd, O'Brien, Wilber. Clark, John B. Killinger, O'Reilly, Mr. CONGER. It is in order that this may not be considered final Cox, King, Prescott, the Chair has plade the statement which we have just heard. Davis, Joseph J. Kitribin, Robeson, The SPEAKER. The Chair wishes to say that he is not clear in So the amendment of Mr. FRYE to refer the bill to the Committee reference to this matter and desires to have further study upon the on Ways and Means was agreed 'to. whole of the second clause of Rule XIII, that clause which relates to When the roll-call was concluded, the power of the individual to move to refer. The Chair impliedly Mr. ROBERTSON said: I ask to have my vote recorded. said he would entertain a motion to refer to the Committee of the Mr. BURROWS. I object. It is not in order under the new rule. Whole on the state of the Union, and thus get a construction of the The SPEAKER. The Clerk will read the rule on the subject. House in that particular. The Clerk read as follows: Mr. GARFIELD. That was not the ruling of the Chair, as that ON CALLS OF THE ROLL AND HOUSE. point really had not arisen, but was an incident.al.remark. It is clear 1. Upon every roll-call, the names of the members shall be called alphabetically to my mind-- by surname, except when two or more have the same surname, then the whole name The SPEAKER. The Chair will now announce the vote. shall be called; and after the roll has been once called, the Clerk shall call in their l\Ir. CONGER. Before the vote is announced, I desire to say the alphabetical order the names of those not voting; and thereafter the Speaker shall rule which precludes a member, who inadvertently did not respond not entertain a request to record a vote or announce a pair. to the call of his name on either call, from recording his vote, is, I Mr. ROBERTSON. I was present daring the roll-call and responded, think, a violation of the rights of members, a; violation of the consti­ but I suppose the Clerk failed to catch my response, because perhaps tutional privileges of members of this House, and I protest against I did not answer promptly enough. any decision which will prevent a man sitting here from asking to The SPEAKER. The Chair thinks he cannot entertain the request. be recorded, who was present in the House and who bad a right to The Clerk will announce the pairs, memoranda of which have been vote. handed in at the desk, in accordance with the new rule. The SPEAKER. There is no power to make a member vote. The The following pairs were announced: Chair has learned that. [Laughter.] .Mr. Cox with Mr. ROBESON. Mr. CONGER. The gentleman said he did not hear his name and Mr. WARD with Mr. AIKEN. sat in his seat all the time, and now desires to vote. I say no rule Mr. HARMER with Mr. ELLIS. of the Hoose can prevent a member from recording his vote. Mr. HAruus, of Massachusetts, with Mr. LEWIS. The SPEAKER. The fault is with the member, the Chair thinks, Mr. LORING with l\fr. KING. and not with the rule. Mr. AIKEN with Mr. w ARD. The Chair then announced the vote. Mr. MONEY with Mr. STONE. Mr. FRYE. I move to reconsider the vote by which the bill was Mr. STEELE with Mr. BOYD. referred to the Committee on Ways and Means; and also move that :Mr. HENKLE with Mr. ALDRICH, of Rhode Island. the motion to reconsider be laid on the table. Mr. THOMPSON, of Iowa, with Mr. DAVIS, of North Carolina. ' The latter motion was agreed to. Mr. HAMMOND, of New York, with Mr. O'BRIEN. Mr. ROBERTSON. As my vote cannot change the result I ask it Mr. BRIGHAM with Mr. TAYLOR. be recorded. Mr. BELFORD with Mr. SPRINGER. The SPEAKER. The Chair thinks the rule is explici~, but there a.re Mr. ELAM with Mr. DICK. peculiar circumstances in this case. The gentleman states he was in Mr. LOUNSBERY with Mr. BAILEY . his seat, but did not hear his name called. .Mr. HARR.Is, of Virginia, with Mr. PREscO'l'T. .Mr. PAGE. He may be a little deaf and did not hear his name. Mr. CHALMERS with Mr. v AN VOORHIS. The SPEAKER. The Chair will submit the question to the Honse Mr. CASWELL with Mr. BRAGG. whether a member under such circumstances shall have the right ti0 Mr. SMITH, of_ Georgia, with Mr. WILBER. vote. Mr. ARMFIELD with Mr. RUSSELL, of North Carolina. Mr. BURROWS Can the Speaker entertain a request for unani­ Mr. KITCHIN with Mr. MARTIN, of North Carolina. mous consent under the new rules f The SPEAKER. The Chair finds among the papers sent to the desk Mr. DUNNELL. These proceedings to-day will go into the RECORD an announcement by the gentleman from Missouri, Mr. PHILIPS, that and I hope there will be no departure from a strict interpretation of his colleague, Mr. CI.ARK, is detained from the Honse on account of the rnles. sickness. :Mr. BURROWS. The Speaker cannot entertain a request for unani­ · Mr. GARFIELD. I wish to make a suggestion at this point. It mous consent. will save a great deal of trouble if gentlemen on the other side will, Mr. DUNNELL. I hope the Chair will not ent~ain the motion, by mutual consent, agree upon some member who shall have charge nor pot it to the House. of the pairs; and we will do the same on this side. In that way two Mr. PHELPS. The gentleman from Louisiana. did vote after his members can make all these reports; otherwise there may be confu­ name was called; I was sitting near him and heard him, bat his vote sion; we shall ha.ve pairs twice reported or irregularly reported. If was not heard at the Clerk's desk. 1880. CONGRESSIONAL RECORD-HOUSE. 138~

Mr. CONGER. Has not the gentleman the Tight to vote T On the motion to refer to the Committee on Ways and Means th& The SPEAKER. The gentleman now states he did vote. yea-s were 135, the nays 89. Mr. CONGER. I understood the gentleman to state publicly he Mr. SAMFORD. Mr. Speaker, beforetheChairannounces the vote· desired to vote. I desire to make a parliamentary inquiry. Mr. ROBERTSON. I did not vote promptly on the call of my name, The SPEAKER. The gentleman will state it. but I did vote before the call was finished. Mr. SAMFORD. I understand the amendment to my motion has. > Mr. GARFIELD. The gentleman is entitled to be recorded under been adopted. Does not the question now recur on the original mo-: such circumstances. tion a-s amended 'I The SPEAKER. How did the gentleman vot.eT The SPEAKER. It would if desired by the gentleman or any Mr. ROBERTSON. In the affirmative. member. The SPEAKER. It will be so recorded. Mr. SAMFORD. Then I desire to offer au amendment to refer to-­ Mr. DUNNELL. I did not understand the situation when I made the Committee of the Whole. my remark. The SPEAKER. The Chair does not now entertain such motion. The vote was then announced as above recorded. Mr. SAMFORD. Is it in order to offer it as a substitute for the PRINTING TYPE AND PAPER FREE OF DUTY. motion as amended f The SPEAKER. It is not. Tliat is exactly the point the Chair· Mr. SAMFORD also introduced a bill (H. R. No. 49'26) to repeal wished to have reserved. the tariff on printing type and paper and the materials entering into Mr. SAMFORD. I ask pardon of the Chair. My object is to keep· their composition; which was read a first and second time. it away from the Committee on Ways and Means if possible. b The SPEAKER. The Chair thinks this bill under the rule should The SPEAKER. The House by a. vot.e has determined to refer it be referred to the Committee on Ways and Means. there. Mr. SAMFORD. I demand the yeas and nays on that vote. The bill was accordingly referred to the Committee on Ways and The yeas and nays were ordered. Means. The question was taken ; and it was decided in the affirmative-yeas Mr. FRYE moved to reconsider the vote by which the bill was.. 135, nays 89, not voting 68; as follows: referred to the Committee on Ways and Means; and also moved that YEAS-135. the motion to reconsider be laid on the table. Acklen, De La. Matyr, Kelley, Russell, Daniel L. The latter motion was agreed to. Aldrich, William Deerinn"" Kenna., Russell, W. A. Anderson, Dunne , Ketcham, Ryan, Thomas The Clerk read the following pairs : · Bachman, Dwight, Klotz, RyQn, John W. Mr. ELAM, of Louisiana, with Mr. DICK, of Pennsylvania. Baker, Einstein, Ladd, Sapp, Mr. O'CONNOR, of South Carolina, with !Ir. ALDRICH, of Rhode· Ballou, Errett, Lapham, Shallenberger, Island. Barber, Farr, Lindsey, Sherwin, Dayne, Felton, Martin, Benj. F. Smith, A. Herr Mr. McKINLEY, of Ohio, with Mr. BOUCK, of Wisconsin. Beltzhoover, Ferdon, McGowan, Starin Mr. MONEY, of Mississippi, with Mr. MABON, of New York. Bicknell, Field, McMahon, St.one,' Mr. DUNNELL. I hope the second a.nnouncementof pairs will not Bingham, Fisher, Miles, Talbott, be accepted as an interpretation of the rule. I understand there is. Blake, Ford, Miller, Thoma.a, Bliss, Fort, Mitchell, Townsend, Amos to be but one announcement during the day. Bowman, Frye, Monroe, T:vler, The SPEAKER. The Chair basso stated. This is only an announce- Brewer, Garfield, Morse, Updegraff, J. T. ment of pairs not included in the former announcement. · Briggs, Gibson, Neal, Updegraff, Thomas Mr. BLOUNT. My pair with my colleague, Mr. STEPHENS, ought to· Browne, Godsha.lk, New, Upson, Burrows, Hall, Norcross, Urner, be announced; and for this that I am opposed to the reference to the Butterworth, Haskell, O'Neill, Valentine, Ways and Means Committee, and Mr. STEPHENS is in favor of it. Calkins, Hawk, Orth, Van Aernam, Mr. TOWNSHEND, of Illinois. Mr. Speaker, the Clerk has not an-· Camp, Hawley, Osmer, Voorhis, nounced all the pairs. I send up a certificate of pairs not heretofore Cannon, Hazelton, Overton, Wait, Carpenter, Heilman, Pacheco, Ward, announced. Claflin, Henderson, Page, Washburn, The SPEAKER. The Clerk has just read the pairs not before an­ Clark, .Alvah A. Hiscock, Phelps, Wells, nounced on to-day. Clymer, Horr, Pierce, Williams, C. G. Mr. TOWNSHEND, of Illinois. I sent up the names of Mr. STE­ Coffroth, Houk, Pound, Wtlson, Conger, Hubbell, Price, Wise, PHENS and Mr. BLOUNT as being paired. Covert., Humphrey, Reed, Wood, Fernando ·The SPEAK.ER. Did those gentlemen vote on the former question f Cowgill, James, Rice, Wood, Walter A. Mr. TOWNSHEND, of Illinois. Yes, sir; and they are now paired, Crapo, Jones, Richardson, D. P. Wright\ and the pair has not been read. Daggett, Jorgensen, Robertson, Yocum, Davis, George R. Joyce, Robinson, Young, Thomas L. The SPEAKER. The object of the rule is that the same pair shall Davis, Horace Keifer, Ross, not be twice announced in the same day; but pairs which have not. NAYS-89. been announced heretofore of course should properly be announced Aiken, Dunn, Manning, Sinlonton, at this time. Atkins, Evins, Marsh, Singleton,J. W. The Clerk r~ad as follows : Deale, Forney, Martin, Edward L. Singleton, O. R. Mr. BLOUNT and Mr. STEPHENS, of Georgia, are pa.ired. Derry, Forsythe, McKenzie, Slemons, Dla.ckburn, Geddes, McLane, Sparks, PURCHASERS OF WESTERN PACIFIC RAILROAD LANDS. Bland, Gillette, Mol\fillin, Speer, Mr. PAGE introduced a bill (H. R. No. 4927) for the relief of pur­ Bri ht Goode, Mills Stevenson, Bu~er, Gunter, Morrlson, Thompson, P. B. chasers of lands from the Western Pacific Railroad Company and its. Cabell, Hammond, N. J. Muldrow, Tillman, successors; which was read a :first and second time, ordered to be Caldwell, Hatch, Myers, Townshend, R. W. printed, and, with the 3£4K>mpanying papers, referred to the Commit­ Carlisle, Henkle, Nichol.la, Tacker, tee on the Public Lands. Clardy, Herbert, Persona, Turner, Oscar Cobb, Herndon, Philips, Torner, Thomas SURVEY OF PUEBLO OF SAN FRANCISCO. Colerick, Phister, Va.nce Mr. PAGE also introduced a bill (H. R. No. 4928) to confirm the sur­ Converse, ~er, Poehler, Waddill,1 Cook, Hostetler, Reagan, Warner, vey of the pueblo of San Francisco; which was read a :first and second•. Cravens, House, Rieliardson, J. S. Weaver, time, referred to the Committee on Private Land Claims, and ordered Culberson, Hull, Richmond, Wellborn, to be printed. Davidson, Hunt.on, Rothwell, Whitthorne, ABOLITION OF DUTY ON PRINTING-TYPE. Davis, Lowndes H. Hutchins, Samford, Williams, Thomas. Dauster, Kimmel, Sawyer, Mr. PAGE also introduced a bill (H. R. No. 4929) to abolish the duty Dibrell, LeFevre, Scales, on printing-type; which was read a :first and second time, referred to· Dickey, Lowe, Shelley, the Committee on Ways and Means, and ordered to be printed. NOT VOTING-68. POSTAL TELEGRAPH SYSTEM. Aldrich,N. W. Davis, Jeseph J. Kitchin O'Reilly, Armfield, Dick, Knott, ' Prescott, Mr. PAGE also introduced concurrent resolution of the Legislature Athert.on, ElaE,,,1!1,1 Lewis, Robeson, of California, asking for the establishment of a postal telegraph sys­ Bailey, uuo Loring, Smith, Hezekiah B. tem throughout the United States; which was read a :first and second Barlow, Ewfug, Lounsbery, Smith, William E. Belford, Finley, Martin, Joseph J. Springer, time, referred to the Committee on the Post-Office and Post-Roads,_ Blount, Frost, Mason, Steele, and ordered to be printed. Bouck, Hammond, John McCoid, Stephens, Boyd, H.a.rmeri.. McCook, Taylor, SACRAMENTO RIVER. Bragg, Harris, .tlenj. W. McKinley, Thompson, Wm. G. Mr. BERRY submitted the following resolution; which was referred Brigham, Harris., John T. Money, Van Voorhis, to the Committee on Mines and Mining : Caswell, Hayes, Morton, White Chalmers, Henry, Muller, Wbite'aker, Resolved, That the Secretary of War be requested to furnish this Hoose, for the Chittenden, Hurd, Murch, Wilber, use of the Committee on Commerce and the Committee on Mines and Minin~, the · Clark, John B. Johnston, Newberry, Willis, report of Colonel G. H: Mendal, United States engineer in California., relating to Cox, Killinger, O'Brien, Willits, the effect of mining in the Sacramento River and its tributaries. Crowley, King, O'Connor, Yo11Dg, Casey. MESSRS. M'CLELLAN AND SPOTSWOOD. Mr. DUNNELL. I move to dispense with the reading of the names. Mr. BELFORD introduced a bill (H. R. No. 4930) for the relief of The SPEAKER. The Chair hears no objection. M~srs. McClellan and Spotswood, of Colorado; which was read a first · 1386 CONGRESSIONAL RECORD-HOUSE: MARCH 8, and second time, referred to the Committee on the Post-Office and rule has held that it was not in t.he power of a member to ask even Post-Roads, and ordered to be printed. for the printing of a bill in the RECORD. DANIEL CONNOLLY. Mr. CONGER. I make. the point of order that the motion is not in order at this time. Mr. MILES introdnced a bill (H. R. No. 4931) granting a pensjon to Mr. MORRISON. Then I move that the bill be1·eferred to the Com­ Daniel Connolly, of Marbledale, county of Litchfield, Stat.e of Con­ mittee of the Whole House on the state of the Union. necticut; which was read a first and second time, referred to the Com­ Mr. KELLEY. I move to amend that motion so that the bill shall mittee on Invalid Pensions, and ordered to be printed. be referred to the Committee on Ways and Means. LUCY C. RAYMOND. The SPEAKER. The Chair has heretofore stated he did not wish Mr.WAIT introduced a bill (H. R. No. 4932) to place on the pension­ to make a decision as to the admissibility of the motion to refer to rolls the name of Lucy C. Raymond, widow of Edmund A. Raymond, the Committee of the Whole Honse on the state of the Union n. bill late quartermaster United States steamship Constitution; which was introduced by an individual member, until further reflection. reada:firstandsecond time, referred to the Committee on Invalid Pen­ Mr. MORRISON. I ·have no objection to the bill lying on the table sions, and ordered to be print.ed. for the present till the Speaker sees fit to decide that question. A MEMBER. Let it be withdrawn. DUTY ON PAPER PULP, ETC. The SPEAKER. The gentleman from Illinois ea,n withdraw the Mr. NICHOLLS introduced a bill (H. R. No. 4933) to remove the bill for the present, and introduce it next Monday, when the Chair duty on wood and straw pulp and soda-ash and other chemicals nsed in will be prepared to rule upon the question. The Chair does not wish the manufacture of paper, and to reduce the duty on unsized paper to make a hasty decision. to 5 per cent. ad valorern; which was read a first and second time. Mr. MORRISON. I withdraw the bill. Mr. NICHOLLS. I move that the bill be referred to tke Committee LOUIS J. SACRISTE. on Manufactures. Mr. DUNNELL. I move to amend so as to refer the bill to the Com­ Mr. FORT introduced a bill (H. R. No. 4937) to reinstate Louis J. mittee on Ways and Means. Sacriste to the with the rank held by him when The question being put, the Speaker stated that the ayes appeared honorably discharged, and to place him on the retired list; which to have it. was read a first and second time, referred to the Committee on Mili­ Mr. NICHOLLS. I call for the yeas and nays. tary Affairs, and ordered to be printed. The yeas and nays were not ordered. PENSIONS TO DISABLED SOLDIERS. So the amendment was agreed to ; and the bill was referred to the Mr. FORT also introduced a bill (H. R. No, 493:3) to grant pensions Committee on Ways and Means. to all soldiers and sailors of all wars of the United States, who from Mr. DUNNELL moved to reconsider the vote by which the bill was any reason other than by their own wrong acts have become physi­ referred to the Committee on Ways and Means ; and also moved to lay cally disabled or mentally incapacitat.ed to labor or to gain a liveli­ the motion to reconsider on the table. hood for themselves, and who have no means of support ; which was The latter motion was agreed to. read a first and second time, referred to the Committee on Invalid MILITARY EXERCISES ON THE SABBATH, Pensions, and ordered to be printed. Mr. SPEER introduced a bill (H. R. No. 4934) to exempt tho officers LUCRETIA M. LARKIN. a.nd soldiers of the regular Army of the United States from certain Mr. FORT also introduced a bill (H. R. No. 4939) for the relief of military exercises on the Sabbath da,y; which was read a first and Lucretia M. Larkin, of Chebanse, county of Iroquois, State o.f llii­ second time. nois ; which was rea-0. a first and second time, referred to the Com­ Mr. SPEER. I ask that the bill be read in full. mittee on Invalid Pensions, and ordered to be printed. The bill was read in full, and was referred to the Committee on Mili­ tary Affairs, and ordered to be printed. TAXATION OF PROPERTY HELD FOR CHARITABLE PURPOSES. Mr. MYERS introduced a bill (H. R. No. 4940) for the relief from E. J. CHRISTY. taxation of certain property in the District of Columbia actually Mr. SPEER also introduced a joint resolution (H. R. No. 231) for held and used for cha1·itable and benevolent purposes; which was the relief of E. J. Christy, administrator of John H. Christy, de­ read a first and second time, referred to the Committee on the Dis­ ceased; which was read a first and second time, referred to the Com­ trict of Columbia, and ordered to be printed. mittee on Elections, and ordered to be printed. LA WREN CE C. SHULER. PROPOSED HARBOR AT KEWAUNEE, WISCONSIN. Mr. MYERS also introduced a bill (H. R. No. 4941) granting an in­ Mr. SPEER also (by request of Mr. DEUSTER) presented a memorial crease of pension to Lawrence C. Shuler, late colonel l!...,ourth Regiment of the Legislature of the State of Wisconsin, relative to an appro­ Indiana Volunteer Cavalry; which was read a first and second time, priation for the proposea harbor at Kewaunee, Wisconsin; which was referred to t.he Committee on Invalid Pensions, and ordered to be referred to the Committee on Commerce. print.ed. INTERSTATE COMMERCE. CAUSES IN UNITED STATES CIRCUIT COURTS. Mr. BAKER introduced a bill (H. R. No. 4942) to amend section 968 Mr. SPEER also (by request of Mr. DEUSTER) presented joint reso­ of the Revised Statutes so as to require the plaintiff to pay costs lutions of the Legislature of the State of Wisconsin, asking such when he recovers a less sum than the amount fixed as the sum neces­ legislation as will place interstate commerce nnder the control of a sary to give jurisdiction to United Stat.es circuit courts; which was board of commissioners; which were referred to the Committee on read a first and second time. Commerce. Mr. BAKER. I move that the bill be referred to the Committee on JAMES M. AKIN. the Revision of the Laws, and printed. Mr. TOWNSHEND, of Illinois, introducetl a bill (H. R. No. 4935) Mr. CONGER. That bill should go to the Committee on the Judi­ granting a pe_nsion to James M. Akin; which was read a first and ciary. I make that point because the Committee on the Revision of second time, referred to the Committee on Invalid Pensions, and or­ the Laws has no right to consider any bill except for the revision or dered to be printed. codification of the statutes, not for the change of any particular law. LUCY ANN ELDER. The SPEAKER. Does the gentleman desire the Chair to rule upon Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. that point, or will he submit an amendment'f 4936) granting a pension to Lucy Ann Elder; which was read a first Mr. CONGER. I ask the Chair to rule on the point. and second time, reforred to the Committee on Invalid Pensions, and The SPEAKER. The Chair thinks that the bill should be referred ordered to be printed. to the Committee on the Judiciary. REDUCTION OF DUTIES. Mr. BAKER. Ithinkitshould gototheCommitteeon the Revision Mr. MORRISON. I introduce a bill to reduce duties in excess of of the Laws, for the reason that it only proposes the change of a sin­ 50 per cent. ad val.onmi on articles embraced in schedules A, B, C, E, gle section by the omission of three or four words. G, K, L, and M of section 2504 of the Revised Statutes and not sub­ Mr. CONGER. That may result in a very important change. ject to internal-revenue tax; and I send to the desk a motion in ref­ The SPEAKER. The gentleman from Indiana [Mr. BAKER] insists erence thereto, which I ask the Clerk to rea-0.. upon the reference which he has indicated. '· The Clerk read as follows : Mr. CONGER. I move to amend so that the bill shall be referred to the Committee on the Judiciary. That the bill be referred to the Committee on Ways and Means with instructions 1lo report the same back with its judgment thereon favorably or adversely within The amendment was agreed to; and accordingly the bill was re­ twenty days. ferred to the Committee on the Judiciary, and ordered to be printed. Mr. CONGER moved to reconsider the vote just taken; and also The SPEAKER. Under what rule does the gentleman from Illinois moved that the motion to reconsider be la.id on the table. say the right exists to submit this instruction T Mr. MORRISON. I expected the Speaker to find the rule by which The latter motion was agreed to. the House could express its judgment on a proposition like this. BARNARD M'NALLY. The SPEAKER. The Chair was asking for information. Mr. PRICE introduced a bill (H. R. No. 4943) to authorize payment Mr. MORRISON. I do not know any rule; but I know it has been of the claim of Barnard McNally, of Sabula, :{owa; which was read a. the practice of the Honse under the old rules t~ instruct committees. first and second time, referred to the Committee on Claims, and or­ The SPEAKER. Not during this hour. The Chair under the old dered to be printed. 1880. CONGRESSIONAL RECORD-HOUSE. 1387

AUGUSTA L. REED. COURTS IN DISTRICT OF COLUMBIA. Mr. PRICE also introduced a bill (H. D. No. 4944) for the relief of Mr. PIDSTER (by request) introduced a bill (H. R. No. 4959) far­ -Augusta L. Reed; which was read a first and second time, referred ther to amend the act entitled "An act to reorganize the courts of io the Committee on Claims, and ordered to be printed. the District of Columbia, and for other purposes," approved March R. H. SHROPSHIRE. 3, 1863, and to repeal section 861, chapter 2:4, of the Revised Statutes of the District of Columbia, and to re-enact the same as amended; Mr. PRICE also introduced a bill (H. R. No. 4945) for the relief of which was read a first and second time, referred to the Committee R. H. Shropshire ; which was read a first and second time, referred on the Judiciary, and ordered to be printed. to the Committee on War Claims, and ordered to be printed. HON. JOHN D. YOUNG. MEANDERED LAKES IN IOWA. M.c PHISTER also introduced a bill (H. R. No. 4958) for the ben­ Mr. PRICE also presented a joint resolution of the General Assembly efit of Hon. John D. Young, of Bath County, Kentucky; which was -of the State of Iowa, a.Sking for the relinquishment by the United read a first and second time. :States to the State of Iowa of the meandered lakes in that State; Mr. PHISTER. I move the reference of this bill to the Committee which was referred to the Committee on the Public Lands. on Elections. Mr. SAPP presented a joint resolution of the General Assembly of Mr. CONGER. I ask that the bill be read. the State of Iowa, in regard to meandered lakes in that State. The bill was read. Mr. DEERING. I would like to have that joint resolution read. Mr. CONGER. What reference is it proposed to give this bill f The joint resolution was read at length, and referred to the Com­ The SPEAKER. The gentleman introducing it asks to have it mittee on the Public Lands. referred to the Committee on Elections. CORN-STALK AND SORGHUM SUGAR. Mr. CONGER. It should go to the Committee on Claims. Mr. GILLETTE introduced a bill (H. R. No. 4946) in regard to the Mr. DUNNELL. Should it not go to the Committee on Appropria­ manufacture of sugar from corn-stalks and sorghum; which wa.sread tions T a first and second time. Mr. PHISTER. It involves a question in reference to electiona. I Mr. CONGER. Let that bill be read at length, or so much of it as suppose it properly goes t.o the Committee on Elections. will indicate its scope. ?tlr. ATKINS. It should go to the Committee on Claims. The bill was read at length, referred to the Committee on Agri­ The SPEAKER. The Chair understands this to be a proposition to -culture, and ordered to be printed. pay compensation to an applicant for a seat in a former House. In the opinion of the Chair it should go to the Committee on Claims. J. J. MERRICK. Mr. KEIFER. Does it not involve a question of membership T Mr. RYAN, of Kansas, introduced a bill (H. R. No. 4947) providing The SPEAKER. Not membership of this House. ·for the repayment of J. J. Merrick, of Harper County, Kansas, of the Mr. KEIFER. Bat of a former Honse. purchase-money paid for the southeast quarter of section 1, township The SPEAKER. If it involves a question as to membership of a 32 south, of range 7 west; which was read a first and second time, former House, that question has passed beyond reach. referred to. the Committee on the Public Lands, and ordered to be Mr. KEIFER. But the question whether the man was elected musfi _printed. be decided before the claim can be paid. HOLDEN COOK. The SPEAKER. In the opinion of the Chair this is a claim for Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4948) grant­ compeneation. ing a pension to Holden Cook; which was read a first and second Mr. KEIFER. It has been usual to refer everything of this kind time, referred to the Committee on Invalid Pensions, and ordered to to the Commit1ee on Elections. be printed. The SPEAKER. It is not competent for this House to review the H. E. YAN TREES. action of a former Honse as to the right of an individual to a seat in a former Congress. • Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4949) grant­ Mr. KEIFER. But if this Honse is to pass upon the question of ing a pension to H. E. Van Trees ; which was read a. first and second compensation, it involves the question of election. time, refe.rred to the Committee on Invalid Pensions, and ordered to Mr. COX. I think it has been the practice to refer all cases of this be printed. kind to the Committee on Elections in the first instance at least. CHARLES C. LEWIS. The SPEAKER. The Chair haa no choice as to the committee to Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4950) grant­ which the bill shall go. The Committee on Accounts of this Honse ing a pension to Charles C. Lewis; which was read a first and see_ond have held that bills to pay compensation to an employe of a former -time, referred to the Committee on Invalid Pensions, and ordered to Congress should go to the Committee on Claims; that the Commit­ be printed. tee on Accounts has cognizance only of matters relating to employes REUBEN MARSHALL. of present House. The analogy would apply to the case of a per­ Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4951) grant­ son claiming compensation as having been elected to a former Con­ ing a pension to Reuben Marshall; which was read a first and second gress. 'time, referred to the Committee on Invalid Pensions, and ordered to Mr. CARLISLE. Can the gentleman from Michigan inform the be printed. House what committee reported upon the claim of Hon. John Young M. H. CLEMENTS. Brown, which was allowed T That involved, I believe, a claim to a Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4952) grant­ seat in the same Congress. . .ing a pension to M. H. Clements; which was read a first and second Mr. CONGER. The rule provides that there shall be referred to the Committee on Claims all papers relating to "private and do­ time, referred to th~ Committee on Invalid Pensions, and ordered to be printed. mestic claims and demands, other than war claims, against the United States." This is a claim for compensation. It may be a very just RETIRED ARMY OFFICERS. one; I do not know anything about it ; but it is a matter that comes Mr. RYAN, of Kansas, also introduced a bill (H. R. No. 4953) to fix properly within the province of that committee. the rank of certain retired officers of the Army ; which was read a Mr. PHISTER. If the Chair thinks that the Committee on Claims first and second time, referred to the Committee on Military Affairs, is the proper committee, I am satisfied. '3Ild ordered to be printed. The SPEAKER. Under the new rules there can be no difficulty CAPTAIN W. J. LYSTER. about having the bill reported, because almost every committ.ee will Mr. ANDERSON introduced a bill (H. R. No. 4954) for the relief be called each week, perhaps oftener. ' of Captain W. J. Lyster, Nineteenth Infantry, United States Army; Mr. PHISTER. Does the Chair think this bill oeght to go to the which waa read a :first and second time, referred to the Committee on Committee on Claims T • . Military Affairs, and ordered to be printed. The SPEAKER. The Chair thinks bills of this character have heretofore gone to the 4Committee on Claims. HARRY J. TODD. 1\Ir. PHISTER. Then let it be so referred. Mr. BLACKBURN introduced a bill (H. R. No. 4955) for the relief The SPEAKER. But the Chair has no wish to control the Honse of Harry J. Todd; which was read a first and second time, referred in the least degree, and is quite willing to submit the question of io the Committee on Ways and Means, and ordered to be printed. reference to a vote. 1 Mr. KEil'ER. I will say that we have pending in the Committee JOHN W. M CLANAHAN. on Elections a number of such claims. Mr. McKENZIE introduced a bill (H. R. No. 4956) granting a pen­ The SPEAKER. If the gentleman from Ohio prefers that the bill .sion to John W. McClanahan,of Henderson County, Kentucky; which should go to the Committee on Elections, the Chair will of course was read a first and second time, referred to the Comrilittee on Inva­ submit the question to the House. lid Pensions, and ordered to be printed. Mr. KEIFER. That committee has before it a number of claims similar to this, involving the question of theelectionofanindividnal DUTIES ON AGRICULTURAL MACHINERY. to a former Honse. Mr. McKENZIE also introduced a bill (H. R. No. 4957) abolishing The SPEAKER. So far as the right of an individual to a seat in a -all duties upon agricultural machinery and implements; which was former Honse is involved, that·question is one beyond recall. read a first and second time, referred to the Committee on Ways and Mr. KEIFER. But so far as the compensation claimed depends Means, and ordered to be printed. upon the right to a seat that question is involved. 1388 CONGRESSIONAL RECORD-HOUSE. MARCH 8,

;The SPEAKER. It might be considered as a matter of equity in CALCASmu RIVER, LOUISIANA. determining the amount of compensation. Mr. KEIFER. If there was no election at all, the person would be Mr. ACKLEN also prei:iented a joint resolution of the General entitled to no compensation. Assam ~ly o~ the Sta:-t-: of Lo~ia.na, asking an appropriation for The SPEAKER. The Chair is without any wish on the subject. Calcasieu River, Lorusiana.; which was read a first and second time Mr. BLOUNT. Have the Committee on Elections been reporting referred to the Committee on Commerce, and ordered to be printed: such cases f TARIFF. Mr. KEIFER. We have a number of them. Mr. KING introduced a bill (H. R. No. 4966) to amend section 2505 Mr. BLOUNT. What is the number before that committee f The of the Revised Statutes; which was read a first and second time. gentleman from Kentucky referred to the oase of Mr. Young Brown, Mr. KING. I move its reference to the Committee on the Revision but it is the only one I have ever known. of the Laws. The SPEAKER. The Chair will submit this to the House. • Mr. KEIFER. I move to amend by referring it to the Committee Mr. CONGER. I move to amend by referring to the Committee on on Ways and Means. · . Claims. The amend:nent was agreed to ; and the bill was accordingly referred· The amendment was adopted; and the motion, as amended, was to the Committee on Ways and Means, and ordered to be printed. agreed to. . Mr. CONGER moved to reconsider the vote just taken· and also So the bill was referred to the Committee on Claims. moved that the motion to reconsider be laid on the table. ' MESSAGE FROM THE SENATE. The latter motion was agreed to. A message from the Senate, by Mr. BuacH, its Secretary, announoed . ¥1'· DUNNELL. I wish to ask a parliamentary question, whether the adoption of the following resolution : it is necessary to make these motions to reconsider in such cases ? The SPEAKER. is not. The rule provides that bills so intro­ Resolved, That the House of Represent.atives be respectfully requested to trans­ It mit to the Senate for examination in reference t-0 the claims therein ·mentioned, now duced a.nd referred shall not come back under a motion to reconsider. pending before the Senatehcertain letters from the Secretary of the Interior, ad­ The motion to reconsider, therefore, is superfluous. dressed to the Speaker of t e House of Representatives, and by him submitted to the House on the 13th day of May, 1874, and described in tbeHouseJournalof that LOUISIANA NATIONAL GUARDS. day as "letters in relation to the private land claims of Jacques Clamorgan and ..Mr. KING also introduced a joint resolution (H. R. No. 232) author- Peter Provenchere." 1zrn~ the Secretary of. War to send camp equipage to the Lonlifiana It further announced the passage of a bill (H. R. No. 2004) to con­ N at10nal Guards; which was read a first and second time, referred t<> firm the title of Charles Olivier Duclozel to certain lands in the State the Committee on Military Affairs, and ordered to be printed. of Louisiana, with an amendment in which concurrence was requested. It further announced the passage of the following bills; in which CHARLES K. RAMSBURG. concurrence was requested : Mr. URNER introduced a bill (H. R. No. 496i) for the relief of Charles. An a-0t (S. No. 217) to introduce moral and social science inw the K. Ramsburg; which was read a first and second time, referred to public schools of the District of Columbia; the Committee on Invalid Pensions, and ordered to be printed . . An act (S. No. 316) for the relief of homestead settlers on the pub­ DUTIES ON IMPORTS. lic lands; An act (S. No. 370) granting a. pension to Phmbe C. Doxsie; Mr. MORSE introduced a bill (H. R. No. 4968) to amend the laws An act (S. No. 392) to remove the political disabilities of John R. relating to the duties on imports; which was read a first and second F. Tatnall, of Georgia; time. An act (S. No. 474) for the relief of William McGovern; Mr. MORSE. I ask its reference to the Committee on Revision of An act (S. No. 526) granting a pension to Esther E. Lieurance; the Laws. An act (S. No. 939) to amend the law relative to the seizure and Mr. DUNNELL. I move to amend by referring it to the Commit- forfeiture of vessels for breach of the revenue laws; tee on Ways and Means. · • ,An act (S. No. 982) granting a pension to Spencer W. Tryon; Mr. MORSE. Let the bill be read..' I think the gentleman will see An act (S. No. 1049) to amend section 2447 of the Revised Statutes clearly that this should go to the Committee on Revision of the Laws. of the United States, in relation to the issue of patents for private land The bill was read at length. claims confirmed by act of Congress ; Mr. KELLEY. I move that it be referred to the Committee on, An act (S. No. 1051) granting an increase of pension to Stephen D. Ways and Means. Smith; Mr. MORSE. Under the rules of the House if it be proper that An act (S. No. 1097) granting a pension to Susan Fox; this should go to the Committee on Ways and Means, I shall offe r no. An act (S. No. 1229) to authorize and direct the Commissioner of objection. Agriculture to attend in person or by deputy, the international sheep The bill was referred to the Committee on Ways and Means, and and wool show to be held in the Centennial buildings, Fairmount ordered to be printed. Park, Philadelphia, September, A. D. 1880, and to make a full and Mr. MORSE also introduced a bill (H. R. No. 4969) to amend the· complete report of the same, and for other purposes; laws relating to the duties on imports; which was read a first and An act (S. No. 1231) granting a pension to Charlotte T. Alderman; second time. and Mr. MORSE. This bill, I should think, ought to go to the Com­ An act (S. No. 1233) granting a pension to Frederick Weller. mittee on the Revision of the Laws; and I ask its refl!rence to that committ.ee. WOODEN STILLS. Mr. KELLEY. I move its reference to the Committee on Ways. Mr. THOMPSON, of Kentucky, introduced a bill (H. R. No. 4960) and Means. to amend section 3244 of the Revised Statutes ; which was read a first Mr.MORSE. If there be objection, I will not insist on my motion ~ and second time, referred to the Committee on Ways and Means, and Let it go to the Committee on Ways and Means. ordered to be printed. The bill was referred to the Committee on Ways and Means, and BEN T. PERKINS, SR. ordered to be printed. Mr. CALDWELL introduced a bill (H. R. No. 4961) for the relief of Mr. MORSE also introduced a bill (H. R. No. 4970) to amend sec­ Ben T. Perkins, sr., of Todd County, Kentucky; which was read a tion 2501 of the Revised Statutes ; which was read a first and second first and second time, referred to the Committee on Military Affairs, time. and ordered to be printed. Mr. MORSE. I hope there will be no objection to the reference of EQUALIZATION OF PENSIO:KS. this bill to t he Committee on the Revision of the Laws. Mr.KELLEY. I moveitsreferencetotheCommittee on Waysand Mr. CALDWELL also introduced a bill (H. R. No. 4962) to equalize Means. all pensions for tota.l disability under section 4695 of the Revised Mr. MORSE. I shall not object to that reference.· Statutes; which was read a first and second time, referred to the Com­ The bill was accordingly referred to the Committee on Ways and mittee on Invalid Pensions, and ordered to ~ printed. Means, and ordered to be printed. · CHROMATE AND BICHROMATE OF POTASH. Mr. CARLISLE (by request) introduced a bill (H. R. No. 4963) to PROCEEDINGS IN ADMIRALTY. amend the existing customs-revenue laws; which was read a first Mr. CRAPO introduced a bill (H. R. No. 4971) to regulate proceed-. and second time, referred to the Committee on Ways and Means, and in.gs in admiralty causes; which was read a first and second time, re­ ordered to be printed. ferred to the Committee on the Judiciary, and ordered to be printed. UNITED STATF.S COURT, FfuU."'KFORT, KENTUCKY. STEAMER T. U. BRADBURY. Mr. WILLIS introduced a bill(H. R.No.4964)appropriating$1,500 Mr. NEWBERRY introduced a bill (H. R. No. 4972) to change the for relabeling and restoring public documents in United States court name of the steam-propeller T. U. Bradbury; which was read a first at Frankfort, Kentucky; which was read a first and second time, re­ and second time, referred to the Committee on Commerce, and ordered ferred to the Committee on Appropriations, and 01·dered to be printed. to be printed. PUBLIC EXPENDITURE FOR GAS. WILLIA.l\f G. GARRISON. Mr. ACKLEN (by request) introduced a bill (H. R. No. 4965) to pro­ l\Ir. BREWER introduced a bill (H. R. No. 4973) granting a. pen­ vide for greater economy in the public expenditure for gas; which sion to William G. Garrison, late of Company K, Fourteenth Michi­ was read a first and second time, referred to the Committee on Public gan Infantry; which was read a first and second time, referred to th& Buildings and Grounds, and ordered to be printed. Committee on Ways and Means, and ordered to be printed. 1880. CONGRESSIONAL RECORD-HOUSE. 1389

CONSTRUCTION OF PUBLIC BUILDINGS. Russell, William A. Talbott, Van Aernam, Wise, Ryan, Thomas Thomas, Voorhis, Wood, Fernando Mr. BREWER also introduced a bill (H. R. No. 4974) for the con­ Ryon, John W. Townsend, .A.mos Wait Wood, Walter A .• .struction of public buildings by contract; which was read a first and Sapp, Tyler, Ward, Wright, second time. Shallenberger, Updegraff,J. T. Waahburn, Yocum, Sherwin, Updegraff, Thomas White Young, Thomas L. Mr. BREWER. Let the bill be read in full. Smith, A. Herr Upson, Willia~s, C. G. The bill was read in full; and was referred to the Committee on Starin, Urner, Willits, Public Buildings and Grounds, and ordered to be printed. Stone, Valentine, Wilson, GEORGE W. TOWLE. NAYS-93. Aiken, Finley, LeFevre, Simonton, Mr. WASHBURN introduced a bill (H. R.No. 4975)for the relief of Anderson, Ford, Lowe, Singleton, O. R. George W. Towle; which was read a :first and second time, referred Atkins, Forney, Manning, Slemons, to the Committee on Military Affairs, and ordered to be printed. Beale, Forsythe, Marsh, Stevenson, :Bla.ckbnrn, Geddes, Martin, Edward L. Thompson, P. B. PRICE OF PUBLIC LANDS. :Blount, Gillette, McMahon, Tillman, Mr. DUNNELL introduced a bill (H. R. No. 4976) to reduce the Bri~ht, Goode, Townshend, R. W • BucKner, Gunter, .:t;1~!:mn, Tucker, price of public lands within railroad limits; which wa.a reau a first Cabell, Hammond, N. J. Morrison, Turner, Oscar .and second time, referred to the Committee on the Public Lands, and Hatch, Myers, Tu,rner, Thomas -Ordered to be printed. g:}~ji;~· Henkle, Nicholls, Vance, Carlisle: Herbert, O'Connor, Waddill, BOOKS FOR MEMBERS AND SENATORS. Clardy, Hern.don, Persons, Warner, Mr. HOOKER introduced a joint resolution (H. R. No. 238) for sup­ Cobb, Hill Philips, Weaver, Coleriok, Hooker, Phister, Wellborn, plying the members of the Senate and House of Representatives with Converse, Hostetler, Poehler, Wells, such books as have heretofore been supplied to former members of the Cook, House, :Reagan, Whiteaker, Senate and House; which was read a first and second time, referred Cravens, Hull Ricliardson, J. S. Whitthorn.e, to the Committee on Printing, and ordered to be ~rinted. Culberson, Hunton, Richmond, Williams, Thomas Davis, Lowndes H. Hurd, Rothwell, Willis FRED HESS. Dibrell, Hutohi.ns, Samford, Yonng, Casey. Dickey, Jolmston, Sawyer, Mr. PHILIPS introduced a bill (H. R. No. 4977) for the relief of Dnnn, Knott, Scales, Fred Hess of Jefferson City, Missouri; which was read a first and Evins, Ladd, Shelley, second time, referred to the Committee on War Claims, and ordered to be printed. NOT VOTING-70. Aldrich, Nelson W. Davidson, Killinger, Pacheco, ME.t:ISA.GE FROM THE PRESIDE:NT. Armfield, Davis, Joseph J. Kimmel, Page, A mes1:iage from the President of the United States was communi­ Atherton, Dauster, King, Prescott, Bailey, Dick, Kit-Obin, Robeson, cated to the House by Mr. PRUDEN, one of his secretaries, who also Barlow, Elam, Lewis, Singleton, J. W. informed the House that the President had approved bills of the fol­ Belford, Ellis, Loring, Smith, Hezekiah B. lowing titles: Berry, Ewing, Lounsbery, Smith, William E. An act (H. R. No. 2804) for the relief of the administrator of John Bland, Frost, Martin, Joseph J. Sparks, :Bouck, Gibson, Mason, Speer, D . .McGill; :Boyd, Hammond, John McCoid, Springer, An act (H. R. No. 3288) for the relief of colored emigrants; and Bragg, Harmer, McKenzie, steele, An act (H. R. No. 4903) to provide for the purchase of a site for a Brigliam, Harris, Benj. W. McKinley, Stephens, post-office and other Government buildings in the city of Baltimore, Butterworth, Harris, Johll T. Money, Taylor, Caswell, Hayes, Muldrow,. Thompson, W. G. Maryland . . Chalmers Hazelton, Muller, Van Voorhis, DUTY ON SALT. Clark, John B. Henry, O'Brien, Wilber. Mr. HATCH introduced a bill (H. R. No. 4978) to provide for the Cox, James, O'Reilly, importation of salt free of duty; which was read a first and second Daggett, Joyce, Osmer, time. So the motion of Mr. KELLEY was agreed to, and the bill was ac­ Mr. HATCH. I move that the bill be referred to the Committee cordingly referred to the Committee on Ways and Means, and ordered on Agriculture. to be printed. Mr. KELLEY. I move to amend the motion so that the bill shall The following pairs were announced: be referred to the Committee on Ways and Means. Mr. ALDRICH, of Rhode Island, with Mr. ARMFIELD, of North Caro­ The question being put on Mr. KELLEY'S amendment, the Speaker lina. stated that the "ayes" appeared to have it. Mr. HAZELTON, of Wisconsin, with Mr. McKENZIE, of Kentucky. Mr. HATCH. I call for the yeas and nays. Mr. KrrcHIN, of North Carolina, with Mr. MARTIN, of North Caro­ The yeas and nays were ordered, 49 members voting therefor. lina. Mr. WHITE. What is the bilU Let it be read. Mr. DAVIS, of California, with Mr. PERRY, of California. The SPEAKER. The bill will be read. MILITIA OF THE UNITED STATES. Mr. CONGER. I call for the regular order. Themorninghourhas Mr. HATCH also introduced a bill (H. R. No. 4979) to organize and expired. ' discipline the militia. of the United States; which was read a first The SPEAKER. This is not the morning hour. This is the call and second time, referred to the Committee on the Militia, and or- of States and Territories under the new rule for bills and resolutions dered to be printed. . for referenc~ JOHN J. KEY AND W. G. M. DA VIS. Mr. CONGER. Does not the call cease at the termination of one hoar! Mr. VALENTINE (by request) introduced a bill (H. R. No. 4980) The SPEAKER. There is no such provision in the new rule. After for the relief of John J. Key and W. G. M. Davis; which was read the States and Territ-0ries are called, there will be to-day a morning a first· and second time, referred to the Committee on the Judiciary, hour for reports of committees. The reading of the bill has been and ordered to be printed. called for. It will be read. NET-FISHING ON ATLANTIC COAST. The bill was read. Mr. ROSS introduced a bill (H. R. No. 4981) to prevent fishing along '!'he question was taken on Mr. KELLEY'S amendment; and there the Atlantic coast with purse or shirr nets, by smack vessels, steam­ were-yeas 129, nays 93, not voting 70; as follows : boats, steam-tugs, or any boat or boats of any descnption; which was read a first and second time, referred to the Committee on Com­ YEAS-129. merce, and ordered to be printed. Acklen, Coffroth, Haskell, Miller, Aldrich, William Conger, Hawk, Mitchell, POSTMASTER AT OCEAN GROVE. 'Bachman, Covert, Hawley, Monroe, Mr. ROSS also introduced a bill (H. R. No. 4982) for the relief of :Baker, Cowgill, Heilman, Morse, Ballou, Crapo, Henderson, Morton, the postmaster at Ocean Grove, New Jersey; which was read a first Barber, Crowley, Hiscock, Murch, and second time, referred to the Committee on Claims, and ordered Bayne, Davis, George R. Horr, Neal, to be printed. Beltzhoover, Davis, Horace, Houk, New, Bicknell, DeLaMatyr, Hubbell, Newberry, REPEAL OF TAX ON BANK CHECKS, MATCHES, ETC. Bingham, Deering, Humphrey, Norcross, Mr. COX introduced a bill (H. R. No. 4983) to repeal the tax on Blalie, Dunnell, Jones, O'Neill :Bliss, Dwight, Jorgensen, Orth, ' bank checks, matches, legacies, and successions, and for other pur­ Bowman, Einstein, Keifer, Overton, poses ; which was read a first and second time, referred to the Com­ Brewer, Errett, Kelley, Phelps, mittee on Ways and Means, and ordered to be printed. :Briggs, Farr, Kenna, Pierce, Browne, Felton, Ketcham, Pound, CARRIAGE OF PASSENGERS AT SEA. Burrows, Ferdon, Klotz, Price, Mr. COX also introduced a bill (H. R. No. 4984) relating to the car­ Camp, Field, Lapham, Reed, riage of passengers by sea; which was read a first and second time, Cannon, Fisher, Lindsey, Rice, Carpenter, Fort, Martin, BeDj. F. Richardson, D.P. referred to the Committee on Commerce, and ordered to be printed. Chittenden, McCook, Robertson, COMMERCIAL RELATIOXS WITH ARGENTINE REPUBLIC. Claflin, ~eld, McG<>wan, Robin.son, Clark, Alvah A. Godshalk, McLane, Ross, Mr. MORTON introduced a bill (H. R. No. 4985) to aid in increas­ Clymer, Hall, Miles, Russell, Daniel L. ing commercial relations with the Argentine Republic; which was 1390 CONGRESSIONAL RECORD-HOUSE. MARCH 1811

read a first and second time, referred to the Committee on Foreign Mr. SCALES. If the Chair thinks the resolution should go to the Affairs, and ordered to be printed. Committee on the Militia, I hope it will be so referred. JAPANESE INDEMNITY FUND. Mr. WHITE. I raise the question that the proper reference is to the Committee en Military Affairs. I move that the resolution be so Mr. MORTON alRo introduced a bill (H. R. No. 4986) relating to the referred. · Japanese indemnity fund; which was read a :first and second time, Mr. SPARKS. Let it go to the Committee on the Militia. referred to the Committee on Foreign Affairs, ·and ordered to be Mr. WHITE. Well, if yon do not care, I do not. . printed. Mr. SPARKS. The Committee on Military Affairs does not want it. CHROMATE OF IRON. The bill was referred to the Committee on the Militia, and ordered Mr. COVERT introduced n. bill (H. R. No. 4987) to admit chrome to be printed. . ore, known in chemistry .as chromate of i rori, free of duty; which was NANCY S. LEDFORD. read·a. :first and second time, referred to the Committee on Ways and Mr. VANCE introduced a bill (H. R. No. 4994) to rest.ore Nancy S­ Means, and ordered to be printed. Ledford to the pension-rolls; which was read a first and second time, EXTORTION AND BLACK-MAILING IN THE DISTRICT OF COLUMBIA. referred to the Committee on Invalid Pensions, and ordered to be Mr. COVERT also introduced a bill (H. R. No. 4988) to provide for printed. the punishment of extortion and black-mailing in the District of MINERVA E •. SWEENY. Columbia; which was read a first and second ti.me, referred to the Mr. McMAHON introduced a bill (H. R. No. 4995) granting a pen-­ Committee on the Judiciary, and ordered to be printed. sion to Minerva E. Sweeny; which was read ;:i. :first and second time, referred to the Committee on Invalid Pensions, and ordered to be SUB-TREASURY BUILDING, NEW YORK. printed. Mr. FERNANDO WOOD introduced a bill (H. R. No. 4989) granting ALLOWANCES OF ARMY OFFICERS. permissiop. for the erection of certain statuary upon tho buttresses in Mr. YOUNG, of Ohio, introduced a bill (H. R. No. 4996) defining the. front of the sub-treasury building in the city of New York; which laws in relation to the allowances of certain officers of the Army for was read a first and second time, referred to the Committee on Public length of service; which was read a :first and second time, referred" Buildings and Grounds, and ordered to be printed. to the Committee on Military Affairs, and ordered to be printed. SECTION 2505 OF REVISED STATUTES. LANDS FOR OFFICERS AND SOLDIERS IN LATE WAR. Mr. FERNANDO WOOD also introduced a bill (H. R. No. 4990) to Mr.WARNER (by request) introduced a bill (H. R. No. 4997) grant. amend section 2505 of the Revised Statutes; which was read a first ing lands to officers and enlisted men who served in the Army or Navy and second time, referred to the Committee on Ways and Means, and during the late war and were honoribly discharged, to be in lien of­ ordered to be printed. all other claims; which was read a first and second time. BRIDGE ACROSS EAST RIVER, NEW YORK. Mr. WARNER. I move the reference of the bill to the Committee Mr. FERNANDO WOOD submitted the following resolution; which on Public Lands, though I am in doubt whether it should go to that was read, and, under the rule, referred to the Committee on Commerce: committee or the Committee on Military Affairs. Resolved, That the Secretary of War be directed to transmit to this House any The SPEAKER. Does it grant public lands f information in his Department in relation to the bridge now bein~ erected over the Mr. WARNER. It relates to public lands. East River at New York, and his opinion as to whether the said oridge is or is not The 8PEAKER. The Chair understands that it proposes to give an obstruction to commerce. public lands to officers and soldiers of the United States who served BENNETT J. DENSON. in the late war. Mr. RICHARDSON, of New York, introduced a bill (H. R. No. 4991) Mr. CONGER. That would be a part of the bounty or payment or grant.fog a pension to Bennett J. Denson, of Millport, Chemung these officers or soldiers, and the bill should be referred to the Com­ County, New York; which was read a :first and second time, referred mittee on Military Affairs. to the Committee on Invalid Pensions, and ordered to be printed. The SPEAKER. The question is for the Honse to decide; but the Chair thinks that all subjects in regard to the public lands belong to> CHARLES A. DANOLDS. the Committee on Public Lands. He has, however, no wish about Mr. RICHARDSON, of New York, also introduced a bill (H. R. No. the matter. The gentleman from Ohio, [Mr. WARNER,] who intro­ 4992) for the relief of Charles A. Danolds; which was read a :first and duced the bill, has suggested the Committee on Public Lands; and second time, referred to the Committee on Commerce, and ordered to the bill will be so referred unless there be objection. be printed. The bill was referred to the Committee on the Public Lands, and COAST DEFENSE ASSOCIATION. ordered to be printed. Mr. FERDON introduced a bill (H. R. No. 4993) to incorporate the MRS. ELIZABETH B. CUSTER. Coast Defense Association; which was read a :first and second time, Mr. CLYMER introduced a bill (H. R. No. 4998) granting a pen­ referred to the Committee on Commerce, and ordered to be printed. sion. to Mrs. Elizaheth B. Custer, widow of General George A. Custer;: LOAN OF TENTS FOR NORTH CAROLINA MILITIA. which was read a first and second time, referred to the Committee Mr. SCALES introduced a joint resolution (H. R. No. 234) auth01iz­ on Invalid Pensions, and ordered to be printed. ing the Secretary of War to loan to the governor of North Carolina ELIZABETH EDWARDS. • one hundred and forty-five tents for use of the State Guards, to enable Mr. KLOTZ introduced a bill (H. R. No. 4999) granting a pension them to participate in the centennial celebration at King's Mountain to Elizabeth Edwards,. sister of John J. Lewis, deceased, of Summit in October next; which was read a first and second time. Hill, Carbon County, Pennsylvania; which was read a fkst and sec­ Mr. SCALES. I move the reference of this joint resolution to the ond time, referred to the Committee on Invalid Pensions, and ordered Committee on the Militia. to be printed. • Mr. WIDTE . . It should go to the Committee on Military Affairs. JOHN HAGMULLER. The SPEAKER. Does the gentleman from Pennsylvania raise that question Y Mr. KLOTZ also introduced a bill (H. R. No. 5000) granting a pen~ Mr. WHITE. Yes, sir; the resolution relates to the military estab­ sion. to Jobn Hagmuller, of La Plume, Lackawanna County, Penn­ lishment. sylvania.; which was read a :first and second time, referred to the •Mr. SCALES. I do not know that I have any preference as to Committee on Invalid Pensions, and ordered to be printed. where the resolution should go; but it is for the benefit of the militia. SOPHIA BUCKLEY. of North Carolina. Mr. BAQHMAN introduced a bill (H. R. No. 5001) granting a pen­ Mr. WHITE. The subject relates to the military establishment. sion to Sophia Buckley, mother of John H. Buckley, late a private of The SPEAKER. The joint resolution will be read. Company D, One hundred and twenty-ninth Regiment Pennsylvania. The joint resolution was read. Volunteers; which wa-s read a first and second time, refeued to the Mr. SCALES. I am entirely willing to be governed as to the ref­ Committee on Invalid Pensions, and ordered to be printed. ' erence of the resolution by the decision of the Chair. GABRIEL YOUNG. The SPEAKER. The Chair has not made any decision. Mr. BACHMAN also introduced a bill (H. R. No. 5002) granting a.. Mr. SCALES. I know that; but I am satisfied to submit to his pension to Gabriel Young, late a private of Company C, Forty-sixth decision, whatever it may be. I will only state again that the reso­ Regiment of Pennsylvania Volunteers; which was read a :first and lution if!. entirely for the benefit of the North Carolina militia. second time, referred to the Committee on Invalid Pensions, and or- Mr. WHITE. It properly belongs to the Committee on Military dered to be printed. · Affairs. It relates to ·some of the equipments of the United States Army. MRS. CLARA E. HARTIGAN. The SPEAKER. The Chair thinks that if the resolution relates Mr. WRIGHT (by request) introduced a bill (H. R. No. 5003) for­ to the militia of the United States it should go to the Committee on the relief of Mrs. Clara E. Hartigan, of Washington, District of Co­ Militia; otherwise the Chair cannot imagino why there should be a lumbia; which was read a first an.cl second time, referred to the Committee on the Militia. Committee on the District of Columbia, and ordered to be ~rinted. Mr. SCALES. It relates to the militia of North Carolina, and DANIEL F. BURKUT. nothing else. Mr. RYON, of Pennsylvania, introduced a. bill (H. R. No. 5004) to .The SPEAKER. But the Chair does not inrerp<>&e his own view authorize the Secretary of the Treasury to audit and pay the claim of as against the wish of the House. Daniel F. Burkut for clothing lost in the military service of the United, 1880. CONGRESSIONAL RECORD-HOUSE. 1391

States; which was read a first and second time, referred to the Com- as a. pensioner; which was read a first and .se1ond time, referred to mittee on War Claims, and ordered to be printed. . the Committee on Invalid Pensions, and ordered to be printed. SCHUYLKILL COUNTY, PENNSYLVANIA. TARIFF. :Mr. RYON, of Pennsylvania, also introduced a bill (H. R. No. 5005) Mr. WHITTHORNE also introduced a bill (H. R. No. 5019) to'amend to authorize the proper accounting officers of the Treasury to audit section 2504 of the Revised Statutes; which was read a first and and pay the claim of the county of Schuylkill, iJl the State of Penn­ second time. sylvania, for money advanced under allotments made by soldiers from Mr. WIDTTHORNE. I move its reference to the Committee on said county during the late rebellion, by virtue of section 12 of the the Judiciary. act of Congress entitled "An act to authorize the employment of vol­ Mr. CONGER. Let the bill be read. unteers to aid in enforcing the laws and protecting public property," The bill was read. . approved July 22, 1861; which was read a first and second time, re­ Mr. CONGER. I move the reference of the bill to the Committee. ferred to the Committee on War Claims, and ordered to be printed. on Ways and Means. Mr. CONGER'S motion was agreed to; and the bill was referred t<> DAVID CARPENTER. the Committee on Ways and Means, and ordered to be printed. :Mr. COFFROTH introduced a bill (H. R. No. 5006) granting a pen­ DR. A.H. BROWN. sion to David Carpenter; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be Mr. WHITTHORNE also introduced a bill (H. R. No. 5620) for th& printed. relief of Dr. A. H. Brown, of Maury County, Tennessee, for services MARGARET J. M'KINNEY. rendered as surgeon ; which was read a :first and second time, referred to the Committee on War Claims, and ordered to be printed. · Mr. COFFROTH also introduced a bill (H. R. No. 5007) granting a pension to Margaret J. McKinney; which was read a first and second LUTHER M. BLACKMAN. · time, referred to the Committee on Invalid Pensions, and ordered to Mr. HOUK introduced a bill (H. R. No. 5021 )for the relief of Luther­ be printed. M. Blackman; which was read a first and second time, referred to the JOHN HENRY. Committee on Military Affairs, and ordered to be printed. :Mr. WHITE introduced a bill (H. R. No. 5008) to replace the name ATTACHMENT OF PROPERTY, ETC. of John Henry on the pension-rolls; which was read a first and sec­ Mr. CULBERSON introduced a bill (H. R. No. 5022) to amend sec. ond time, referred to the Committee on Invalid Pensions, and ordered tion 915 of the Revised Statutes; which was read a first and second to be printed. time, referred to the Committee on the Judiciary, and ordered to be JOHN H. WORK. printed. Mr. WHITE also introduced a bill (H. R. No. 5009) granting a pen­ CENTRAL RAILWAY. sion to John H. Work, late a member of Company A, Sixty-first Reg­ Mr. MILLS (by request) introduced a bill (H. R. No. 5023) to con­ iment Pennsylvania Volunteere; which was read a first and second stitute the Texas Central Railway a military, commercial, and postal time, referred to the Committee on Invalid Pensions, and ordered to highway, and to aid in its extension from the meridian of one hundred be printed. degrees of west longitude to the western boundary of Texas; which GEORGE W. BRINK. was read a first and second time, referred to the Committee on Rail­ Mr. WHITE also introduced a bill (H. R. No. 5010) granting a pen­ ways and Canals, and ordered to be printed. sion to George W. Brink, of Decker's Point, Indiana County, Pennsyl­ JOHN AVERILL. vania; which was read a first and second time, referred to the Com­ mittee on Invalid Pensions, and ordered to be printed. Mr. JOYCE introduced a bill (H. R. No. 5024) granting a pension to John Averill, a soldier of the war of 1812; which was read a first and B, H. SCOTT. second time, referred to the Committee on Revolutionary Pensi~ns, and Mr. WHITE also introduced a bill (H. R. No. 5011) for the relief of ordered to be printed. B. H. Scott; which was read a first and second time, referred to the REPEAL OF SECTION 641 OP 'REVISED STATUTEI. Committee on Military Affairs, and ordered to be printed. Mr. TUCKER introduced a bill (H. R. No. 50-25) to repeal section J.iln:S H. CONLEY. 641 of the Revised Statutes of the United States; which was read a Mr. WIDTE (by request) also introduced a bill (H. R. No. 5012) for first and second time, referred to the Committee on the Judiciary, and the relief of James H. Conley, of Pennsylvania; which was read a ordered to be printed. first and second time, referred to the Committee on Military Affairs, CIVIL RIGHTS OF CITIZENS. and ordered to be printed. Mr. TUCKER also introduced a bill (H. R. No. 5026) to repeal the PROMOTIONS ON THE ARMY RETIRED LIST. fourth section of the act entitled "An act to protect all citizens in their Mr. OVERTON introduced a bill (H. R. No. 5013) to provide for civil and legal rights," approved March 1, 1875; which was read a promotions on the retired list of the Army; which was read a :first and :first and second time, referred to the Committee on the Judiciary, and second time, referred to the Committee on Milita.ry Affairs, and ordered ordered to be printed. to bA printed. BOUNTY LANDS. AMENDMENT OF PENSION LAWS. Mr. HUNTON introduced a bill (H. R. No. 5027) to repeal section Mr. BINGHAM introduced a bill (H. R. No. 5014) to amend the 3480 of the Revised Statutes so far as bounty lands a.re concerned; pension laws; which was read a first and second time, referred to which was read a.first and second time, referred to the Committee on the Committee on Invalid Pensions, and ordered to be printed. Invalid Pensions, and ordered to be printed. EMMA A. · RAMSEY. DR. A. S. TEBBS. 0 Mr. HUNTON also introduced a bill (H. R. No. 5028) for the relief Mr. WARD introduced a bill (H. R. No. 5015) granting a pension of Dr. A. S. Tebbs from the operation of section 1218 of the Revised to Emma A. Ramsey and infant son, widow and heir of J. Allen Statutes; which was read a :first and second time, referred to the Ramsey, su~geon of the One hand.red and twenty-first Regiment of Committee on Military Affairs, and ordered. to be printed. Pennsylvania Volunteers; which was read a first and second time, referrei to the Committee on Invalid Pensions, and ordered to be REGISTER TO FOREIGN-BUILT SHIP. printed. Mr. KENNA (by request) introduced a bill (H. R. No. 5029) to grant PROTECTION OF ORIGINAL INVENTORS. an American register to a foreign-built ship for purposes of scientific exploration; which was read a first and sec9nd time, referred to the Mr. WARD (by request) also introduced a bill (H. R. No. 5016) to Committee on Commerce, and ordered to be printed. protect original inventors and promote the progress of the useful arts; which was read a first and second time, referred to the Com­ UNITED STATES ARMORY, HARPER'S FERRY, WEST VIRGINIA. mitte~ on Patents, and ordered to be printed. Mr. MARTIN, of West Virginia., introduced a bill (H. R. No. 5030) JE'ITIES, CHARLESTON BAR. appropriating $15,000, or so much thereof as inay be necessary, oat of the moneys collected from the abated prices paid and sales of the Mr. O'CONNOR introduced a bill (H. R. No. 5017) making an ap­ United States armory at Harper's Ferry, West Virginia, to pay for propriation for the continuation of the work on the jetties now in necessary surveying, repairs, costs of sale of said property, &c.; course of construction for the deepening of Charleston Bar, and for which was read a first and second time, referred to the Committee the improvement of the harbor of Charleston, South Carolina; which on the Judiciary, and ordered to be printed. was read a first and second time, referred to the Committee on Com­ merce, and ordered to be printed. HARBOR A.T KEWA~E, LAKE MICHIGAN. Mr. BOUCK presented the memorial of the Legislature of the State SCHOOL-FARM LAND, SOUTH CAROLINA. of Wisconsin, for the construction of a harbor at Kewaunee, on Lake Mr. O'CONNOR also introduced a joint resolution (H. R. No. 235) Michigan, Wisconsin; which was referred to the Committee on Com­ to provide for the redemption and sale of school-farm lands in South merce., and ordered to be printed. Carolina; which was read a first and second time, referred to the Committee on Public Lands, and ordered to be printed. REGULATION OF FREIGHTS. Mr. BOUCK also presented a joint resolution of the J.,egislature of WILLIAM H. BROWN. Wisconsin, for the passage of a law regulating freights and to estab­ Mr. WHITTHORNE introduced a bill (H. R. No. 5018) for the relief lish maximum rates ; which was read a first and second time, referred of William H. Brown, of Wayne County, Tennessee, to be enrolled to the Committee on Commerce, and ordered to be printed. 1392 CONGRESSIONAL RECORD-HOUSE. MARCH 8,

JURORS AND WITNESSES IN TERRITORIES. The SPEAKER. If the Honse gives its consent to the resolution Mr. HUMPHREY introduced a bill (H. R. No. 5031) to amend the being called up at any time the gentleman from ;Louisiana can move law relative to jurors and witnesses in Territories; which wa.s read that it be printed, and allow it to go over. a. first and second time, referred to the Committee on the Territories, Mr. REAGAN. I will say to the gentleman from Louisiana that I and ordered to be printed. think that is the course he ought to take. INTERSTATE COMMERCE. Mr. KING. Very well. Mr. HUMPHREY also presented a joint resolution of the Legisla.­ The SPEAKER. The gentleman from Louisiana asks that the res­ tnre of the State of Wisconsin, providing that interstate commerce olution be printed, and also that it be printed in the RECORD, reserv­ be placed under control of a board of commissioners; which was read ing the privilege of calling it up at any time for action. Is there a first and second time, referred to the Committee on Commerce, and objection f ordered to be printed. There was no objection, and it wa.s so ordered. , RECORD OF DECISIONS IN PATENT CASES. JOHN R. PERRINE. Mr. WILLIAMS, of Wisconsin, in behalf of his colleague, Mr. CAS­ M~. HAWK introduc~d a bill ~H. R. No. 5036) granting arrears of WELL, absent by leave of the House, introduced a bill (H. R. No. 5032) pension to John R. Perrme; which was read a first and second time, to enable the Commissioner of Patents to keep a record of decisions referred'. to the Committee on Invalid Pensions, and ordered to be -0f the TTnited States courts affecting the validity of patents; which printed. was read a first and second time, referred to the Committee on Patents, JUSTUS C. BOWLES. and ordered to be printed. . Mr. HAWK also introduced a bill (H. R. No. 5037) gra!\ting a pen­ ISAAC POLHAltros, JR., AND OTHERS. sion to Justus C. Bowles; which was read a first and second time, Mr. CAMPBELL introduced a bill (H. R. No. 5033) for the relief of referred to the Committee on Invalid Pensions, and ordered to be Isaac Polhamus, jr., and others, of Arizona Territory; which was printed. read -a first and second time, referred to the Committee on Military GEORGE WILLIAMS. Affairs, and ordered i o be printed. The SPEAKER. The Chair now recognizes the gentleman from TOWN SITES ON THE PUBLIC LANDS. Tennessee [Mr. DIBRELL] to ask that the reference of certain papers made by mistake be corrected, and that the papers be sent to the Mr. BENNETT introduced a bill (II. R. No. 5034) providing for the Committee on Military Affairs. reservation and sale of town sites on the public lands; which was Mr. DIBRELL. On the 20th February the Speaker laid before l'ead a first and second time, referred to the Committee on the Public the House a letter from the Secretary of War, in reply to resolutions Lands, and ordered to be printed. of the House of January 14 and 20, 1880, transmitting papers in the RIGHT OF WAY TO THE BEAR BUTTE RAILWAY COMPANY. case of George Williams. These were referred by mistake to the Mr. BENNETT also introduced a bill (H. R. No. 5035) grantingthe Committee on Claims. I ask that that committee be discharged from !right of way to the Bear Butte and Deadwood Railway Company the further consideration of the same, and that they be referred to through Fort Mearle military reservation; which was read a first the Committee on Military Affairs, and be printed. and second time, re:cerred to the Committee on Military Affairs, and Mr. CONGER. I ru:ik that all the papers may be printed, and then -0rdered to be printed. the House can dispose of the question of reference. MONROE DOCTRINE. Mr. DIBRELL. My request is that they be referred to the Com­ Mr. KING. I rise to a privileged question. mittee on Military Affairs, and that an order be made to print them. The SPEAKER. The gentleman will state it. Mr. CONGER. I have no objection to the printing. I ask that all Mr. KING. The Committee on the Interoceanic Ship-Canal, which the papers, and not merely a part of them, be printed. has the right to report at any time, have instructed me unanimously The SPEAKER. The Chair understands that the gentleman from to report the following joint resolution (H. R. No. 2:36) reaffirming Michigan [Mr. CONGER] does not object to these papers being taken the Monroetioctrine, and request that it may be read for the informa­ from the Committee on Clalms and referred to the Committee on Mil­ tion of the House. itary Affairs provided an order be at the same time made that all the The SPEAKER. The committee to which the gentleman refers has papers shall be printed, and not merely a part of them. the right under the resolution creating the same to report at any time. Mr. DIBRELL. I agree to that. The Clerk will read the resolution. The SPEAKER. Upon that understanding, which the gentleman from Tennessee [Mr. DIBRELL] will see executed, there is no further The Clerk read as follows : objection. Be it resolved by the Senate and House of Representatives of the United States of America in Oongress a-ssembled, That the establishment of any form of prote-Otorate Mr. CONGER. I desire to say one word further. That order to by any one of the powers of Europe over any of the independent states of this con­ print includes all papers called for from the Department and fur­ tinent, or t he introduction from any qnarter of a scheme or 'policy which would nished by the Department. carry with it a right to any European power to interfere with their concerns, or to Mr. DIBRELL. Yes; letters and all. control in any other manner their destiny, or the transfer to any such power, by conquest, cession, or acquisition in any other way of any of those states, or any There being no further objection, the papers were transferred from portion thereof, is a measure to which this Government has, in the declaration of the Committee on Claims to the Committee on Military Affairs, and President Monroe in his message of December 2, 1823, and known as the Monroe ordered to be printed. doctrine, avowed its opposition, and which, should tho attempt be made, it will regard and treat as dangerous t;o our peace, prosperity, and safety. CONTESTED ELECTION OF BRADLEY VS. SLEMO:NS. 2. Resolved, That it is the interest and right of the United States to have the possession, direction, control, and government of any canal, railroad, or other arti­ Mr. SAWYER. I rise to a privileged question. I am instructed by ficial communication to be constructed across the isthmus connecting the Ameri­ a majority of the Committee on Elections to present a report in the can continents for the transfer of vessels and cargoes from the Cariobean Sea to contested-election case of John M. Bradley vs. William F. Slemona the Pacific Ocean, whether the same be bwlt or constructed at Panama, Nicaragua, from the second congressional district of Arkansru:i, accompanied by or elsewhere; and in view of the magnitude of this interest it is the duty of the United States to insist that if built, and by whomsoever the same may'be com­ a resolution which has the concurrence of every member of the com­ menced, prosecuted, or completed, and whatever the nationality of its corporators mittee except one. I move that the report be laid upon the table and or the source of their capital, that the interest of the United States and their right printed. to possess and control the said canal or other artificial communication will be as­ The SPEAKER. The gentleman from Missouri makes a privileged serted and maintained whenever in their opinion it shall become necessary. 3 . .And be it further 1'880lved, That the President be requested to take steps nec­ report from the Committee on Elections in relation to the contested­ essary and proper for the abro11:ation of any existing treaties whose terms are in election case from the second congressional district of Arkansas. conflict with this declaration of principles. The Clerk will read the resolution. Mr. KING. I am directed by the Committee on the Interoceauic The Clerk read the resolution, as follows : Canal unanimously to report that resolution and to move its adop­ Resolved, That William F. Slemons is entitled to retain the sea.the now occu­ tion. I move the previous question. pies as Representative from the second congressional district in the State of Ar- Mr. REAGAN. That is a very important measure, and ought not kansas in the Forty-sixth Congress. • to be passed thus hastily. Mr. WEAVER. I ask leave to present the views of the minority Mr. GARFIELD. I would suggest to the gentleman from Louisi­ of the Committee on Elections in this case, and I ask that the eso­ ana [Mr. KING] to a.How the resolution to be printed, so that mem­ lution accompanying them be read :i,nd that they be printed with the bers of the House may see it before being required to vote on the report of the majority of the committee. resolution. It would be far better, in case it approves itself to the The Clerk read .the resolution, as follows: minc1 of the House, to have a unanimous vote in its favor than to Resolved, That the seat now occupied by William F. Slemons as a member of push it to a vote now when it has never been seen in print. If it is Congress from the second congressional diStrict of the State of Arkansas in the urged at this time many gentlemen doubtless would be exceedingly Forty-sixth Congress be, and the same hereby is, declared vacant. sorry to have to vote against a measure which they might support if The report of the majority of the Committee on Elections, together they had an opportunity of seeing it in print and knowing what it is. with the views of the minority, was ordered to be printed. 1 suggest that the committee have the right to call it up at any time, Mr. SAWYER. I give notice that at an early day I will call up and nothing will be lost by its going over now. this case for consideration. Mr. TOWNSHEND, of Illinois. I will state to the gentleman from Mr. WEAVER. I desire to make a. parliamentary inquiry. Ohio that the resolution has been printed in the morning papers. The SPEAKER. The gentleman will state it. - Mr. GARFIELD. The resolutionhasnoo:fficialprint. It has never Mr. WEAVER. It is the desire of the contestant that he be allowed been printed by this House. I have never seenitinprint anywhere. the floor for one hour to present his side of the case. In view of that Mr. WEAVER. Neither have I. request, to which I believe the Committee on Elections will urge no 1880. CONGRESSIONAL RECORD-HOUSE. 1393 objections, I will state to the House that no further ti.me will be occu­ The foregoing shows the actual record in the War Department and the rules and regulations governing in such ca.sea. Do these records show all the fa.eta touching pied on behalf of the contestant. the actual condition .and actions of William McGovern from Se9i:;r::,ber 9, 1861, The SPEAKER. It is usual to present such a request when the when removed from hospital, to tbe expiration of his term 9 w· · McGovern case comes up; such a privilege has generally been allowed a con­ under oath states tha.t he "received a wound in his left side near the spine from a fragment of shell at the battle of Big Bethel, in Virginia, June 10, 1861, and was testant when the request is made. treated in the field hospital in the Sinclair House, near Fortress Monroe, till July Mr. WEAVER. Very well; with that understanding I have noth­ 3, 1861, when he was sent to Newport News, and thence to New York, July 12, ing further to offer. 1861, b:y: proper military autb~rity, and that he wa.e under ~atment in t~e Ne~ York City hospital for some time, when he was removed to his own home lD said POLICE FORCE. OF THE DISTRICT OF COLUMBIA, ETC. city of New York, under proper military authority; and that as soon as he was Mr. HUNTON. I ask consent to present at this time for reference able t-0 move a.bout he went to the headquarters of Sur_geon Alexander B. Mott, in to the Committee on the District of Columbia. a petition signed by said city, and reported, and was !3xamined; and said surgeon ma.deont a certificate in bis presence, and assured him that he would forward the same to the proper some twenty-five thousand citizens of the District of Columbia, ask­ parties - and that he did all he could to conform to the regulations ; and that he ing that the police force of the District be increased to three hun to the month of May, 1863, he ness pursuit, every profession and trade, and every class of mtizens without re- several times examined Sergeant William McGovern, late of Company C, First gard to ra-001 religious belief, or political affiliation. . . New York Volunteers, and found him suffering from gunshot wounds, one in left The citizens' committee would respectfully rel>resent that our best citizens are thigh and two in right leg, one above the knee and one below ; ~. a severe c_on­ decidedlr. in favor of a larger increase of the police force than has been suggested tusion in right lumbar i:~~ion caused by a. fragment of shell ; said wounds havmg in any bill heretofore presented to Congress, and trust that it may please tlie leg­ been received at the bawe of Big Bethe}, Virginia, June 10, 1861, and that in his islative department of our National Government to give additional security to life, opinion Sergeant McGovern waa utterly unable to do military duty or to report in property and virtue in our capital city by suitable and speedy legislation. person to his 1·egiment, and that Sergeant McGovern is permanently disabled by Respootfully Submitted. AT "ITV"):) reason of said wounds." SAML.H.W~ Farrel McGovern, a resident of New York, underda.te of March 9, 1878, testifies Ohairman (Jj,(,izens' Oommittee. that he was in the same reginlent with said William; saw him wounded at Big The petition was 1·eferred to the Committee on the District of Co­ Bethel; was discharged by reason of natural disability, and went home with the lumbia.. said William McGovern on the steamer Stars and Stripes; saw him in the field 1 hospital, and aubsequently in the New York hospital, and also at his own residence WILLIA.l\1 M GOVERN. in said city; and that the said William went from the hospital to his own home by Mr. COX. ·I ask unanimous consent to take from the Speaker's ta­ permission of his military supe1iors, and that said William has ever since remained unable to travel by reason of said wounds. ble for consideration at this time a private bill, which has just come Martin Riley, a resident of New York, under date of May 4, 1878, testifies that over from the Senate, for the relief of William McGovern. During he was in the same company of said reginlent (Company C) with William McGov­ the last session of Congress the papers in this case were lost. They ern · saw him wounded ;i>t Big Bethel; saw him in the field hospital at Fortress have now been found and the bill baa passed the Senate and come Mo~. and subsequently in a New York ho~ital, in a di~abled condition, the effects of said wounds; and that afterward, lD company with Colonel Garrett over to the Honse, and I aak that it may now be taken up and con­ Dyckman, of the same regiment, saw said McGovern lymg sick at his own resi­ sidered at this time. dence in New York, still silffering from the effects of said wound, about October There was no objection, and the bill (S. No. 474) for the relief of 20, 1861, and heard Colonel Dyckina.n tell said McGovern he was totally unfit for further service, and was entitled to his discharge and pension certificate, and that William McGovern was taken from the Speaker's table and read a first he would send them to him; and that he a.gain saw said McGovern when the First and second time. Regiment was mustered out of the service, and he was then suffering from the The bill directs the Secretary of War to cause to be issued to Will­ effects of said wound, and unable to walk without aid of a. crutch. iam McGovern, late of Company C of the late First Regiment of the James Sheehan and Thomas McCauley, of New York, under date April24, 1878t tes?fy that to their personal knowledge William McGovern was so badly woundea New .York Volunteers, an honorable discharge from the service, to and disabled when he came home, in July, 1861, that be was totally disabled and date from September 9, 1861. got permission to leave the hospital, and was attended at his home for several years The question was upon ordering the bill to be read a third time. thereafter; and that from September, 1861, to the date of the discharge of his regi­ Mr. COX. I have here the report made by Senator COCKRELL from ment, in May, 1863, he was never able t-0 go out of the house without assistance~ and only then with a cane and crutch, and having the help of another party, anu the Senate Committee on Military Affairs. I will not ask to have it that they frequently called upon him during the years 1861, 186'~, and 1863. read, but I will ask that it may be printed in the RECORD. The Adjut.a.nt-General United States .Arn:iy, under date of January 6, 1880, in an­ There was no objection. swer to a letter from Mr. COCKRELL to him, in relation to the removal of the charge The report is as follows : of desertion, says : "The War Department has ample power now 'to do equal and exact justice to The Committee on Military Affairs, to whom was referred the bill (S. No. 474) for every applicant for such relief.' There are a few cases of one class in which the the relief of William McGovern, have carefully considered the same, and submit action of Congress would be beneficent and not inj11rions to military discipline as the follOwin~ report : · an example or precedent. When a soldier, having become disabled by wounds from This bill directs the Secretary of War to cause William McGovern, of Company any future service, leaves a hospital without permission, and is reported a. deserter, C of the First Re~ent New York Volunteers, to be mustered out and honorably the charge is technically true; but the rule which would oblige the man to stay in discharged from the service, to date from September 9, 1861. In the Forty-fifth hospital until £rood by regular discharge is made in the interest of humanity and Congress a similar bill, da.tin~, however, the discharge from April 1, 1864, was passed to enable the Government to fulfill its contract to nurse and heal its sick and by the House of Representatives, and was referred to the Committee on Milit;ary wounded. That the man has become weary of restraint and longs for his home is Affairs in the Senate, where no further action was t.aken. The Committee on Mill· no great offense under such circumstances. It is thought, however, that such rare tary Affairs in the Senate in the Forty-filth Congress applied to the Secretary of instances would be better met by special acts for the benefit of individuals, since War for information, and received from him the niilitary record of sa.id McGovern, a general law could not be framed that would discriminate between cases of actnal. taken from the records in his office. From the records in the War Department it merit a.nd of malingering. It would be difficult to frame a law that would not appears "that William McGovern was enrolled and mustered into service as a. ser­ 'Place many men actually at fault upon the same footing with those whose unblem­ geant on the 3d day of May, 1861, a.t New York, in Company G, First Reginlent of ished service it was intended to reward by bounties or pensions.'' New York Voluntool'!<, for two years. On muster-roll of Company C of that regi­ The evidence in this case does not contradict the record, but explains tbe same ment, to which transferred, months of -- to June 30, 1861, he is reported pres­ and accounts for the absence of McGovern, and shows the cause thereof, which tbe ent; July and August, 1861, absent, sick in New York; September and October, record does not. Is McGovern guilty of desertion according to bis record and the 1861, absent, sick in New York; wounded at Bil? Bethel June 10, 1861. He was ad­ evidence~ Did he leave his command or the hospital with the intent-the animus­ mitted to New York hospital, , A:(lgnst 28, 1861, with lumbago, and not to return 1 The evidence clearly shows that he left his command by reason of dischar~ed from treatment September 9, 1861. He having failed to return to the severe wounds and with leave and went to the New York hospital. His mnster­ service is considered a deserter from that date. Dishonorably discharged to date rolls, his record up to and including the month of October, 1861, show the same September 9, 1861, by reason of desertion." facts. The evidence further shows that being wholly unfit for duty by reaaon of This dishonorable discharge was furnished in 1876. his injuries be left the hospital with permission and went to his own home in the same The Adjut.a.nt-General, under date of February 11, 1879, in answer to an inquiry city, and there remained, wholly unfit for duty, until his reginlent was discharged. for tbe rules and regulations existing at tbat time touching his duties about report- Your committee find that this case is an exceptional one, and comes clearly ing, &c., when in hospital and leaving it, says: . within the class of cases referred to in the foregoing q,nota.tion from the letter ef ·'I beg leave to remark that no special rules or regulations exist as to the duties the Adjutant-General, and should be met by special legislation. of a soldier while in hospital, inasmuch as his status at 1mch time has no variance Your committee, therefore, recommend the insertion of the words ''to be issued from that of a soldier serving with his command in the field. His duties in either to'' jlll!t before "William McGovern," and the word "late" just after, in line 4, case are prescribed by the rules and regulations of war, which forbid him to leave and the striking ont of the words "to be mustered out" and the letter "d," in line his command without proper authority, upon the penalty of being considered a 5 and the letters "y 11 and "d 11 in line 6, and the substitution of the letter " e 11 deserter and treated accordingly. This man was discharged from the hospital at said "y, 11 and, as thus recommend the passage of the bill. New York City on the 9th of September, 1861, his ducy being to rejoin his com­ f~r am.e~ded, mand without delay, applying to the military authorities for transportation in the The bill was ordered to a third reading, read the third time, and event of being unable to travel at his own expense, or if his illness still continued, passed. to have entered some United States hospit:fl. within the limits-of the city of New York or elsewherel or to have reported his case to his company-Or any other mili­ Mr. COX moved to reconsider the vote by which the bill was paBSed; tary authority, ana. have awaited instructions. Failing in any manner to perform and also moved that the motion to reconsider be laid upon the table •. sucn duty or duties, there remains no alternative but to consider him a deserter." The latter motion was a.greed to. X-88 l394 CONGRESSIONAL RECORD-HOUSE. MARCH 8,

INTEROCEANIC CANAL. ILLINOIS AND l\IIc,HIGAN CANAL. Th~ SPEAKER la.id befor~ the Hou~ the following message froi:p Mr. DAVIS, of Illinois, submitted the following resolution; which the President of the United Sta.tes: was referred to the Committee on Commerce: To the House of &pesentati.ves: With a view to the improvement of the water communication between the Mis­ I transmit herewith the report of the Secretary of State, and the accompanying sissippi River and Lake Michigan by the Illinois River, Illinois and Michigan papers, in response to the resolution ado:-(ltOO. by the Honse of Representatives on the Canal, and Chicago River, 10th of February last, requesting " copies of all correspondence in relation to the · !Jeit resolv_ed.by the House of llepresentatives, (the Senat,e concurring,) That a com­ interoceanic canal which may have passed between this Government and foreign nuttee, consIBting of two Senators and three members of the Honse1 be a~pointed governments~ also between this Government and its own i:_epresentatives in other an~ori~ed, and empQwered to as~ertain upon what terms the State of Illiriois will countries, ana between this Government and individuals iriterested in, or propos­ relinqwsh and transfer to the Umted States all and singnla.r its property and rights ing to be interested in, negotiations for the construction of such a canal ; and that of .Property in and to the line of water communication known as the Illinois and he communicate to this House what, if any, treaty obligations with other govern­ Mi_chi~3.J!- Can~ b~tween Chicago, Illinois, and the Illinois River, at La. Salle, ments rest upon this Government.., Illinois, mclnding its locks and dams, canal franchises, and rights of way or so In further compliance with the resolution of the Honse, I deem it proper to state much of the same as shall in the judgment of the said committee be needed f~r such briefly my opinion as to the policy of the United States with respect to the con­ f~ose, and report its findings to tliis Honse on or before the lat day of February, struction of an interoceanic canal by any route across the American Isthmus. The policy of this country is a canal under American control The United LANDS IN SEVERALTY FOR INDIANS. States cannot consent to the surrender of this control to any European power or to any combination of European powers. If existing treaties between the United Mr. SCALES, by unanimous consent, reported, as a. substitute for States and other nations, or if the rights of sovereignty or property of other na­ House bill No. 354, a bill (H. R. No. 5038) to authorize the Secretary tions stand in the way of this policy-a contingency which is not apprehended­ of the Interior to allot lands in severalty to Indians; which was suitable steps should be taken by just and liberal negotiations to promote and es­ read a first and second time, ordered to be printed, and recommitted. tablish the American policy on this subject, consistently with the rights of the nations to be affected by it. WITIIDRAWAL OF PAPERS. The capital invested by corporations or citizens of other countries in such an en­ terprise must in a great degree look for protection to one or more of the great Mr. PRICE. I ask leave to withdraw from the files of the House powers of the world. No European power can intervene for such protection with­ papers in the case of Alexander C. Crawford, of Texas, whose claim out adopting measures on this continent which the United States would deem is now pending. wholly madmissibl~. If the protection of the United States is relied upon. the The SPEAKER. If there be no objection, this request will be United States must exercise snc"ti control as will enable this country to protect its national interests and maintain the rights of those whose private capital is em- granted, in.accordance with the new rule on the subject, upon leaving barked in the work. . certified copies w~th the clerk .An interoceanic canal across the American isthmus will essentially change the There was, no objection . geographical relations between the Atlantic and Pacific coa.sts of the United States, and between the United States and the rest o~ the world. Iti will be the great LEAVE OF ABSENCE. ocean thoroughfare between our Atlantic and our Pacific shores, and virtually a By unanimous consent, leave of absence was granted to :Mr. part of the coast line of the United States. Our merely commercial interest in it KITCHIN, for one day. . 18 greater than that of all other countries, while its relations to our power and prosperity as a nation, to our means of defense, our l!Dity.i. peace, and safety, are FREDERICK FREDLEY. matters of paramount concern to the people of the Umted ;::;tates. No other great power would, under similar circumstances, fail to assert a rightful control over a Mr. PACHECO, by unanimous consent, introduced a bill (H. R. work so' closely and vi~y affecting its interest and welfare. ~o. 5039) f?r the relief of Frederick Fredley, of Yuma, Arizona Ter­ Without urging further the grounds of my opinion, I repeat, in conclusion, that ritory; which was read a first and second time, referred to the Com­ it is the right; and the duty of the United States to assert and maintain such super­ vision and authority over any interoceanic canal across the Isthmus that connects mittee on Indian Affairs, and ordered to be printed. North and South America, as will J?rotect our national interests. This I am quite FORT RIPLEY MILITARY RESERVATION, MINNESOTA. sure will be found not only compatible with, but promotive of the widest and most permanent advant.age to commerce and civilization. Mr. WASHBURN. I ask unanimous consent to have taken from RUTHERFORD B. HAYES. the Speaker's table, for concurrence in the amendments of the Senate EXECUTIVE MANSION, March 8, 1880. the bill (H. R. No. 1153) to restore to the public domain a part of th~ NoTE.-The documents referred to in this messalle accompany a message of the military reservation known as the Fort Ripley reservation, in the President on the same subject, sent this day to the ;::;ena~. State of Minnesota, and for other purposes. Mr. W.HITTHORNE moved that the message just read be referred Mr. WHITE. I reserve the right to object until the bill and amend- to the Select Committee on Interoceanic Canal and printed. ments are read. The motion was agreed to. Mr. TOWNSHEND, of Illinois. I object. Mr. WHITE. I move that the Honse adjourn. ARMY AND NAVY PENSIONS. The motion was agreed to; and accordingly (at four o'clock and The SPEAKER also laid before the Honse a letter from the Secre­ thirty-five minutes p. m.) the Honse adjourned. tary of the Interior, transmitting a revised estimate of deficiencies for the fiscal year ending June 30, 1880, in the appropriations for Army and Navy pensions; which was referred to the Committee on PETITIONS, ETC. Appropriations. The following memorials, petitions, and other papers were laid on TRANSPORTATION OF SILVE .R. the Clerk's desk, under the rule, and referred as follows, viz : The SPEAKER also laid before the House a letter from the Secre­ By the SPEAKER : The petition of citizens of Cold water, Michigan, tary of the Trea&ury, recommending an appropriation of $67,000 for for the passage of the equalization bounty bill-to the Committee on the transporta~ion of silver; which was referred to the Committee Military Affairs. on Appropriations. By Mr. AIKEN: The petition of publishers of the Laurensville (South Carolina) Herald, for the abolitioa of the duty on type-to the LIGHT-SHIP IN DELAWARE BAY. Committee on Ways and Means. The SPEAKER also laid before the Honse a letter from the Acting By Mr. A.INSLIE: .T1:1e p~tition of Heman & Jones, of Idaho C~ty, Secretary of the Treasury, in reply to a resolution of the Honse calling Idaho Territory, of sumlar 1IDport-to the same committee. for the views of the Department on the proposition to establish a light­ By Mr. ACKLEN: The petitions of A. Dore, of New Iberia, and of ship in Delaware Bay; which was referred to the Committee on Com­ Andrew F. Chanfreau, of Honma, Louisiana, of similar import-t;o the merce. same committee. GEORGE WILLIAMS. By Mr. ATKINS: The petition of J. W. Oumby, of Huntingdon, The SPEAKER also laid before the House a letter from the Secre­ Tennessee, for the removal of the stamp-tax on perfumery, cosmetics tary of War, renewing his recommendation that the papers in the and proprietary medicines-to the same committee. ' claim of Geor~e Williams be printed; which was referred to the Com­ By Mr. BACHMAN: The petition of Gabriel Young, for a pension­ mittee on Military Affairs. to the Committee on Invalid Pensions. SURVEYS OF VERMILION RIVER, ETC. LOUISIANA. Also, the petition of Sophia Buckley, for a pension-to the same 1 committee. The SPEAKER also laid before the House a letter from the Secre­ By Mr. BEALE: The petitions of citizens of Evansville, Indiana; tary of War, transmitting a report of surveys of Vermilion River and of Indianapolis, Indiana, and of Keokuk and Burlington, Iowa, for other waters in Louisiana; which was referred to the Committee on legislation to prevent the adulteration of, and interstate traffic in, Commerce, and ordered to be printed. adulterated food-to the Committee on Manufactures. EDUCATION OF COLORED YOUTH. By Mr. BELTZHOOVER: The petitions of Smith & Bittinger, pub­ The SPEAKER also laid before the House a memorial of the trus­ lishers of the Herald, Hanover, and of J. Zeamer, pnblisher of the tees of the Peabody education fund, praying Congress to grant such American Volunteer, Carlisle, Pennsylvania, for the abolition of the' aid as may be required to secure t,o the colored population of the South­ duty on type-to the Committee on Ways and 1\leans. ern States the education necessary to fit them for the discharge of By Mr. BERRY: The petition of W. J. Jones & Co., publishers of their duties as citizens of the United States; which was referred to the Enterprise, Ferndale, California, of similar import-to the same the Committee on Educa~on and Labor, and ordered to be printed. committee. Also, four petitions of publishers of California, that materials used ENROLLED BILL SIGNED. in making paper be placed on the free list, and for a reduction of the Mr. WARD, from the Committee on Enrolled Bills, reported that duty on printing~paper-to the same committee. the committee had examined and found truly enrolled a bill of the .Also, the petition of J. P. Haynes and 500 others, of Humboldt following title; when the Speaker signed the same : County, California, for an appropriation for the improvement of Hum­ An act (H. R. No. 3968) for the relief of certain actual settlers on boldt Bay-to the Committee on Commerce. the Kansas trust and diminished-reserve la.n4s, in tJ:te State of Kansas. By Mr, BICKNELL: The petition of Henry C. Dannetelle ~d, W 1880. CONGRESSIONAL RECORD-HOUSE. 1395 others, citizens of Jackson County, Indiana, that the patent laws be laws as will alleviate the oppressions imposed upon the people by the so amended as to make the manufacturer or vendor of patented transportation monopolies that now control the interstate commerce articles alone responsible for infringement-to the Committee on of the country-to the Committee on Commerce. Patents. Also, the petition of citizens of New York, that the patent laws be Also, the petitions of E. B.Newby and 25 others, citizens of Bartholo­ so amended a-s to make the manufacturer or vendor of patented arti­ mew Countyt and of Elwood Ruddick and 90 others, citizens of Jack­ cles alone responsible for infringement-to the Committee on Patents. son County, lndiana, that Congress enact such Jaws as will alleviate Also, the petition of W. H. Thomas and .of H. D. Brown & Co., of the oppression imposed upon the people by the transportation mo­ New York, that materials used in making paper be placed on the free nopolies that now control the interstate commerce of the country­ list, and for a reduction of the duty on printing-paper-to the Com­ to the Committee on Commerce. mittee on Ways and Means. Also, the petitions of George M. Scifres and 43 others, and of Jona­ By Mr. CARPENTER: Resolution of the General Assembly of Iowa, than Mauck and 13 others, citizens of Indiana, for the adjustment and for the relea-se by the Government of the title to all meandered lakes payment of the Morgan raid claims-to the Committee on War in that State-to the Committee on the Public Lands. Claims. Also, the petition of D. H. Talbot, publisher of the Cosmopolite, By Mr. BLACKBURN: The petition of citizens of the District of Sioux City, Iowa, for the abolition of the duty on type-to the Com­ Columbia, for the passage of a just tax bill-to the Committee on the mittee on Ways and Means. District of Columbia. By Mr. CLAFLIN: The petition of H. M. Stinson, publisher of the Also, the petition of citizens of Bourbon County, Kentucky, for the Newton (Massachusetts) J onrnal, that materials used in making paper amendment of the revenue laws-to the Committee on Ways and be placed on the free list, and for a reduction of the duty on printing­ Means. paper-to the same committee. Also, the petition of citizens of North Middleton, Kentucky, pro­ By Mr. CLARDY: The petitions of certain soldiers of the United testing against the recent order of the Postmaster-General discon­ States Army engaged in the late war; of certain citizens of Saint tinuing service upon star routes-to the Committee on the Post-Office Louis, soldiers in the late war, against the passage of the so-called and Post.Roads. Weaver soldier bill, and all measures of similar import-to the Com­ By Mr. BOUCK: The petition of citizens of Waupaca, Wisconsin, mittee on Military Affairs. th~t Congress enact such· laws as will alleviate the oppressions im­ By Mr. COBB: The petition of soldiers who served in the Union posed upon the people by the transportation monopolies that now Army during the war of the rebellion, for· the passage of the equal­ control the interstate commerce of the country-to the Committee on ization bounty bill-to the Efame committee. Commerce. By Mr. COFFROTH: The petition of James Rollins and other sol­ Also, the petition of M. D. Kimball, publisher of the Globe, Green diers, of Bedford County, Pennsylvahia, against· t.he passage of Sen­ Bay, Wisconsin, for the abolition of the duty on type-to the Com­ ate bill No. 496-to the Committee on Invalid Pensions. mittee on Ways and Means. By Mr. COLERICK: The petition of Nelson & Morse, publishers of By Mr. BRENTS: The petition of Frank J. Parker, of Walla Walla, the Fort Wayne (Indiana) Sentinel, for the abolition of the duty on Washington Territory, of similar import-to the same committee. type-to the Committee on Ways and l\Ieans. By Mr. BREWER : 'l'he petition of David Bosh, C. L. Benjamin, Also, the petition of Eugene B. Smith and 64 other ex-soldiers of the and 32 others, citizens of Livingston County, Michigan, thatthepatent United States Army, citizens of Fort Wayne, Indiana, for the early laws be so amended as to make the manufacturer or vendor of pat­ passage of a law providing for the payment of the difference between ented articles alone responsible for infringement-to the Committee the value of greenbacks, in which they were paid for their services, on Patents. and the value of gold at the time of payment-to the Committee on Also, the petition of C. L. Gordon, Wells Fulcher, and 32 others, citi­ Military Affairs. zens of Livingston County, Michigan, that Congress enact such laws By Mr. COX: A communication of C. K. Graham to the Secretary as will alleviate the oppressions imposed upon the people by the of the Treasury, relative to a bill to regulate carriage of passengers transportation monopolies that n~w control the interstate commerce by sea-to the Committee on Commerce. of the country-to the Committee on Commerce. Also, the petition of publisher of Browne's Phonographic Monthly By Mr. BRIGHAM: The petition of William E. Cole and others for and Reporters' Journal, Broadway, New York, for the abolition of the the passage of the equalization bounty bill-to the Oommittee on duty on type-to the Committee on Ways and Means. Military Affairs. By Mr. CRAPO: The petition of citizens of Duxbury, Massachusetts, Also, the petition of 0. St. Musser and 49 others, druggists, of Phil­ for an appropriation for the harbor of Scituate-to the Committee on adelphia, for the removal of the stamp-tax on perfumery, cosmetics, Commerce. and proprietary medicines-to the Committee on Ways and Means. Also, the petition of W. J. Rotch and 205 citizens of New Bedford, By Mr. BUCKNER: The petition of 22 soldiers, citizens of Mont­ Ma-ssachusetts, for the abolition of compulsory pilotage-to the same gomery County, Missouri, for the equalization of bounties-to the committee. Committee on Military Affairs. By Mr. HORACE DAVIS: The petition of H. W. Stoddard, pub­ Also, the petition of soldiers of Montgomery County, Missouri, lisher of the American Poultry Yard, Hartford, Connecticut, for the against the passage of Senate bill No. 496-to tha Committee on In­ abolition of the duty on type-to the Committee on Ways and Means. valid Pensions. By Mr. GEORGE R. DAVIS: A bill appropriating $350,000 for the Also, four petitions of citizens of Pike, Rawls, Monroe, Saint Charles, improvement of harbor of Chicago, Illinois, $100,000 of which shall be Audrain,Montgomery,Lincoln,andWarrenCounties,Missouri,fortbe for the inner harbor-to the Committee on Commerce. abolition of the duty on type-to the Committee on Ways and Means. By Mr. DEERING: The petition of L. E. Smith, publisher of the By Mr. BUTTERWORTH: The petition of John Shillito & Co., Times, Cresco, Iowa, that materials nsed in making paper be placed and 100 other merchants of Cincinnati, for early and favorable ac­ on the free list, and for a reduction of the duty on printing-paper-to tion on the bill (H. R. No. 870) providing for the immediate transpor­ the Committee on Ways and Means. tation of dutiable merchandise-to the same committee. By ])fr. DEUSTER: The petitions of Godfrey, Crandall & Co., pub­ Also, the petition of the Grand Division of the Sons of Temperance lishers; of Hailmann & Doerflinger, publishers of the New Education of the State of Ohio, for a commission of inquiry concerning the alco­ and of the Erziehungs Blaetter, and of Doerflinger & Schmidt, pub­ holic liquor traffic-to the Committee on the Alcoholic Liquor Traffic. lishers of the Freidinker, Milwaukee, Wisconsin, for the abolition of By Mr. CALDWELL : The petition of R. S. Evans, editor and pub­ the duty on type-to the same committee. lisher of the Bowling Green (Kentucky) Democrat, for the abolition Also, the petition of Columbus Alexander, for relief from false or ex­ of the duty on type-to the Committee on Ways and Means. cessive special assessments on his property-to the Committee on the Also, papers relating to the claim of Benjamin T. Perkins, for pay District of Columbia. for four months' services as recruiting officer, commissary, and pay­ By Mr. DUNN: Two petitions of publishers of Arkansas, for the master Twenty-fifth Regiment Kentucky Volunteers-to the Commit­ abolition of the duty on type-to the Committee on Ways and Means. tee on Military Affairs. By Mr. DUNNELL: The petition of the publishers of the Pioneer By Mr. CALKINS: The petition of citizens of Indiana, that the Press, Saint Paul, Minnesota, of similar import-to the same com­ patent laws be so amended as to make the manufacturer or vendor of mittee. patented articles alone responsible for infringement-to the Commit­ By Mr. ERRETT : Papers relating to the claim of George Gordon tee on Patents. for property destroyed by Utes-to the Committee on Indian Affairs. Also, the petition of citizens of Indiana, that Congress enact such By Mr. EVINS: The petitions of F. P. and H. E. Beard, Camden, laws as will alleviate the oppressions imposed upon the people by the and of Farrow & Daniel, Charles Petty, and Thomas J, Trimmier, of transportation monopolies that now control the interstate commerce Spartanburgh, South Carolina, tha.t materials used in making papei: of the country-to the Committee on Commerce. be placed on the free list, and for a reduction of the duty on printing­ Also, the petition of David Hess, of Lake Village, Indiana, for the paper-to the Committee on Ways and Means. removal of the stamp-tax on perfumery, cosmetics, and proprietary By Mr. FORD : The petition of Dopf & McCreary and other news­ medicines-to the Committee on Ways and Means. paper publishers, of Missouri, of similar import-to the same commit­ Also, the petition of citizens of La Porte County, Indiana, for a tee. ship-canal connecting Lakes Erie and Michigan-to the Committee By Mr. FORT: The petitions of James N. Orr and 682 others; of on Commerce. Cephas Williams and 73 others; of S. R. Hawks and 320 others, and By.Mr. CAMP: Two petitions of citizens of New York, against the of R. G. Campbell and 61 others, citizens of Illinois, fo.r an appropria­ passage of Senate bill No. 496-to the Committee on Invalid Pensions. tion to connect Lake Michigan and the Illinois River with Lake Also, the petition of citizens of New York, that Congress enact such Erie-to the Committee on Commerce. 1396 CONGRESSIONAL RECORD-.HOUSE. MARCH 8,-

Also, the petitions of H. H. McDowell and others, citizens of Illi­ der the control of a board of commissioners-to the Committee on nois, aud of Louis J. Sa.cdste, that he be reinstated to the Army Commerce. rolls and placed on the retired list-to the Committee on Military Also, the petitions of the publishers of the Iowa Democrat, Mineral Affairs. Point; of the Sentinel, Monroe; of the Richland County Reporter, ' Also, the petition of H. C. Brown and 1,8'21 others, citizens of Illi­ Richland Centre, and of the Courier Prairie du Chien, Wisconsin, for nois, for the improvement of the Kankakee and Iroquois Rivers, so as the abolition of the duty on type-to the Committee on Ways and to connect Lake Michigan and the lliinois River with Lake Erie-to Means. the Committee on Commerce. Also, the petition of John T. Tisdale and others, of Mineral Point, Also, the petition of Isaac Ammerman and 60 others, citizens of Wisconsin, that materials used in Ilia.king paper be placed on the free Onarga, Illinois, for legislation to prevent the introduction of cattle list, and for a reduction of the duty on printing-paper-to the same disease in the United States-to the Committee on Agriculture. committee. Also, the petition of Major W. H. Watson, Colonel T. B. Colter, and By Mr. HERNDON: The petition of ship-owners and merchants of Colonel George Peterbau~~' for a committee of the Soldiers' Associa­ Mobile, Alabama, for the abolition of compulsory pilotage-to the tion of the Northwest, asking for the use of arms at the soldiers' re­ Committee on Commerce. unions and encampments-to the Committee on Military Affairs. Also, the petition of M. C. Burke, publisher of the Marengo News­ Also, the petition of J .. Hanna and others, of W. H. Knox and oth­ Journal, Demopolis, Alabama, for the abolition of the duty on type­ ers, and of W. F. Singleton and others, citizens of Illinois, that Con­ to the Committee on Ways and Means. gress enact such laws as will alleviate the oppression imposed upon By Mr. HILL: The petition of William Campbell and 100 others, the people by the transportation monopolies that. now control the in­ and of Samuel Morny and 50 others, citizens of Paulding County, terstate commerce of the country-to the Comnnttee on Commerce. Ohio, that tho patent laws be so amended as to make the manufact­ Also, the petition of R. J. Hanna and 61 others, of A. L. Miner and urer or vendor of patented articles alone responsible forinfringement­ others, and of N. H. Uran and others, citizens of lliinois, that the to the Committee on Patents. patent laws be so amended a.s to make the manufacturer or vendor Also, .the petitions of L. A. Fast and 50 others, a:id of John D. of patented articles alone responsible for infringement-to the Com­ Carlton and 100 others, citizens of Paulding County, Ohio, that Con­ mittee on Patents. gress enact such laws as will alleviate the oppressions imposed upon By Mr. FRYE: The petition of Charles W. French and others, sol­ the people by the transportation monopolies that now control the in­ diers of Franklin County, Maine, for the equalization of bounties-to terstate commerce of the country-to the Committee on Commerce: the Committee on Military Affairs. Also, the petition of W. C. Tingle, publisher of the Vidette, Colum­ By Mr. GARFIELD: The petitions of J.P. Rieg & Co., publishers bus Grove· of C. J. De Witt, publisher of the Alliance Pioneer, and of the Reporter, Conneaut; of Evers & Rudolph, publishers of the of W.W. Smith, publisher of the Free Press, Leipsic, Ohio, for the Sentinel, Bowling Green; of W. A. Birchord, publisher of the Con­ abolition of the duty on type-to the Committee on Ways and Means. stitution, Warren, and of W. S. Peterson, publisher of the Tribune, By Mr. HOOKER: The petition of merchants and others, of Missis­ Warren, Ohio, for the abolition of the duty on type-to the Com­ sippi, for the removal of the duty on chrome iron ore and bichromate mittee on Ways and Means. of potash-to the same committee. Also, the petition of Mrs. Louise Pollock, for the establishment of By Mr. HOSTETLER: The petition of Alexander Chomel, publisher a free kindergarten school in Washington, District of Columbia-to of the Herald, Shoals, Indiana, for the abolition of the duty on type­ the Committee on the District of Columbia. to the same committee. Also, the petition of Andrew McCorkle and 103 others, citizens of Alsol. the petition of 75 soldiers, of Bedford, Indiana, who served Trumbull, Ohio, that Congress enact such laws as will alleviate the in the late war, for the passage of the Weaver bill-to the Committee oppressions imposed upon the people by the transportation monopo­ on Military Affairs. lies that now control the interstate commerce of the country-to the By Mr. HOUK: The petition of East Tennessee Federal soldiers, for Committee on Commerce. the passage of the equalization bounty bill-to the same committee. Also, the petition of L. C. Wolcott and 23 others, citizens of Trum­ Also, the petition of L. M. Blackman, for pay as an officer in the bull, Ohio, that the patent laws be so amended as to make the man­ United States Army-to the same committee. ufacturer or vendor of patented articles alone responsible for in­ By Mr. HOUSE: The petition of citizens of Humphreys County, fringement-to the Committee on PatentA. Tennessee that the patent laws be so amended as to make the man­ Also, the petition of Marion Meyers and 20 others, citizens of Ohio, ufacturer or vendor of patented articles alone responsible for infringe­ for the passage of the Weaver bill-to the Committee on Military Af­ ment-to the Committee on Patents. fairl'I. By Mr. HUMPHREY: The petition of A. C. Botkin, United States Also, the petition of Charles Hale, of Rowesville, for compensation marshal for Montana, for a change of the law relating to jurors in for loss of horse and for personal injuries sustained while :fighting Federal courts in the Territories-to the Committee on the Territories. guerrillas during the late war-to the Committee on War Claims. Also, the petition of W. H. Huntington, publisher of the Courier, By Mr. GEDDES : The petition of B. S. Cassell, H. M. Young, and Durand; of R.H. Gile, publisher of the Wisconsin Leader, Merrillon; others, of Knox County, Ohio, that Congress enact such laws as will of James and Ella Wells, publishers of the Journal, Tomah, and of alleviate the oppressions imposed upon the people by the transporta­ Griff 0. Jones, publisher of the Eagle, Augusta, Wisconsin, for the tion monopolies that now control the interstate commerce of the abolition of the duty on type-to the Committee on Ways and Means. country-to the Committee on Commerce. Also, the petition of publishers of the Phonograph, Colby, and of By Mr. GILLETTE: The petition of J. W. Cummins and 59 others, the Buffalo County Republikaner, Fountain City, Wisconsin, of simi­ citizens of Dallas County, Michigan, soldiers of the United States lar import-to the same committee. Army, engaged in the late war, for the early passage of a law pro­ By Mr. JOHNSTON: The petition of the citizens of Richmond, 'fiding for the payment of the difference between the value of green­ Virginia, for the establishment of additional light-houses on the J amea backs, in which they were paid for their services, and the value of River-to the Committee on Commerce. gold at the time of payment-to the Committee on Military Affairs. By Mr. JONES : The petition of citizens of Te:xaa, for the improve­ By Mr. GUNTER: The petition of citizens of Arkansas, that the ment of the Brazos River-to the same committee. public lands in Boone, Carroll, Madison, Newton, Searcy, Marion, Also, the petition of Wade B. Morrison, of Round Rock, Texas, for Baxter, Stone, and Van Buren Counties, Arkansas, be donated for the the removal of the stamp-tax on perfumery, cosmetics, and proprie­ construction of the Little Rock, Harrison and Northwest Railroad­ tary medicines-to the Committee on Ways and Means. to the Committee on the Public Lands. By Mr. JOYCE: The petitions of John Averill and of citizens of By Mr. HASKELL: The petition of citizens of Wilson Comity, Kan­ Vermont, that he be granted a pension-to the Committee on Invalid sas, that Congress enact such laws as will allevate the oppressions Pensions. imposed upon the people by. the transportation monopolies that now By Mr. KEIFER: The petitions of W.R. Shaul and 60 others, elect­ control the interstate commerce of the country-to the Committee on ors of Cable, and of F. Hoisington and 200 others, citizens of North Commerce. Lewisburgh, Ohio, to pension Union soldiers and sailors who were pris­ By Mr. HATCH : The petitions of H. D. B. Cutler, publisher of the oners of war more than six months during the late war-to the Com­ Criterion, Glenwood, Schuyler County, and of E. P. Moore, publisher mittee on Invalid Pensions. of the Democrat, Marion County, Missouri, that materials used in By Mr. KENNA: The petition of C. W. Ha.aper and Clarence C. Has­ making paper be placed on the free list, and for a reduction of the per, that their rights to certain lands in the possession of the United duty on printing-paper-to the Committee on Ways and Means. States may be determined by a court or other tribunal-to the Com­ Also, the petitions. of the publishers of the Criterion, Glenwood; mittee on the Public Lands. of the Excelsior, Lancaster; of the Democrat, Kahoka, and of the By Mr. KETCHAM: The petition of J. D. Little, publisher Courier, Messenger of Peace, Macon City, Missouri, for the abolition of the and of W. J. & J.M. Blake, publishers of the Republican, Carmel, duty on type-to the same cemmittee. New York, for the abolition of the duty on type-to the Committee By Mr. HAWK: The petition of A. V. Ricliards, publisher of the on Ways and Means. Journal, Freeport, Illinois, of similar import-to the same committee. By Mr. KLOTZ : The petition of soldiers of the late war now resid­ Also, papers relating to the pension claim of John R. Perrine-to ing at Audenried, Pennsylvania, for the passage of the equalization the Committee on Invalid Pensions. bounty hill-to the Committee on Military Affairs. Also, the petition of Justus C. Bowles, for a pension-to the same Also, the petition of citizens of Columbia County, Pennsylvania, for committee. the passage of a bill authorizing a department of agriculture. equal By Mr. HAZELTON: Joint resolution of the Legislature of Wis­ in rank with any other Government Departments, having a Cabinet consin, favoring legislation that will place insterstate commerce un- officer at its head-to the Committee on Agriculture. 1880. CONGRESSIONAL RECORD-HOUSE. 1397

By Mr. LA.PHAM: The 'petition of citizens of New York, against make the manufacturer or vendor of patented articles alone responsi­ any change in the revenue laws that will benefit liquor dealers-to ble for infringement-to the Committee on Patents~ the Committee on the Alcoholic Liquor Traffic. By Mr. PAGE: The petitions of A. 0. Porter, publisher of the North By Mr. LINDSEY: The petition of Mary E. Ketchum, to be reim­ San Juan (California) Independent, and of Dunchow Brothers, pub­ bursed an amount of currency partially deRtroyed-to the Commit­ lishers of the Tuolumne (California) Independent, for the abolition tee Oil Claims. of the duty on type-to the Committee on Ways and Means. Also, the petition of Dunbar Brothers, that materials used in mak­ By Mr. PHILIPS: Thirteen petitions of druggists, of Missouri, for ing paper be placed on the free list, and for a reduction of the duty the removal of the stamp-tax on perfumery, cosmetics, and proprie­ on printing-paper-to the Committee on Ways and Means. tary medicines-to the same committee. By Mr. LOWE: The petition of A. H. Keller, publisher of the By Mr. PIERCE: The petition of citizens of Erie County, New North Alabamian, Tuscumbia, Alabama, for the abolition of the duty York, for the passage of a general bankrupt law-to the Committee on type-to the same committee. · on the Judiciary. By Mr. JOSEPH J. MARTIN: The petition of Josiah Turner, of Also, the petition of citizens of Erie County, New York, that Con­ North Carolina, relating to certain land in that State-to the Com­ gress enact such laws as will alleviate the oppressions imposed upon mittee on the PulJlic Lands. the people by the transportation monopolies that now control the By Mr. McGOWAN: The petitions of J. J. Hendershot and 131 interstate commerce of the country-to the Committee on Commerce. others, and· of G. W. Shuffield and 137 others, of Barry County; of Also, the petition of citizens of Erie County, New York, that the S. Cronkite and 17 others, and of George D. Pray and 65 others, of patent laws be so amended as to make the manufacturer or vendor Eaton County, and of H. S. Sutherland and 26 others, citizens of Cal­ of patented articles alone responsible for infringement-to the Com­ houn County, Michigan, that the patent laws be so amended as to mittee on Patents. make the manufacturer or vendor of patented articles alone '.respon­ Also, the petition of citizens of New York, against the passage of sible for infringement-to the Committee on Patents. the bill to reduce the tariff on steel rails from $28 to $10 a ton-to the Also, the petitions of the same parties that Congress enact such Committee on Ways and Means. laws as will alleviate the oppressions imposed upon the people by the Also, the petitions of F. W. Constantine, H.J. Penfold, of the Hotel transportation monopolies that now control the interstate commerce and Family Ledger Company of Buffalo, and of the Buffalo German of the country-to the Committee on Commerce. Printing Association, New York. for the abolition of the duty on By Mr. McLANE: The petition of Rev. S. L. M. Causer, late chap­ type-to the same committee. . lain of the Fifth Pennsylvania Reserve Corps, for back pay-to the Also, the petition of the Buffalo (New York) German Printing As­ Committee on Military Affairs. sociation, that materials used in making paper be placed on the free Also, the petition of William Stone, private Company E, First Reg­ list, and for a reduction of the duty on printing-paper-to the same iment Maryland Volunteers, for correction of his military record-to committee. the same committee. By Mr. POUND: The petitions of V. & T. Ringle, Mark H. Bar­ By Mr. McMAHON: The petition of the publishers of the Gazette, num, R.H. Johnson, and of G. W. Hungerford, Glennon & Col)per, Waynesville, Ohio, that materials used in making paper be placed on A. F. Van Epps, and H. W. Lee, publishers, of Wisconsin, of similar the free list, and for a reduction of the duty on printing-paper-to import-to the same committee. the Committee on Ways and Means. By Mr. PRESCOTT: The petitions of 17 citizens, of 55 citizens, of Also, the peti_tions of the publishers of the Religious Telescope, Day­ 3 citizens, of 66 citizens, of 69 citizens, and of 77 citizens of New ton; of B. K. Brandt, and of Logan & Rona, publishers of Ohio, for York, against the passage of the bill (H. R. No. 4262) to remove ob­ the abolition of the duty on type-to the same committee. structions from the channel leading from Lake Ontario into Ironde­ Also, the petition of John Skinner, for the increase of the pensions of quoit Bay-to the Committee on Commerce. those who have lost an arm or a leg-to the Committee on Invalid Pen­ Also, the petitions of 20 citizens, and of 9 other citizens, of Oneida sions. County, New York, that Congress enact such laws as will alleviate By Mr. MITCHELL: The petition of William P. J. Painter & Son the oppressions imposed upon the people by the transportation mo­ and William W. Rankin & Co., druggists, of Muncy, Pennsylvania, nopolies that now control the interstate commerce of the country­ for the removal of the stamp-tax on perfumery, cosmetics, and pro­ to the same committee. prietary medicines-to the Committee on Ways and Means. Also, the petition of 26 citizens of Oneida County, New York, that · By Mr. MONROE: Papers relating to the pension claim of W. H. the patent laws be so amended as to make the manufacturer or vendor H. Gorham-to the Committee on Invalid Pensions. of patented articles alone responsible for infringement-to the Com- By Mr. MURCH : The petition of E. A. Talman and 33 others, cit­ mittee on Patents. . izens of South Thomaston, Maine, for an appropriation for the con­ Also, resolutions of the Legislature of New York, for the erection struction of a breakwater at the entrance of Owl's Head Harbor, and maintenance of harbor defenses for the city of New York-to Maine-to the Committee on Commerce. the Committee on Commerce. By Mr. MYERS: The petition of David Kelley and 41 others, cit­ By Mr. PRICE: The petition of citizens of Muscatine, Iowa, that izens of Grant County, Indiana, that the patent laws be. so amended materials used in making pa.per be placed on the free list, and for a re­ as to make the manufacturer or vendor of patented articles alone duction of the duty on paper-to the Committee on Ways and Means. responsible for infringement-to the Committee on Patents. By Mr. REAG~: The petition of J. T. Remy and 57 others, citizens Also, the petition of John M. Kelley and 41 others, citizens of of Bartholomew County, Indiana, that the patent faws be so amended Grant County, Indiana, that Congress enact such laws as will allevi­ as to make the manufacturer or vendor of patented articles alone re­ ate the oppressions imposed upon the people by the transport3.tion sponsible for infringement-to the Committee on Patents. monopolies that now control the interstate commerce of the coun- Also, the petition of J. T. Remy and 51 other citizens, of Bartholo­ try-to the Committee on Commerce. · mew County, Indiana, for the passage of the Reagan interstate-com­ By Mr. NEAL: The petition of Joseph W. Dumble, publisher of merce bill-to the Committee on Commerce. the Meigs County Republican, Middleport, Ohio, for the abolition of Also, the petitions of J. W. Ewing, of Anderson County; of A. W. the duty on type-to the Committee on Ways and Means. Oliver & Co., of Rusk County; of A. P. Harris and E. P. Kellie, of By Mr. NEWBERRY : The petition of 46 citizens of Wayne, Mich­ Orange County, Texas, for the abolition of t.l:le duty on type-to the igan, that the patent la.ws be so amended as to make the manufact­ Committee on Ways and Means. urer or vendor of patented articles alone responsible forinfringement­ By Mr. RICE: The petition of George T. Foster and others, of Wor­ to the Committee on Patents. cester County, Massachusetts, that Congress enact such laws as will Also, the petition of the register· and reciever of the land office at alleviate the oppressions imposed upon the people by the transporta­ Detroit, Michigan, asking Congress to donate a portion of Dearborn tion monopolies that now control the interstate commerce of the arsenal property to Wayne County (Michigan) Central Agricultural country-to the Committee on Commerce. Society and Industrial School-to the Committee on Military Affairs. By Mr. JOHNS. RICHARDSON: The petition of Landy Wood, pub­ By Mr. NICHOLLS: The petition of J. H.Estill and other publishers lisher of the Telephone, Con wayborough, South Carolina, for the aboli­ and printers, for the abolition of the duty on type, that materials tion of the duty on type-to tbe Committee on Ways and Means. used in making paper be placed on the free list, and for a reduction By Jtlr. RICHMOND : The petition of Ira R. Fuller and 41 others, of the duty on printing-paper-to the Committee on Ways and Means. citizens of Russell County, Virginia, that . the patent laws be so By Mr. ORTH: The petition of Peter J. T. Welschbillig, for a pen­ amended as to make the manufacturer or vendor of patented arti­ sion-to the Committee on Invalid Pensions. cles alone responsible for infringement-to the Committee on Patents. By Mr. OVERTON: The petition of Ezra Loomis and 13 others, Also, the petition of the same parties, tB.at Congress enact such laws citizens of Bradford County, Pennsylvania, that the Agricultural as will alleviate the oppressions imposed upon the peop]e by the trans­ Department be made equal in rank to any other Department of the portation monopolies that now control the interstate commerce of Government having a Cabinet officer at its head-to the Committee the country-to the Committee on Commerce. on Agriculture. Also, the petition of Charles Willoughby, editor of the Lee County Also, tbe petition of Ezra Loomis and 13 others, citizens of Brad­ (Virginia) Sentinel, that materials used in making paper be placed on ford County, Pennsylvania, that Congress enact such laws as _will the free list, for a reduction of the duty on printing-paper, and for alleviate the oppressions imposed upon the people by the transporta­ the abolition of the duty on type-to the Committee on Ways and tion monopolies that now control the interstate commerce of the coun­ Means. try-to the Committee on Commerce. By Mr. ROBERTSON: The petition of citizens of Washington Par­ Also, the petition of J. M. Rockwell and 13 others, citizens of Brad­ ish, Louisiana, for an appropriation to clean out Bayon Chitto River~ ford County, Pennsylvania, that the patent laws be so amended as to to the Committee on Commerce. 1398 CONGRESSIONAL RECORD-HOUSE. MARCH 8,

Also, the petition of R. W. Read, publisher of Amite City, and used in making paper be placed on the free list, and for a reduction three other publishers, of Louisiana, for the abolition of the duty on of the duty on printing-paper-to the same committee. type-to the Committee on Ways and Means. Also, the petition of soldiers of South Bend, Nebraska, for the early By Mr. WILLIAM A. RUSSELL: The petitions of Harrington passage of a law providing for the payment of the difference between Brothers, and of Campbell & Hanscom, of Lowell, Massachusetts, of the value of greenbacks, in which they were paid for their services, similar import-to the same committee. and the value of gold ai the time of payment-to the Committee on Also, the petition of Campbell & Hanscom, of Lowell, Massachu­ Military Affairs. setts, that materials used in making paper be placed on the free list, By Mr. VANCE: The petition of William F. Sandford, publisher and for a reduction of the duty on printing-paper-to the same com­ of the Pee Dee Bee, Rockingham, North Carolina, for the abolition mittee. .of the duty on type-to the Committee on Ways and M.eo.ns. Also, the petition of James L. Eaton and others, of Middlesex Also, papers relating to the pension claims of Lona S. Fitzgerald County, Massachusetts, that Congress enact such laws as will alle­ and Eva M. Fitzgerald-to the Committee on Invalid Pensions. viate the oppressions imposed upon the people by the transportation By Mr. WARD: A bill directing a survey of Chester and Ridley monopolies that now control the interstate commerce of the country­ Creeks, in the State of Pennsylvania--to the Committee on Com­ to the Committee on Commerce. merce. By Mr. THOMAS RYAN: The petition of Union soldiers of McPher­ By Mr. WASHBURN: The petition of R. P. Crawford a.nd others, son County, Kansas, for the passage of the Weaver soldier bill-to citizens of Wright County, Minnesota, that a pension be granted the Committee on Military Affairs. John N. Morrell-to the Committee on Invalid Pensions. Also, papers rt;}lating to the pension claim of H. C. Williams-to By Mr. WEAVER : The petitions of Patrick Mulhern and 36 others, the Committee on Invalid Pensions. of Steuben County, New York; of J. E. Pitcher and 37 others; of Also, the petition of Mrs. Margaret Wiggins, for a pension-to the H. E. Wadsworth and 36others, of Montevideo, Minnesota; ofHir.am same committee. Adams, jr., and 9 others, of Aurora, Illinois; of William Snyder and Also, the petitions .of Folks & Bishop, of the Wellington Press; of 63 others, of Benton County, Indiana; of A. C. Matthias and 34 Hetherington & Rambo, of the Emporia Sentinel; of W. F. File, of others, of Putnam County, Ohio ; of Timothy McGee and 36 others, the Florence Herald, and of King & Davis, of the Iuka. Press, Kansas, of Worcester, Ma.ssachnsetts, and of William W. Smith and 24 oth­ for the abolition of the duty on type-to the Committee on Ways and ers, of Kinderhook, Michigan, for the passage of the Weaver soldier Means. bill-to the Committee on Military Affairs. Also, the petition of Union soldiers of Shawnee County, Kansas, Also, resolution of the Legislature of the State of Iowa, that Con­ for the passage of the bill to equalize bounties-to the Committee on gress enact such laws a-s will alleviate the oppressicms imposed upon Military Affairs. the people by the transportation monopolies that now control the By Mr. SAPP: Five petitions of soldiers of the late war, of Iowa, for interstate commerce of the countrv-to the Committee on Commerce. the passage of the Weaver soldier bill-to the same committee. Also, the petition of L. C. Barker, editor of the Knoxville (Iowa) By Mr. SCALES: The petition of Thomas M. Holt and others, for Journal and 4 others, that materials used in making paper be placed the removal of the duties on chrome iron ore and bichromate of pot­ on the free list, and for a reduction of the duty on printing-paper­ ash-to the Committee on Ways and Means. to the Committee on Ways and Means. By Mr. SLEMONS : The petitions of R. L. Emerson and others, and Also, the petitions of Felory & Van Der Menlen, publishers of the of J. L. Wadly and others, publishers, of Arkansas, for the abolition Express, Knoxville, Iowa; of R. T. Elson, editor of the Pleasantville of the duty on type-to the same committee. (Iowa) News, and of 0. J. Smith, publisher of the Express, Chicago, Also, the petition of colored citizens, for payment of wages unjustly Illinois, for the abolition of the duty on type-to the same committee. withheld from them by the War Department for services as laborers, By Mr. WHITEAKER: The petition of J. W. Kirkland and other teamsters, &c.-to the Committee on Claims. citizens of Polk County, Ore.u.:on, that the patent laws be so amended By Mr. SPRINGER: The petition of Joseph Cupp & Son and oth­ as to make the manufacturer or vendor of patented articles alone ers, of Jacksonville, Illinois, for the removal of the prohibitory duties responsible for infringement-to the Committee on Patents. on chrome iron ore and bichromate of potash-to the Committee on Also, the petition of T. H. Lucas and other citizens of Polk County, Ways and Means. Oregon, that Congress enact such laws as will alleviate the oppres­ By Mr. STEVENSON: The petition of W. H. Macy, of Towanda, sions imposed upon the people by the transportation monopolies tha. t Illinois, for the removal of the stamp-tax on perfumery, cosmetics, now control the interstate commerce of the country-to the C@mmit­ and proprietary medicines-to the same committee. tee on Commerce. By ~Ir. RICHARDW. TOWNSHEND: Thepetitionsof J. A. Lawry, Also, the petitions of A. Nothner, publisher of the daily and weekly editor of the Gazette, Elizabethtown, and of D. W. Barkley, C. J. Standard, Portland; of D. C. Ireland, publisher of the daily and Wilmans, and Ed. McClung, of Fair.field, Illinois, that materials used weekly Astorian, Astoria; of Quivey & Waller, publishers of the in making paper be placed on the free list, and for a reduction of the River Side, Independence; of Mosher & Floed, publishers of the duty on printing-paper-to the same committee. Western Star, Roseburgh; of E. 0. Norton & Co., publishers of the By Mr. TUCKER: The petitions of M. W. Camper, publisher of the Oregon Literary Vidette; of W. S. Moss & Co., publishers of the Herald, and of Marsh & Miller, publishers of the Botetourt News, Sunday Mercury, Portland; of John Rock, publisher of the Enterprise, Fincastle, Virginia, for the abolition of the duty on type, that mate­ Oregon City; of W. H. Byers, publisher of the Plaindealer, Rose burgh; rials used in making paper be placed on the free list, and.for a reduc­ of William .M. Hand, publisher of the Mountaineer, The Dalles; of tion of the duty on printing-paper-to the same committee. S. H. Shepherd, publisher of the Grant County News, Canyon City, By Mr. TYLER : The petitions of W. S. S. Buck, publisher of the Oregon, and of the publishers and printers of San Francisco, Califor­ Riverside, Wells River, and of C. M. Stone & Co., publishers of the nia, for the a. boll tion of the duty on type-to the Committee on Ways Caledonian, Saint Johnsbury, Vermont, for the abolition of the duty and Means. on type-to the same committee. By Mr. WILBER: Resolution of the Legislature of the State of By Mr. J. T. UPDEGRAFF: The petition of the Woman's Temper­ New York, asking for an appropriation for the etection and mainte­ ance Union of the District of Columbia, asking, in view of the mur­ nance of the fortifications and defenses of the city of New York-to ders and atrocities so frequent in the District, that Congress may the Committee on Appropriations. prohibit the sale of intoxicating liquor as a beverage in the District Also, t)le petition of Russell & Davidson, publishers of the Otsego of Columbia., as one of the main causes of these crimes and the con­ Republican, Cooperstown, New York, for the abolition of the duty on sequent expense and suffering-to the Committee on the District of type, and that materials used in making paper be placed on the free Columbia. list, and for a. reduction of the duty on printing-pa.per-to the Com­ By Mr. UPSON: The petition of citizens of Texas, for a post-route mittee on Ways and Means. from Benficklin to Sherwood-to the Committee on the Post-Oftice and Also, the petition of citizens of Roseboom, New York: against the Post-Roads. passage of Senate bill No. 496-to the Committee on Invalid Pensions. Also, papers relating to the claim of officers and enlisted men who Also, the petition of citizens of Otsego County, New York, that the suffered loss of property by fire at Fort Ripley, Minnesota-to the Com­ proceedings of Congress be published in newspaper form throughout mittee on Military Affairs. the year, and a. copy sent free to each family in the United States-to Also, papers relating to the claim of William Schuchardt for pay the Committee on Printing. for his services in obtaining testimony for the use of the United States By Mr. CHARLES G. WILLIAMS: The petition of Henry F. Ho­ and Mexican claims commission, appointed under the convention of bart, publisher of the Free Press, Beloit, Wisconsip1 for the abolition July 4, 1868, with Mexico-to the Committee on Foreign Affairs. of duty on type-to the Committee on Ways and Means. By :Mr. VALENTINE: The petitions of the publishers of the Ne­ Also, the petition of Fred. W. Coon, editor of the Local, Oconomo­ braska Watchman, Omaha; of the Republican, Aurora; of the Pierce woc, and of Whitford '& Pratt, publishers, of Madison, Wisconsin, County Call, Pierce, Nebraska, and of the Chieftain, Evanston, Wy­ that materials used in making paper be placed on the free list, and oming Territory, for the abolition of the duty on type-to the Com­ for a reduction of the duty on printing-paper-to tho same committee. mittee on Ways and Means. Also, the petition of Messrs. Blohn & Co. and others, of Racme, Also, the petition of the publisher of the Sherman County Timos, Wisconsin, for the removal of duties on chrome ore and bichromate Loup City, Nebraska, that materials used in making paper be placed of potash-to the same committee. on the free list, and for a reduction of the duty on printing-paper­ By Mr. THOMAS WILLIAMS : The petition of Frank P. Gluss, to the same committee. publisher of the Bibb Blade, Six-Mile, Alabama, for the abolition of Also, the petition of the publisher of the Clay County Globe, Sut­ the duty on type-to the same committee. ton, Nebraska, for the abolition of the duty on type, that materials By Mr. WILLIS: The petition of the Board of Trade of Louisville, 1880. CONGRESSIONAL RECORD-SENATE. 1399

Kentucky, for the improvement of the :Mississippi River, and for in­ and between the United States and the rest of the world. It would be the great ocean thoroughfar~ between our_ Atlantic and our Pacific shores, and virtually a creased postal facilities with Brazil and other South American coun­ :part of the coast line of the Umted States. Our merely commercial int.erest in it tries-to the Committee on Commerce. 18 grea~r than ~t of all other countries. while its relations ro our power and Also, the petition of Crump & Davidson, F. G. 1Allen and of the prospenty: as a nation, ro our means of d.efense, our 11;Ilit:v, peace, and safety, are Good Words Publishing Company, of Louisville, Kentuck;:, that ma­ matters of paramount.co?cern. to the people of. the Umteu St.ates. No other great power would, under sumlar Cll'Cumstances, fail ro assert a rightful control over a terials used in making paper be placed on the free list, and for a. re­ work so closely and vitally affecting its interest and welfare. duction of the duty on printing-paper-to the Committee on Ways . !Vithou.t urging further the groun~s of my opinion, I repeat, in conclusion, that and Means. I~~ the nght and_ the duty of ~he Umted. States ro assert and maintain such super­ By Mr. WILLITS: The petitions of J:F. Woolsey and 64 others, cit­ Vl81on and authonty over any int.eroceamc canal across the isthmus that connects North ~d South America as will P!otect_our national interests. This, I am quit.e izens of Hillsdale County, and of S. D. Brower and 16 others, citizens sure, will be found not only compatible with butt promotive of the widest and most of Jackson County, Michigan, that the patent laws be so amended as permanent advantage ro commerce and civilization. to make the manufacturer or vendor of patented articles alone respon­ RUTHERFORD B. HA YES. sible for infrin~ement-to the Cohimittee on Patents. 'ExEcUTIVE 'MANSION, Marcl~ 8, 1880. Also, the petitions of the same parties, that Congress enact such The VICE-PRESIDENT. This message, with the a-0companying laws as will alleviate the oppressions imposed upon the people by the documents will be printed. transportation monopolies that now control the interstate commerce Mr. PENDLETON. I move its reference to the Committee on For­ of the country-to the Committee on Commerce. eign Relations. By Mr. WILSON: The petition of E. 'P. Chancellor and 100 others, The VICE-PRESIDENT. And when printed, referred to the Com­ including steamboat owners and officers on the river Ohio, for an ap­ mittee on 'Foreign Relations. propriation for an ice-harbor at'Parkersburgh, West Virginia-to the EXECUTIVE COMl\roNICATIONS. Committee on Commerce. Also, the petitions of McConaughy & Co. and 50 others; of Will­ The VICE-J>RESIDENT laid before the Senate a letter from the iam Wertenbaker and 38 others; of John A. Hutchinson and 31 Secretary of the Interior, transmitting, in compliance with a resolu­ others, and of Joseph Cain and 84 otb.ers, for the improvement of the tion of the Senate of the 18th ultimo, a report of the acting commis­ Little Kanawha River-to the same committee. sioner of the General Land Office as to the amount in gross of unsold By Mr. WISE: The petition of 46 soldiers and citizens of Pennsyl­ pub~o l~nds in the counties of 91?-ippewa and Scnoolcraft, in the State vania, for the passage of the Weaver bill-to the Committee on of Michigan, and the length of time such lands have been in market· Military Affairs. which was referred to the Committee on Public Lanas, and ordered Also, the petition of numerous citizens of Pennsylvania, for the to be printed. passage of a law to make the Department of Agriculture equal in He a~o.laid.before t~e Sena~e a l~tter ~om the Secretary of War, rank with any other Department of the Government, having a Cab­ tra?sm1tting, m compllance with the reqmrements of the jQint reso­ inet officer at its head-to the Committee on Agriculture. lution of J nne 28, 1879, copy of a report from Major W. H. H. Beriyaurd Also, the petition of A. A. Knapp, of Greene County, Pennsylvania, Corps of Engineers, of a survey of the Mississippi River near Lak~ that the patent laws be so amended as to make the manufacturer or Concor~ia, Louisiana, and Cowpen Bend, !dis~issippi, looking 'to the vendor of patented articles alone responsible for infringement-to protection of.the harbors of Natchez and Vidalia; which was referred the Committee on Patents. to the Comnuttee on Commerce, and ordered to be printed. Also, the petition of the same .Parties, 'that Congress enact such He also la.id before the Senate a communication from the Secretary laws as will alleviate the oppressions imposed upon the people by the of the Interior, transmi~ing, in compliance with a resolution of the transportation monopolies that now control the interstate commerce Senate of December 2, 1879, information concerning lecated but un­ of the country-to the Committee on Commerce. i~p~oved private land claiIIls in the State of Louisiana, and trans­ By Mr. FERNANDO WOOD: The petition of John Cordova, for a mittrng. a copy of a report of the surveyor-general of Louisiana on pension-to the Committee on Invalid Pensions. the subJect, to whom the matter was referred by the Commissioner By Mr. WRIGHT: The petition of Minas Miller, W. H. Shields, and of the General Land Office; which was referred to the Committee on 187 others, citizens of Knoxville, Iowa, for the paBSage of the bill Private Land Claims, and ordered to be printed. (H. R. No. 269) known as the Wright supplement to the homestead He .also la.i~ before the Senate a communication from the Secretary act-to the Committee on the Public Lands. of the Navy, rn answer to a resolution of the Senate relative to the By Mr. THOMAS L. YOUNG: The petitions of James Shaughnessy, number of paymasters in the Navy, and stating under what circum­ Clark H. Chandler, and 97 others, and of the Trades and Labor As­ stances the name of Edward Bellows was dropped from the roll of sembly of Cincinnati, for the paasage of a bill to create a department paymasters ; which was referred to the Committee on Naval Affairs of manufactures, mechanics, and mines-to the Committee on the and ordered to be printed. ' Judiciary. He also laid b.ef<;>re the Senate a commun~cation from the Secretary Also, the petition of Mohr, Mohr & Co., for the amendment of the of \Y"ar, transmittmg a let~r from the Chief of Engineers, dated the revenue law relating to the tax on spirits-to the Committee on Ways 5th mstant, a~d accompanyrng C?PY ?fa report of Major J. A. Smith, and Means. Corps of Engrneers, of an examrnation and survey made in com­ pl}ance. with ~he river an.d ~arbor ~t of March 3, 1879, of ·:Kankakee River, rn Indiana a.nd IllinoIB; which wa-s referred to the Committee on Commerce, and ordered to be printed. IN SENATE. He also laid before the Senate a communication from the Secretary of War1 trans~tting a copy of 8: report of Major J. W. Wilson, C8rps TUESDAY, March 9, 1880'. of Engrneers! rn reg~r~ to the 1:111provement of Sandusky River at Fremont, Ohio, and givrng an estimate of the cost of the improvement· Prayer by the Ckaplain, Rev. J. J. BULLOCK, D. D. which was referred to the Committee on Commerce, and ordered to b~ The Journal of yesterday's proceedings was rea-0. and approved. printed. INTEROCEANIC CANAL. . COURT IN INDIAN TERRITORY. The VICE-PRESIDENT la.id before the Senate the following mes­ Mr. THURMAN. I hold in my hand a paper which I have been sage from the President of the United States; which was read: requested to present to the Senate. It is a memorial of delegates of To the SeM.te: certain of the Indian tribes in the Indian Territory, of W. P. Adair I transmit herewith the report of the Secretary of State and the accompanvmg assistant principal chief, John L. Adair, R. M. Wolf and R. Jlunch of pa11ers, in response ro. the re;iolu~on adopted by the Senate on the 11th day o:f February last, requesting copies of all correspondence between this G-Overnment the Ch~rokee dele~ation, P. Porter and D. M. Hodge, of the Creek and any foreign government since February, 1869, respecting a ship-canal across delegation, P. P. P1tchlynn, Choctaw delegate, John F. Brown, Semi­ the Isthmus, between North America. and SOuth America rogether with copies of nole del~gate, Charles Bluejacket and Charles Tucker, Shawnee rep­ any projet of treaties ~espec?ng the same which the. n'epartment of State may resentatives, and J. M. Bryan, old settler Shawnee commissioner. have propo~ed or subnntted smce that date ro any foreign power or its diplomatic representative. The obje~t of the memorial i~ to rem~mstrate against the passage of In further compliance witb the resolution of the Senate I deem it proper to state Senate bill No. 416, to establish a Umted States court in the Indian briefi~ my opin?on as to t~e policy of the United Stat.es ;nth respect ro the con­ Te~torf, and for other purposes, reported by the Committee on struction ?fan int!":rocearuc e:anaI by any route across the American isthmus. The policy of this country is a canal under American control. The Unit.ed Stat.es Territories. cannot consent ro the surrender of this control to any European power or to any I a~ ~ware, Mr. President, that i_t .has been said the absolute right combination of EurOJ?ean powers. If existing treaties between the United Sta.tea of petition to Congress belongs to citizens of the United States alone; !ll1d other nation:S, or~ the right~ of soverei~ty or property of other nations at.and but I believe no one will question the right or propriety of either m the way of thls policy-a contingency which is not apprehended-suitable steps should be taken by just and liberal negotiations ro promote and establish the Ameri­ !>ranch of Congress receiving a petition from other persons, couched can. policy on this subject consistently with the rights of the nations robe affected m respectful language and upon a subject that the Senate or the by1t. House thinks ought to be considered, especially when the memorial­ The C?apital inye ted by corporations or citizens of other countries in such an ists are inhabitants of the United States and are, as the Indians ha.ve ent.erprise must, m a great degree, look for protection to one or more of the great powers of !Jie world. No Eur?peau J!OWer can. intervene for such protection with­ been called, wards of the nation. I believe that in no instance has out adopting !111'.asu:res on this con~ent which the United Stat.es would deem a memorial from the representatives of the Indian tribes been refused wholly madmiss1ble. If the protection of the United States is relied upon the to be received by either House of Congress. I therefore have no Uffi:ted S~tes must exerci~e such con~l as will enable this country ro _protect its doubt of the propriety of presenting this memorial. But I am further b~k~!11t~~e!~~:nd mamtain the rights of those whose private capital is em- requested, in view of the legal questions presented by the bill :referred An in~roceanio. canal across the Amei;ican isthmus will essentially change the to, in view of the fact that it establishes a court, and that the estab­ geographical relations between the Atlantic and Pacific coasts of the United Stat-es, lishment of courts has usually, and, perhaps, universally been passed