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1878. CONGRESSIONAL RECORD-SENATE. 1505

By Mr. DICKEY: The petition of the publisher of the Hillsborough Keosauqua, Iowa, for the abolition of the duty Oll type-to the Com­ (Ohio) Gazette and of the Waverly (Ohio) Watchman, for the aboli­ mittee of Ways and Means. tion of the dut.y on type-to th.e Committee of Ways and Means. Also, the petition of Samuel W. Tucker and 8thers, of Keokuk, By Mr. DUNNELL : Memorial of the Legislature of Minnesota, rel­ Iowa, against the reduction of the tariff-to the same committee. ative to an invention for the improvement of navigation-to the Com­ By Mr. STONE, of Michigan: The petition of Samuel Wooldridge mittee on Commerce. and 32 other citizens of Ionia, Michigan, against any reduction of the Also, memorial of the Legislature of Minnesota, for an appropria­ tariff on wool-to the same committee. tion for · a prompt and thorough improvement of the Mississippi By ~Ir. THROCKMORTON: The petitions of the publishers of the River-to the same committee. Denton (Texas) Monitor, and of the Democrat, Fort Worth, Texas, By Mr. EVANS, of Pennsyluania: The petitions of the Morning for the abolition of the duty on type-to the same committee. Star, Doylestown, Pennsylvania; of the National Defend~r, Norris­ By 1\Ir. TURNEY: The petition of the publisher of the Waynes­ town, Pennsylvania; and of the Doylestown (Pennsylvama) Demo­ burgh (Pennsylvania) Messenger, of similar import-to the same com­ crat, for the abolition of the duty on type-to the Committee of mittee. Ways and Means. By Mr. VANCE : .A. paper relating to the establishment of a post­ By Mr. ERRETT: Resolutions of the Legislatur~ of Pennsylvania, route from Bakersville, North Carolina, to Hollow Poplar, North Car­ req nesting the Representatives and instructing the Senators from said olina-to the Committee on the Post-Office and Post-Roads. State to vote for and support the bill giving a pension to the veterans By Mr. WIDTTHORNE: The petition of the publishers of the of the Mexican war-to the Committee on Invalid Pensions. Wayne County (Tennessee) Citizen, for the abolition of the duty on By Mr. GLOVER: The petition of editors and publishers of news­ type-to the Committee of Ways and Means . . papers in the twelfth congressional district of Missouri, for the aboli­ By Mr. WILLIAMS, of Michjgan : The petitions of H. P. and tion of the tariff duty on type-to the Committee of Ways and Means. 120 other citizens of Detroit, Michigan; of FrankS. Girardin and other By Mr. GOODE: .Memorial of the Cotton Exchange ofNorfolk and citizens of ·wayne County, Michigan, and of Alec M. Campan and Portsmouth, Virginia, asking an appropriation for the purpose of other citizens of Detroit, Michigan, for the passage of a law for the renewing and remodeling t.he light-house at Cape Henry, for the en­ better preservation of the food fishes of the great lakes-to the Com­ trance of the Chesapeake Bay-to t.he Committee on Appropriations. mittee on Commerce. By Mr: HENKLE: Papers relating to the war claim of Thoma.s R. By Mr. WILLI.A..MS, of Oregon: The petitions of the publishers of Johnson, administrator, &c.-to the Committee on War Claims. the Daily Albany (Oregon) Register, and of the Standard, Portland, By Mr. KEIGHTLEY: The petition of H. P. Cherry and 45 others, Oregon, for the abolition of the duty on type-to the Committee of of Lansing, Michigan, for the retention of the present duty on wool­ Ways and .Means. . to the Committee of Ways and Means. By Mr. WILLIS, of Kentucky: The petition of postal clerks, route Also, the petition of F . .A.. Stow and 101 others, of similar import­ agents, and mail-route messengers, for an increase of compensation­ to t.he same committee. to the Committee on the Post-Office and Post-Roads. By Mr. KILLINGER: The petitions of citizens of Dauphin County, By Mr. WRIGHT: The petition of John Mullen and 421 other-citi­ Pennsylvania, against any change in the tariff laws favoring there­ zens of NashvHle, Tennesse~, for the passage of the bill to facilitate duction of duties on foreign imports to the injury of American prod­ the settlement of the public lands and relieve persons out of employ­ nets-to the same committee. ment-to the Committee on Public Lands. Also, the petition of citizens of Dauphin County, Pennsylvania, a~ainst the passage of laws favoring reciprocity treaties-to the Com­ mittee on Foreign Affairs. By Mr. KIMMEL: The petition of Annie Lientand, for a pension­ to the Committee on Revolutionary Pensions. IN SENATE. By Mr. LAPHAM: The petition of John Breslin and others, for the WEDNESDAY_, March 6, 1878. amendment of the pension laws-to the Committee on Invalid Pen­ sions. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. By Mr. LIGON: The petition of D. W. Mciver, publisher of the The Journal of yesterday's proceedings was read and approved. Tnskegee (Alabama) News; of John G. Fowler, publisher of the Dade­ EXECUTIVE COMMUNICATION. ville (Alabama) Headlight and News; and of M. E. Reese, publisher The VICE-PRESIDENT laid before the Senate a communication of the Central Alabamian, Wetumpka, Abbama, for the abolition of from the Secretary of the Navy, tmnsmitting, in response to a reso­ the duty on t~pe-to the Committee of Ways and Means. lution directing the Secretary of the Navy "to transmit to the Sen­ By Mr. LU'lTRELL: The petition of Thomas L. Thompson, pub­ ate copies of any letters, documents, or statements in writing relat­ lisher of the Sonoma Democrat, Santa Rosa, California, of similar ing to the conduct of the navigating officer of the United States import-to the same committee. steamer Huron at the time of its loss, other than those contained in By Mr. MAGINNlS: Resolutions of the Helena (Montana) Board of the 1·ecord of the court of inquiry in relation to the wreck of that Trade, favoring a reasonable extension of time in which to complete steamer, heretofore transmitted to the Senate," a copy of a communi­ the l\orthern Pacific Railroad-to the Committee on the Pacific Rail- cation from Surgeon-General James C. Palmer; which was referred ro~. . to the Committee on Naval Affairs, and orderea to be·printed. B,v Mr. MORSE: The petition of the citizens of .Massachusetts, for aid from the United States Government, that they may take advan­ PETITIONS AND ME.I.'lORIALS. tage of the benefit of the homestead act-to the Coinmittee on Pub­ Mr. RANDOLPH. I present a memorial of citizens Qf New Jersey lic Lands. opposing the bill introduced by the Senator from Ca.liforni:. [Mr. By 1\fr. PEDDIE : The petitions of manufacturers of linen collars, SARGENT] entitled ''.A. bill to organize a life-saving and coast:goard &c., of Troy, New York, aud of merchants of New York City, for a service." The petition is very numerously signed, and signed by reduotio!l of the duty on linen fabrics-to the Committee of Ways large nnmbel'S of the best and most reputable citizens of that portion and Means. of the State from which it emanates. Also, the petition of Peter Cooper and others, against reviving the Mr. SARGENT. What portion of the State is that Y income tax-to the same committee. Mr. RANDOLPH. In part the coast of New Jersey, interior adja­ By Mr. POUND: Memorial of the T.-egislature of , for an cent territory, and not only these parts, but yon will hear soon from extension of time to complete the Northern P::tcific Railway-to the the upper and mountain regions of New Jersey. Committee on the Pacific Railroad. Mr. SARGENT. I have no doubt that they understand the subject By .Mr. RYAN: Papers relating to the war claim of D. W. Bout­ fully. well-to the Committee on War Claims. The VICE-PRESIDENT. The memorial will lie on the table, the By Mr. SMITH, of Georgia: The petition of the publisher of the bill having been reported. Sonthern Enterprise,·Thomasville, Georgia, for tl::.e abolition of the Mr. RANDOLPH presented the petition of G. V. White, of New dnt.y on ty11e-to the Committee of Ways and Means. York, aud others, merchants and bankers of New York and New B;v Mr. SOUTHARD: The petitions of t.he publi~hers of the Tusca­ Jersey, hold~r~ by purchase of certificates of award issued pursuant rawas Chronicle, Uhrichsville, Ohio; of the Citizens' Press, Caldwell, .to the treaty of April 25, 1866, between the United States and the Ohio ; and of the Ohio Democrat, New Philadelphia, Ohio, of similar Republic of Venezuela, praying that their property may not be de­ import-to the same committee. stroyed or taken away from them by any act of Congress which doea Also, the petition of John A. Alward and 50 other citizens of Lick­ not provide explicitly for the payment of their certificates, principal ing County, Ohio, against the reduction of the duty on wool-to the and interest, and all the certificates which have been purchased same committee. aince the date of the act of February 25, 1873, and that they may not By Mr. STARIN: The petitions of the publishers of the Radii, Cana­ be compelled to resort to the Court of Claims for compensation for joharie, New York, and of Arkell & Smith, flour-sack printers of the the appropriation of their property by the United States; wlrich w~s same place, for the abolition of the duty on type-to the same com­ referred to the Committee on Foreign Relations. mittee. Mr. HAMLIN. I find upon my desk, with the request that I pre­ By Mr. STONE, of Iowa: Resolutions of the Legislature of Iowa, sent the same, a petition of the Methodist Episcopal church, of Frank­ instructing Senators and requesting Representatives from said Ptate lin, Massachusetts, signed by the pastor, George W. Huuson, praying to vote against the bill limiting the transportation of live stock un­ for the appointment of a commission of inquiry concerning the alco­ less shipped in patent cars-to the Committee on Commerce. • holic liquor traffic. I move that it lie upon the table. Also, the petition of the publisher of the Van Buren Democrat, The motion was agreed to. VII-95 1506 CONGRESSIONAL RECORD-SENATE. MARCH 6,.

:Mr. SARGENT. I find on my desk, ~ith a similar request, the peti­ Department to another. These memorials come from many coun.ties.,. tion of the South Park church, of Newark, New Jersey, signed by some of them at the east and some of them at the west of the State-~ the pastor and officers, praying for the appointment of a commission They are signed by presidents of boards of trade, by ve sal-owners,. 'Of inquiry concerning the alcoholic liquor traffic. I am not aware of by vessel-masters, and by men familiarly taught in the need of nav­ the reason why this petition was sent to me to present it instead of igation among the worse than ocean dangers of the inland seas. '.I'hey to one of the Senators from New Jersey. I move that it lie upon the are none of them, I may say, of the character which I have heand ug­ table. gested in the case of other petitioners in thi re"::trd. I mo.v&that . The motion was agreed to. these memorials lie upon the table. o Mr. THURMAN. I present a similar petition from citizens of Wil­ The motion was agreed to. mington, Ohio. I move that it lie upon the. table. Mr. CO:l\-rrr.LING presented the petition of J. Walter t ~oL·ge- E The motion was agreed to. Hallock, and a. large number of other citizens of Long Isla.nd, New !tlr. THURMAN. I also present a petition from divers merchants, York, praying Congress to provide appropriate legislation touching: commission dealers, and shippers of live stock, of Chicago, Illinois, the liquor traffic; which was ordered to lie on the table. remonstrating against the passage of the bill now pending before :Mr. HOAR. I present the memorial of Hiram Harding and 72& Congress in reference to the transportation of live stock. I do not others, residents of the Massachusetts coast. Tbese memori-als have­ know what committee has that bill in charge, but I think it is the in nearly every ca e the occupation of the signer againsi hi& name,. Commjttee on Agriculture. and they appear to be very largely ship-masters, mariners,. fishe-rmen,. Mr. PADDOCK. That is the caee. Several memorials on the sub­ and in some instances mechanics, but they are persons who evidently ject are before that committee. know as much about the life-saving service ou that coast anu are a · The VICE-PRESIDENT. The petition will be referred to the Com­ much interested in its efficiency as any class of persons. whO> can be­ mittee on Agriculture. found. I present also a similar memoria~ signed by persons. of the­ Mr. THURMAN presented the memorial of E. Spencer Miller, Will­ same general class, from John G. Thompson and 267 others eitizen.s. iam :M. Evarts, and others, citizens of New York, Philadelphia, and of Massachusetts, remonstrating against the transfer of the lif~s:ning Boston, remonstrating against the passage of any law imposing a tax service from the Treasury to the Navy Department. 1i mg.ve tha on incomes; which was referred to the Committee on Finance. these memorials lie upon the table. He also presented resolutions, in the nature of a petition, adopted The motion was agreed to. at a meeting held by masters, mates, pilots, and engineers of the Mr. HOAR presented the petition of the First Parish c-hurch, of United States at Cleveland, Ohio, praying an amendment of the law Ashley, Massachusetts, signed by the pastor, praying for tbe appoint­ regulating the fee to be paid for issuing certificates or licenses, so as ment of a commission of inquiry concerning the alooholie liquor to reduce the fee therefor to $1; whlch were referred to the Commit­ traffic; which was ordered to lie upon the table. tee on Commerce. Mr. SPENCER presented the petition ofthe Congregational church, Mr. CAMERON, of Pennsylvania. I find upon my desk, with the of Winchester, Massachusetts, signed by the pastor, praying for the request that I present it, the petition of the First Presbyterian church, appointment of a commission of inquiry concerning the alcoholic ()f Washington, New Jersey, signed by the pastor and officers, pray­ liquor tra.ffic; which was ordered to lie upon the table. ing for the appointment of a commission of inquiry concerning the :Mr. HARRIS. I present resolutions of the Chamber of Commerce alcoholic liquor traffic. I move that it lie upon the table. of the city of Memphis, Tennessee, in the nature of a petition, pray­ The motion was agreed to. ing that the projected line of steamers between New Orleans and Rio Mr. CAMERON, of Pennsylvania, presented a resolution of the se­ Janeiro be liberally subsidized by the Government of the United lect and common councils of Philadelphia, Pennsylvania, in favor of States _and compensated for mail service. I present this paper with­ .an appropria'tion for the improvement of the navigation of the Dela­ out committing myself to its recommendation. I move its reference ware and Schuylkill Rivers; which. was referred to the Committee on to the Committee on Post-Offices and Post-Roads. .Appropriations. 'fhe motion was agreed to . He also presented a resolution of the select and common councils Mr. ANTHONY presented the petition of the Congregational church ()f Philadelphia, Pennsylvania, in favor of the improvement of the of South Danvers, Massachusetts, signed by the pastor, praying for Delaware River; which was referred to the Committee on Commerce. the appointment of a commission of inquiry concerning the alcoholio Mr. CAMERON, of Wisconsin, presented a memorial of the Legis­ liquor traffic; which was ordered to lie on the table. lature of Wisconsin, in favor of an extension of time to complete the Mr. McCREERY. I present a joint resolution passed by the Gen­ Northern Pacific Railway; which was referred to the Committee on eral Assembly of Kentucky, favming the construction of the Texas Railroads. and Pacific Railway. I ask that it be read. 1\lr. FERRY. I :find on my table the petition of the Congregational The VICE-PRESIDENT. The Chair bears no objection to the re­ . church of Quincy, Massachusetts, signed by the pastor, praying for quest of the Senator from Kentucky, and the resolution will be read. the appointment of a commission of inquiry concerning the alcoholic The Chief Clerk read the resolution, and it was referred to the liquor traffic. I move that it lie upon the table. • Committee on Railroads, as follows: The motion was agreed to. . Resolution favoring the construction of the Texas and PBcific Railway. Mr. ROLLINS. I present a. like petition, whlch I find upon my Whereas the power of the General Gi>vernment to promote the construction &i d.esk, from the First Baptist church of Winchester, Massachusetts, great national lines of communication between the two oceana has long ceased to be a question of political division; and signed by the pastor. I move that it lie upon the table. Whereas, experience has demonstrated the necessitJ of another transcontinental The motion was agreed to. railroad, both for the commercial and social converuence of the .people, and as a Mr~ TELLER. I present alike petition of the First Congregational check to the monopoly incident to a single road; and church of Falmouth, Massachusetts, signed by the pastor. I move Whereas further, the official reports show that of the 104,705,163.43 expended by the General Government between 1789 and 18iJ for railroadSy_ wagon-roods, and that it lie upon the table. canals, the sixteen Southern and border States received only $6,981,982.90, while The motion was agreed to. the Northern and Western States and Territories have received $97,0::5,761.70, Mr. DAVIS, of West Virginia. I find upon my desk this morning exclusive of land grants: a petition from the Philli~s church, of W.at?rtown, M:a~sachuset:fis, Resolved by the General Assembly of the Commonwealth of Kentucky, That our Sen­ ators in Congress be instructed, and onr Representatives requested, to nse all proper signed by the pastor, praymg that a comm1ss~on be appomted to m­ means to secure the passage of such bill or bills by Congress as will promote and quire into the liquor traffic. I move that it lie npon the table. secure the construction of the Texas and Pacific Railway as a competing line to The motion was agreed to. the Union and Central Pacitic, and as a corresponding artery for southern trade Mr. EATON. I present a similar petition from the Baptist church and travel. Resolved, That the governor be, and is hereby, requested to transmit to our Sen. ()f Danielson ville, Connecticut, signed by the pastor. I move that it ators and R~presentatives in Congreils each a copy of these resolutions. lie npon the table. ED. W.TURNER, The motion was agreed to. . Speaker of the HOUBB of R~resentatives, JNO. C. UNDERWOOD, Mr. McPHERSON presented the memorial of Levi E; Jo_hnson ~nd .Speaker of the Senate. <>thers residents along the coast of New Jersey and 1ts 1mmed1ate Approved Marek 1, 1978. vicinity and the memorial of H. A. Kennedy, M.D., and others, citi­ JAMES B. McCREARY, zens of New Jersey, remonstrating against the passage of.the bill (S. Governor. By the governor: No. 777) to organize a life-saving and coast-guard service; which J. STODDA.RD JOHNSTON, were ordered to lie on the table. Secretary of State. He also presen~d the petition of t~e Far!Ders' Lodg? of Good-Tem­ A true copy of tke original. plars, of Five Pomt.s, .N~w Yor~, o~mally s1gn~d, praymg fo~ t~e ap­ J. STODDARD JOHNSTON, pointment of a commiSSIOn of mqmry concermng the alcoholic liquor Secrewry of State. traffic; which was ordered to lie on the table. Mr. :MATTHEWS presented the petition of masters, mates, pilots, Mr. MORGAN presented the me~orial o~ James Pnrcell and.oth~rs, and engineers of the United States, holding aerti:ficates of compe­ citizens of California, remonstratmg agamst any further legiSlatiOn tency, praying an amendment of the act of April17, 1874, to author­ for the Southern Pacific Railroad without a fair consideration of their ize the employment of certain aliens as engineers and pilots, so a..s to alleged grievances as citizens of the United States; which was re­ require such aliens, applicants for renewal of licenses, to show that ferred to the Committee on Railroads. they reside permanently in the United States; which was referred to Mr. CONKLING. I pre ent a number of memorials, signed by citi­ the Committee on Commerce. zens of the State of New York, remonstrating against the passage of He also presented resolutions, in the nature of a petition, of a. meet­ the bill recently introduced by the honorable Senator from California ing of masters, mates, pilots, and engineers of Cleveland, Ohio, pray­ [Mr. SARGENT] proposing a change of the life-saving service from one ing an amendment of the act regulating the fees for issuing certifi- 1878. CONGRESSIONAL RECORD-SENATE. 1507

cates on licenses so as to fix the rate therefor at one dollar; which copies of Professor Hayden's Geological and Geographical Survey of were referred to the Committee on Commerce. the Territories for 1877, reported it without amendment; and it was He also presented the petition of Mahlon Wall and other ci~iz~n.s considered by unanimous consent, and concurred in, a..s follows: of Wilmington, Ohio, praying for the appointment of a commiSSIOn Resol-oed by the HOU8e of Representatives, (the Senate concurring,) That there be of inquiry concerning the alcoholic liquor traffic; which was ordered printed 10 000 copies of Professor Hayden's annual report of the Geological and to lie on the table. Geographi~l Survey of the Territories for 1877, 5,000 of which shall be fOr the use of the House of R""presentatives, 2,000 copies for the use of the Senate, 2,000 copies REPORTS OF COMMITTEES. for the use of the Department of the Interior, and 1,000 copies for the use of the Mr. P .AD DOCK, from the Committee on Public Lands, to whom office of the Survey. was referred the bill (S. No. 396) to amend section 2464 of the Revised BILLS INTRODUCED. Statutes, relating to cultivation of timber on the public domain, Mr. HARRIS asked, and by nnanim?us consent obt~ed, leave. to reported it with amendments. introduce a bill (S. No. 855) for the relief of Warren Mitchell; which Mr. :Mc:MlLLA..t'\T, from the Committee on Claims, to whom was was read twice by its title. referred the petition of Warren Mitchell, of Louisville, Kentucky, Mr. HARRIS. I ask that the bill be printed and placed upon the praying to have refunded to him the amount of proceeds of certain Calendar. It is the bill referred to in the minority report made this cotton belonging to him seized and sold by the Government of the morning from the Committee on Claims. United States and covered into the Treasury, reported adversely The VICE-PRESIDENT. The bill will be placed upon the Cal­ thereon. endar and will be printed as a matter of course under the rule. Mr. HARRIS. The minority of the Committee on Claims instruct Mr. .A.LLACE asked, and by obtained, me to submit a report upon this case, accompanied by a bill. I ask 'w unan~ous conserl~ le~ve to introduce a bill (S.No.856)fortherehefof John W1g~tman; whiCh that the minority report be printed and that the bill be placed on was read twice by its title, and referred to the Committee on Post­ the Calendar. Offices and Post-Roads. The VICE-PRESIDENT. The minority of a committee cannot Mr. INGALLS asked, and by unanimous consent obtained, leave to report a bill, by any precedent that the Chair is aware of. introduce a bill (S. No. 857) for the relief of E. Stillings; w~ich was Mr. McMILLAN. On the part of the majority of the committee read twice by its title, and referred to the Committee on Claims. making the adverse report, I ask that both reports be placed on the Mr. MORGAN asked, and by unanimous consent obtained, leave to Calendar. introduce a bill (S. No. 858) to amend the laws in relation to evidence The VICE-PRESIDENT. Does the Chair understand the Senator in the Court of Claims ; which was read twice by its title, and referred from Minnesota to assent to the bill for the relief of the petitioner to the Committee on the Judiciary. being placed on the Calendar, to be regarded as reported from the committee T · PAPERS WITHDRAWN AND REFERRED. Mr. McMILLAN. No, sir; not as reported from the committee. Mr. JOHNSTON. The memorial of Edwin De Leon, late United Mr. HARRIS. I would suggest to the Senator from Minnesota States consul-general in E~ypt, praying compensation ~or judicial that, as a member of the body, when we reach that order of business services rendered while actrng as consul-general as proVIded by the I can introduce the bill and. have it placed upon the Calendar, and act of Congress of August 10, 1848, was referred to the Committ~ on the minority report can go with the bill. Foreign Relations. That committee made an adverse report. Smce Mr. McMILLAN. Very well. that report was made, Mr. De Leon has presented addition~! evidence The VICE-PRESIDENT. That can be done. The Committee on on which he a-sks a reconsideration of the caF-e. The comm1ttee agree Claims will be discharged from the further consideration of the sub­ that that ought to be done. O.n behalf of the committee, I move that ject, if there be no objection. The adverse report will be printed, the ca.se be recommitted in order to hear this additional evidence. with the views of the minority of the committee. The motion was agreed to. l\Ir. CHAFFEE, from the Committee on Public Lands, to whom was On motion of .Mr. McCREERY, it was referred the bill (S. No. 20) authorizing the citizens of Colorado, Ne­ Ordered That the petition and papers of Phrebe WiLson be taken from the files vada, and the Territories to fell and remove timber on the public and referr'ed to the Committee on Pensions. domain for mining and domestic purposes, reported it with an amend­ 1 ment, and submitted a report thereon, which was ordered to be THE M GARRAHAN CLAIM. printed. Mr. PAD DOCK. I am instructed by the Committee on Public :Mr. HARRIS. The Committee on Claims, to whom was referred Lands to submit the following resolution, and I ask for its immediate , the bill (S. No. 52) for the relief of C. H. Frederick, late a lieutenant­ consideration : colonel in the Ninth Missouri Infantry, and the petition of C. H. Resolved That the Committee on Public Lan'ds, in considering the memorial of Frederick accompanying the bill, instruct me to ask that the com­ William McGarrahan, have power to send for persons and papers, to take testi­ mony, and to employ a stenographer; and that the expenses attending the same be mittee be discharged from the further consideration of the same for paid out of the contingent fulld of the Senate upon vouchers approvoo by the com­ the reason that it is a petition for an invalid pension and it was at mittee. this session referred to the Committee on Pensions and reported adversely and subsequently referred to the Committee on Claims. The VICE-PRESIDI!:NT. Is there objection to the consideration The VICE-PRESIDENT. The committee will be discharged from of the resolution at this timeT the further consideration of the subject and the bill postponed in- The Senate proceeded to consider the .resolution. definitely, if there be no objection. . Mr. DAVIS, of West Virginia. I should like to hear an explana­ Mr. PLUMB, from the Committee on Public Lands, to whom was tion of it. refeued the bill (S. No. 109) defining the manner in which certain 11-!r. PADDOCK. 'The resolution relates to a. case which has made land scrip may be assigned and located, or applied by actual settlers, the courts of the country and has made Congress a great deal.of and providing for the issue of patents in the name of the locator or trouble in time past. The part~es are now befo!e us under peculi~ his legal representative, reported it with an amendment. circumstances and ask for relief. The committee have found 1t Mr . .ALLISON, from the CommitieeonlndianAffairs, to whom was impossible to arrive at an intelligent conclusion in reference. to their referred the bill (S. No. 706) authorizing the Secretary of the Int.erior duty in the premises w~thout the authority which is here given, in to make certain negotiations with the Ute Indians in the State of order to get such evidence as is proposed. Colorado, reported it without amendment. Mr. DAVIS, of West Virginia. Let me ask the Senator if the res­ He also, from the same committee, to whom was referred the bill (H. olution comes from a committee T R. No. 1679) for the relief of Catharine and Sophia Germain, reported Mr. PAD DOCK. I have reported it, as the acting chairman of the it with amendments. committee, by the unanimous instruction of the conimittee. Mr. INGALLS, from the CommitteeonlndianA.ffairs, to whom was Mr. DAVIS, of West Virginia. Very well. referred the bill (S.No. 766) to legalize certain patents issued to mem­ The resolution was agreed to. bers of the Pottawatomie tribe of Indians, reported it with amend­ AMENDMENT OF THE PATENT LAWS. ments, and submitted a report thereon, which was ordered to be printed. .Mr. MORGAN. I offer the following resolution: Resolved That 1,000e:rlracopies of the report accompanying the bill (S. No. 300) SMITHSONIAN REPORT. to amend the statutes in relation to patents, and for other purposes, be printed for Mr. ANTHONY, from the Committee on Printing, to whom was re­ the use of the Senate. ferred a resolution to print extra copies of the report of the Smith­ sonian Institution for the year 1877, report-ed it without amendment; The VICE-PRESIDENT. The resolution will be referred to the and it was considered by unanimous consent, and agreed to, a.s fol­ Committee on Printing. lows: ~!r. MORGAN. I was about to ask, in the absence of the chairman of the Committee on Patents, [Mr. BOOTH,] that the resolution be Besolved by the Senate, (the HOU8e of B.epres&ntatives concurring,) That 10,500 copies of the report of the Smithsonian Institution for the year 1877, be printed, l,eoo passed. I am told he desires that additional copies of the report be copies of which shall be for the use of the Senate, 3,000 copies of which shall be for printed. The bill is a very important one indeed, proposing a thor­ the use of the House of Representatives, and 6, 500 copies for the use of the Smith· ough revision of the patent laws. The committee paid very great sonian Institution: Provided, That the ~e:gregate number of pages shall not ex· attention to the subject, and a great deal of argument was heard ~d five hundred, and that there be no illustrations except those furnished by the Smithsonian Institution. upon it from lawyers from diffe~ent parts of the country. The object 1 of printing extra copies of the report is that not only members of the HAYDEN S REPORT FOR 1877. Senate but other persons who may be concerned in the bill may ob­ Mr. ANTHONY, from the Committee on Printing, to whom was tain information. I therefore a.sk the immediate consideration of the referred a resolution of the House of Representatives to print extra resolution at this time. "1508 CONGRESSIONAL RECORD-SENATE. MARCH 6,

The resolution was considered by unanimous consent, and agreed to. this town. So the inhabitants of it believe and so they aro convinced; Mr. ANTHONY subsequently said: I wish to call the attention of and for the purpose of avoiding this they have gone to this company, the Senator from Alabama to an order which was passed on his motion have asked them to construct this road and to accept this aid. to print some extra copies of a report. It is a very small matter, but Th~ members of thls corporation are citizens of our own State, as I the Senate has no power to order extra copies without a reference of mentioned yesterday. They are men who have devoted tl.Jeir lives the re olution to the Committt>.e on Printing. It is not merely a rule there to the building up and improvement of that portion of the of the Senate but it is an act of Congress that all motions to print country. Their interests are identical with all that country; and it additional copies shall be referred to the Committee on Printing. is for the purpose of further developing and conferring greater ben­ Therefore, it is necessary to rescind the order and refer it to the com- efits upon this com~unity as well as sharing in them on the part of mittee. · the company itself that this aid is asked. Now, it will be ob erved Mr. MORGAN. I offered the resolution at the request of the chair­ by the Senate that there is no power here conferred upon the Terri­ man of the Committee on Patents, who informed me of the necessity tory to issue bonds nor to authorize any corporation wit bin it own of the action of the Senate. limits to issue bonds. It is restricted solely to permittingthiR corpo­ The VICE-PRESIDENT. By unanimous consent, the order made ration to accept the bonds which may have been issued. this morning will be deemed reconsidered and the order referred to Mr. THURMAN. It has words that are prospecth e, that would the Committee on Printing. include bonds hereafter voted, would thev not' Mr. ANTHONY. The committee will consider the matter. Mr. McMILLAN. It has words that are prospective. Does the WORTHINGTON AND SIOUX FALLS RAILROAD. Senator object to those words t Mr. THURMAN. Certainly I do. Tho VICE-PRESIDENT. If there is no other business of the morn­ Mr. .McMILLAN. If so the bill may be amended in that regard, ing hour the unfinished business is the bill (S. No. 106) to authorize because this company has no desire to do anything but to accomplish a long bond for the investment of savings. the purposes of this community and it is willing, so far as it can, to . Mr. McMILLAN. I ask that during the rest of the morning hour make any arrangement whatever and consent to any amendment to the Senate take up Senate bill No. 528 which was under considera­ this bill. The bill was drawn generally in this way for the purpose tion at the adjournment of the Senate last evening. I think it can of presenting it to the Senate, believing that no harm could result be disposed of in a short time. from it from the fact that the powers are all limited by the road pro­ Mr. WALLACE. I have no objection to consuming the remainder posed to be constructed. The powers are qualified by the use in con­ of the morning hour by the consideration of that bill; but when the nection with which thev are to be exerci~;ed-the construction of a. morning hour shall have expired I shall insist that the untinished busi­ road from Worthington· to Sioux FaJls City. ness be proceeded with. Mr. INGALLS. May I interrupt the Senator a moment to ask him Mr. SAULSBURY. I will say to the Senator from Minnesota that a question for information T I think the bill which he has in charge will lead to debate. I under­ Mr. Mc.MILLAN. Certainly. stand there are Senators who intend to discuss the question, and the Mr. INGALLS. I want to know the distance from the west line of probability if) that we shall not be able to dispose of it in the morning Minnesota to Sioux Falls. hour. . Mr. McMILLAN. Fifteen miles. Mr. McMILLAN. I think we can get through with it before the Mr. INGALLS. I wish to know further how many miles of road end of the morning hour. I have sufficient confidence in the merits are now in operation from Worthington westward. of the measure to feel assured that the Senate will perceive its merits Mr. McMILLAN. The road is constructed to Worthington. and pass it within the time allowed during the remainder of the Mr. INGALLS. What is the distance in operation, the number of morning hour. · miles in operation f · Mr. SAULSBURY. I shall not object if the Senator thinks we can .Mr. McMILLAN. I do not understand the question of the Senator. get through with it. Mr. INGALLS. I find in Poor's latest Railway Manual under the The VICE-PRESIDENT. Shall the remainder of the morning hour head of" Worthington and Sioux Falls Railroad" that this line of be devoted to the consideration of the bill named by the Senator from road extends from Worthington, Minnesota, to Sioux Falls, D..tkota, Minnesota t a distance of one hundred miles, and that there were in operation Mr. THURMAN. The Senator from Illinois, not now in his seat, when this manual was published, from Worthington to Luverne in [Mr. DAVIS,] indicated yesterday afternoon a wish to address the the State of Minnesota, a distance of thirty-four miles, which woul

The CHIEF CLERK. That portion of the section, as amended, reads: Mr. McMILLAN. No, sir; it was to build a road between these That the said company is authorized to accept to its owa use any grant, dona­ precise points, from the State line of Minnesota. to Sioux Falls. It tion, or aid which may be granted to or conferred u].)On it by any corporation, body­ was not voted to this particular organization. politic, person, or persons. Mr. CHAFFEE. The amount of bonds which have been voted are Mr. WINDOM. As I have the floor I will proceed with some other now proposed to be diverted from t.he purpose to which they were suggestions I wish to make. On line 8 of section 3 I move to strike voted to another corporation. out the words " loan, power, franchise" and insert the word '' or." Mr. McMILLAN. No, sir; not to another corporation nor·for an­ The amendment was agreed to. other purpose, but to a particular corporation for the same purpose Mr. WINDOM. Also in the same line I move to strike out, after specified in the action issuing the bonds. the word " aid," the words " or assistance." Mr. WINDOM. If the Senator from Colorado will read the proviso The amendment was a·greed to. . in the bill he will find "that no such bonds, donations, or aid shall be Mr. WINDOM. Also in line 10, between the words ''donation" and issued and delivered to any company except at the time and upon the "aid," I move to insert the word " or." conditions relating to the construction of the road named and speci­ The amendment was agreed to. fied in said original grant or vote." Mr. WINDOM. And to strike out the words "or assistance" after . Mr. McMILLAN. It is very distinct. t'hem. Mr. SAULSBURY. I said yesterday that this kind of legislation The amendment was agreed to. was to my mind very objectionable, and subsequent reflection has Mr. WINDOM. On lines 11 and 12 I move to strike out the words confirmed me in that opinion. The proposition contained in t.his third " or shall hereafter be." section, as I understand it, is to tran~fer to a foreign corporation, a Mr. McMILLAN. That is the amendment I first offered. corporation chartered under the laws of Minnesota, certain ri"hts and The amendment was agreed to. privileges and grants which were authorized by the Legisl~ture of Mr. WINDOM. I think if Senators will examine the section now Dakota to be made by certain counties or towns in that Territory in they will find that it is not liable to objection. aid of a railroad. That is, if I understand the proposition, the Legis­ Mr. INGALLS. And in line 19 the words" or may hereafter" should lature of Dakota authorized a certain town or county there to issue be striken out. bonds in aid of a railroad, of course to be constructed ill contempla­ Mr. WINDOM. I have noted those words to be stricken out also ; tion of the people of the county. The proposition of this bill is that and I move to strike them out. the aid which was authorized under the laws of Dakota to be extended The amendment was agreed to. by the town or county to a corporation creatc£1 under the- laws of Mr. WINDOM. The amendment offered by the Senator from Mis­ Dakota shall be transferred to a corporation existing not under any souri [Mr. COCKRELL] has already been agreed to. Now, with the law of the Territory of Dakota but under the general laws of the State amendments which I have offered and the amendment of the Senator of Minnesota. To my mind that is very objectionable. How do we from Missouri, I think the Senate will find no objection to the bill. know that the Legislature of Dakota would have authorized a town Let the Clerk read the section as amended. or county in that 'ferritory to ~ne bonds in aid of a railroad to be Mr. THURMAN. What amendment of the Senator from Missouri constructed by a. corporation formed under the laws of the State of was adopted f I did not hear any. Minnesota in the first place, and how d!l we know that the authorities Mr. WINDOM. It can be.read. The Clerk can report it. of the county or town would have issued those bonds in aid of any Mr. McMILLAN. Requiring the assent of the corporation to the other road than that which was controlled by the citizens of the transfer. county themselves f The VICE-PRESIDENT. The section, as amended, will be read. These are to my mind grave objections to this proposition; but I The CHIEF CLERK. The third section, as amended, now reads : confess that I have other objections to this whole species of legisla­ SEO. 3. That the said company is authorized tD accept to its own use any Jn'llllt, tion. It is proposed by this bill to authorize a corporation existinoo donation, or aid which may be granted tD or conferred upon it by any corporation, under the laws of Minnesota to enter upon and condemn lands in th~ body-politic, person, or persons ; and said corporation is authorized to hold, enjoy, Territory of Dakota, an organized Territory. There have been Jaws and use, with full power of disposition, such grant, donation, or aid tD its own enacted by Congress which have authorized corporations to enter benefit, for the purpose aforesaid. And any bonds, donation, or aid which, under the laws or authority of the laws of said Territory, may have been voted or granted upon pnblic lands in Territories that were not organized. I believe to any railroad company for the co11struction of a railroad from the west line of that was the case in reference to the Southern Pacific Railroad. It Minnesota to or into said village of Sioux Falls, by any county, town, village, or was authorized to extend its road across public lands not in the organ­ other municipal or political division or corporation of and within said Territory, may be transferred to said Worthington and Sioux Falls Railroad Company, its ized Territories. But this proposition is to authorize a corporation successors or assigns, by said company, for or to which the same shall have been existing under the laws of Minnesota to extend its road across lands granted or voted, with the consent and agreement of the legally authorized officers under the jurisdiction of an organized Territory, which is a very dis­ of such county, town, village, or other municipal or political division or corpora­ tinct thing from authorizing it to go across public lands which are tion of and within said Territory ; and ttpon such transfer it shall and may be law. fnl for the proper officers of such county, t{)wn, villagE.', or other corporation or di­ not organized into a Territory. vision to grant, issue, donate, and deliver the said bonds, aid, or assistance directly Then there are other questions connected with this matter which and in the first instance tD said Worthington and Sioux Falls Railroad Company, this bill does not provide for. If this road shall be carried under its successors or assigns, without further authority, act, or ceremony whatever; this bill into Dakota, it will not exist there bv virtue of the author­ and the same in the hands of said last-named company, its successors or assigns, shall be a-s valid and effectual as if granted, given, and delivered tD said company ity of the Territory nor by authority of any State that shall hereafter for which the same were originally granted or voted: Provided, That no such bonds, be formed out of the Territory of Dakota. It will have an inde­ aid, donation, or assistance shall be issued and delivered tD any company except at pendent existence, independent entirely of the Territory or State of the time and upon the conditions relating to the construction of the road named Dakota after it shall become a State; and that will bring up another and specified in said original grant or vote. question which ought to be considered, whether if that should bo Mr. INGALLS. To make the bill harmonious the words "or as­ the case, the Territory or the State, as the corporation does not exist sistance" should be stricken out in lines 23 and 30 of the section. by its authority or by its permission, can subject it to the tax laws Mr. WINDOM. I have no objection to that. of the Territory or the State which may be formed out of it. The VICE-PRESIDENT. That modification will be made, if there Mr. McMILLAN. The Senator will allow me to state to him that be no objection. the Senator from Massachusetts [Mr. HoAR] has presented an amend­ Mr. CHAFFEE. I desire to ask the Senator having this bill in ment which provides expressly for that purpose and avoids the objec­ charge how much has been voted by the Territory to this company. tion of the Senator from Delaware entirely, if there is anything in it. Mr. McMILLAN. I cannot state positively the amount, but be­ Mr. SAULSBURY. I was not aware that such an amendment had tween fifteen and twenty thousand dollars has been voted, not by the been offered to the bill, but I think we had better let this matter Territory but by the town of Sioux Falls. rest, let the Legislature of the Territory meet and authorize this com­ Mr. CHAFFEE. Fifteen or twent.y thousand dollars a mile t pany to come 'into the Territory and to construct its road in the Ter­ Mr. McMILLAN. Fifteen or twenty thousand dollars in the aggre­ ritory. Why should we be in such haste and use such expedition f In gate for the whole :fifteen miles. the course of nine months the Legislature of the Territory will be in Mr. CHAFFEE. The proposition then is that this amount voted session and they can express the will of the people of that Territory. is to be turned over to this other company without the consent of the Mr. McMILLAN. The Senator will allow me to make a suggestion voters. to him. We expect to have this road completed long before that, if Mr. McMILLAN. No, sir. The amendment of the Senator from this action shall be had. Missouri requires the assent of the corporation granting the aid. Mr. SAULSBURY. It may be built, and it may be an advantage Mr. CHAFFEE. The assent of the officers of the county or village when it shall be built. I am not saying it will not be; but I am only is required, but not of the voters, as I understand, or of the corpora­ saying that Congress ought to be careful in legislating on matters of tion to which it was voted, the Senator from Ohio [Mr. THURMAN] this kind, and especially as the territorial Legislature will meet in suggests to me. nine months, when it can give expression to the will of the people of Mr. McMILLAN. If the corporation will consent to it, these offi­ the Territory. In my opinion, Congress ought not to be in great cers representing their communities willcex:tainly carry out their views. haste to legislate in this matter. I hope, therefore, that this bill will I do not see that.the matter need be submitted again to a Yote of the be voted down, and let the Legislature of the Territory intervene and people where the people have voted for the precise purpose. The express its wish in reference to the subject. I know that it is very vote was for the very purpose of building this particular piece of frequently the case that one Legislature hastily does what a subse­ road and no other. quent Legislature would not ratify. Let us see, when the next Legis­ Mr. CHAFFEE. As I understand, it was to build another road, lature of Dakota shall meet, whether they will be willing that a cor­ and now it is proposed to turn it over to this specific road. poration whic.h does not exist under any antho1·ity of the laws of the 1878. CONGRESSIONAL RECORD-SENATE.

Territory shall be extended into their Territory. I would p~efer that Mr. WALLACE. No; I think it is likely to occupy all the after­ that privilege should be reserved to the people of that Temtory. noon. The VICE-PRESIDENT. The question is on the motion of the Mr. WINDOM. I am sure the good nature of the Senator from Senator from Ohio to strike out the third section of the bill. . Pennsylvania cannot be appealed to in vain. Mr. KERNAN. I desire to inquire whether the Legislature of this Mr. W .ALLACE. That is proverbial. Territory has ever been authorized by act of Congress to make tJ:!.ese Mr. CHAFFEE. Ionlywant to remind the Senator from Texas of donations to railroads! Has any act heretofore passed authonzed the law which now authorizes the legislative power of the Territories. them to do itf Mr. MAXEY. I will state to the Senator from Colorado that I Mr. McMILLAN. I am unable to answer with reference to specific think the statute to which he refers is not so broad as he supposes. legislation; but I pr~sume t~ locality has been authorized b~ the Mr. CHAFFEE. Section 1851 of the Revised Statutes read~: . Territory to make this donatwn, and under the laws of the ':f'emtory The legislative power of every Territory shall extend to all rightfulsubjectB of they have made it. This bill only confers power to accept It. legislation not inconsistent with the Constitution and laws of the United States. Mr. KERNAN. I infer from the bill that the municipality has at­ There being no law of the United States to prevent a territorial tempted to create a debt on it to aid this rpad. My question is, has Legislature from authorizing the issue of bonds for this purpose, they Congress ever authorized a territorial Legislatur~ to give ·any such have the authority so to do, and the courts have decided that they power T If not, it seems to me they have not got It. have that authority in numerous cases, some that I remember from Mr. CHAFFEE. Congress has never authorized any Territory to the Territory of Iowa, even to the authorizing of the issuing of bank­ do it specifically. They take it as an inherent power under their fun­ notes by banks. damental law. Mr. MAXEY. I will state to the Senator that conceding the con­ Mr. KERNAN. All I want to say is that I do not wish to sanction stitutionality of a thing does not prevent an inquiry as to whether that inherent right by any act of Congress. If they have any inher­ it is expedient. ent rirrht to allow the majority to tax the minority I have nothing to Mr. CHAFFEE. I was talking about the law. I think there is do with it; but this third section if they have got no such right from great doubt about the propriety of authorizing territorial Legisla­ Congress would merely recognize the right and impliedly sanctio~ a tures to do that. donation made without right. Therefore I should be opposed to It. Mr. HOAR. If there is any likelihood of the bill going over, I ask 1\Ir. McMILLAN. Mr. President, if we can have a vote on this bill that the amendment I offered yesterday may be adopted, to which let us have it. I think the matter is fully before the Senate. there is no objection in any quarter. Mr. MAXEY. The question asked by the Senator from New York, The VICE-PRESIDENT. It is not an amendment to the third sec­ [Mr. K.ER..~AN,] and very pertinently, ~as in effect the same which I tion. had the honor to ask the Senator from Ohio [Mr. THURMA.J.~] yes­ lli. HO.A.R. No; but if the bill is to go over, if there is no objection terday. It has been settled, I believe, by the Supreme Court of the to adopting my amendment as a seventh section, as I may not be here United 8tates that legislation of a State authorizing towns, cities, to-morrow when it comes up, I should like to ask the Chair to put and counties to make appropriations for railroad purposes is valid that question now. legislation; but that proceeds upon the idea that the constitution of The VICE-PRESIDENT. The amendment suggested by the Sen­ a State is one of limitation and not of grant, and that all powers not ator from Massachusetts will be reported by the Secretary. prohibited by the const_itution of a State or of the U:nited Sta~es_are The CHIEF CLERK. It is proposed to insert at the end of the bill exercisable by the Legislature of the State. In this case this IS a the following : Territory; it is not a State; it has no inherent power of legislation, SEc. 7. Said corporation shall hereafter be su"Qject, so far as relates to that por­ as was suggested by the Senator from Colorado, [Mr. CHAFFEE.] Its tion of its road within the limits of Dakota, to all laws and regulations made by the power to legislate at all is a power which it derives from its act of territorial Legislature of Dakota or ita successors. organization. The VICE-PRESIDENT. Is there objection to this amendment Mr. TELLER. Allow me to interrupt the Senator a moment. proposed by the Senator from Massachusetts T The Chair hears none, Mr. MAXEY. Not just now. The power which it has to legislate and it is agreed to. The question is now on the motion of the Senator is derived from its act of organization, that is to it a quasi consti­ from Ohio to strike out the third section of the bill as amended. tution. The Legislature of a Territory is simply a Legislature with The motion was r~jected; there being on division-ayes 20, noes 24. granted powers, nothing else; and it has no power, in my judgment, The VICE-PRESIDENT. The next question is on the amendment to legislate upon things which it is not authorized by the act of. its of the Senator from Missouri, [Mr. CocKRELL,] which will be reported. organization to legislate upon, or by some general ad of authoriZa­ The CHIEF CLERK. After the word "Territory," in line 7 of sec­ tion of Congress. tion 5, it is proposed to insert: Second, this third section has been well amended so far as the amend­ .And said company shall constantly keep an officer or agent at Sioux Falls, in said ment goes by the senior Senator from Minnesota, [Mr. WINDOM,] but Territory, upon whom process may be served. as it stands it still contains tho inherent vice, in my judgment, of that Mr. McMILLAN. I have no objection to that. section as it originally stood. What is that Y Congress does in this The amendment was agreed to. section recognize the right of a territ.orial Legisln.tnre to authorize · Mr. THURMAN. Now I move the following as a further section to counties, cities, and towns to vote the bo-';ld~ of t~e people and tax~ the bill: tion upon the people for the purpose of building railroads. Mr. Presi­ That Congress may at any time alter, amend, or repeal this act. dent, the entire history of the Northwest and of the Western States in their zeal, their anxiety to procure railroad connection with the rest Mr . .McMILLAN. I accept that amendment. We have no desire of the world is lamentable evidence of the impolicy and unwisdomof to avoid any power of Congress. that entire system of authorizing by Legislatures counties, cities, and The amendment was agreed to. towns to vote upon the people taxes for railroad purposes. The docket Mr. INGALLS. I move to strike out the preamble. It recites an of the Supreme Court of the United States is crowdtJd with cases com­ untruth. It declares that the railroad is being operated from the line ing up from towns and cities and counties in the West and Northwest of the Sioux City and Saint Paul Railroad to the west line of the endeavoring to get rid of the effect of their hasty and ill-considered State. The Senator from Minnesota says it is not so. acts in voting upon themselves these bonds. I do not know it to be Mr. ALLISON. That motion is not in order now. true, but I understand from the public prints that the State of Min­ Mr. WINDOM. I am not positive as to the fact, but there is no nesota is not precisely sound upon this same question. objection to striking out the preamble if it is offensive to the Senator. Sir, we are the guardians of the Territories; a Territory is in a con­ Mr. INGALLS. Let it be stricken out. dition of pupilage; and if we have before us the evidence of the un­ The VICE-PRESIDENT. The body of the bill has not been dis­ wisdom of States doing these things-States over which we have no posed of. Are there further amendments to the body of the bill t If control because they have the constitutional power to act for them­ not, the Senator from Kansas moves to strike out the preamble. The selves in matters of that kind-why should we allow it in Territories question is on that motion. of which weare the guardians T Wherever Congress authorizes this, The motion was agreed to. when Congress gives to this Territory the power to continue this un­ The bill was reported to the Senate as amended, and the amend­ wise legislation, loading the people with taxation, it is sanctioning ments were concurred in. that which we know by experience is impolitic and unwise. Mr. Pres­ The VICE-PRESIDENT. The question is on ordering the bill to ident, if this kind of legislation is to be sanctioned let it be done be engrossed for third reading. hereafter by Dakota when Dakota comes in as a State, but do not let The question being taken, there were on a division-ayes 27, noes 15. Congress recognize this character of legislation by a territorial Legis­ The bill was read the third time, and passed. lature in a. condition of pupilage. PRINTING OF A REPORT. For these reason Mr. President, and believing that the question of Mr. THURMAN. Mr. President, I ask unanimous consent of the the Senator from N0w York is entirely pertinent and leads to the true Senate to offer o. resolution for printing additional copies of the report solution of this matter, that the Legislature of a Territory should be No.lll madebytheCommitteeontheJndiciaryupon whatisknown limited in its legislation to the nature and character of its act of or­ as the Pacific Railroad funding bill, and also that it shall contain a ganization and such other legislation as Congress may pass in respect copy of the substitute reported, that that shall be connected with to that Territory, I shall oppose this bill. the report in the subsequent print. I make this motion because of Several Senators addressed the Chair. the applications made to Senators and especially to members of the Mr. WALLACE. I shall have to ask that this bill go over. Judiciary Committee for copies of the proposed bill and of the report. Mr. McMILLAN. May I appeal to the Senator to delay a few min­ I do not know how many would be proper, but I should sup]JO e about utes ~ I think we shall come to a vote soon. 500 copies. I offer a resolution to print 500 copies of this bill and 1512 CONGRESSIONAL RECORD-SENATE. MARon 6, report in connection, and ask that the resolution be referred to the specifying that it was payable in coin orin anything else than money, Committee on Printing. and I am opposed to this Government to-day issuing any obligation The VICE-PRESIDENT. The reference will be made. payable in any other than money, dollars and cents. I want the Gov­ LIQUOR TRAFFIC COMMISSION. ernment to deal with all just as private citizens deal among them­ selves. Let it promise to pay so many dollars and cents, and let those Mr. DAWES. Mr. President, the chairmfi.ll of the Committee on doll:~rs and cents be the dollars and cents of the rich and poor in the Finance (Mr. MoRRILL] gave notice that he would call up for action country of all classes, and whatever kind of money will pay debts to-day the bill reported from· that committee to appoint a commission and is dollars and cents will then be the equivalent of the amounts to consider the question of the sn.le of intoxicating liquors. I have expressed in the bonds. a note from him saying that he is too ill t o be in the Senate to-day, The VICE-PRESIDENT. The question i~ on the amendment of but hopes to be here to-morrow and do to-monow what he gave notice the Senator from Missouri. he would do to-day. The amendment was rejected. _ LONG BOND FOTI. SA VL."\GS ~"'VE TME~T • 1\Ir. SAULSBURY. I desire to call the atLantion of the Sen:1tor Mr. WALLACE. I call for the regular order. from Pennsylvania to the provision commencing in line 7 of section 1: The VICE-PRESIDENT. The unfinished busines is the bill (S. Not exceetling $100,000,000 of coupon bonds of the United States, of the denom­ No. 106) to authorize a long bond for the investment of savings, which inations of twenty-five, fifty, and one hundred dollars, and of equal sums of each is before tho Senate as iu Committee of the Whole. of said denominations. Mr. WALLACE. Perhaps it would be well that the bill should be It seems to me that there is no neces ity for issuing 25,000,000 of read a~ain. twenty-five-dollar bonds. It would make a vast number of bouds. Mr. COCKRELL. I desire to have the bill read at length. A less amount of tho e smaller bonds, it strikes me, than one-fourth The VICE-PRESIDENT. The bill will be read at length as it has of the whole sum issued might be sufficient. A vast number of been amended. con pons will be u.tt::wheu, as they run for fifty years. I think it will The Secretary read the amendment reported by t.ho Committee on be found embarrassing to have that number of twenty-five-

The VICE-PRESIDENT. The question is on the amendment of the people of Franco' sat on the curbstone all the night to get one the Senator from Missouri, which will be read. bond of forty francs. The CHIEF CLERK. The amendment is to make the latter part of Mr. EATON. Each. the fourth section read: Mr. CONKLING. I commend his exactness. A..nd the coin received for such bonds shall be applied to the redemption of out­ Mr. EATON. It was doubtless as exact aa the statement of the stan din"' bonds of the United States, which are redeemable, and bear the highest Senator from New York was correct; let the two go together. There rate of interest of outstanding redeemable bonds. may have been some ten-dollar bonds sold in France; bot where there The amendment was agreed to. was a person who purcha-sed one bond of that character doubtless there Mr. EATON. Mr. Prestdent, I am in favor of the general principle were one hundred who purchased bonds of a larger amount. Now I of this bill, but I am not in favor of its details. The professed object have another answer to my friend, and that is this: if the workingmen of the bill is to enable a class of our population, not the wealthier and workingwomen of France who get one or two francs a day desire class, but the working class, to invest in United States securitie their a bond of $10, so be it; but the working men and women of the United money. It is proposed gravely on the floor of the Senate of the United States, whose wages range from fifty cents to $2.50 and $5 a day, do States to pay to the working man and working woman of the United not require to deal in any security of that character; and that is an . States a less amount of interest than wo are willing to pay to the answer to my honorable friend from New York, which he will doubt­ capitalists of Europe. That principle in the bill is vicious and false. less well digest and understand. I say again what I said before, I would suggest to my friend from Pennsylvania that instead of read­ take a thousand bonds for sale, five hundred at 25 and five hundred ing as tho bill now does, "that in lieu of thn.t amount of 4 per cent. at $50, and in my judgment the five hundred at $50 will be sold when bonds of the United States authorized to bo issued by the act of July there will be four hundred of the twenty-five-dollar bonds on hand, 14, 1870," those words be st1·icken out, and further amendments be unless two bonds at a time are taken. I know I am correct so far as mad~ so as to make the bill read: the people of my own section are concerned; I believe I am correct The Secretary of the Treasury is hereby authorized and directed t{) issue a sum so far as the people of the United States are concerned. not exceeding- I should be glad to see this bill pass when put into proper condi­ ! would say two hundred millions rather than one hundred millions tion. I never will vote for a bill that gives to the people of my State, of dollars- if they desire to invest their hard earnings in tho securities of the of the denomin.ations of :fifty, one hundred, and two hundred dollars, and of equal United States, a less interest than I am willing to pay the capitali~ts sums of each of said denomlnations, redeemable in coin after forty years from the of Europe; I will not make the distinction that way; if I make it date of their issue. any way it will be in favor of my own people. In the first place, I would !rive to the working man and working Mr. BAYARD. Let me make a suggestion to the Senator. He woman of the United States the same interest that I would pay to the suggests t~o amendments : first, that we shall increase the rate of capitalists of Europe. I would make theso bonds of a less amount interest to 4 per cent. than such bonds as would ordinarily be carried abroad for purposes Mr. EATON. I made suggestions, not amendments. I have moved of sale or negotiation. I think $50 better than $25 a.s the minimum. no amendment. Then thero is another object that I have in view, and that is this: Mr. BAYARD. He proposes that the interest shall be at least 4 very many of the savings-banks in the United States, if t.his interest per cent., and that the minimum bond shall be made fifty instead of is put at 4 per cent., would invest in these bonds. They can invest twenty-five dollars. In the first place let it be noted tb:~.t this is a in these bonds and yet pay 5 per cent. to their depositors, because fifty-year bond, and if the same rate of interest is offered on a fifty­ taking a savings institution of $10,000,000, it would have $1,000,000 of year long bond that we now offer on our bonds at thirty years, I ask these bonds at 4 per cent., while it would have assets of real estate who will take the thirty-year bonds when he can get the fifty-year paying 6 per cent., and therefore it would be enabled to pa;r its depos­ bonds at the same rate Y Is it not plain that the long bond will be itors 5 per cent. You will find, if this bill is altered in the manner in the more favored of the two Y And it is impossible for us to dispose which I suggest, that the savings· banks of the United States will be of a bond payable in thirty years at the same rate of intere~t, at the glad to take up limited amounts of these bonds. I know that just same price, as a fifty-year bond bearing 4 per cent. interest. beiore the session of Congress one of the savings societies in my city .All these matters were subjects of discussion and consideration in purchased two hundred and fifty thousand dollars' worth of the 4 per the committee; and it waa there believed that the advantage to be cent. bonds. derived to the smaller investors, for whose protection and ·advantage I cannot consent, as one of the Representatives of the State of the bill mainly wa.s designed, was so much greater when they were Connecticut, to undertake to force bonds upon the people of my State allowed to invest not only in small sums, but to have registration at a less interest than we are glad to negotiate bonds with capital­ made with facility for the original investment a-s well as for every ists abroad. It is not right; it is not just. That there is a large assignment of it, that under the rule which applies as well to the amount of money in the United States that could flow into the Treas­ savings of the poor as to the capital of the rioh, the long and steady ury of the United States for the purpose of redeeming that class of bond would be a preferred security ; and therefore the bond at 3.65 securities alluded to in the amendment of my honorable friend from per cent. interest payable in fifty years was deemed equivalent in Missouri, I have no doubt. I did not have any doubt of it the other market value to a bond paying 4 per cent. payable in thirty years. day, in the silver discussion; I have no doubt of it now. · Then with the additional advantage of the subdivision of the bonds My honorable friend from Pennsylvani:\ informs the Senate-and I enabling them to be sold easily, and easily registered and easily trans­ am very glad to hear it-that there are 20,000,000 that will seek ferred, great facility and great protection at the same time were given investments in this security in the State of Pennsylvania alone. If to the very class of people in whose interest the bill is proposed. there be $20,000,000 in the State of Pennsylvania that will seek It will also be observed that these bonds are intended to be issued investment in Government securities, I say let us pay the people of in lieu and stead of part of the loan authorized by the law;- of 1870. Pennsylvania what we pay the capitalist of Euro~e. I cannot vote It is therefore for the purpose of preventing any new confusion, any for this bill as it is now. new discrimination in the construction of the language of this law .Again, the twenty-five-dollar bond is obnoxious to me. I under­ and the other, that we have kept them in all respects as to what they take to say, I believe I know it to be so, that there will benobodyin are to be paid in and how they are to be paid, subject to the language the United States who desires a Government security that will not which authorized the refunding of the debt in 1870. I therefore sub­ desiro as much as $50. I see my friend from Missouri smiles. I do mit with all respect to my friend from Connecticut that it would be not mean that he or I would not be glad to have somebody give us a not in the line of favor to those whom he desires to help, if he were twenty-five-dollar bond. I hope I made myself understood, that· to make this loan so much more preferable to the thirty-year loan as there is nobody in the United States who desires to purchase the it would be if we raised the interest to the same rate, 4 per cent. public securities of the United States that would desire a less bond Mr. BLAINE. May I ask the honorable Senator from Delaware at than a fifty-dollar bond. That is what I mean to say. what point his proposition bas its limit' He says that if yon enlarge :Mr. CONKLING. Will my honorable friend allow me a moment Y the period tb.:'tt the bond is to run through, you may decrease the rate Mr. EATON. With a great deal of pleasure. · of interest. Where and when does that principle stop Y The Senator, Mr. CONKLING. How does it occur, in France for ~xamp1e, that I understand, says that a 4 per cent. bond for thirty years is no more great numbers of people like a bond which costs and promises only desirable than a 3.65 bond for fifty years. Where does that principle fifty francs, which is about $10; and how does it occur, as it does stop! sometimes and did on a recent occasion of which I was a witness, Mr. BAYARD. I do not think it can be called a principle at all. that men and women sit on the curbstone hours, a large part of the Mr. BL.AINE. Where does that impression in the financial market nights, in order that each may have his or her turn in getting a bond which governs the sale of bonds stop What is its limit-T of only $10, and bearing a very cheap interest Mr. BAYARD. I believe it will be found in the practical result of Mr. COCKRELL. How mnch interest t What is the rate of in­ experience and that persons engaged in the investment of money terest! would prefer the stability which a long loan would give them at a Mr. CONKLING. · Sometimes 3 and a fraction, and sometimes 4 low rate rather than a higher rate of interest and a short loan. per cent. Where the line·of time runs, what number of years is the limit, I do Mr. EATON. I will answer my honorable friend from New York. not suppose can be accurately stated ; but the honorable Senator I In the first place, if he is advised of the fact that the good people of think would either apply his own experience or take the general France sat all night on curbstones for the purpose of getting one opinion of men connected with loans and the investment of money, bond of forty francs he has information that I do not possess. and be would find that they would give more for a long bond than Mr. CONKLING. The honorable Senator's statement is that all they would for a short one; and that ha-s constantly been before us 1514 CONGRESSIONAL RECORD-SENATE. MAROH 6, as a. question of economy in the arrangement of the funding of our a fifty-year bond, while I agree entirely with my honorable friend ·national debt. In Great Britain I believe there is no date of redemp­ from Maine and so far as I have been able in conversation with men tion and it is understood they are able to negotiate their bonds better in whose judgment I have the utmost confidence. I still further because of their stability, which is a large element of value. agree with him that a. thirty-year bond will in the United States bring Mr. BLAINE. They tested it to its extreme, when they found that as much as a fifty-year bond, and in many respects it is more prefer­ the lowest point which can be reached is about 3 per cent." I think, able. The time is long enough. But I propose that this bond should if the Senator will allow me to answer my own question, that the be forty years because the other 4 per cent. bond is thirty years. I limit is that of about a. generation. I think the experience of the confess if we had no issue of bonds at thirty years, I would rather this financial markets has been that, unless you make a consolidated bond should be a thirty-year bond than a forty-year bond, and it will bond which is interminable, when you reach a generation you have bring just as much money in Georgia, or Mississippi, or Nonh Caro­ reached the full period of time which the elongation will produce lina, or Connecticut at thirty years as it would at forty year . in the reduction of interest ; and therefore I most differ with the I am very desirous that this measure should pass in proper shape. honorable Senator in his belief that increasing the time from thirty I am so desirous for two reasons : first, I would be glad to see some to fifty years would enable the Government to reduce the rate of of the 6 per cent. bonds brought home that are abroad and let our interest. I do not think the two bonds piaced side by side in the own people invest in our securities in a small way. I would be glad London market would have an appreciable difference. You will have to do that, but in doing it I am not willing to do inj nstice to the labor­ to make them an interminable consol to get anything of advantage ing man and the laboring woman of the United States. when yon go beyond the life of one generation. My friend from Delaware thinks this is not for the savings-banks, Mr. BAYARD. I will only submit this to the Senator from Maine, but for the people. It is not for anybody in particular as against that I have lieard this matter discussed by men whom I call practi­ savings institutions. Thero are now on deposit in the savings-banks cal investors, dealers in money aud in securities, and I never heard a of the United States $1,200,000,000 ; and hero is a. little matter of doubt that a bond that had fifty years to run was worth more per se $100,000,000 that is going to take the place of savings-banks I There than a bond that had but thirty years to run, and that therefore it are nearly a hundred millions deposited in my own little State of would bear a lower rate of interest and yet sell for as much. Connecticut alone. To-day the deposits in that State are 0,000,000; Mr. BLAINE. Of course that argument very rapidly becomes redu&­ in Massachusetts, over 200,000,000; in New York, if my memory tio ad absurdum, because if a 3.65 bond at thirty years brings par, a serves me, over $300,000,000; in New Jersey a very large amount. three percent ought to be for one hundred years, and very soon if you This issue of Government securities will not take the place and drive give a thousand-year bond you may get the money for nothing in the savings-banks out. way of interest l ' I sincerely hope that my friend from Pennsylvania will make this Mr. BAYARD. There are very few things that cannot be reduced change. I shall be compelled to move the amendment. I ha.u much to an absurdity if pushed to a great extreme. I have heard it applied rather that the Senator who has the bill in charge would look at it to the irredeemable currency of the United States, that if you shall with the same eyes that I do than to offer an amendment. issue irredeemable paper and give it full value by a declaration of Mr. WALLACE. Mr. President, the bill in its present form is the value, you will find that there is not much of a difference in value be­ result of the consultations of the Finance Committee. For myself tween a counterfeit and the true money because neither having any I have very little feeling on the subject. My judgment does not co­ value per se or in se, neither having a date of redemption, it matters incide with that of the Senator from Connecticut in regard to the not whether it is falsely issued or issued under the form of law. But length of the bond. I think a fifty-year bond-indeed it was origin­ there is this admitted fact, that stability is an element of value in ally a sixty-year bond..:...will stand higher in the market than a thirty­ investment. There is also another fact to be considered,-the conven­ year bond bearing the same rate of interest. The debate on the ience of computation. Three and sixty-five one-hundredth dollars funding act, of which this is to be a part, demonstrated pluinly that per annum upon a hundred-dollar bond gives a penny a day interest; at that time Senators on this floor took this subject into considera­ and it was considered that the class of people for whose advantage tio~, and very serious efforts were made to make the bonds run, ·in mainly this bill was designed would be benefited by that. Taking place of thirty years, fifty or sixty years, and the arguments then all these things together we agreed in committee that now was a adduced and the quotations then cited demonstrated very plainly to favorable opportunity to allow the poor people of this country to put my mind that a fifty-year bond will stand higher in the market t.han their savings in a safe place; that the convenience they would have a thirty-year bond. My judgment accords with the bill as it stands. from the small amounts of these bonds, the power of registration, the As to the rate of interest, I confess that the ease of calculating the power of assignment, would be so advantageous to them that they interest on the amounts named in this bill inclined my mind to 4 per would seek this investment. It was not designed for the savings­ cent. rather than 3.65 per cent., or any fractional rate, and hence I banks; it was for the people who put their money usually in savings­ drew the bill originally in that form; but the Finance Committee banks and who might desire to be protected against the tender mer­ acted differently, and directed me to report for a 3.65 bond. As I said cies of some of these institutions which we lately have seen the bad when I originally spoke to the bill, I have no special preference as to conduct of. these details. Whatever the Senate may prefer to do I shall be c.:m­ Mr. BLAINE. My advices from sources similar to those of the Sen­ tent with. I shall be ~lad, therefore, if the Senator from Connecticut ator from Delaware has referred to financial men, have been that will test the sense of· the Senate on his proposition by an amendment with the generality of investors the desire is to have something of on which we.can divide. long time, but still within a time which in its terms will happen Mr. BLA.INE. I should like to ask the honorable Senator-it is within the life of the investor or his immediate heir. Something that rather a question that I ought not to ask, for I ought to have read it goes far beyond that has not been considered very salable on account more carefully-does he provide for quarterly or senii-annual coupons t of the extreme time. That is my judgment; and I quite agree wii!h Mr. WALLACE. Semi-annual coupons. the Senator from Connecticut that if this bond be made salable and Mr. BLAINE. It will divide itself into impracticable fractions. popular the interest should be higher than the bill proposes. I am Mr. WALLACE. It does ; and therefore, as I said, I preferred a 4 very anxious that the measure which the Senator from Pennsylvania per cent. bond. bas advocated with such zeal and ability shall be laid before the Mr. BLAINE. I hope the Senator will give us the advantage of people. I think it is a very desirable measure, and I think it is due his leadership in favor of 4 per cent. to our people, and I think it is due also to the success of the experi­ Mr. WALLACE. I say the question is one that the Financo Com­ ment that we shall offer them the very reasonable interest-and a very mittee passed on, and the bill is before the Senate, and it can be settled low one it is-of 4 per cent. on a division by the Senate on a motion to strike out and insert. Mr. BAYARD. Let me put this question to the practical sense of Mr. BLAINE. Will the Senator, from Connecticut permit me to the Senator from Maine: To-morrow would he having 10,000 to in­ make that motion as an amendment to strike out " 3.65" and insert vest prefer to subscribe to a fifty-year bond at 4 per cent. or a thirty­ "4 7" He occupies the floor, I believe. year bond at 4 per cent. Y Mr. EATON. Certainly, I shall be very glad; but let me say to my Mr. BLAINE. I should prefer the thirty-year bond for the simple friend that in the first place in order to make the bill perfect there reason that there is a. possibility that I might live thirty years to should be stricken out the third, fourth, and fifth lines, so that it shall realize the principal, but there is no probability according to the ex­ commence to read: pectations of life-tables of the insurance companies that I should live The Secretary -of the Treasury is hereby authorized. -fifty years. I would exactly apply to myself what is the rule in the financial markets. I say to the Senator from Pennsylvania, if there The question should first be tried on that, and then my idea is that be a difficulty such as t.he Senator from Delaw~re suggests of giving there should be a sum not exceeding $200,000,000. a longer bond and thereforeatoogreatcompetition between this loan Mr. BLAINE. That is a matter of detail. I think we shoulu first and the one already out_, I would take this at thirty years, and I vent­ settle whether the interest shall be 4 per cent. Up to this time we ure this prediction th:1t if thirty years be inserted instead of fifty have never been able to negotiate a bond below 4 per cent. interest. there will not be one dollar less subscribed to the loan between the We have thought that we did a great deal in securing a considerable two oceans. loan, placed this last year, at 4 per cent.; but I believe it has not been Mr. EATON. I believe my friend from Delaware rose some half continued with very great success. Now the feeling of the public hour ago to ask me a certain question, but I really have almost for­ mind, which the Senator from Pennsylvania has wisely taken advan­ gotten what it was. However, in the cvurse of his argument he call~d tage of, is that of distrust of savings-banks ani other institutions this a fifty-year bond. My friend from Pennsylvania will remember which have proved somewhat unsound and unreliable, and popular that my suggestion was that it should be a forty-year bond and not prejudice at present is against them. ~ow should we take advantage. 1878. CONGRESSIONAL RECORD-SENATE. 1515 of that to coerce the people of this country, (for it is that, they are the English people will not invest in th~ir own securities at over 96 looking now for the Government to offer a. loan into which they can to 97 per cent. place their savings,) is it the fair thing toward the American people Mr. SAULSBURY. I ask the Senator what is the rate of interest that we should coerce them to take a lower rate of interest than we in his own State 7 have ever been able to get from any person else T It will operate in .Mr. COCKRELL. The rate of interest in Missouri depends upon just that way. If you put this bond at 3 per cent. some savings would the condition the borrower is in entirely and ranges from 4 per cent. go into it, and some at even a. lower rate of interest than that. But to GO, if the necessities of the individual force him to pay that. The is it not the f::tir thing that we shall give to our own people at least legal rate of interest is 6 per cent. ; 10 per cent. can be contracted for the lowest rate of interest we have ever been able to get in the markets in writing. · of the world Y I move that "3.65" be stricken out as the rate of in­ Now, Mr. President, I am opposed to issuing additional obligations terest and '' 4" per cent. inserted. of this Government, bearing a higher rate of interest than other gov­ Mr. EA.TON. Before that motion is put I desire to say one word ernments are paying upon their bonds. I say that the securities of which I forgot to say to my friend from Delaware. He spoke of 3.65 the United States are in infinitely better investments than the secur­ per cent. being a. cent a day and therefore very easy to calculate. ities of England or any other nation on earth, and I say when we There is hardly anybody in the United States that holds a bond of place our bonds upon the market at the rates of interest which other $100 the interest of which is payable once in six months at 4 per nations are paying they will be taken not only by our own citizens cent. that will not very easily multiply his one hundred by two. but by the citizens of other countries. We have to-day $678,227,15() My own impression is that if you allow 4 per cent., which is 1 per of bonds, Recurities of the United States, redeemable by law~ They cent. quarterlv, 2 per cent. semi-annually, and 3 per cent. for nine consist of six items of indebtedness, four of which bear 6 per cent. months, and 4"per cent. in the year, all people who have been to "the interest, ana the other two bear 5 per cent. interest. All these bonds little brick school-house under the hill'' will be very apt to count can be redeemed to-day. They are redeemable at the pleasnre of the the interest without any trouble whatever. Gov-ernment, and I believe that in a very short time it will be the Mr. BLAINE. A..nd the Senator will see in furtherance of what duty of this Government to redeem them and redeem them in bonds he is saying that it is impossible to pay the coupons of this loan at not bearing over 3 or 3t per cent. interest. 3.65 per cent. without either overpaying or underpaying. The coins England has been held up to the American people by the Senator of the United States cannot pay such a coupon. They cannot pay a from Connecticut and other Senators as the great head ~enter of na­ majority of the coupons that will be upon these bonds. You are tional honor. England commenced with her indebtedness at 6 per absolutely issuing a loan that you have not the coin to pay the coupons cent., and she has reduced it to but 3 per cent., and the reduction has with, and there are vulgar fractions to be calculated every step. been almost exclusively or to a very large extent in the hands of the .Mr. SAULSBURY. I agree with the amendment of the Senator party who originally held the bonds and has continued through. from Maine, because in my opinion it will be impossible to sen any Mr. EATON. Will my friend allow me to ask him a question f large amount of these bonds, even one-quarter of what is provided in Mr. COCKRELL. Certainly. the bill, 25,000,000, at 3.65 per cent. We have now some 3.65 bonds Mr. EATON. When did I ever say anything about the national on the market with coupons, and I believe they are quoted at le~ honor of England f When f · than eighty cents on the dollar. While I favor a low rate of interest Mr. COCKRELL. I st..11ted that England had been held up as an and believe the rates of interest in this country are entirely too high, example to ns, the English government as an example to us. I think and that it would be much better if the rates in all the States in this the Senator held it up in his speeches. Union were lower, I do not believe that while we are offering bonds Mr. EATON. I said it was the greatest commercial nation on earth. at 5 and 4t and 4 per cent. we shall be able to dispose of any large :Mr. COCKRELL. Oh, yes; and its honor was so great as a. com­ amount of these bonds at 3.65. -mercial nation, and it was held up by the side of the United States to This is another objection: if a person invests his 25 or $50 or $100 cast opprobrium and disgrace on the attempt of Senators on this :floor in a bond bearing but 3.65 per cent. interest it is not probable he will to get the issue of the silver dollar. want to retain that personally or in his until it falls due. He Mr. EATON. To debase the currency. may want to dispose of it. Now, when he comes upon the market to Mr. COCKRELL. To debase the currency, the Senator says. sell a 3.65 bond, it will become the property of some man who has Mr. EATON. That is true; it was. money Jmd who knowing that he can buy a bond bearing 4 or 4! or Mr. COCKRELL. To appreciate the currency, to honor the law 5 per cent. interest will not give the face of this bond bearing only and the people, and t-o enforce the rights of the people. the rate of 3.65. So the party who invests in the 3.65 bonds will have l\Ir. President, in 1881 we shall have $772,761,700 in obligations to submit to a shave upon the bond for which he has paid the par w:hich will be redeemable at the pleasure of the Government. Two value. classes of these obligations, one amounting to $189,000,000 and odd, I think the true interest of the class of persons who are to be bene­ the other to 75,000,000, are bearing 6 per cent. interest; the other fited by these bonds is that the rate of interest should be equal at $50S,OOO,OOO bear 5 per cent. interest. We have $200,000,000 of obli­ any rate to that of the lowest bond now quoted on the market, 4 per gations maturing in 1891 bearing 4t per cent. interest, and then some­ cent., and I shall therefore vote for the amendment of the Senator thing like $75,000,000 maturing in 1907 bearing 4 per cent. interest. I from Maine. say that this Government and the tax-pay~rs of this country cannot Mr. COCKRELL. I hope the amendment will not prevail. I would bear this enormous burden of taxation at the rates of interest we much rather have the rate of interest 3 than have it 4 per cent. If are now paying. Gentlemen speak of the legal rate of interest in the I had the money, as the Senator from Delaware has asked the ques­ different States being higher than this amount. Yes, and the prop­ tion, I would invest it in such a bond rather than invest it in many erty is subject to taxation and is subject to loss and to destruction. other securities. There are some peculiarities connected with these These incidents do not attach to the bonds of the United States, and bonds which make them more valuable than the rate of interest they I am opposed to striking out of this bill the 3.65 rate and inserting 4 bear. They are exempt from taxation in like manner as those in per cent. I would much rather see it 3 per cent. Now give the peo­ place of which they are issued, and those in place of which they are ple of this country an opportunity of subscribing for a 3! or 3.6l) per issued are exempt from all taxes and dues on the part of the United cent. bond. Gentlemen here assert they will not do it. I do not States, on the part of every State and of every county and every town believe them; with due respect to them, I do not believe a word of and municipality. They are beyond the reach of the tax-gatherer; what they assert in that matter. It is only a. matter of prophecy, it they bear none of the burdens of this Government; and where prop­ is only a matter of prediction, as t.o what the people will do. erty is taxed from 1 to 2 per cent. these bonds are then worth from 1 to 2 Mr. SAULSBURY. I ask the Senator if it is not a. matter of pro­ per cent. interest above the amount specified upon their face because phecy on his part when he says he believes they will do so. they get that exemption. If the taxation is 2 per cent. in the hun­ Mr. COCKRELL. Just the same as the Senator's prophecy exactly. dred dollars, and if the bond is bearing 4 per cent. and is exempt from Now, what harm is there in giving them an opportunity? I ask the taxation, it is equivalent to 6 per cent; and a 5 per cent. bond would Senator from Delaware have the people of this country no rights f be equivalent to 7 per cent., and a 3 per cent. bond would be equiva­ Are the people of this country entitled to the privilege of subscribing lent to 5 per cent., and there are many places in this country where for the national debt at 3.65 interest f The Senator from Delaware the taxation is equal to that. and the Senator from Connecticut say, "No; we will not permit them The Senator from Delaware [Mr. SAULSBURY] and the Senator from to do that; they, the poor people of the country, who want to place Connecticut [:Mr. E.ATON] are protesting that th~ people will not take their savings beyond the reach of danger, shall not have the privi­ the bonds, and the Senator from Delaware has quoted here before lege of subscribing to a 3.65 per cent. bond, but we will raise the in­ the Senate the price of the District of Columbia 3.65 bonds as bonds terest to 4 per cent., and then the hundred or the hundred and fifty of the United States, bonds which ought to have been wiped out of mHlions invested in the savings-banks in Connecticut and the Eastern existence because of the frauds in their conception and in their issue States will come in and take it up and the laboring people spread and which have been tainted with it all the way through and bear throughout the length and breadth of this country will have no op­ that upon their face to-day, and be baa compared them with the bonds portnni ty of subscribing for this loan." They never have been given of the United States when your 4 per cent. bonds are above par sell­ an opportunity of subscribing for Government bonds throughout the ing for 5 and 6 per cent. more in the London market than the Eng- length and breadth of the country, and now when they ask the pri vi­ lish consols bearing 3 per cent, interest. . lege of having small bonds, bonds within the reach of their property We are paying to-day an interest upon our national debt which no and their income, in which they may invest with security, we are other nation pays, and the United States securities to-day are com­ met by the same power we have generally beeR. met with, saying, manding in the English market from 4 to 7 per cent. premium, when "No; the people shall not have that privilege; we will not give them 1516 CONGRESSIONAL RECORD-SENATE. MARCH 6, the privilege of taking a 3.65 per cent. bond, but we will make it a cents. We shall have then a law, and a contract corresponding with 4 per cent. bond." I say give the people an opportunity; give them it, and both calling for money, lawful money, whatever money Con­ a chance. No harm will be done; not a. particle of injury will result gress under the Constitution has the right to issue in payment of its to anybody. The Senator's constituency in Connecticut will not be obligation. I fail to see any point that the Senator from Massachu­ injured by it; the constituency gf the Senator from Delaware will setts attempts to make upon that. not be injured by it; no harm can be done; and why, I say, shall the Mr. EATON. My friend shook his finger at me just now when he people be denied this opportunity f The Senators say the people will spoke of ninety cents. I beg to say to my honorable friend from Mis­ not invest in such bonds. Give them an opportunity and -we shall souri that I have got through with that matter; I got beat. see whether they will or not; and then we shall see who are the Mr. COCKRELL. I am glad to see that the Senator acknowledges it. prophets. Mr. EATON. And I do not think it is quite up to the Senator's l\1r. President, I shall oppose this proposition, and I am opposed to usual standard that he should shake his finger at a beaten man. the other provision in tho bill which makes this bond redeemable in Mr. COCKRELL. I take it all back, Mr. President. I never did coin. I want to see the time come when the word "coin" will not that in my life. I was shaking my finger at some other Senator who be recognized in the statutes of this country, when there will be one voted for the silver bill, and the Senator from 'Connecticut thought money and only one money, and that shall be for all alike. I shall it was toward him. vote for no law making a. discrimination. From the adoption of our We have a perfect right now, in the incipiency of these bonds, to Constitution till1862 I defy any Senator to point to a law upon our say in what manner they shall be paid. As I said before, I want no statutes which used the word "coin" in describing dollars and cents. distinction. I want them payable in money, so many dollars and It is not to be found there. Tho Senator from ~cut, a stick­ cents, and leave Congress in the exercise of its constitutional power ler for State rights and the old halcyon days of the past, is now will­ to declare the money in which they shall be payable. I have not yet ing to trample under his feet the legislation and the history of se.,­ upon this floor expressed any opinion upon the constitutional powers enty-five or more years and to inaugurate and carry on a new era in of Congress in regard to that question; but I say when we ma.ke a which a. distinction shall be made between the moneys for the rich bond payable in money, it will be payable in whatever money Con­ and the moneys for the poor. Coin I I say strike that word out and gress under the Constitution bas the right to issue. let these bonds be redeemable in that money which the Congress of Mr. KERNAN. Mr. President, I hope the word c: coin" will not be the United States, in the exercise of its sovereign power, shall dPclare stricken out of the bill. The bill has been perfected in the belief to be the lawful money of the United States. Trust to the honor of that it was wise and right to make a security in which persons hav­ the nation; trust to the honor of the Representatives of the States ing small savings·could invest them safely, by way of a bond at a and the representatives of tbe people in the congressional districts, lower rate of interest than any bond we have ever issued. All the and let ns have money, lawful money, and make these bo-:1ds paya­ present bonds are by act of Congress payable in coin, and I think we ble in that alone. should make the bond which we issue with a view to enable those I hope, Mr. President, that the motion to strike out "3.65" and in­ of moderate means to invest payable the same as the others. '!'he sert "4" will not prevail. . bonds issued before 1869 were pledged then to be paid in coin; those Mr. HOAR. Mr. President, I do not precisely understand what obli­ issued under the law of 1870 were made expressly payable in coin; gation of honor, consistently with the principles of the Senator from and I think we should make these bonds the same as our other bonds Missouri, will rest upon the Government of the United States. He in that respect. argued with great ingenuity a. few day ago that the understanding The Senator from Missouri says, truly I believe, that prior to 1862 of the person to whom the bonds were issned had nothing to do with there never was a specification in the law in what tho bond shonld the obligation. He argued with equal ingenuity that the quality of be payable; bnt be will remember tba.t prior to 1862 there never was money received for bonds bad nothing to do with the obligation as any money known to t.be laws of the United States except coin. to its payment. Now be proposes that Congress shall issue a bond to Now, that there have been laws making something else money, and be paid in snch money as Congress shall see fit or have a mind to pay the courts ha.ve held those laws to be constitutional, I think in regard in when the bond is payable, and he says the bondholder must trust to this secmity which we expect will be iesued to our own people at to the honor of Congress when the bond becomes due. According a low rate of interest, with a view to the investment of small savings, to his argument now and his argument the other day, we should have we should use the same language existing in th~ law of 1870. I hope, a perfect right in law, honor, and conscience to make sawdust or therefore, that in that respect this measure will be like the others, a shin-plasters or-anything else the lawful money of the Government, promise, a pledge that the bonds are payable in United States coin, and thus pay off these bonds. and not that Congress might (although I hope it would not) make 1\!r. COCKRELL. Will the Senator permit me to ask him a ques­ money having a. less intrinsic value, under the decisions which have tion I will thank the distinguished Senator from Massachusetts to been made as to paper money. point out one solitary sentence that I have ever uttered in this Sen­ Mr. SAULSBURY. 1\lr. President, I said when I was on the floor ate Chamber which even squints, directly or indirectly, at the right bef-ore that I was in favor of and would vote for the amendment of of Congress to make sawdust or anything of that kind a legal tender. the Senator from 1\Iaine, [Mr. BLAINE,] not that I have any objection, Mr. HOAR. I understand-- as the Senator from Missouri [Mr. CoCKRELL] seems to supposo, to 1\Ir. COCKRELL. Not a word of it. the debt of this country being funded at a very low rate of interest. Mr. HOAR. But the honorable Senator put into the shape of a Tho objections which I stated then were, in the first place, that in plea, or a demurrer and a rejoinder and surrejoinder, and gave solemn my opinion the object proposed by the bill would not be attained; jud~ment npon the argument urged in behalf of the bondholder that there would not be investments in a. 3.65 bond while there was agamst the people in the lawsuit which he supposed, that the United upon the markets of this country a large amount of public securities States Government were bound either in Jaw or honor to pay the bearing 5, q, and 4 per cent. interest. A second reason why I thought existing bonds in gold, denying very earnestly that the fact that the the interest ought to be more than 3.65 per cent. is that if the parties understanding of the parties to the contract that they should be paid whom this bill is intended to benefit, persons who have small savings, in gold had anything to do with the legal or honorable obligation ; invest in these honda, when they desired to realize from thorn they denying also that the quality or character of the money received from would be compelled to submit to a shave, because they would have the bonds had anything to do with it. That is left out. The Sena­ a security bearing a less rate of interest than other securities which tor says that it is the contract and the contract alone which affects were in the market. The Senator from Missouri has inuulged in a the legal or the honorable obligation of the Government, and now he long profession of attachment to the dear people of this country. proposes to make a contract to pay the bondholder in anything tba. ~ Mr. COCKRELL. The Senator is mistaken. the United States Government shall thiilk fit, and if it shall be at the Mr. SAULSBURY. My observation in life has been that the people end of fifty years proposed that having that right we exercise it by of this country genera1ly appreciate all such professions at their true paying the bonds in sawdnst, or in an irredeemable paper, or in nickel, worth. . or in anything else, how can the Senator escape the logic of his own 1\lr. COCKRELL. Will the Senator quote one solitary word that argument that we have a right to make such a payment Y I said to warrant that assertion Y I ask him not to misrepresent me. Mr. COCKRELL. If this Congress were omnipotent and could uo I never pretended to be the special friend of tho peoplo. anything it chose in its whims and freaks regardless of the written 1\lr. SAULSBURY. I ask the Senator to take his seat. He indulged Constitution, it might do that. The Constitution is t.lle charter, anu in a long arraignment of the Senator from Connecticut [Mr. EATON] Congress bas no powers outside of the Constitution. It is not omnip­ and myself, in which I say that he spoke of the people and of our otent, and it can only do what the Constitution authorizes it to do. I determination not to secure to the people their just rights, and he stated that under the contract and undertbe law authorizing the con­ undertook, if not in language, at least by his manner and by his tract, every one of the obligations of the Uniteu States could be paid speech, to magnify his own attachment to the dear people of this in silver coin, and I say so t

()nly about par now in gold coin. I desire to make this bill perfect in seven-thirty loan and five-twenty loan made during the war. We are order that it may meet what seems to be an apprehended difficulty making the bonds in small denominatiqns so as to be within the reach just at this moment. of persons of humble means and small savings. They are to be offered I was amazed at the honorable Senator from New Jersey when be to the people at various depositaries and public places for subscrip­ failed to give me a frank answer to my question. tion. The man who has $25 and invests is assured by the cashier of Mr. RANDOLPH. Oh, I be~ the Senator's pardon. a national bank that when his semi-annual coupon comes due he is Mr. ALLISON. The Senator said he thought I was trying to gather going to have forty-five and five-eighth cents paid to him, ::tnd the m:1n hlm into some trap by asking him the question whether he thought a 4 who invests $50 in a bond will get ninety-one and one-fourth cents. per cent. bond would be taken readily. Why, l\1r. President, we have Now, will the honorable Sen::ttor from Pennsylvania or the honorable been told in this Chamber and out of it that the action of Congress Senator from Missouri please tell me bow that is going to be paid within the last few days would have the result to depreciate the credit Mr. COCKRELL. I am not in favor of it at all, sir. I want an even .of Amm·ican securities; that we bad here by legislative action under­ payment. taken to repudiate a part of our obligation. Now, I desire in any loan Mr. BLAINE. The Senator from Missouri wants it, I believe, a little that may be provided for to show to the pn blic that the predictions downwardf - made with reference to our credit are not likely to be realized. Mr. COCKRELL. Yes, sir. Mr. RANDOLPH. Will the Senator allow me to interrupt him T Mr. BLAINE. But will the Senator from Pennsylvania, who has Mr. ALLISON. Yes, sir. the bill in charge, tell me how these coupons are to be paid t There Mr. RANDOLPH. I do not care to enter upon the discussion of .are three bonds specified. You are to issue one-hundred-dollar bonds the old and trite subject heretofore discussed; but I will say to the and fifty-dollar bonds and twenty-five-dollar bonds, so as to bring Senator from Iowa that one of the reasons why I prefer a 4 per cent. them within the reach of persons of moderate means. We are all bond now is that silver being a legal tender the 4 per cent. bond of anxious to popularize this loan, to spread it far and wide through the to-day with all the chances as to silver will be little better, as the country. Those are the three denominations, and coupons are pro­ Senator may discover in time, than a 3.65 bond payable in gold. That vided for. On the first the semi-annual coupon is $1.8'2-!; how do you is my answer to the question. · propose to pay itt Mr. ALLISON. Mr. President, I do not desire to enter into a dis­ Mr. WALLACE. Of course the answer is, practically, you cannot cussion of the silver question in any sense; but, inasmuch as the Sen­ pay the half cent. .ator from New Jersey has alluded to it, let me call to his mind the Mr. BLAINE. Practically, the Senator ::tnswers, you cannot pay it. :fact that American securities have not depreciated in the markets of On the next the coupon is ninety-one and one-fourth cents. That is the world. Every security of the United States to-day is a-s valuable a little more impracticable. You might rake up some of the old half .as it was a week before the passage of the silver bill. Although our cents that used to be coined, but a quarter cent has not, I believe, ever -.credit ba-s been hammered by newspapers and by various other means been known in this country. Then on the next, the real popular loan, which I will not undertake to name here, as the credit of no other the 25 bond, assimilating pretty nearly to the French bonds, you have nation has been hammered, yet it has withstood all this, and to-day forty-five and five-eighths cents for a coupon. Does the honorable .()ur securities stand as high and as well as they ever stood in the Finance Committee, with ::til its wisdom-! am sorry the chairman is marketS'ofthe world. Therefore, when we are dealing with this mat­ not here-propose to issue a lot of coupons in this country and put ter, let us deal with it not as though there were any new conditions, on their face that there shall be paid on these coupons forty-five and but, as we find our securities to-day the best securities in the markets five-eighths cents 7 Is it a practical, common sense way of dealing -<>f the world, let us place upon record here, if we make a law with with the American people to say that you are going to pay forty-five reference to our bonds, a statute which will enable us to refund and fi"V"e-eighths cents to a man for his money, ·or that you are going :$100,000,000 of our 6 per cent. bonds into a bond bearing a lower rate to pay nmety-one and one-fourth cents f of interest; and, if we can, let us distribute these bonds among our The 4 per cent. smoothes out in exact accordance with our coinage. own people. In that view, I shall vote for the amendment proposed A hundred-dollar bond has a semi-annual coupon of 2; a fifty-dollar 'by the honorable Senator from Maine. bond b~s a semi-annual coupon of 1; and a twenty-five dollar bond . ~1r. RANDOLPH. Mr. President, I am glad the opportunity has has a semi-annual coupon of half a dollar, payable, accountable, ..at last been permitted to Senators to say what they wanted to say easily handled, :ulapted entirely to the wants and wishes of our after the recent veto on either side of this question, and that the people. .(lebate which was practically cut off at the time the President's I want to use respectful language, but it does seem to me that it :unprinted veto of the silver bill was before us is now in order snb­ would he but little short of a flat and palpable absurdity to pa s .stantially. We may discuss that question, I understand. The Sena­ through here a bill for a popular loan which we are expecting will tor from Iowa has entered upon it, and the Senator from 1\Iis­ absorb hundreds of millions of the public debt of this country, with .souri-- forty-five and five-eighths cents and ninety-one and a quarter cents Mr. COCKRELL. Did I say a word on that subjectf on your coupons. I hope we shall give the people something which Mr. RANDOLPH. Nothing directly about the President's veto, they can understand, :1nd that we shall give them something as good unt- as we have offered in the lowest loan that has ever been taken in Mr. ALLISON. Do I understand the Senator from New Jersey to this country. :oSay that there wa-s not opportunity for a discussion of the question The PRESIDING OFFICER, (Mr. MITCHELL in the chair.) The ()TIthe day the silver bill was passed over the President's vetoY question is on the amendment proposed by the Senator from .Ma.ine Mr. RA1TDOLPH. Substantially not. The courtesy of reading the [Mr. BLATh"'"E] to strike out the words "three and sixty-five hun­ message in print was denied us. dredths," in lines 12 and 13 of section 1, and to insert in lieu thereof Mr. ALLISON. We have no previous question in this Chamber. the word "four," so as to read, "at the rate of 4 per cent. per annum." :Mr. RANDOLPH. I understand that; but I reiterate that with The amendment was agreed to; there being, on a division-ayes no copy of the President's veto before us save the written one at the 32. noes 7. ;Secretary's desk, intelligent and fair discussion of its protest and Mr. PLUMB. I propose to renew the amendment offered a short ..recommendations became almost impracticable. I made no other time ago by the Senator from Arkansas, [Mr. DORSEY,] to strike out -comment, sir. I only want to say now, without renewing profitless of lines 5 and 6, section 4, the words "at the rate at w1ich they may debate on the main question, I agree with the Senator from Iowa then stand in the market." -that if we put within this bill a rate of interest less th:1n 4 per cent. The PRESIDING OFFICER. That amendment has been passed we shall practically defeat the object we have in view. We are upon by the Senate, the Chair will state to the Senator from KansM, .agreed as to this effect, I understand. Therefore I would rather, if and is not therefore in order. necessary, have the bill delayed. I would rather have valuable sta­ Mr. PLUMB. I propose, then, to strike out those words and to tistics, which have not yet been produced in full during this day's insert the words " at par." I do this for the reason that I think the -debate, first brought forward, than have the bill acted on to-day and bill as it stands would be practically inoperative. fatally injured perhaps b_;y placing a rate of interest within the bill - l\1r. DAVIS, of Illinois. I suggest to the Senator to substitute tlie impracticable of accomphshment-. I believe that the passage of this words "at their nominal value" instead of "at par." bill would give to the people of the country, especially the poorer Mr. PLUMB. Very well. ..and provident people, a channel for safe investments that they can Mr. CHAFFEE. I ask the Senator from Kansas to insert the words .always rely upon, and a rate of interest, all things considered, com­ "at their nominal value" instead of "at par." _ pared with the interest yielded otherwise that will be deemed fair Mr. PLUMB. That is what I am doing. I accept that suggestion. to both Government and people. I am anxious the bill shall be perfect The PRESIDING OFFICER. The amendment will be reported. in all its parts. I ask, therefore, the Senator from Pennsylvania. that The CHIEF CLERK. In section 4, line 51 it is proposed to strike out he will not press the bill to a finality to-day, unless we can agree to the words "the rate at which they may then stand in the market" the higher rate of 4 per cent. interest upon the bonds. This done, and in lieu of those words to insert "their nominal value;" so as to the bonds placed among the provident and thrifty laboring classes, read: .Oovernment will have protectors of its integrity and defenders of its And shall dispose of the same at par and accrued interest for coin or for United honor better than aught else that can be had tbrough::financialsources. States legal-tenaer notes at their nominal value. Mr. BLAINE. Mr. President, I do not wish to detain the Senate The :PRESIDING OFFICER. The question is upon the amend­ from a vote, but I hope Senators will look at the practical operation ment just reported. of this bill, if it is passed, as to a matter which has been referred to Mr. PLUMB. Mr. President, these bonds are to be placed on sale !Several times, but which I hardly think is yet fully appreciated. at different points in the United States. The purpose of the bill seems We are attempting a popular loan somewhat after the very successful to be to place these bonds before the people at remote points as well 1878. CONGRESSIONATI RECORD-SENATE. 1519 as points near the subtreasuries of the United States, and thatacc?rds BENJAMIN HOLLADAY. with the general object, which istogivethewholepeopleofthe Umted Mr. CAMERON, of Wisconsin. I move to take up Senate bill No. States an opportunity to buy them. It accords with the purp?se 346, referring the claim of Benjamin Holladay to the Court of Claims. which was had in view evidently in :fixing a smaller denominatiOn The motion· was agreed to; and the Senate, as in Committee of the than has ever before been fixed for United States bonds. I ask how it Whole, proceeded to consider the bill It refers to the Court of Claims would be possible to post the two thousand and odd national banks for adJustment, the claim of Benjamin Holladay, now before Con­ in the United States as to the premium of gold above greenbacks or gress, for spoliations by hostile Indians, on his property, while carry­ the discount at which greenbacks will be on every day in the year, ing the United States mails, during the existence of Indian hostili­ so that these bonds may be sold at precisely the same premium at ties on the line of his mail-route; for property taken and used by every town and hamlet in the Unitec1 States where they may _:he offe~ed United States troops for the benefit of the United States ; and for for sale. I think for thnt reason, on account of the suggestiOn whlCh losses of property and expenses incurred in changing his mail-route, I have made it would be practically impossible for these bonds to be in compliance with the orders of the United States commanding sold at all places nt the same price. officer; and the claim iS referred to the court for adjustment, upon In the next place, we anticipate (andlhaveno dou~t that that ~n­ the :1ffidavits and orders now before Congress, and such additional ticipation will prove correct)thatlegal-tendernotes will be at par w1th testimony as either party may present, to ascertain the amount of gold very soon. I believe to-day there is only a. difference of about losses of property and expenses sustained by him, and render judg­ l! per cent. So far ns my vote goes on this and on other occasions, ment thereon. I shall not vote to depreciate the currency of the United States either Mr. PLUMB. I desire to say in regard to this bill that it estab­ with reference to gold coin or to anything else. I think it will do as lishes a precedent which I fear Congress will not care to see carried much as almost anything else we could do to appreciate the value of out to its lo~ical conclusion. The effect of this legislation of course those notes to make them receivable at their nominal value for these will be to g1vo the Court of Claims jurisdiction to hear and deter­ bonds that 'we propose to issue. They are then a convertible Treas­ mine the loss which 1\Ir. Holladay may have sustained by reason of ury note convertible money. If a man does not want greenbacks, the facts set forth in the bill and in his petition. The only thing all he ha~ to do is to put them at par in an interest-bearing security th:1t the court would have to determine would be the amount of his of the United States. That certainly will be an important step loss, not the character of it. Congress practically by this bill set­ toward making those notes as valuable as gold coin. tles the fact that this loss is one which the Government is pr::~perly . In the next place, it will eliminate from tl;lis transaction all idea of responsible for, leaving to the Court of Claims only the determinl1- brokerage. As it stands, some kind of a caJculation would have to tion of the amount to be paid. be resorted to, a calculation as the result of which the party buying It is true that 1\Ir. Holladay was a mail contractor. It is true also, the bonds, the poor man, will be to some extent at the mercy of the I have no doubt, in fact I may say I personally know, that some of bank or the institution from whom th~ bond is bought. We want, the things related in his petition with the affidavits accompanying as I understand, to put this bond upon the market in such a way that it are true, for I served during a portion of the time I was in the Army the people the men of small means, will take it, and take it readily. upon the route over which he carried the mails. But the larger por­ In order ~ do that, it seems to me we ought to give it to them for tion of the investment which Mr. Holladaymade in mules, in stations, that which they have, for the paper which the Government has put in harness, coaches, and the other paraphernalia for carrying on his out and which ought not to be discredited; and I think it would be businesB, wa& not on account of carrying the mails, but on account of a step toward discrediting the greenback to let. the clause stand as it the passengers he carried and business in which the Government of was reported from the committee. Therefore I propose to substitute the United States had no interest whatever. I have no doubt also the words which I have offered. that to a very considemble extent, if not wholly, Mr. Holladay guar­ The PRESIDING OFFICER. The question is on the amendment anteed and provided himself against loss when he made his bid by proposed by the Senator from Kansas, [Mr. PLUMB.] anticipating such things as happened. He knew that difficulties were Mr. COCKRELL. I hope that amendment will prevail. likely to occur on this route, and he no doubt arranged his bid accord­ Mr. WALLACE. Before the question is taken, I only wish to say ingly. to the Senate that the language of the section was the result of an There are, I understand, on file now in the office of the Commis­ effort to carry out the policy of 1870. Personally I care nothing sioner of Indian Affairs from $35>000,000 to $40,000,000 of claims on about what the .Senate does upon the subject of this amendment. account of depred:1tions by the Indians; in fact, embracing depreda­ If the Senate shall decide to strike out those words, I shall be con­ tions committed by probably every single Indian tribe within the lim­ tent. It would be simply enunciating a policy the reverse of that its of the United States and embracing every possible character of which the Finance Committee thought was wise. depredations that naturally result from the efforts of people to push The~amendment was agreed to. their settlements out on to the frontier and from tho endeavor to do The bill was ordered to be engrossed for a third·reading, and was business between one frontier settlement and another and between re:1fl the third time, as follows: the Atlantic and Pacific coasts. Be it enacted, the Committee on Commerce, with leave to report at any time. Mr. GIBSON. I have no objection to that. LeavingonhandJune30, 1874 ...... ·--·-···-·-·····--··-· 975 The bill was rPceived, read a first and second time, referred to the At that time the clerical force of that office was reduced to 66. Committee on Commerce, with leave to repof\at any time, and ordered The number of cases received during the year .ending June 30, 1875 ...... 20, 33~ to be printed. 21,307 1878. CONGRESSIONAL RECORD-HOUSE. 1521

Brought over ...... •...... •...... •... 21,307 dition of public instruction in tho various States and Territories: with remarks on The number of cases reported upon during the year ending J nne 30, 1875, was 15, 5~2 compulsory education and other subjects; instruction in various countries of Europe, Asia. Africa, Australia, an1l 8outh America.; education at the centennial exhilli· Leaving on hand June 30, 1875. ••.•••••• •••••••••• •• •••••••••••• .••••• ••••• 5, 765 tiorl., and other matters, a. good deal of which wa.s published in the newspapers at The number of cases received during the year ending June 30, 1876, was ... 25,406 the time to which these statements relate. The appendix contains four hundred and eventy-two pages of copiousextractsfrom the official reports of school-officers of 31, 171 cit ills, States; and Territories, much of which mi::rht have been left out or condensed The number of cases reported upon during the year ending June 30, 1876 .• 18,252 without impaiting the usefulness of the book. Then follow specia.l articles on the siudy of Anglo-Saxon, the pronunciation of Greek and Latin ; articles which, in Leaving on hand unanswered June 30, 1876 .•••••.••....••••..•••••••• , •••• 12,919 the opinion of your committee, would more properly belong to special scientific In October, 1876, the clerical force of the office was reduced to 44. journals for classical philology. The last part of the appendix contains four hun­ The number of cases received during the year ending June 30, 1877 •••••••• 20, 428 dred and twenty pa~es of statistical tables, enumerating all the schools in the country, of whatever kind and pretensions, and the most minute statistics concern­ 3.1, 347 in~ them. There is little in this book as to the best methods of developing tbe Number of cases reported upon during the year ending June 30, 1877, was .. 14,650 mrnds of the young, which we might venture to snppo!\6 sbotild be of considerable !nterest to t-be "educat-ors" of the country. Appreciating, as ~ve do, the general Leaving on hand June 30, 1877 ..•.•.•••••••.••••.•••••.••••••••••••••.••••• 18,697 mterest attached to these reports by school-officers, we regret 1ts annual increase Number of cases received from June 30, 1&77, to February 1, 1878, was ..•. 11, 913 in voluminousness and e~nse, and believe that much therein does not appertain to a pul•lication of this krnd. In fact, it would appear from some matt.ci:s con­ :ro, 610 tained thProin as if tho bureau had been a.t a loss to find material for a. voluminous Number of cases reported upon from June 30, 1877, to February 1, 1878 .••• 11, 843 report. This is a deviation from the purpose of a report of this bureau and endan­ gering its very existence. It is in the line of economy, which the exigencies of Leaving on hand unamwered February 1, 1878 ...••••.••••••••••.•••••••••. 18,767 our times imperatively demand, that the various bureaus at !.ached to tho Depart­ In the summer of 1877, 20 general-service men were added to the force, making ments of this Government should strive to decrease, and not to increase, their rx­ the total number employed 64, of whom 57 are employed on pension work. penses. Your committee hope that the House by adopting this report may give au It appears from this statement that a much larger number of cases remained on indication of its desire in this direction not to be misunderstood for the futuro. band unanswered February 1, 1878, than were on hand J nne 30, 1876, and a larger Respectfully submitted. number than were unanswered Jtme 30, 1877. 0. R. SINGLETON, Chairman, The work of the Pension Bureau is in arrears more than one year, and the com­ ANTHONY EICKHOFF, mittee believe that with the present clerical force in the Surgeon-General's Office L. M. BALLOU, applications for pensions cannot be decided and determined with that promptness Committee on Printing. demanded by the meritorious character of tbe claims. The brave and patriotic men to whom these pensions are pledged marched to the The question was on agreeing to the substitute. defense of the Government with far wore promptness than the Government now Mr. HAYES. Let me ask the gentleman from Mississippi [Mr. complies with its engagements with them. SINGLETON] the question what this edition is going to cost us; what The committee t-ecommend an addition of fotiy, for one vear, to the clerical force will these additjonal 5,000 copies of that report cost us f of the record and pension division of the Snrgeon-Genemh Office, to be employed in disposing of the arrears of applications for information in pension casts, and Mr. SINGLETON. I have it before me. I do not know what the after this is accomplished they can be employed in recopying registers and indexes, original1,900 copies cost, as I have not been able to get that informa­ many of which from·constant use are now so much mutilated and defaced as to be tion, but I have here a. letter from the Public Printer, which I will almost useless. A smaller increase of clerical force than that recommended might ask to have read. enable the pension division of the Surgeon-General's Office to dispose of the arrea.rs of cases unanswered, but it would require a proportionately longer time, and the The Clerk read the letter, as follows : committee recommend an appropriation of a snfficient amount to authorize the em­ OFFICE OF TaE PUBUC PRINTER, ploymeiJt and payment of the additional clerical force herein suggested. Wa~hington, February 28, 1878. Mr. MACKEY. I move that the report be printed, and that it be DEAR Sm: In reply to your telegram of the 27th instant, in regard to fnrnisbin"' referred to the Committee on Appropriations, not to be brought back you with the cost per thousand of the Report of the Commissioner of Education, I on a motion to reconsider. submit the following as the result of my estimate: The motion was agreed to. ~~Jofk~~~-~ ?.~:::::~::::::::::: :::::::::::::::::::::::::::: ::~::: :~g ~ MAIL LETTINGS. Paper, (forty-five-pound) ....•••..••.•..••••.••..•.•.•...•...•..•...... ••. ~12 4:l ADVERTISrnG OF Binding ....•...... •••••.•••••.•••••••••••••••••..•.•..•••••...••.••.•.• 180 00 Mr. SINGLETON.. I rise to make a privileged report. I am in­ structed by the Committee on Printing to report a bill to regulate Total. ....••..•.••..•••••.•.••• ·····-····...... 689 67 the advertising of maillettings. I ask that the bill be now consid­ If printed on fifty-three-pound it will cost $104.58 more. ered. Yours respectfully, The bill was read. A. F. CHILDS, Mr. SINGLETON. I ask that there may be read so much of the Chief Olerlo, for the Public Printer. CHARLES J. WIENER, Esq., letter of the Postmaster-General as relates to this bill. Clerk Committee on Printing, House of Representativea. The SPEAKER. The bill hardly comes within the privilege of the committee to report at any time; but the Chair does not interpose Mr. SINGLETON. Multiply that by five and it will give you the any objection if nobody else does. total cost. I ask the Clerk to read the total amount again for 1,000 Mr. CALKINS. Do I understand that the gentleman from Missis­ copies. sippi asks unanimous consent for the consideration of this bill now f The Clerk read as follows : The SPEAKER. By Rule 101 the Committee on Printing has a Total cost of 1,000 copies, f(il:l9.67. right to report at any time; but the construction given to that rule Mr. SINGLETON. Well, that amount multiplied by five will give in the Fm·~y-second Congress, a.nd which has prevailed since, has been you the cost of this edition of 5,000 copies. I wish to say that it was that that right only applies to matters of printing. with a good deal of hesitation that we reported in favor of publi~h­ Mr. BLOUNT. I must object, as this matter relates to postal serv­ ing additional copies of this document at all, for the reason that it ice. consists of eleven hundred pages, five hundred of which are statistics Mr. SINGLETON. It relates to public printing and it was referred and figures which we do not think will be useful to anybody in tha to us; it relates to the printing of ma.il contracts. world; but as1,900 copies have been printed and we would not have The SPEAKER. The Chair thinks that the bill is not within the t.o pay for composition, we determined to report in favor of printing rule, as it provides for the manner of advertising and the lettin

s now aJ!owed by law1 to wt!· _1,900 bas alrPadv been printed.. Being impressed, howo>er, ORDER OF BUSINESS. w1~h the P:OOtlca~ u~il1ty of the annual reports of th1s bureau to superintendents of mstruction. pnnmpals and owners of schools, we recommend this report to the :Mr. DURHAM. I now call for the regul~~ orde:r. f~v.orabl~ con~id.eration ?f t~e House .. It contains many statements as to the con­ 'lfJle SPEAKER. The regular order being called for, the morning dition of publicmstrucbou m tho >a.rtous sections of the country during tho year honr will now begin at tweu ty minutes before one o'clock. The first 1876 which pri>ate enterprise would probably not be able to collect as well as this business in order is the business pending at the expirc1tion of the bureau, unleEs the publi11ber of a book containin~ the flame should be willino- t-o supply gratis a.c{lpy tbert:of to awry person instrumental in furnishing them. The morning hour of yesterday, which was tbe bill reported by the geu report proper, of two hundred :mu tbirtct>n pagrs. containH a gen1\ral review of the tleman from MiRsQuri [Mr. FRANKLL'i] from the Commit tee on Pub­ progress of instruction, summaries of statistics, and statement!! concenling tbe con- lic Buildings and Grounds. Vll-9G 1522 CONGRESSIONAL RECORD-HOUSE. MARCH 6,

PUBLIC BUILDING AT KANSAS CITY, MISSOURI. Potter, Shelley, Tucker, Williams, James Powers, Stenger, Veeder, Wilson, The bill (H. R. No. 3712) to provide for the erection of a. public Pugh, Stephens, W a.rd, Wood, buildinl! in the city of Kansas, in the State of Missouri, was then read. Ross, Thompson, Watson, Wren. The bill directs the Secretary of the Treasury to purcha-se a site for, So the main question was ordered. and cause to be constructed, a suitable building, with fire-proof vault During the call of the roll the following announcements were made: extending to each story, for the accommodation of the post-office, Mr. ELLIS. I desire to state that my colleagnes, Mr. LEOYARO and custom-bouse, bonded warehouse, internal-revenue office, and other Mr. AcKLEY, are al1sent by leave of the House, and are paired. Government offices, at the city of Kansas, State of Missouri; the site Mr. HUNTON. My colleague, Mr. CABELL, is detained from the and building thereon w ben completed-the plans and specifications to Honse by sickness. If he were present, he would vote" ay." be previously made and approved by the Secretary of the Treasury­ Mr. MAISH. My colleague, Mr. STENGER, is detained from the not to exceed the cost of $200,000; provided that no part of t.he money Honse by sickness. to be appropriated for this purpose shall be available until the site Mr. CANDLER. :My colleague, Mr. CooK, is detained from the of said building shall be vested in the United States, and until the Honse by sickness, and is paired generally with Mr. MARsH, of Illi­ State of Missouri shall release and relinquish to the United States the nois. right to tax or assess said site and the property thereon during the Mr. THOliPSON. I am paired with the gentleman from Alabama, time the United States shall be and remain the owner thereof. Mr. SHELLEY. The SPEAKER. The pending question is upon ordering the main Mr. MULDROW. My colleague, Mr. CHALMERS, is paired with Mr. question on the engrossment and third reading of the bill. CoLE, of Missouri, on all questions, during the absence of Mr. CHAL­ The question was taken; and there were, upon a division-ayes 81, MERs. noes 42. The result of the vote was then announced as above stated. Mr. WHITE, of Pennsylvania. Let ns have tellers. The bill was then ordered to be engrossed and read a third time; and Mr. EDEN. I believe no q uornm has voted. being t>ngrossed, it waa accordingly read the third time, and passed. Tellers were ordered; and Mr. EDEN and Mr. SAYLER were ap­ Mr. FRANKLIN moved to reconsider the vote by which the bill was pointed. . passed; and also moved that the motion to reconsider be laid on the The Honse again divided ; and the tellers reported there were- table. ayes 116, noes 35. The latter motion was agreed to. Before the result of the vote was announced, Mr. EDEN called for the yeas and nays. PUBLIC BUILDING AT MEMPHIS, TE~"NESSEE. The yeas and nays were ordered, there being 45 in the affirmative; Mr. YOUNG. I am directed by the Committee on Public Buildings. more than one-fifth of the last vote. and Grounds to report back without recommendation Senate joint The question was taken ; and there were-yeas 164, nays 72, not resolution No.9, authorizing and directing the Secretary of the Treas­ voting 56; as follows: ury t-o cause the CllBtom-house at Memphis to be constructed of Ten­ YEAS-164. nessee marble. I move that the joint resolution be referred to the Aiken, Dickey, Jones, James T. Robinson, Milton S. Committee of the Whole and placed oti the public Calendar. Aldrich, Dunnell, Jones,· JohnS. Ryan, Mr. EDEN. Has a. committee the right to send a bill to the public Bacon, Dwi~ht, Kelley, Sampson, Baker, William H. Eames, Kenna, Snpp, Calendar without a recommendation one way or the other! DaJ.lon, };lam, Kimmel, Rayler, The SPEAKER. It could be placed on the Calendar if there was Banning, Ellis, Knott, Scales a. negative recommendation. . .Bell, Ellaworth, Landers, Scblei~her, Mr. EDEN. I understand that; but what right bas the bill in the Bisbee, En·ett, Lathrop, Sinnickson, Blackburn, Evans, James L. Ligon, Slemons, Honse at all without some recommendation T Blair, Evins, John H. Lindsey, Smalls, The SPEAKER. The committee report the joint resolution to the Bliss, J. elton, Loring, Smith, William E. Honse for the consideration of the House, and ask that it be placed :COOne. Field, Luttrell, Springer, upon the public Calendar; but they fail give it an affirmative recom­ llrid"'ea, Forney, Manning, Steele, to ]kight, Franklin. May_ham, 8tewart, mendation. Browne, Gardner, McKenzie, Stone, Joseph C. Mr. EDEN. If that is according to the rule I have no objection. Bundy, Garth, Metcalfe, Swann, The SPEAKER. If there had been a negative recommendation it Burdick, Gause, Mills ThomiJorgh, be Caldwell, Jobn W. Giddings, Money, Throckmorton, could be placed on the Calendar. The joint resolution will re­ Caldwell, W. P. Goodb, Morgan, '.ripton, ferred to the Committee of the Whole and placed upon the public Calkins, Gunter, Morse, Townsend, Amos Calendar, with the statement that it is reported from the Committee Candler, Hanna, - Muldrow, Towru.end, M. L on Public Buildings and Grounds wi thont recommendation. Carlisle, Harmer Norcross, Vance, Caswell, Harris, henry R. O'Neill, Van Vorhes, NATIONAL MUSEUM. t:latlin, Barris, John T. Page, Waduell, Mr. YOUNG. I am directed by the Committee on Public Buildings Clark of Missouri, HaJTllion, Patterson, T.ll. Wait, and Grounds to report back, with a. favorable recommendation, and Clarke of Kentucky, Hartridge, Phelps1 Walker, CoiJb, llaskell, Pollaru, Walsh, to ask for its present consideration, the bill (H. R. No. 266~) for the t:oltius, Hatcher, Pound. Welcb, erection of a fire-proof building for a. national museum. Conger·, Hayes, Price, Whito, Michael D. t:ovort, Hendee, Quinn, Wbittborne, Mr. EDEN. I make the point oi order that that billsb011ld receive Crapo, Henkle, Ra.inoy, Wij!ginton, its first consideration in Committ-ee of the Whole. Cravens, Henry, R.andolpb, Williams, .A.. S. The SPEAKER. The bill will be read, after which the Chair will t.-'rittenden, Herbert·, Rea, Williams, .Andrew rule upon the point of order. Culberson, Hewitt, .A.bram S. R{!a~an, Williams, c:. G. Cummings, Hooker, Reeu, Williams, Jere N. The bill was read. Davidson, Honse, Rice, .Americus V. Williams. Richard The SPEAKER. The point of order is made that this bill contains Davis, Horace Hubbell, Rice, William W. Will:s, Albert 8. an appropriation. The Chair sustains the point of order. The bill Davis, Joseph J. Humphrey, Riddle, Willis. Benjamin A. will be referred to the Committee of the Whole on the public Cal­ Deering, Hunter, Robbins, Wright, Denison, Hunton, Roberts, Yeates, endar. Dibrell, Ittner, Robertson, Young. PUBLIC BUILDING AT DANVILLJ!!, VIRGIYIA. N.A.YS-a Mr. YOUNG also, from the Committee on Public Buildings and .Atkins, Danford, .Tames, Pridemore, Grounds, reported a bill (H. R. No. :3717) providing for the erection naker, John H. Durham, J o:vce, Reilly, of a public building at Danville, Virginia; which was reaerton, White, Harry is no direct recomm~nda,tion nor is there an un.favoraLle expres... ion, Cutler, Hungerford, Patterson, G. W. Willits. bot the report of the committee in this case is rather in the direction NOT VOTING-56. of a neO'a.tive than otherwise. The bill is reportetl without any Acklen, Cabell, Ewing, Leonard, recomm~ndation; and the Jack of an affirmative recommendation Ba~loy, Cain, Fort, Mackey, would seem to imply a negative. Banks, Camp, Freeman, Marsh, Bayne, Chalmers, Gib ~ on, Martin, Mr. JONES, of Ohio. Some of the members of the committee wish Det!be, Chittenden, GloYer McCook, to file a report adverse to the bill. Benedict, Clark, Alvah .A. Hart. • Mitchell, The SPEAKER. The Chair will n.sk consent of the House that Bland, Cole, Hiscock, Morrison, llrentano, Cook, J" ones, Fr·ank Muller, members of the com111ittee may be allowed to tile their views npon Dutlrner Douv;las, Jorgensen, Peddie, tb('. bill to which the gentleman from Ohio refers. The Chair hearli Butler, ' Evans, 1. Newton Keifer, Phillips, no objection. 1878. CONGRESSIONAL RECORD-HOUSE. 1523

Mr. EDEN. Is there any favorable report accompanying the bill f MESSE~GER FOR FOLDING-ROOM. The SPEAKER. There is no report at all. Mr. BLAIR, from the Committee of Accounts, reported back the Mr. EDEN. I would like to make a parliamentary inquiry. When following resolution, with the recommendation that it do pass: bills are reported by a committee without any recommendation at Resolved, That a messenger be employed by the Doorkeeper to serve in the all, what position do they occupy on the Calendar! folding-room ; his pay not to exceed 1,20U a year, to be paid out of the contingent The SPEAKER. They go upon the Calendar with a notice that fund of the HollS6. no recommendation is made by the committee. Mr. WHITE, of Pennsylvania. I should like to have some explana­ Mr. EDEN. It seems to me that this is a departure from the ordi­ tion of the necessity of such a resolution. nary procedure of-the Honse. The House, in referring a bill to a com­ Mr. BLAIR. The matter has been examined by the Committee of mittee, does so in order that the subject may be investigated by the Accounts, and we think the help is neces~;ary. committee and the facts pertaining to the question, with the reasons Mr. ATKINS. Does not 'the gentleman think that $60 a month iR for or against the measure, reported to the House, so that members large enough pay for a messenger 1 generally may have the benefit of the investigations of the commit­ Mr. BLAIR. He serves much of the time as clerk. tee. It seems to me that if it is a justifiable practice to have bills Mr. ATKINS. A good many of the messengers around the Hall placed on the Calendar when they are reported back without any here do not ~et more than $GO a month. recommendation by the committee, the rules ought to be amended so Mr. WHITE, of Pennsylvanla.. I move to make it $GO a month. that the practice may be changed. · Mr. BLAIR. I do not yield for an amendment. I wish to make a The SPEAKER. When a bill is reported from a committee a re­ short explanation j;o the House. It has been represented to the Com­ port thereon usually accompanies it, and, while very often that is mittee of Accounts that additional service is absolutely necessary in not the case, any statement of the merits of the bill is reserved till t.he folding-room, and for some little time a man having the capacity the question comes up for discussion in the House. of performing many of the dnties of clerk has been employed thero. Mr. YOUNG. In order to allay any apprehension of my friend Mr. BLOUNT. We did not hear the gentleman's statement. about the bill refened to, I will state that there will be a report; Mr. BLAIR. This resolution was introduced, and referred to the possibly there may be a favorable and an adverse report. The bill Committee of Accounts. The matter was carefully inquired int-o by will be thoroughly investigated by the committee before it is acted that commit.tee. It was represent-ed by the gentleman having the on by the Honse; and, if we cannot succeed in convincing the gen­ mana-gement of the folding-room that the services of a.n additional tleman that the bill ought to pass, we shall have to give it up. messenger were actually necessary, and be has been this session, antl Mr. EDEN. It seems to me that we ought to have the best light I think during some part of the special session, in aetna] employment., that these gentlemen can throw on the bill when it is brought in, so much of the time performing the duties of clerk, ancl the 1·est of the that there may be an opportunity tn examine the question intelli­ time as a messenger about the House, about the Capitol, and in the gently before it comes up in Committee of the Whole. varions Departments of the city. He has been extremely ~:~erviceablc, Mr. YOUNG. If my friend will retire to the committee room with not only there, but a personal convenience to a very lar~e number of me or will call at my room, I will give him all the information he the members of the Honse; and the Committee of Accounts, after as wants. [Laughter.] much investigation as they were able to make, think his services ca.u­ Mr._SAYLER. There is no rule requiring a written report to be not be dispensed with. We have accordingly reported the resolution made in connection with a bill reported to the Honse. back with the recommendation that it do pass. The SPEAKER. That matter is at the option of the committee. Mr. WHITE, of PennsyI vania. Will the gentleman let me ask him Certainly the Chair has nothing to do with it. In nnswer to the point a question Y suggest.ed by the gentleman from Illinois, [Mr. EDEN,] the Chair will llr. DLAm. Certainly. suggest that even a bill coming back fr'>m a committee with an ad­ :Mr. WHITE, of Pennsylvania. How ha.s he been of service to mem­ verse report is allowed to go on the Private Calendar at the request bers of the Honse otherwise than in the folding-room T of a single member. Mr. BLAIR. He has been engaged in no other way than as serv­ Mr. EDEN. I am aware of that. ant. of the Honse. I do not think members generally know to what; 'fhe SPEAKER. So that there is no incongruity in allowing n. bill extent their districts are entitled to public documents, and t·his man to go upon the public Calendar with no report whatever. has been extremely useful and serviceable to members in collecting Mr. YOUNG. In this case and in t.he one I am about to present, I documents in this building and at the Departments. Members re­ would not have asked any departure from the course ordinarily pur­ ceive letters from their constituents asking for this and that docu­ sued in cases of this sort butforthe fact which I endeavored to explain ment, and not knowing how to obtain them, or whet.her they are yesterday, that it was necessary to have the bill in reference to the entitled to them or not, this man who is perfectly familiar with the Memphis custom-house acted on nt once. There is another bill of a subject procures the documents so desired. similar character which the committee think ought to ~ acted on Mr. WHITE, of Pennsylvania. Is not that the duty of the pages f very soon. They believe that whatever disposition is to be made of it Mr. BLAIR. The pages are only employed on the floor of the House. should be made at once. I shall therefore report the bill upon the It may not be known to all members, a.s I have already stated, to same conditions that were coupled with the measure relating to the what extent they are entitled, or their constituents are entitled, to Memphis custom-house-that is, without any recommendation and public documents of considerable value. This man is thoroughly with a request that it be placed on the public Calendar. acquainted with all the documents that have beeu pnblishOO. by t!Ie MESSAGE FROM THE PREBIDE...'!>fT, Government for a long time, and I know he baA been very stwviooable A message in writing from the President of the United States was to many members of the Honse, and to their constituents throngh presented by Mr. PRUDEN, one of his secretaries. those members, in effecting the distribution throughout the conntry of many valuable documents which have been accumulating in the LOT FOR GOVERNMENT USE, PROVIDENCE, RHODE ISLAND. Departments. Mr. YOUNG. The Committee ou Public Buildings and G10unds Mr. BRIDGES. How long does the gentleman say he has been have directed me to report without recommendation and with a re­ employed f quest that it be placed on the public Calendar, the bilJ (S. No. 2"20) Mr. BLAIR. About three months, and he is servant of the House to authorize the Secretary of the 'freasru·y to purchase a Jot of land and of any member of the· House at any time for th~t specifi~ use. for the use of the Government in Providenee, Rhode Island. - Mr. BRIDGES. Under what authority has :Qe been employed t The SPEAKER. The bill will be referred to the Committee of the Mr. BLAIR. He has not beeu employed in such way as to render Whole on the pu blio Calendar. Does the gentleman desire at any the Honse liable. His services are valuable, and they are growing future time to submit a report f more 'and more so, and it is believed they· are now indispensable for Mr. YOUNG. Yes, sir; a report will be submitted on both these the proper discharge of the duties of the folding-room. He performs measures long before they are called up. many of the duties of a clerk. The SPEAKER. Is there consent that a majority and a minority Mr. COX, of Ohio. I ask the gentleman to yield to me. report may be filed upon the bill just introduced f . Mr. BLAIR. Certainly. Mr. EDEN. Can this bill be brought back on a motion to recon­ Mr. COX, of Ohio. 1 will not question, Mr. Speaker, the necessity sider! of a messenger to be employed in the place designatea.MSed; aml also moved that the motic.m to reconsider be the Uommitt.ee of Civil Service Reform, will very soon g~ve us the laid ou the table. opportunity to act npon such mea~nrcs as he thinks necessary for the The latter motion was agreed to. genemlreform of the manner in which tho business of the Honse is 1524 CONGRESSIONAL RECORD-· HOUSE. MARCH 6~

conducted. But this man has special req1)isites fort he service which the officer in charge did not think it worth while to continuo the he is expected to render and does render, and no other man in the prosecution; but the large cases are yet on the docket for triaL employment of this House has those qualifications. As the morning Mr. HOOKER. The gentleman from Ohio is mi~:~taken in this par­ hour is abont to expire, I must demand the pre·\"ious qnestion. ticular. The suit-s, some of which were instituted in the di-;trlct Mr. CONGER. I wish to ask the gentleman a queHtion. court of the United States, few in number and1 comparatively speak­ Mr. BLAIR. I cannot yeld. I insist on the demand for the previous ing, insignificant in amount, have been dismissed at the session of question. the district court; but the large cases are in the circuit court of tho ORDER OF BUSTh"'ESS. United States, which does not sit until May; and the object of the bill was to remedy the long delay which wouhl result if the suits Mr. DURHAM. Mr. Speaker, has the morning hour expired t had to wait until the reguJar term of the court. The SPEAKER. It bas. Mr. FRYE. I voted for this bill and advocated it in the Ron e, Mr. DURHAM. Then I demand the regular order. believing it to be right. I do not propose to vote for the enactment Mr. ATKINS. Will it be in order for me to move to lay upon the of the bill over the President's veto if he has given good aoe. lf, therefore, the Go>ernment is ~OTeed to. compelled to g:o ootrial at the special term provided for by this bill the United States must be defeated for want of time and means to make preparation for the proper ORDER OF BUSINESS. vindication of its rights. Mr. DURHAl\I. I move that the House resolve itself into Commit­ The bill is therefore returned for the further considtlra.tion of Conpess. tee of the Whole on the state of the Union, and pending that motion R. li. HAYES. EXECUTIVE M.uiSION, March. 6, 1878. I desire to make the suggestion to the Honse that on yesterday even­ ing when I asked the House to limit general clebate I was not ap­ The SPEAKER. The bill will now be read. prised of some promises that had been macle to the gentleman from The Clerk read as follows: Mississippi [Mr. HooKER] and the gentleman from Colorado, [Mr. An act to authorize a SlJecial term of the circuit court of the United St.'\tes for the PATTERSON.] They are particularly interested in this timber ques­ southern district of Mississippi to be held at Scrnnton, in Jackson County. tion and desire to be heard a little longer than they possibly coul

_ The CHAIRMAN. ThP House has limited debate to two hours and nnes, including loans, amounted only to $76,000,000. Our expenditures twenty minutes, and one boor is allotted to the gentleman from Ohio. were $77,000,000, and our whole public debt bot 65,000,000. In the Mr. GARFIELD. There was not in my speech delivered on the year 18fJO the tonnage of our ships upon the seas was 5,353,868 tons, 16th of November the slighest touch of personality. I replied to which was more by 140,000 tons than in any other year of our history arguments and criticised opinions, but I was not conscious of saying before or since. Two-thirds of our imports were then carried in anything to wound the sensibilities of any gentleman. The gentle- American bottoms, as were also more than two-thirds of our exports. man from Pennsylvania [.Mr . .KELLEY] has been sometimes my an- Onr exports that year rea-ched the aggregate value of $400,000,000, tagonist but often my comrade on many a field of debate. We have which was forty-tlu·ee and a half millions more than during any pre­ St'fved together in the same committee nearly five years, and though vious year. Our imports were 362,000,000, decidedly more than any on a few subjects our differences of opinion have been marked and other year. And I make thL~ statement on the authority of David A. decisive, yet, so far as I remember, the courtesies of debate have Wells, that in 1860 we were exporting to foreign countries more Amer­ al ways been observed and the obligations of friendship have been ican manufactures than in any other year of our history. In a table unviolated. During the past month we have spent almost two hours printed on page 10 of the report of the special commissioner of the a day together in committee work, consulting on public questions. revenue for 1009, it appears that in 1830 there came to this country Nothing, therefore, could excite my surprise more than to find that, 179,000 emi~ants, 58,000 more than during the preceding year. after nearly four months of waiting, that gentleman should have As an exhtbit of the activity and industry of onrpeople, forty-eight delivered a speech of two hours and a half, which from the beginning hundred and nineteen patents were issued at the Patent Office in 1860, to the end of it was filled with the spirit of sneering, unkind per- eleven hundred more than the average number for the three years sonality, closing finally with a statement coarsely irreverent, if not preceding. ln that year we built eighteen hundred and forty-six profane, branding me as especially arrogant, conceited, and egotist- miles of railroad, a slight increase above the preceding year. The 1cal in my bearing toward my brother-members. To all that, I shall people of the United States consumed 332,000 tons of sugar in 1R57, make no reply, except simply to say this, that to a charge like that, and in 1860 they consumed the enormous amount of 4li4,000 tons; more from a gentleman whose colossal self-conceit has been the theme of than in any other year of our previous history. The mean annual pleasant jocularity among all his associates during the seventeen consumption of tea in the United States, which was 16,000,000 pounds years of his service, no man on this floor need make a reply. in t.he decade ending with 1850, was 21,000,000 pounds in the decade But i~ i~:~ of const>quence not only to me but to all those who have ending with 1860. This certainly is an indication that the people had an interest in these subjects to know whether the main statements something to buy with. concerning the financial facta on which my speech wa.s based. are From lt!31 to 1851 the cotton crop of the United States ranged from trustworthy and the conclusions are warranted by the facts . .To one mi.llion to two and one-third million bales per annum. In the these alone I shall invite the attention of the House. year 1860 it had risen to the enormous crop of 4,675,770 bales; almost I am laboring under the same embarrassment I was under on the a million more bales than were ever grown in the United States in 16th November, when I replied to some points made by the gentle- any previous year of our history. man from Pennsylvania. His speech then was withheld from the I find from the census reports that in 1850 our wheat crop was RECORD, and I was compelled to reply to it as I remembered it. And 100,000,000 bushels, and in 18GO it was 173,000,000 bushels. In 1850 now, after the speech, which was mostly if not all in manuscript and we raised 59-2,000,000 bushels of corn; in 1860, 838,000,000 bushels. tor aught I know has been many weeks ready for delivery, was read while in 1870 we raised but 760,000,000 bushels. The crop of 1860 deliberately to the House, it does not appear in the RECORD of this was 78,000,000 bushels more than that of 1870, and three hundred aml morning; and I a.m again compelled to trust to my memory of it, to forty-six millions more than that of 1850. And so with several othe! the few notes I made while he read it, and to the brief notice con- of the great cereals. The crop of barley for 1860 was three times that tained in the morning papers. .If J shall in any way misrepresent his of 1850. The crops of rye and buckwheat in 1860 exceeded those of statements the fault is mainly his own. 1A70 as well as those of 1850. I am also embarrassed now, as I was in Novembt>r, by the bet that In 1850 the value of the American farms was three and one-quarter the gentleman himself is not here, for I dislike to make reference to billions of dollars; in 1860 it was $6,645,000,000 by the census, an in­ a member in his absence. But he sat in the committee-room of Ways crease of 103 per cent., while the population increased but 35 per and !leans for two hours this morning, and he knew that I had the cent. during that decade. floor and that I must speak now if at alL The value of farming implements in 1850, was 151,000,000; in 1860, The first forty minutes of his two-honr-and-a-half speech were de- it was two hundred and forty-six millio~s-an increase of 70 per cent.; voted to overturning a proposition of mine which was incidental and while during the next decade it increased but 42 per cent. From the . not vitally essential to my argument. The line of my argument was statistics of manufactures given in the census I find that in 1850, nine this: that it wa-s generally conceded that 1860 was a time of peace and hundred and fifty-seven thousand hands were employed; in 1860, of general prosperity in this country; that there was fair employment thirteen hundred and eleven thousand. In 1850 the products of man­ for laborandfaiuemunerationforth~ laborer; thatitwasaneraoffree ufactnres amounted to $553,000,000; in ll::l60, 1,00~,000,000-an in­ banking and the volume of the currency was :W7,000,000, the largest crease of 90 per cent., while the population increased but 35 per which the country had ever had except for a brief period in the panic cent. The products of our manufactures increased in that decade year of 1857. On that statement I drew the conclusion that it was $870,000,000. But the gentleman tells us it was a year of unusual dis­ doe to gentlemen who said that we had not now enough currency to tress. show how, after all that has occurred to us in years past, the present He spoke of the condition of the iron interest in that year. Let depression of prices, which are nearly if not alto~ether as low as in me tell him what the iron and steel associations say in their report 1860, and the present non-occupation of laborers, tnree times as much for 1877. I find on page 28 that in 1860 there were brought from currency now as we had in 1860 was still insufficient. Lake Superior·to our mills in the East 116,000 tons of ore, 51,000 tons That was the drift of my argument; and upon the preliminary dec- more than in any other year of our history. larationtha.ttheyear 1860wasoneofpeaceandfairprosperitythrough- On J>age 47 of the same report I learn that the production of an­ out the country the gentleman spent forty minutes to show that 1860 thracite coal in Pennsylvania in 1860 amounted to 9,t:l07,000 tons, was one of our most distressful years, except perhaps the present, that almost 800,000 tons more than in any previous year. this country has known. In the first place he denied that it was a On page 12 of the same report I find that the production of bitu­ year of peace, and for three very curious reasons. First, because dur- minous coal and coke for 1860 amounted to 122,000 tons, which was ing the previous year seventeen men had invaded Virginia at Harper's 38,000 tons more than t.he greatest product of any preceding year. Ferry! Second, because it was the year of the rresidential election. And how much pig-iron did we produce in that year f I quote from Third, because the year afterward we had a war WelJ, if these three page 302 of the volume of "speeches and addresses" by WILLIAM D. facts prove that 1860 was not a year of peace then the gentleman is KELLEY-a speech made by him here January 11, 1870; in which he entitled to say that our currency was adjusted to a war basis during gives the product for seven or eight years; and, accordfug to his that year. But he denies my ~tatement that 1860 was a year of gen- speech, in the year 1f!!60 the total product of pig-iron in this country eral prosperity, and asserts that it was a year of great business de- was 913,000 tons. This was 130,000 tons more than the average \Jf pression. And he bases this opinion upon the fact that in 1859 there the six preceding years, yet he holds that 1860 wa.s a year of unusual was a destructive frost in some of the grain-growing sections of the distress. country; that some iron men say it was a disastrous year to the pro- This is an old debate between th~ gentleman from Pennsylvania ducers and manufacturers of iron; that therewerelargesheritf's sales and myself; a debate that we had \light years ago; when to justify in Philadelphia; and that the National Government was compelled his extreme views on the tariff (which I do not hesitate to say have to negotiate a Joan to meet its expenditures. These and the opinion done the cause of real protection more harm than the doctrines of the of Mr. Carey are, I believe, the main grounds on which he relies for extreme free-traders) it was necessary for his argument to make it overturning my position. appear that because we then had a low tariff, 18f?O was a year of great For the purpose of my November speech I might have taken the disrress. whole decade from 1850 to 1860 as the base-line from which to meas- \Ve can find ample ground for the sufficientrrotecUonof American ore the relative amount of currency needed before the war and now, manufacturers without distorting the history of our 'Country. The but I chose the year 1860 as the last year of peace preceding the pe- gentleman's position illys him open to tb.i8 dangeroo8 reply, that if the riod of war and inflation. I considered it a fact, admitted by almost low tariff anfl insufficient volume of currency of 1860 caused the nl­ every one, that 1860 wa.s a year of very general prosperity, but as the . leged distrel!5 of that year, how will he account for what he admits gentleman denies it, I will enumerate briefly a few of the grounds on Ithe great tlistress of lt:377, with a much higher tariff aud three times which I made my statement. the currency of 1860 t In 1860 the burdens of national taxation were light. All our reve- The fact is, Mr. Chairman, the decade from 1850 to 1830 was one of 1526 CONGRESSIONAL RECO;RD-HOUSE. MARCH 6, peace and general prosperity. The aggregate volume of real and per­ me to the sldh volume of Jefferson's works. I will read him a pas­ sonal property in the United States in 1850 was, in round millions, sage from one of the three long letters to Eppes, volnmo 6, page ~9: $7,135,000,000; in 1860 it was $1G,159,000,000, an increase of 12q per Capital may be produced by industry and accumulated by economy, but jugglers cent., while the population increased but 3.el per cent. Yet to suit a only will propose to create it by legerdemain tricks with paper. theory of finance we are told that 1860 was a year of great distress [Lau~hter and applause.] and depression of business equaled only by the rval between war anti war the people a paper currency which would answer their purpose if all all the outstandin~ paper should lle called in, coin be.> permitted to flow in a!!aiu the silver and the gold should be carried out of the country. The and to hold the field of circulation until another war should require its yieldin..; gentleman will find a perfect and overwhelming answer to this criti­ p~e again to the national mediwn. "' cism if he will read the tenth section of that very Jaw. It is in these From this it appears that Jefferson favored the issue of Treasury ~~= . notes to help us throngb a war; but he insisted that they should be .And be itjurllter enacted, That the bills or notes of Mid corporation, originally wholly retired on the return of peace. . malle payable, or which shall have become payable on demand in goltt and Rilver coin, shall be receivable in all payments to the United Srotes.-1 StatuteJ at Large, lUDISON. page 196. The gentleman has made quotations from Madison. I refer bim to That is, so long as the notes of tbe national banks were payable on a l~tter addressed to Jefferson, dat.ed Au(J'nst 12, 1786, in which the demand in gold and silver coin, so long, and only so long, were they evils of irredeemable paper money are strikingly stated, closing with receivable in all payments to the Unit.ed States. They were not a these words : legal tender for private debts, but only for debts due to the United Tho value of money consists in the nsM it will serve. Spocie will serve all the States, and only when they were exchangeable for coin. uses of paper; paper will not serve one of the ossential uses of specia.-MadiBon's That first bank of the United States was created by hard-monAy Wlic or pnvate debts. humblest Senator, were at that time in favor of returning to specie · payments as soon as possible, and that the law creating greenbacks W ASHIXGTON. provided for their redemption. He declared that my statement is In writing to Thomas Jefferson from Mount Vernon, under date of discredited by the whole course of the debates. His speech burned August 1, 1785, Washinbrton says: with special indignation because I mentioned Thaddeus Stevens ns Some other States are, in my ophiou, falling into the very foolish and wicked 1862 plans of omitting paper money. I cannot, however. gi'"e up my hopes and expccta­ one of the distinguished men who in believed iu acoin standard. tiDil8 that we shall ere long auopt a more jn3t and liberal system of policy. Let me read a sentence of Thaddeus Stevens, uttered in the midst of that debate: This is the opinion of John Adams: This bill is a measure of necessity, not of choice. No one would \Villingly issue I c:umot but lament from my inmost soul that htst for pnper money which ap­ paper currency not re!leemable on demand and make it a. legal tender. It i8 novor pear:~ iu some parts of the Unit~d States. There will ne E'r be any uniform rnlt>. Jf desirable to depart from the circulating medium which by the common coll8ent of there is any sense of justice, nor any clear credit. public or privatE', nor any settled civilized nations forms the standard of value. confidence .in publio men or measures, until p:1per money is done a.w :~ y.-John Let 1\Ir. Stevens's words answer the gentleman. I mentioned Mr . .Adams, 1186. HAMILTON. Fessenden, chairman of the Senate Committee on Finance. I now In the -:very letter of Alexander Hamilton to which the gentleman quote from his speech of February 12, 18b"2, on the legal-tender bill. He said: refers, on th~ s~bject of establishing a United Statea Bank, that great It proposes something utterly unknown in thls Government from its foundation ; Secretary uses these words : n resort to a. measure of doubtful constitutionality, to say the least of it, wluch has The emitting of paper.money by the a.uthoritr. of the Governm .. nt is wis ~ l v pro­ always been denounced as ruinous to the credit of any ~overnment which has hibited totheindhidu~lStat~'j by the nationaH..Jonstitutlon; aurl the ~>pirit of tbat recourse to it; * • .. a. measure which, when ;t bas be n tried by oth~r coun­ r.robibition ought not to be disregarded by the Government of tho United States. triE-s, ns it often bas been, has always proved a disastrous failure. Though paper emissions, under n general anthoritv, mi_gbt have some ath·anta,zcs With extreme reluctance ho supported the bill, but sa ill the committee was bound not n.ppbcable and be free from some disadv:mtages which are anp'icable to the "tltat an assurance should be givt'n to tbe country that it was to be resorted to liko emissions by the States sep'amtely, yet they are of a DAtm·o so liable to abuse­ only as apolicl.[; that it was what it pr::-fessell to be, bnt n t~porary m.~.asure. I :nnl itm11.y f'>en be affirmed, so certain of being abnRetl-that the wisdom of the have not heard any man express a contrary opinion, or, at least, any man who bas Government will be sh')WD in never trusting itself with the u -.:e of so seducing and spoken on the subject in Congress. * • * All the gentlemen who have written dangerous an expedient. In times of tranqiiillity it.migbthaveno ill consequence. on the subject. exeept some Wild speculatol'8 on corrency, havo declared that a~ a policy it would be ruinous to any people; and it has been. defended, as I hawe stated, This is not the opinion of a paper-money man. limply and solely upon the ground that it is to l>e a Bingle m.easure standing alone, and JEFFERSON. not t,o be repeated. * * * It is put upon tho ground of a.b11olute, overwhelming nec('SJ>ihJ. Tbe gentleman has sought to make it appear that Thomas Jefferson Mr. Sumner, wh,., supported the hill, sai1l, ''SurelY. we must all be agninAt paJl('r favored a paper currency not redeemable in coin, and he commends money, wo must insillt upon maintailling the iutegnty of the Government, and we 1878. CONGRESSIONAL RECORD-ROUSE. 1527 must aU set our faces ~ainat any proposition like the present except 3.8 a tempo­ I refer the gentlemen also to a. case in 49 N. H. reports, 434, where rary ea;pedient, rendered imperative by the exigency of the honr. * * * A rem­ edy which at another moment you would reject is now proposed. Whatever may the same expression is used. Now what will the gentleman say to bo the national resources, they are not now in reach excepfi by summary process. his taunting challenge to produce anythfog from any of the courts Reluctantly, painfully, I consent that the process should issue. .And yet I cannot anywhere calling it a forced loan f . gi'"e such a vote wit bout warning the Government a,ernment.; he is for_ced to rely on the national credit. cont-rovert. 1.'he next point which he made (and in it he develops his favorite Is not there a forced loan f Ho is forceil to rely upon the national credit. No ona supposes that these cer­ theory of finance) is this: be denies that greenbacks are a debt; tificated or notes are never to be paid; that the day of specio payment is nevt'r to be denies that they are a " forced loan," and he specially challenged return. * * * Through whatever change& they may pass their ultimate destiny with all the emphasis of which he was capable my statement that is, to be paid. they have been so recognized by the leading men at that time and by the courts. He challenges me to find any such clecision of any Now, Mr. Chairman, if the greenback was not a promise to be kept, court in the United States or of any State court, and be completes a debt-a compulsory debt-a forced loan to be paid, then these are the vehement denial by saying that if any one in 1862 bad called the declarations of the Supreme Court which have no meaning. I leave greenhacks a ''forced Joan" the statement would have been, de­ the gentleman to wrestle with the courts. nounced as the hissing of a venomous copperhead. " Now mark bow The gentleman says I misrepresented his criticism of Mr. McCol­ plain a tale sllall pnt him down." On the 4th of December, 1862, the loch, late Secretary of the Treasury; ancl. to my utter astonishment then Secretary of the Treasury, the late Chief-Justice of the United be stopped to comment on the fact that I snid he quoted three lines States, said, on page 17 of the Finance Report, that when receipts do from .McCulloch's article in the North American Review, while l.Je not equal the expenditures the Government may create a debt in says be quoted fourteen! I had not the advant.age of the gentleman's small notes, and these notes may be nsed as currency. This is the printed speech when I spoke; bot I remembered about the length of way in which t-he existing currency of the United States is Rnpplied. what he read and upon which be .first commented, and that it appeared That portion of the expenditure not met by the revenue or by loans to be about three lines. Now, this morning I had the curiosity to ox­ has been met by the issue of these notes. Debt in this form has amine his speech; and in his printed speech, which appeared after the been subst-ituted for debt in other forms. speech I made, it is just two lines and a-half, to be accurate I The Did anybody hiss Secretary Chase in 1862 as a'' venomous copper­ passage in controversy is thiR: The late Secretary said: "All the great bead" for saying that the greenbacks were a debt f financial troubles which have occurred in the United States, have been More than this. A venerable gentleman from Massachosetts-Mr. the result of the plethora of paper money; and the crisis has always Thomas-when the legal-tender bill was under debate and about to been reached when its volume was t4e largest/' And it was for this pass, said he "regarded the legal-tencler clause in the bill as in the statement that the gentleman from Pennsylvania denounced him as nature of a forced loan." I quote from page 77 of Spaulding's Finan­ " conspicuously ignorant or conspicuously mendacious." I expresaed cial History of the War. Here are the very words that. the gentle­ the opinion that the Secretary was entirely right, that it was simply man turns upon me with such vehemence for nsing; yet Thomaa waa a naked troth that aU t-he great crises in this country had been pre­ not hissed as a " copperhead" for the utterance. ...._ ceded by inflation of paper currency, in some form or another. He holds that the greenba-ck is not a debt, but is monoy, the peo­ The gentleman now gets over all that by saying Mr. McCulloch ple's money, a.nd he defied me to find any respectable court which had no business to use the term" paper money," for the reason that calls the greenback a" forced loan." I refer him to the court of ap­ there had never been any paper money in this country until the peals of tbe.St.a.te of New York, Z1 Barbour, 13 Smith, and read from " legal tender" was adopted; that before that there were only bank the decision of the presidiug justice of that court, rendered in 1863, not&-, which were not money. And so, for this use of a word to which the gentleman attaches a peculiar meaning of his own he denounces these words, page 522, in the case of th~ .Metropolitan. Bank vs. Van, Dyke: the Iato Secretary as ignorant or mendacious. I concurred with the Secretary not only in the truth he asserted but also in his nse of the The issuing and paying out of Treasury notes- word. The whole world has used the word" paper money" to describe That is in 1863, remember- the various paper currencies that America has had from the beginning may be a forced lo:m to the Government. until now. And yet the gentleman says that but for this misrepre­ k * * * .. Call the issuing of t.bese Treasnry notes borrowing money or a foroed loan, and Rentation of his speech he would have made no reply to my speech I the quality, making them Jeceivablc in payment of all debts, enhances their value Behold on what a slender thread hang all our dE>.stinies! and enables the Government to realize from .them a gi'eater amount of supplies. He assails my opinion that we need not only a national but an I refer him also to a decision rendered also in 1833 by the Supreme international currency. I went on to state that we bad a. vast vol­ Court of New York in the case of Hague vs. Powers, 39 Barbour, in ume of foreign trade; and, by-the way, either by my mistake or the which Chief-Justice Smith says on page 459: printer's, it was stated to be fifteen hundred millions, bot my notes There is probably not a government in Europe which bas not been compelled in said twelve hundred millions, as the aggregate value of our exports timo of war or national tlistress to suspend specie payment and make forced loans and imports, and the gentleman convicts me of conspicnoos inaccu­ of the people by making paper promises to pay, in some form, lawful money and racy in that regard. He is right in the correction. I was right in a lej:tal tender in payment of debts. * * * Money being an indispensable agent an(\ necessary to carry such powers into effect, the power is implied to command. my notes, bot I humbly bow to his correction of my point. But the outain. and secure it uy any practicaule means known or practiced among civilized ~entleman denies there is any such thing as intetnational currency. nation ; aml ~at the issuo of Treasury notes, making them a legal tender in pay­ Did he suppose I was talking about a common coined piece of money ment of debts, 1s a proper and lawful mea us to that end, a process of borrowing a~reed to from the people or making from tbt\m aforud loan to meet the governmentll ne­ upon among the nations, such aa he was trying secure in cessities, and is entirely within the legitimate power of Congress, as the ~overeign our coinage some years ago T Not at alL It was plain, I think, to legislative authority of the nation. every one who heard me that I wa.s spoo.king of coin which the whole 15t8 CONGRESSIONAL RECORD-HOUSE. MARCH 6, world recognizes as money, and that all our foreign trade is me:..sured Treasury fHnj!:h McCulloch] in relation to the necessity of a contraction of tbe cnr. rency, with a view to as earl.v a resumption of specio payments as the business in­ in that coined money of the world. terests of the country will admit; and we hereby pledge co-operative action to this Now, the gentleman did not need to tell us that only balances were end as speedily as practicable. paid for in actual money. Any one who has looked into the. horn­ Here are the yeas and nays recorded upon the J onrnal of the Honse: books of finance knows that. Bnt while only balances are patd for 144 yeas, and 6 nays; and among the yeas I read the name of WILL­ in coin the value of every pound of merchandise imported or exported IAM D. KELLEY. [Laughter and applause.] is measured in coin ; and that is the ground on which I based my Mr. BROWNE. Do yon find the name of VOORHEES on the list! demand for a coina~e for America, a money for Ameiica which can Mr. GARFIELD. I did not look, but a gentleman near me has the be used for internatiOnal as well as for national exchanges. Journal, all(l says it is among the yoas. The next point the gentleman makes is this: he thinks my refer­ This reminds me of a little scene that occurred here not many ence to resumption in England was exceedingly unfortunate, and my months ago, in the beginning of the silver affitation, when we ht>ard citations of authorities inaccurate. He has consulted Allibone to find a the voic6 of the titular "father of the Honse' denouncing the demon­ great three-line notice, how a financial writer Doubleday was-and t~tization of silver in 1873 as a legislative tr-r-r-iok. [Laqghter.] would havens believe that because Alison wrote a history his views of And yet, when tha.t bill was before the Honse for action, that same finance must be soon d. But I notice that neither the gentleman nor his gentleman, then chairman of the committee that framed the bill, "coach," Mr. Shockers, who addressed to the gentleman not less than assured the Honse that the committee had considered its provisions twenty pamphlet pages on the subject of my November speech, has carefully and were satisfied that it ought to pass, and that it was usc­ been able to argue away the stubborn fact that in 1821, and again in less to at.tempt to continue the coinage of the silver dollar; that tboy 1~22, the House of Commons by a vote first of 5 to 1 and then of had dropped because gold fluctuated 1:10 continually that the double 6 to 1 declared that the resumption act of 1819 did not cause the standard could not be maintained. Doubtless every man is entitled distress which then prevailed. When they have proved that tliey to change his opinions, and it is often wise to change t.hem. But these be know more on the subject than the House of Commons, it will in examples ought to t~ach the gentleman when he assails his brethren order to appeal to Alison and Doubleday, and to assail me for sup­ here for their opinions to look well to the house in which he lives posing that the Parliament of Great Britain is a fair index of Brifuh and see how many glass windows it contains. [Laughter and ap­ opinion. plause.] I referred to a chapter of Martineau's History of Engla~d, in which Mr. Chairman, his speech from beginning to end was a mere criti­ the causes of the distress were set forth as bei:Jg those I alleged, and cism of the little details of my speech. If everything he said were stated that Thomas Tooke in his History of Prices held the same granted, it does not touch whatever of small strength there was in opinion. The gentleman from Pennsylvania denies that Tooke holds my argument. In the main he busied himself with a fact here anu the opinions I attributed to him: and Mr. Schnckers disposes of Miss there., a quotation, a cit.ation, or reference; hut it did not touch the .Martineau by saying she was "of all human animals the most for­ marrow of what I tried to present. lorn, a woman atheist-whose narration is a mere reiteration of Mr. The central proposition of my speech was that the greenback cur­ Tooke's, whose follower abe was." · rency was a debt to be paid; that by all the solemn sanctions of law, In answer to the gentleman's denial I quote from volume 2, page of honor, of duty, we are bound to make them equal to coin, to re­ 76, of Tooke's great work: rleem them. And it is precisely that which diMpleased the gentleman. Never, indeM, was there a measure dictated by a sounder policy than that by It does not answer my proposition to ramble over the speech and pick which Parliament determined in 1819 that the trifhng divergence wh\ch then existed between the paper and the go'd should, as speedily as was convenientl.Y pract:ica.­ np a morsel here and t.here; to leave the line of debate and become ble, be remed1ed, and the convertibility restored with the stronge~t sanction against what the Grecians called a mere sperm.ologos-a picker-up of bird-seed, its beina aWlin suspended. So loudly was that measure called for by every consi(l­ a snapper-up of unconsidered trifles. era.tion ~f justice and good faith. and of the most comprehensive VIew of the pub­ In my opinion, Mr. Chairman, the essence of this whole matter will lic interest, that if, for tho purpose of carrying it into effect, some actual derange­ ment of prices and of credit had been distinctly contemplated, the effect wot.ild be found in this: the gentleman from Pennylvania is not content have been amply justified by the object. But there is not the vestige of a ground for with the legislation we have had. He denounced silver when it was supposing that the smallest part of the fall of prices, or of tho derangement of first proposed as a subsidiary coinage in pla~e of paper scrip, and credit in 1819, or from 1819 to 1822. can acc·•rding to any etidence of facts, or any sought to laugh it out of the Honse. But it so happens that the wind consistent reasoning, be trnced to the operation, direct or imlirect, of that measure. The sufficiency of the causes, without reference to Peel's bill, of the fall of :prices now sits in another quarter. He and some other financiers of the new between 1818 and 18'.l2, can hardly it is presumed admit of a doubt in the mmd of school accept the silver bill only as a step to the next stage of coutro­ any person who, unbiased by a prticonceived theory, will oxamine carefully the facts versy. It is not the silver dollar but the unlimited, irredeemable as 'they will appear in evidence in connection with the fall of prices. paper dollar to which they cry" All hail! that shall be king hereafter." For Tooke's analysis of the corn laws, and their effects on prices The programme of these advocates of "fiat money" is l.Jeginning to and panics, I refer him to the first sixty-seven pages of volume 3. appear. We had it in a powerful speech made by the gentleman frl)m The main facts to whwh !referred in regard to resumption in Eng­ Massachusetts [Mr. BUTLER] a few days since, in which he sait.l: land remain unchallenged. My statement that no writer of emi­ I want that dollar stamped upon some convenient and cheap material of the nence could be found who takes the opposite view was doubtless too least possible intrinsic Yalue. so that neither its wear nor its uestrnction will be broad. I have never said that resumption was accompliMhed or ever any loss to the Government issuin.,. it. can be accomplished without some hardship. The process is always I also desire tho dollar to be made of such material for t-he pUrJ?OSe that it shall never be exported or desirable to carry out of tho country. FrnmmJ:t an American more or less severe. s:vstem of finance, I do not propose to adapt it to the want~ of any other nation and And perhaps I understated the strength of British opinion that the eSpecially the Chines-: who are nearly one-quarter of the 'vorld. resumption act of 1819 produced some uistress. But what I did say I desire that the douar1 so issued shall never be redeemod. remains unanswered, and I will venture to say unanswerable. It This is the new battle-line on which these champions of the new was that the opinion of Parliament, the recognized official opinion of system of American finance challenge all men of both parties who be­ England, expressed in the most decided and emphatic terms, was lieve in ~old and silver, and paper exchangeable for them, to join issue. that the resumption of cash payments was a. great blessing, a wise They wiBh to strike from our law the nation's promise and pledge and neces-ary act of restoration after war. That opinion is uow held to redeem its notes. They wish to supersede the barbarism of gold and bas been held for more than half a century by a great majority and silver by a coinage of paper, and in the kingdom to be, when of Englishmen. paper, wild, shoreless, bottomless, and worthless, bas become the The gentleman criticises me on another point: he says there are currency of this country, then will the time arrive, welcomed by the not $65,000,000 of coin reserve in the Treasury available for resump­ apostles of the new finance, when our bonds shall not only come back tion, and that there are not $5,000,000 a month coming into the Treas­ to this country but shall depreciate to fifty cents on the dollar. This ury to add to that reserve. Does he forget that what I said was is the very essence of communism. spoken one hundred and nine days ago 7 What I said was true on For years the gentleman from Pennsylvania ha.s advocated a non­ the dax :r uttered it., by the authority of the Secretary of the Treas­ exportable currency. "Non-exportable!" Every damaged manu­ ury. But I also said that here in Congress was the storm-center of facture is non-exportable. They want our currency to be made so danger. Will the gentleman deny that agitation we have had here bad that no nation under heaven will touch it. This doctrine of the since November has incre~d the -public distress and retarded our non-exportability of paper money was born in the brain of John Law progress toward resumption f and announced by him one hundred and seventy years ago as clearly I do not revive the discussion of the silver bill. I hope that ques­ as it has ever been annonnc'·d by the gentleman from Pennsylvania tion is now settled, that the agitation is calmed, and that we may go [Mr. KELLEY] or the distinguished gentleman from Massachusetts, forward into whatever of prosperity is possible for ns; and I shall be (Mr. BUTLER.] · glad i1 that measure turns 'OUt to be wise. But it is a poor answer If I read the signs in the political horizon aright, the time is just to my facts stat-ed one hundred and nine day~ ago to say that the at hand when men who love their country, its honor and its plighted $5,000,000 of coin are not now being added Lto 'the resumption fund faith, men of both political parties, will stand together against this each month as they were then. . , new heresy known as American finance. It was in the spirit of this The gentleman says that the great trouble 'With all our a:ffairs is and same doctrine that the gentleman from Pennsylvania. t·.vo years ago has been the fatal contraction of our cnrrencv begun 10ntrageonsly by went to Ohio, to the borders of my district, to the leading town in Hugh McCulloch in 1865, and continued in 1866. the district of my colleague here, [Mr. McKL."iLEY,] and at a time of Mr. Chairman, here is a little history which I wish to read. The strikes in the cer~ ter of that great iron region, when the question years he named were 1865 and 1866. On the 18th day of Deceij:!'ber, between capital and labor, botween employers anu employed, had Ul35, the following resolution was introduced into the Honse of 'Rep­ been pushed to the verge of violence, and addressed an excited throng; resentatives: and, if the papers did not report him incorrectly, he warned the Resolved, That this House cordially concurs in the views of the Secretary of tHe mill-owners, the c~pitalists, that the time was not far distant whel) ·~ . -.. ...

1878. CONGRESSIONAL RECORD-HOUSE. 1529

labor might take capital by the throat. We came near having scenes Del?artment n!>t ~ clear any vessels loaded with timber or lumber or turpentine ag:amst onr obJections. of riot awakened by the wild flaah of his communistic torch. I send this by order of Mr. Carter. He sought not only to destroy his party in Ohio, but to elect to R. S. BARTLEY, our ~overnorship a man who denounced gold and silver coin as a barren Special Agent. ideality. The people of his district were not inclined to fQ get what Mr. HOOKER. It will be observed that this dispatch to the Sec­ he had done when the elections of last year were coming on ; and there retary of the Interior asks that the Secreta.ry of the Treasury shall are men now on this floor who courteously and tenderly, because of his issue his mandate to the collector of customs to refuse clearance to years, ability, and long service, wrote to his people advising them to all vessels which he, Bartley, suspected bad Government lumber trust him again, and expressing the belief th:lt the scenes of 1876 opou them. Based upon that and the report of Mr. Carter the Sec­ would not be repeated. And on those assurances he is here to-day ; retary of the Interior all dresses a letter to the Attorney-Gen~ral wbo here to-day to assail those who believe in redeeming the plighted addresses the Secretary of the Treasury ; and the latter officer pred­ promises of the nation. icating his action on these documents, aenus to the collector o'f cusJ On the issue he and his 3880Ciates raise my choice has long since toms at Shieldsborough, Mississippi, a dispatch, which I ask the Clerk been made. It is an issue of such transcendent importance that it to read. may render all others obsolete. It is the struggle of honor aO'ainst 'fhe Clerk read as follows: dishonor; of law aaainst anarchy; a struggle in which the pea& and TREASURY DEPARTMENT, OFFICE OF THE SECRETARY saf~ty of both empfoyer and employed, Government and people, may Washington, D. a., November ta, tan. be mvolved. C OLLECTOR OF CUSTOMS, In such a contest I care not into what party the issue lands me or Shieldsborough, Miuisaippi : in what company it finds me; when it comes I shall sta-nd with the Sm:. It ha~g ~een repres~nted. to this Department that vessels depart from men who defend the money of the Constitution and the faith of this ports m your diStrict laden With timber, lumber, and turpentine the proceeds of depredations upon the public lands. in violation of section 2461 Revised Statutes country. [Applause.] And we cannot be a moment too soon in nn­ yon are hereby ~cted !.o ~fuse ~le~rance to all vessels to wh~se departure fro~ derst!l'nding the nature and designs of those who are preparing the ports.or places m your dlStnct obJection shall be made by the spedal agents of tho conflict. Intenor Department, Messrs. Carter and Bartley; and yon will aid such officers as Mr. Chairman, I beg the pardon of the committee for delaying them far ~'i may consistently be done by the vigilant enforcement of the pronsions of section 2462, Revised Statutes. from thei~ appr?priation bill by this speech, and I specially regret Very respectfully, the necessitywhteh compelled me to make it. [Mr. GARFIELD resumed JOHN SHERMAN, Secretary. his Heat amid great applause.] ~Ir. H<;>OKER. ~he writ ~f sequestration, an o-mnium, . Mr. HOOKER.. Mr. ChairfTlan, I regret tb~t I have to a,s"k the atten­ gatlterum writ, whiCh swept m everythmg and under which the marshal seized ~on of ~he Comnnttee o~ the Whole t.o a subJect much less likely from Its spec!fic character to mterest members than the one they have just whole districts of country from where the river debouches into the beard d1scnssed. Bot I return, Mr. Chairman, to the consideration of gulf to the la.st point where a log could be thrown into its tribu­ the appropriation bill now pending; and I want it to be understood taries for t.he purpose of being floated to the sen.board, that writ was that so far as concerns tho first section of the bill, with reference to quashed, and thus the policy of the Interior Department, wlaich had the appointment of temporary clerks in the Treasury Department and a~te~pted to institute an illegal measure against citizens of .Missis­ the appTopriation of money for their payment., I ieave that matter stppt was defeated. Then the Secretary of the Interior actin1r upon where the committee leaves it; and so· far as the third section of the the inf~rmation ~f his special agents, Bartley and Carter, res~rts to bill is concerned, which proposes to appropriate $25,000 to tho General the policy of askmg the Secretary of the Treasury, having under his Land Office in order to carry out the act of 1876 and to O'ive that office control the custom-house officers of the land, to direct his arrents to ··.• the. requisite clerical force to place in market the p~blic lands in refuse clearance papers to any vessel which might be sus~cted to vanons Southern States designated in that act, I make no objection have upon it lumber cut from Government land. Thus without to the bill of the committee. auth.o~ty of law, V~ithout evidence, without knowledge, dpon bare It is to the second section which proposes an appropriation in bulk susp~cwn, two men are allowed to control the Secretary of the Treas­ for a half dozen different purposes, t bat I particularly object. It wili ury m such a manner as to destroy a vast carrying trade which as I b.e observed by the committee that this section .makes an appropria­ showed by a memorial presented by me to· the Hoose last year tiOn of $20,000 for a great many purposes; and If the committee had amounted, when it was thus prostrated in the dust to three and~ half or four million dollars annually. When foiled in the writ of • de~ignated the respootive amounts which they desired to be appro­ pnated for each particular purpose mention eel in the section, I do not sequestration resort is had to this expedient of inducing the Secre­ know that I would have objected to it. But there is one clause in this tary of the Treasury to deny clearance papers to t.hese vessels. second section to which I do object because it proposes to appropriate The consequence was every vessel was dl'iven from the trade. They to the Land Office $20,000 for the purpose of carrying on snits against were compelled to go to other ports, and the men who had enrra!Ted what are termed trespa~sers on the public lands. We have bnt to ~hem f?r a series of years were ~ompelled to pay demmTage until~ as recur to the report of the Secretary of the Interior to see what he pro­ m the mstance of one firm, Bermer & DeSmet absolutely paid 15 000 poses to do with this $20,000. of demurrage. The result was that they were no longer able to pay Sir, the Interior Department, without authority of law as I aver in more. contravention of the statute-law as it now stands in derogatior{ of I say, sir, this policy of the Secretary of the Interior bas been insti­ the rights and authority belonging to the Navy D~partment of the tuted without authority of law, and it stands to-day in the history of Go>ernment alone, undertook to send its emissaries to various south­ our country as a most extraordinary inst.'\nce of oppression practiced ern a!1d ~es~er? States for the purpose of beginning snits against citi­ by the Government against its citizens ever known in any civilized community. ~ens mdis~nmm~tely as trespassers upon the public lands. In carry­ mg out this pohcy the Secretary of the Interior sent to the State of ~nt to slu:~w further, M~. C~airman, the spirit and temper in which Mississippi two ag~ts, M.A. Carter and Roger Sherman Bartley. The this. proceedrng has been mstituted by the Secretary of the Interior, latter made affidav1t that all the logs and timber lying in all the I ";ll have read a report from Carter, the special agent, a copy of streams t-hat run through the State of Mississippi and debouch into the whiCh bas been sent to me. sound _were cot from Gov~rnment land. Upon the affidavit thus made The Clerk read as follows: P A.SCAGOULA, MisSISSIPPI, NovWiher 6, 1877. there 1ssoed from the Umted St.atea court what is known as a writ of H on. J . A. W JLUAMSON, sequestration under the Louisiana practice, a writ unlrnown in any Oommi&ioner Ge:nera.l Land Office, Wa.shington, D. a.: State where the common law prevails. Thus upon the affidavit of two ~have t~e ~ol?or .to repory tha~ the United States marRbal for the southern clis­ men proceeding from the city of Washington, without informatiou tnct of M1R~lss1pp1 ~as se1zed 1~ tho three southern counties borderin:r on the and wit.hout knowledge of the condition of that country these seiz­ Gulf of Mex:tco, m 8Ult of the Umted Stales against John Mannin..., ancl others a lar~e _amount of tim"~?er, principally pine logs, estimated at over seventy-five tb~n­ ures were made. which stopped the entire industry of that region, sau!I m nnmber, beRides a large :,tmouu~ of lumbt>r, this r.roperty belonging this stopp~d every. mill, stopped eve11laborer, bla~k and white, engaged Umted States and taken from thtafublic lands tbero will be seized under this there, and th1s wa.s done, I take It, not only without authority oflaw proct;ss frt?m C?nrt a large amounto charcoal an(l turpentine. but ju contravention of the statutes as they now stand upon the stat­ ~his actwn,, md~pendent of the larffe Yalue of the property received, stops a traile which bas mamtamed a large fleet of vessels carrying the timber or lumber mann· ute-books of the country. faetured th~refrom, and whic~ nnlawf~Uy taken from the public la.ntls w foreign In order Mr. Chairman, that I may speak bytbe record on thissnb­ B?d dome~ tic ma1 kets and ~es~des bas ~i.J!:lll! lly_ suppr~~sed dAprellations in the pu 1>­ ject, I offer in evidence the report made by Mr. Bartley, the special ~c landR m the southern d1strict of Miss1SS1pp1. I will see that e'\"ery case is <'xer­ agent of the Department, to General Williamson Commissioner of the Cised: I cannot. spe~k ~oo highly of the effi!'iencv and enArgy of Mr. Bartley, whom I as~gned to this district and who bas frotbfu1ly done his duty. I will report in Land-Office. It will be found that on the 7th of November 1877 Mr. detail as fast as return.s are reported by the marshal. Mississippi is well in hand.. Bartley sent to the Commissioner a dispatch, by which it will be ~een M. A. CARTER, that after these affidavits had been made and these seizures secured Ohif'j Special Agent, Southern Division. the ~ourt on assembling quashed the writ of sequestration as being ~~r. HO~KER. The ~onclo~ing clause, Mr. Chairman, of this extra­ a writ unkn.own to the la~. Th~ Secretary of the Interior, bow­ o~dmary dtspatch of thts speCial agent of the Department is very sig­ ever, followmg .up .the Jl'?licy whiCh bad been inaugurated by his mfi.cant. He alleges the fact that millions of dollars of property age~ts, and relymg Implicitly upon the accuracy of their information, which belonged to the Government of the Uniterl States bad been recetves from Mr. Bartley a dispatch, which I ask the Clerk to read. s~ized, and concludes by saying: "Mississippi is well in hand." What The Clerk read as follows : did he mean! He meant simply that the clutches of the special agents P ASCAGOlJLA. MISSISSIPPI, November 1, 1877. H on. J . A . W lLLIAMSON, pajd by this Department, as the report read by the gentleman from · Omnmissioner of the General Land Office, Kentucky [Mr. DURHAl\1] show~d, yesterday, amounting in expendi­ Washington, D. 0.: ture to $20,0.00, that these s~ectal agents employed by the Govern­ Please have collector of customs for this district instructed by the Treasury ment under illegal processes m the courts had seized upon the people 1530 CONGRESSIONA.L RECORD-HOUSE. MARCH 6,

of Mississippi in the southern district, where this great lumber region dred pieces of square pine timber, from fiftv to seventy-five feet loner valued at lies, ·and had bound them hand and foot. $3 ,_00~. ~nl~wfnlly_taken from ~he :public l~ds of the United States in ~ho State (Jf MissiSSippi and satd southern district, now m the possession of Bercier ancl DeSmet But I will now offer evidence of the manner in which they pro­ and unla1~fully detained by them from tho posaes~:~iou of the United States 31:1 w~ ceeded, and wi11 ask the Clerk to read the letter of the Secretary of have been informPd by tho affidavit of Ro)!er Sherm~n Bartley an arrent' of the the Interior to the Attorney-General, and the letter of the Attorney­ United Stl!.f;es, filed in our circuit court tho 10th dav of Novembo;, 1877~ And that General to the Secretary of the Treasury, upon which this extra.ordi­ yon delive~to the said United States, phint.iff as aforesaid, the propert.y so taken mto ~·ourposse.~~ion. unless the said d.-.fendantsballenter into bond with sufficient nary order to the collector of customs at Shields borough, Mississippi, s~curity, in d~ublo the value of said property, payable to the said plaintiff, condi­ was issued by the Secretary of the Treasury. tioned according to law. The Clerk read as follows: . And yo_u a:e commanded to summon the said Bercier nnd De Smet, if to be found DEPARTMENT OF TB& INTERIOR, m your district. to be a.nd appear bt>fore the honorable judge of the circuit court of Wa-shington, Novembt:r 9, 1877. said district at the next May term, in the t~wn of Jackson, on the 6th day of May 11378, and th~ an~ there to answer to this action of replevin, and have you the~ Sm: I have the honor to transmit herewith copies of telewam~ received from and there this wnt. Special Agents Carter and Bartley, dated the 61Jl and 7th instant respectively, in Issued under my hand, with the seal of &'lid conl't hereto affixed, at Jackson in relation to the seizure of a large quanti~ of timber, cut from the public lands, by the said district, this 20th day of November, A. D. 1877. · marshal of the sonthem district of Mississippi, and of the contemplatector of cust~ms for said district be instructed by the honorable Secretary of the Treasury not to clear any vessel loaded with UNITED STATF..S OF AMERICA, timber, lumber, or turpentine against the objections of the special agents. Southern District of Mi&&iasippi, &c : Permit me to call your attention to the provisions of section 2462 of the Revised Statutes, in relation to the forfeitures and penalties imposed upon the master, Tho President of the United States to the manhal of the southern district of Mis­ owner, or consigtlee of any vessel who knoWlilgly takes on board any timber cut sissippi, greeting: fu~m lands which had been reserved or purchased a.s provideippi the Government is not ready for trial. It wants the 20,000 appro­ and Mid southern district, and that the said United States are now legally entitled priation. What forf To pay the men who instituted these illeo-al to immediate possession of the same, and that ita right of action baa accrued within proceedings, to compensate the lawyers employed by the Governm~n t one year from the 19th day of November, 1877. ROGER SHERMAN BARTLEY. to aid the regular attorneys of the Government. It was well asked by the gentleman from Alabama [Mr. HEWI'IT] why prosecutions Sworn to and subscribed before me this 19th d . ~y of November, A. D. 1877. (sEAL.) GEO. T. SWANN, Ole-rk, against the parties could not proceed in the ordinary way. I onder­ By J. M. McKEE, Deputy Olerk. take to assert that the law invoked by the Secretary of the Interior­ A true copy. Teste: and I allude now to sections 2461, 2462, and 2463, which I shall incor­ LBEAL.] GEO. T. SWA~TN . Clerk. porate in my remarks-applied only to the criminal, to the actual JAS. M. McKEE, Deputy Olerk. depredator npon the public land, and not to the man who may buy U~TIED STATES OF AMERICA, property from the one who does depredate upon it. These sections Southern District of Jfi&&iasippi, ss : are as follows: The President of tho United States to the marshal of the southern district of .Mis- Snc. 2461. J! any ~rson Rhall cut, or cause or pl'ocure tQ be cut, or aid, assis1, or . sissippi, greeting: bo t>mployed rn cnttrng, or shall wantonly' destroy, or cause or procure to be wan­ You are hereby commanded, without dela.y, to take into your custody four hun- tonly d1.~troyed, or aid, 8.t!Sist, or be employed in wantonly destroying any liv~k_ 1878. CONGRESSIONAL RECORD-HOUSE. 1531 or red-cedar trees, or other timber standinj!, {!rowing, or being on any lands of the Treasury, when the gentleman from Georgia [1\Ir BLOUNT] pro­ Unitetl States, which, in pursuance of any law passed, or hereafter to be passed, have been reserved or purchased for the use of the Unit-ed States, for supplying pounded the following inquiry: or furnishing therefrom timber for the Navy of the United States; or if any per­ Allow me to ask the gentleman whether the Government bas not succeeded in son sb.'lll remove, or cause or procure to be remo'"E:d, or aid, or assist., or be em­ every one of the suits that has boon tried. ployea employed-to aid the Government of the United States through its of Alabama, Mississippi, Louisiana. and Florida, before allowing a clearance to any district attorneys f Sir, the Government ought to have an officer vessel laden in. whole or in part with li•e-oa.k timber, t{) ascertain satisfactorily that such timber was cut from private lands, or, if from pnblic ones, by consent of there in every one of those district attorneys who needs no aid. I the Navy Department. And it is also made the duty of all ofticers of the customs, am glad to say that in Mississippi, in the present incumbent, Mr. and of 1ho laud officers within those States, to cause prosecutions to be Reasonably Luke Lee, we have a lawyer of many years' standing and a capable instituted against all persons known to be guilty of depredations on, or injuries to,· and able one, and I doubt whether any spPcial attorney employed by the live-oak growing on tbe puulic lands. the Government will be able to bring to these suits any more capacity I refer further, to show this whole proceeding of the Secretary of or talent t.han the district attorney. • tho Interior has been in absolute violation of the statute law of the We ought in all cases to require paid officers of the Government to ]and, and that he bas assumed to exercise the functions which b~long carry on these prosecutions. I do not know how the custom iH else­ alone to the Navy Department, or t.o the Secretary of the Navy, to where, but in my own State I arn sorry to say that the character of section 4751 of the Revised Statute6, which I will nsk the Clerk to district attorneys whom the Government send there and have sent read. heretofore hns •becn such that whenever-an important suit on behalf The Clerk read as followR : of the Government came up they were made to stand aside and your SEC. 4751. All penalties and forfeitures incurrerl under the pro·;isions of sections money, sir, the people's money, was t-aken from the Trea.aury to com­ 2461, 24.62, and 2463, title, "The Pnulic Lands," shall be sued for, recovered, dis· penl'ate more able attorneys. I say, therefore, that this sum of $~0,000 tribnted, and accounted for, under the dirt ctions of the Secretary of the Navy, and shaH be paid over, one-half to the iufonners, if :my, or captors, where scizrd, and ought not to be appropriated unless we know how it is to be uSE'd, tbe other half to the Secretary of the Navy for t,he uso of the NaYy pension-fund· what amount is to be paid to Mr. M.A. Carter, what amount is to be analne. The Secretary of the Interior informs the a petit jury in favor of tho Government. And if sncb is the case, I Committee on .Approprial ions by letter and otherwise that he believes that he will ask members whether they will, l>y voting this sum of $20,000, counte­ succeed in the majority of these cases. For the purpose of setting the matterrightbeforetheHouseand before the conn­ nance proceedings by the Government against persons and property try, I will ask to have 'printed with my remarkt! a list of the smts which are now that would be denounced upon this floor if they were attempted to being prosecuted and the amount of property involved in some of these suits. be pursued l>y private individuals f Mr. HOOKER. Let it be read. When t.he bill for the additional term of court in Mississippi was Mr. DuRHAM. Very well; I ask the Clerk to read it. before the Senate Judiciary Commit1ee, the chairman of that com­ Mr. PA'ITERSON, of Colormlo. I would like to ask the p:entleman a. question. Mr. DmmML The p:entleru:m from Mississippi [Mr. HooKER] asks for theread- mittee, Senator EDl\IUNDs, addressed a letter to the Secretary of the in_g of this memoramlum. Let it be read and thtn ~ will bear the gentleman. Interior, asking for the views of that Department upon the biU. In The Clerk read as follows: response to that inquiry the Secretary prepared and transmitted to Total expenses incUJTt>d by the General Land Office since January 27, 1877, in suppressing timber depredations...... $22,220 03 the committee a communication, and I call the attention of members to the strange statements made therein, and which facts are all that Expenses of United States marshals and district attorneys in suits exist to justify the appropriation that is now asked for. After he had cc;mmenced, and for custody and sale of logs :md lumber seized, not discussed the question of changing the place for holding the terms of reported. (See letter of First Comptroller.) .Amounts collected: court., he refers to timber depredations and states why in his judgment In Minnesota ...... •.••..•.••....•.. e13, 533 13 the Government cannot succeed in the suits instituted by his agents. In Louisiana .•.••...... 10,901 55 In speaking of certain trials that hau resulted in favor of the Gov­ In Montana ...... ••...•.••.•.••..••••...... 3, 757 00 ernment, the Secretary in this communication says: In Michigan ...••...••••.•••••.....•.••.••..•...... ••..•.....••. 1, 700 00 To secure such results, however, it bas been found necessary to have a second TotaL...... 29, e!ll 67 and more thorough investi~ation made, and in most cases the tracts trespa.<>sed upon resurveyed, and the lfues retraced, in order that. they may be identified with .Amount of logs on hand for sale: ~ Feet. certainty by the witnesses at the trial In Louisiana (abontl. •••••. --·· ... ·-·-.• ...... •.. .•.••. .••• .• .••• .. 28, 000, 000 In Minnesota(abont)...... -.700,000 What an admission is tbat t That before these agents were ablo to identify the lands, before the witnesses con1d state under oath TotaL...... ~. 700,000 from what lands logs had been taken, or upon what1ands timber had Estimated value of logs and lumber seized and title not determined: been cut, the Department of the Interior has instituted snits, bas In Mississippi.---...... -...... •....•...•...... ; ...... $36a, 000 00 seized hundreds of thousands of dollars' worth of property; has thrown In Minnesota...... 3,003 49 thousands of men out of employment. · And, continues the Secretary, In Florida ....•.. ·-················································ 110,000 00 we hope to obtain the proof that will justify the Department in pur­ In Louisiana .••••• ···-·· ..•••• ·--· ....••.•.••..•.....•.... ··-·.... 96,600 00 suing this high-handed course. Total··················································-········ 5i7,GOj 49 Mr. DURHAM. Will the gentleman allow me to interrupt him for a moment t Snits in trover: Mr. PATTERSON, of Colorado. Certainly. In Colorado-3. Damages claimed .....•••••••••••..•..••••••••••.•••...... •...••. f275, 000 00 Mr. DURHAM. Will the gentleman state again where these suits * * * * * • * are pendin~ which he has been talking about f Mr. BLOUNT. .Allow me to ask the gentlrman wbrtber the GoTernment has not Mr. PATTERSON, of Colorado. The suits I am talking about are succeeded in every one of the suits that bas been tried I penuing in Louisiana, Mississippi, and Flolida, and other States upon :Mr. DUBlLUf. I stated that out of eighteen suits brought in the State oi Wis­ consin the Government had succeeded in tiixteen. the seaboard and the rivers of the South, and also in Minnesota and Mr. SJNGLE'ION. AJlow me to say that in the State of Mississippi the Govern­ other S'tates of the North. Now let us see what the Secretary sa.ys in ment has succeeded in no case, and recently almost eTery one of the c:u;es insti­ continuation: · tutE'Il for these depredations bas been dismis~ed in the courts. The names and residence of witnesses by whom the cutting and removal of the Mr. DuuHAll. I do not know anythinj!: about this matter except. what I learn logs, &c., from particular tracts by the persons charg:ed can be shown, as well as from the papers before us. I present the facts of the case as I find them. the identification of the logs seized or demanded with certain tracts, must be as­ Mr. PA'ITERSON, of Colorado. I wish to state to tbel!rntlrman from Kentucky that out of forty or :fifty cases prosecuted in Coloratlo within the last three or four certained and their testimony obtained. years the Government has not succeeded in any prosecution of this kind, civil or Tbe proof that will identify the logs and that will identify the criminaL 1ands upon which tbe timber was cut, the witnesses that will swear Sir, up to this time the Secretary of the Interior has not collected to these facts, nil have yet to be obtained by the Government, accord­ n single dollar in any suit in Mississippi. I vent.ure the assertion that ing to tho deliberat-e statement of the Secretary of the Interior. But in the State of Mississippi a] one you will under these proceedings pay let me proceed a little furt.her. He says: special agents, special detectives, attorneys and marshals five times It is easy to show that some one bas committed a trespass and to establish prima the amount that will be paid into the natiom1.l Treasury in return. facie that the defendant dicl it, or that be now has in his possession the logs or lnm­ [Here th6 hammer fell.] ·ber taken from certain tracts of land, but to prove it conclusively in the face of a Mr. PA'l'TERRON, of Colorado. The clnnse of the bill under con­ resolute and determined defense is quite a different thing. sideration to which I ollject reads as follows: What a strange admission! AB I stated before property has been For actual expenses of clerks detailed to in~estigate (among other th.ings) tres seized ; mills stopped; men thrown out of employment. their credit passes on the public lands, the sum of $20,000. ruined; many men who were under existing contracts to furnish Yesterday I naked the gentleman from Kentucky, [Mr. DuRHAM,] large amounts of lumber have been or will be compelled to answer who has charge of this bill, for what that $20,000 was intended so far in damages for default in their contracts; these things ha.ve all been as trespasses on the public lands were concerned, and he stated in done. And yet the Secretary admits that he despairs, with the proof reply that it was not for the purpose of paying spies, but for the pur­ upon which the actions were commenced, of obtaining a. verdict in pose of employing agents to detect timber thieves. favor of the Government. He continues: The first thing to which I would call the attention of the commit­ The preliminary investigation in an of these cases was performed before the snits · tee is the discrepancy between the provisions of the bill and the state­ were commenced, but the second and eqnally important one bas not been and can­ not be made until an appropriation is made by Congress to defray the expenses of ment of the gentleman from Kentucky. The bill sa:vs that the mone:v agents employed and detailed for that pnrpose. is for the employment and payment of "clerks." The gentleman from Kentucky [Mr. DURHAM] says that the money is for the payment of · Now mark the language which follows: those who will go into the timber country and ferret out those who If the G

zeus. There are to-rlay and have been for years past, and they will with me at that time voted in order to relieve timber thieves from be multiplied for years to come, not only thousands bot hundreds of a just prosecution for their crimes. thousands whose business will be interfered with seriously by appro­ I take it that the gentlemen with me voted for a speedy prosecu­ priations of money being made in order to enable justice to be admin­ tion of timber thieves, and not for the speedy discharge of timber istered in the courts of the States and of the Union. thieves, and therefore I take it that when the Government comes in I desire to say, Mr. Chairman, to the gentlemeu of the committee here and asks an appropriation of money necessary for the prosecu­ that the Secretary of the Interior and the Assistant Attorney-General, tion of viola.ters of the law, that ma.jority will not find it necessary to w bo bas this matter sp.-cial1y in charge, informed a colleague of mine vote against the appropriation. on the Committee on Appropriations and myself this rooming that in I, sir, find nothing under the sun inconsistent with the po ition I every case where timber was taken by a settler for his own nse and take now with that which I took the other day. I then was for tho be bad been molested, upon tl!e Department being notified of that protection of the Government; I to-day am for the protection of the fact the prosecution had been stopped; and we were shown this morn­ Government. I then, sir, voted for the relief of men some of whom ing the list of eighteen causes started in the State w bich is repre­ must have been honest men. The w bole body of men up and down sented so ably by the gentlemen who so eloquently spoke in behalf that river in Mississippi who come into question here are not tim­ of these timber thieves this morning and were told that eighteen suits, ber thieves. aggregating in amount about $7,000, bad been dismissed in conse­ Why, sir, I understand that the Government of the United States quence of that fact. owns only S per cent. of all the timber lands on that river within the Mr. HOOKER. Did the gentleman allude to me in tho remark he reach of tb~ river itself-! mean within hauling distance-bot S per bas just made t cent., and that 8 per cent. is of course the very poorest land, which Mr. BAKER, of Indiana. Yes, sir. could not be sold when the other was sold. Mr. HOOKER. I did not speak in vindication of timber thieves. Now, sir, the idea. that every mill man on that river coming from That is simply a mistake. I spoke in vindication of the innocent Maine, from Wisconsin, and from Michigan is a timber thief is utterly against whom the Government is attempting to make out this charge. absurd. The idea that all of their timber was stolen from the Gov­ Mr. BAKER, of Indiana. I understand t be gentleman is correct in ernment land is equally absurd. Sir, I simply desired that these men what be says; that be calls them mistaken, misguided, and innocent shonld have a spl.'edy trial and that the timber which was held, that individuals. That may be the designation they are entitled to. Bnt which never had been stolen together with that which bud been I call them-and I am speaking only in reference to that class of men­ stolen, should be relieved from the grasp of the law so tba.t it might I call tl.Jem timber thieves. be placed in the markets Qf the world beforo it was rendered useless Mr. BOOKER. I suppose tbe gentleman does not want to misrep­ by the delays of the law. That was all I did, nnd I believe that was resent me intentionally. all that the majority of this Hoose, and the large majority of the Mr. BAKER, of Indiana. Certainly not. House, intended to do when they voted for the bill for the relief of. Mr. HOOKER. I did not say they were mistaken or misguided, these men in the State of Mississippi. but simply that they were innocent of the charge made against Now, sir, I simply ask that tbe majority who voted to~eth~-r then them. shall not put us who honestly voted for that 1·elief to-day m the posi­ Mr. BAKER, of Indiana. If they are innocent they need no other tion of men sympathizing with public plunderers, and withhold­ ti·ibonal than the tribunals of justice in the gentleman's own State ing from the Government that which it absolutely needs in order to to show their innocence. If they are innocent they are not tbe ruen enforce the law. to whom I am alluding. I am alluding to men who violate the laws, [Here the hammer fell.] who depredate upon the public timber, and who ought to be arrested Mr. FOSTER. I now yield five minutes to the gentleman from in this course of procedure. }..,or the innocent t.bat are harassed, I Michirran, [Mr. HUMPHREY.] have this to say: that I am sorry il any snit bas been instituted Mr. HUMPHREY. I voted against the bill before the House a few against a man who ought not to have bad a. suit instituted against days siuce for the same reason that the gentleman from .Maino voted Lim. But the gentleman from Mississippi will never convince me for it. I knew that under that bill every man who bad his lots of that because the administration of jnbtiee is bO imperfect as that it is timber seized could bring the cases into the courts of tho State in not always aimed against the guilty therefore the wJ]eels of justice which tho property was situated, and endeavor to recover in any shall stop. We must more or less. in every Slate, in every county, State court in which he desired to bring the action, and give his se­ and in every court havo suits that are brought against parties who curities and present his snits in the court in which the Government will ultimately prove they are innocent of the charge brought against was placed by his own act, at any time be saw fit. them. I voted against it because I believed it was giving the timber men Bnt, sir, the logic of the gentleman. simmered down to its last an advantage. It was sending these cases for trial to places where analysis is this: that because suits arc in good faith instituted against tho parties sued were among their friends. It was withdrawing them parties who prove themselves to be innocent, therefore yon should from regular terms of the court fixed hy law, and giving evf'ry mnu stop the administration of justice and allow crime to run rampant. who bad logs and lumber, if cot on Government lands, a,n advantage That is t.be question and the only question now before ns. against the Govemment, because it is a well-known fact that the I wish to say, Mr. Chairman, that the instructions issued by the Government, when it goes into court anywhere before ajnry, goes at Secretary of the Interior which were read in the hearing of tho com­ a disadvanta~e. mittee show with what extreme care and tenderness these ageutsare Mr. PATTERSON, of Colorado. I desire to ask the gentleman if instructed to proceed in this matter. It may be, it likely is, true that be holds that where the Government of the United States brings now and then an agent may bo found who allows his zeal to outrun an action of replevin the defendant can go into another court and his discretion and may act imprudently. Bot grant that; does it recover hy another action of replevin t follow therefore that that entire arm of the Government should be Mr. HUMPHREY. No, sir; the Government by its marshal seizes withdrawn and that no effort at all shonld be made to stop tb6 depreda­ these loge, antl then the defendants havo the option to settle with him tions that are being made on the public lands of the conn try; and that as they can, or to replevy their Logs in tho State courts. in the next twenty-eight years it shall be recorded that forty million Mr. PATTERSON, of Colorado. Are not the snit-s now pending in dollars' worth of public timber, becoming now so valuable, shall have the State of Mississippi actions of replevin in which the Government been stolen because from mock sentimentality, and for fear that some is plaintifn innocent man, who if he is innocent may establish it in a court of Mr. HUMPHREY. I suppose they are. But that simply brings me justice, may be wrongfully sued T I trust not; I trust that a fair, rea­ to this point: that it wa.s not necessary to pass this act because overy sonable, and necessary appropriation will be made, and if the men in one of these defendants, under the law, could ha.ve given security, . the employments that are authorized by this bill shall be guilty of taken tho logs, and sawed them into lumber. perjury or shall be guilty of malicious prosecution, the court.s of the .Mr. PATTERSON, of Coloi·ado. That depends upon the State law. State, the courts of the nation, are open for tbe vindication of those Mr. HUMPHREY. It does not depend upon the State law. Every that are injured by.it. State law, every United States law, provides that defendants can by I say in conclusion that the whole question is this: whether or not replevin and ghing security take their property. this nation is t~ advertise to every thief in the whole land that the Mr. PATTERSO~, of Colorado. The law in most of the States is arm of the Government will not be raised for the purpose of protect­ this: that the plaintiff in replevin snits gives bond before the writ ing one single tree that grows upon the public domain. If yon ad­ is issued, and the property when taken by the officers is delivered to vertise that fact, yon can rest assured that this country will be as the plaintiff to be lleld by him until the suit is determined. naked of timber within the next twenty years as tbe desert of North Mr. HUMPHREY. Unless the defendant within a certain number Africa.. of days files this bond; and in such case, if the bon used in the prosecu­ desiJ:ed to say. I desire to say one word more in regard to this ques­ tion of these snits and t.o employ detectives and affidavit-makers who tion. It is a fact that when the Government brings suit or when the wish to ingratiate themselves with their employers by turning State's marshal seizes these logs, he seizes them because he has ascertained evidence. The courts are open; and the expenses of these proceed­ the loca1ity from which they are cut. The logs are seized so that they ings can be paid in the same manner as the expenses in other suits. shall not be run out from the jurisdiction of the marshal. Then what Hence I do not see the necessity for burdening the Government by is the next process f The marshal takes measures to ascertain the appropriating money specially for these prosecutions. The omission marks of the logs. The gentleman from Colorado [Mr. PATTERSON] of such an appropriation will not give persons, as feared by some, says these logs have not been mnrked. If they are not marked, then liberty to depredate upon the public lands; for they are still liable there is no power to prosecute in any court any thief who may take to be prosecuted as in other cases. I am perfectly willing to leave them, and any thief will go scot fre But, on the contrary, they are them to the courts. If guilty, they are liable to punishment; and I marked. And then a scale of the log is made, and the Government am the last man that would undertake to protect any even of my own gets the testimony from the marks. The amount can be ascert..'lined, constituents if they have been knowingly and willfully guilty of dep­ nnd ascertained as well from the tops of the tree down to the but redating upon the public lands. But I am not willing to sanction the as from the logs themselves. oppression which I think ba.s been practiced upon them. Mr. CONGER. Will the gentleman allow me to n.sk him a ques­ [Here the hammer fell.] tion f The CHAIRMAN. The time fixed bytheHouse for general debate Mr. HUMPHREY. Cerhinly. on this bill has expiJ:ed. Mr. CONGER. Does not the plaintiff give bonds before he replev­ Mr. DURHAM. I ask that the bill be now read by sections for ins the logsf amendment and debate under the five-minute rule. Mr. HUMPHREY. He always gives security before be takes the The Clerk read the first section of the bill, as follow8: property. Be it enacted, etc., That the Secretary of the Treal!lll'Y be, and he is hereby, au­ thorized to t>wploy not exceeding twenty temporary clerks during the bal:uice of Mr. CONGER. Then if the United States bas the logs who else the present fiscal year, at a. rate not uceeding $2 per day each : Provided, That could ~et them f the whole sum to be expended for this purpose shall not exceed $6,500. · Mr. HUMPHREY. In the case of The State of Wisconsin against Mr. FOSTER. I move to amend by striking out the section just Schulenberg and others, where the Government obtained judgments read and inserting the following: to the amount of eighty or ninety thousand dollars, the State of Wis­ For the emplo;vment of temporary clE>rks in the Trt>asory Department, $35,000: consin replevied the logs. Schulenberg & Co. cnme in and gave Pr07Jided, That 15,000 of tblilsum way be uHed iu repairinl]; and indexing Army security, filed theiJ: bonds, took the logs, sawed them :md sent the rolls in the Second Auditor's Office anu other bureaus of the Treasury Department. lumber to market five years before the Govemment got judgment and $10,000 of said sum may be used for file cases and boxes for the filet~ of said against them. office. [Here the hammer felL] Mr. DURHAM. I make the point of order that this amendment is Mr. FOSTER. I will yield the remainder of my time to the gentle­ new legislation and cannot come in nuder Rule 120. man from Mississippi, [Mr. SINGLETON,] my colleague on the Com­ Mr. :FOSTER. If the gentleman makes the point of order, I sup­ mittee on AJ•propriations. pose the Chair will have to sustain it as to a portion of the amend­ Mr. SINGLETON. As a member of the Committee on Appropria­ ment. But I hope the gentleman will not prf'ss the point. tions, and at the same time a Representative from the State of Missis­ Mr. DURHAM. If tbe point is applicable to a portion of the sippi, it is due to myself and to the Hoose that I make a short state­ amendment, it applies as a matter of course t{) the whole. ment of my position in reference to t-his section of the bill. While Mr. SPRINGER. I wish to inquire in regard to the section as re­ I agree with my colleague [Mr. HooKER] ns to the improper and ported by the committee whether it is intended that any part of the unwarranted course that has IJeen pursued by the Secretary of the In­ $6,500 provided for extra clerk hire shall be used in transcribing rec­ terior rega1·ding the seizure of logs and lumber in the State of .Missis­ ords in the Surgeon-General's Office! sippi, first, under a writ of sequestration, which turned out to be an Mr. DURHAM. It is not. The appropriation i8 designed only to improper remedy, the cases baving to be dismi~sed by the court, and supply such demands as Congress may make upon the Treasm·y De­ which as a matter of course ent.ailed a large amount of costs upon the partment during the sitting of Congress; . and as a matter of course Government nnd great inconvenience and loss upon the persons whose it isdiscretiona1·ywit.h tho Secretary of the Treasury whether he will property was seized; folecondly, the indiscriminate seizure of logs and or will not employ these twenty clerks in that Department. lumber lllJder oilier proceedings-! say that while I agree with him The CHAIRMAN. The ChaiJ: would inquh·e of the gentleman from in declaring that !:Inch a cours.e should not haYe been pursued, I want Ohio [Mr. FosTER] whether there is any existing law authorizing it distinctly understood that I cannot by ruy vote give a ca·rte blanche an appropriation for file cases and boxes. · to every man who chooses to go upon the public land and cut timber Mr. FOSTER. Appropriations are constantly made for such pnr­ that belongs to the Government. poses. I think, upon re:flec.tion, I will withdraw my concession that I am here, Mr. Chairman, as the representative of all the people of the point of order would Jie against the amendment; for these appro­ my State, each one of whom has an interest in Government property, priations are constantly ma-de. File-cases are provided for in another and I cannot consent, therefore, to put myself in the attitude of say­ section of this same hill. ing t.hat any single class of them shall have the right to go upon the Mr. DURHAM. Let the gentleman read the section now under public la11ds a.nd depredate at will. I do, hov;·ever, disapprove en­ consideration and see whether any file-cases are provided for there. tirely of the course which has been pursued by the Secretary of the Mr. FOSTER. There is such a provision in another section. Interior; and I voted for the bill providing that these persons whose Mr. DURHAM. Then the amendment might be germane to that property was so ruthlessly and unlawfully seized should have early section, but not to this. trials and have the opportunity of showjng how little of truth there Mr. FOSTER. The gentleman then makes the point that the is in the wholesale charges made against them, of being timber amendment is not germane f thieves. Mr. DURHAM. I do, and that it is new legislation. This bill the President has vetoed, and early trials in these cases Mr. CONGER. I think that both in the Committee of the Whole have been denied them. But I have full faith and confidence in the in­ and in the House it has always been held that whP.rever tho -appro-· tegrity of these J?.len, and predict for the Government failure in these priation itself is germane, any proviso directing or restricting the snits. It will be seen upon an examination of this section that the particular manner in which the appropriation shall be expended is in appropriation of $20,000 is not. made alone for the purpose of prose­ order. · cuting those whom gentlemen have chosen to term'' timber thieves.': The CHAIRMAN. Does the gentlem::m mean to say where an ap- 1536 CONGRESSIONAL RECORD-HOUSE. MARCH 6, propriatiou is in order a proviso giving a part of it to a purpose not ment to perfect the section before the substitute of the gentleman authorized by law would be in order f That would seem to defeat from Ohio [Mr. FosTER] is voted upon f the whole pmpose of the rule. Mr. BAKER, of Indiana. Yes, sir. , Mr. CONGER. I me:m to say it has always been held where an The Clerk read the amendment offered by Mr. BAKER, of Indiana, appropriation is in order :my restriction,.dhectiou, or limitation in Mf~o~: . regard to its use has also been held to be in c;>rder. Where an appro­ .Add at the end of the first section the followin~: priation is in order onder the rule any restriction or limitation would Provided further, That the suw of 15,000 be, and the same is hereby, appropri. fo11ow as a matter of course. a ted, out of nny money in the Trensury not otherwise appropriated, 'to be made The CHAIRMAN. An appropriation for a purpose not authorized available on the passa~e of this act, to enable the Secretary of War to employ ad­ ditionnl clerical force in the record and pension division of the office of the Sur­ by law is not. such a restriction or limitation as would be in order. geon-<:Tenernl of the Army. :Mr. FOSTER. There may not. be any law authorizing the purchase of file cases and boxes for the files of this offi< e, but for many years Mr. DURHAM. I make the point of order on that, that it is not each annual appropriation bill has contained provision for that pur­ authorized by existing law. pose. The CHAIRMAN. The Chair will hear the gentleman from Indi­ The CHAIRMAN. Can the gentleman state whether this is one of ana on the point of order. the expenses necessary for carrying on the ordinary bnsine~ of the Mr. BAKER, of Indiana. By virtue of existing law there is a di­ Treasury Department J. vision in the Surgeon-General's Office charged with answering letters Mr. FOSTER. It is; there is no question about that. from the Pension Bureau in reference to the condition of the official Mr. SPRINGER. That is an argument. records in the Surgeon-General's Office, so as to show the record of the Mr. DURHAM. When we come to that section in regard to the soldier who is asking for a pension. By virtue of that there are a. Pension Office, if my friend chooses to make the point of order on it large number of clerks who are now employed. The num}:>er that is I will let it go out. I will say it is subject to the point of order, if authorized to be employed is not fixed by law, but is changed from the gentlew;m. makes it, and if he does raise it I will not object to its time to time by appropriation bills. But the existence of this division being stricken out. is recognized by the law. It is put under t.he charge of the Surgeon.­ Mr. FOSTER. No one desires to make the point of order. General of the Army, who is invested with power to employ clerks Mr. DURHAM. But I make it so far as you are concerned. for the purpose of executing the duties with which that division is Mr. FOSTER. I do not think tbere is anything in the point. charged. The number of these clerks has been changed in the appro­ Mr. DURHAM. I insist on the point, that it makes an appropria­ priation bills from time to time, and in consequence of the accumu­ tion not authorized by law, and therefore is not in order to this bill. lation of nearly twen t:y thousand letters, delaying the prosecution of The CHAIRMAN. The Chair desirea to inquire aa to the other part applications .for pensions for the period of at least twenty months. it of the amendment, that is 15,000 to be used in repairing and index­ becomes necessary that this appropriation should be made, and it is ing Army rolls in the Second Auditor's Office and other bureaus of made in order to carry out the requirements of the law in regard to the Treasury Department! whether there is any authority of law this Department. for itt Mr. DURHAM. Now, will my friend from Indiana stand up here Mr. FOSTER. That directs only the employment of these clerks and say that to make an appropriation for the Pension Bureau is ger­ in the same work they are now on. mane to a bill providing for temporary clerks in the Treasury Depart­ The CHAIRMAN. Is there any law providing for repairing and ment! Rule 120 says that an amendment to an appropriation bill indexin~ army rolls f must be germane to the bill under consideration; Yon might just as Mr. FOSTER. Why, it is a necessity. w~ll say, when you have a bill making an appropriation for the ex­ Mr. SPRINGER. And necessity knows no law. [Laughter.] ecutive, judicial, and legislative departments of the Government, you The CHAIRMAN. Under the stn.tement of the gentleman from could put on an amendment authorizing the employment of five thou­ Ohio the Chair is compelled to hold that portion of the amendment sand additional soldiers in the Army of the United States. I have out of order. only to state the proposition of the gentleman in o1·der to show bow Mr. FOSTER. I am willing to strike out all after the proviso. utterly fallacious it is. Mr. DURHAM. Now let us have it read as modified. Mr. ATKINS. I wish also to say that the last law fixed the num­ The Clerk read as follows: ber of clerks in the Surgeon-General's Bureau. For that reaaon I For the employment of temporary clerks in the Treaslllj, 135,000. think the amendment of the gentleman from Indiana is out of order. I refer to the last appropri.'ltion a.ct, wbich is the law, of conrse. Mr. DURHAM. I make the point of order there is no law author­ Mr. BAKER; of lndin.na. The last appropriation act, as I stated izing that in the form in which it stands. The only statute in refer­ to the Chair, cut down the number previously authorized by law. ence to the employment of these clerks is to be found in section 171, But that is not a permanent arrangement. and that limits the manner in which clerks shall be employed. I ask Mr. ATKINS. It is the law, nevertheless, and that is the perma­ section lil be read. nent arrangement until the law is changed. The Clerk read as follows: Mr. BAKER, of Indiana. It was the law so far as that bill was con­ SEC. 171. No extra clerk shall be employed in any Departm_ent, bureau. or offiee, cerned, but not any further. at the seat of Government, t:xcept during these sion of Congress, or when indis­ The CHAIRMAN. The Chair is prepared to rule on t.he point of pensably necessary ill answexing some call made by either House of Congress at one session to be answered a.t another; nor then, except by order of the head of the order. The appropriation act fixes the number of clerks in the bu­ Department in which, or in some bnrean or office of which, snch extra clerk shall reau in question. Until that is changed that is the law as to the be t>.mployed. And no extra clerk employed in either of the Departments shall number of clerks. As to the other point made by the gentleman from receive compensation except for time actually and necessaJily emvlo,nd, nor any Kentucky, the Chair is of opinion that a section to employ Treasury greater compensation thacn f3 a day for copying, or $4 a dny for any other service. clerks cannot be added to germanely by an amendment authorizing Mr. DURHAM. The proposition of the gentleman is outside of t.he Secretary of War to employ clerks in tbe Surgeon-Genera.l'tJ that law. There is nothing in 1he law, or in the Revised Statutes, Office. The Chair therefor~ sustains the point of order. authorizing the employment of temporary clerks. Mr. BAKER, of Indiana. If in order, I will, at the proper time, Mr. FOSTER. Does the gentleman claim his own proposition is offer my amendment as an additional section. out of order! Mr. HANNA. I offer the following amendment: Mr. DURHAM. No, sir. I claim it conforms to section 171 of the' In line 4 strike ont the word "twent:-o" and insert •-eighty-five;" and in line 8 Revised Statutes. strike out "f6,500 " and insert "$25,000~ r, The CHAIRMAN. The proposition of the gentleman from Ken­ tucky limits the sum to be paid day by day, while the proposition of Mr. DURHAM. I make the point of order on that amendment. the ~entleman from Ohio appropriates the sum in gross and contains The CHAIRMAN. The Chair will hear the gentleman from Indiana no limitation. [Mr. HANNA] on the point of order if he so desires. :Mr. DURHAM. Yes, sir; as prescribed by section 171 of the Re­ Mr. HANNA. What is the point of order f vised Statutes. Mr. DURHAM. It is not germane. Mr. BAKER, of Indiana. The appropriation of $35,000 must be nec­ Mr. HANNA. Not germane t essarily expended for temporary clerks in the manner required by the Mr. DURHAM. It increases the appropriation and is not in the existing law. line of economy. The CHAIRMAN. The Chair, with all deference to the gentleman Mr. BLOUNT. I should like to hear the section as it will read if from Kentucky, whose familiarity with business of this kind be recog­ amended by the proposition of the gentleman from Indiana, that we nizes, is unable to seewbyit is in order to make an appropriation under may understand what it is. existing law for twenty clerks n.t 2 per day and is not in order to The CHAIRMAN. If the gentleman from Indiana does not desire appropriate the gross sum of $35,000. It cannot be expended of course to speak to the point of order the Chair is prepared to rule upon it. except in accordance with law, and he is inclined to think, therefore, The Chair thinks that upon a bill making appropriations authorized the amendment of the gentleman from Ohio substituting for twenty by law amendments increasing the amount are in order. Be there­ clerks at $2 a day the sum of $35,000 under the direction of the Sec­ fore rules the amendment of the gentleman from Indiana to bo in retary of the Treasury is in order. order. Mr. BAKER, of Indiana. Now, I desire to offer an amendment to· :Mr. ATKINS. Such a.n amendment is in order provided it is ger­ come in at the end of the first section. mane. The CHAIRMAN. Does the gentleman desire to offer his amend- Tho CHAIRMAN. 'l'his is merely an amendment to increase the 1878. . . CONGRESSIONAL ·RECORD-HOUSE. 1537 number of clerks employed and the amount of appropriation. That arguments than those which have been offered in opposition to this of course is 'germane. . amendment. . :Mr. FOSTER. Mr. Chairman, should not the question be first put [Here the hammer fell.] upon my amendment f 'rhis is not an amendment to mine, but is an Mr. SPARKS. I think there is some misunderstanding about this amendment to the original bill. matter. I understand that the Secretary in this case pots the appoint­ The CHAIRMAN. This is an amendment to perfect the original ment of these clerks lar~ely on the basis of charity, that it wonld be text, while the amendment offered by the gentleman from Ohio is to unjust to them to turn them out at this particular time. Bot I will strike out the original text and insert a substitute. The amendment say to the gentleman from Indiana [Mr. HANNA] this: that so far as of the gentleman from Indiana properly comes first. these clerks are concerned, it is an independent proposition of the com­ • Mr. DURHAM. Before the gentleman from Indiana speaks to his mittee. They propose to appoint twenty temporary clerks. There amendment I should like to hear the paragraph as it will read if is no l:.tw for it; but they propose to make it a law to the extent of amended as he proposes. twenty clerks. . Tho Clerk read as follows : Now, sir: under the rule that gentleman can ol)ject to this clause. That the Secretary of the Treasury be, and be is hereby, authorized to employ But if be objects, then I undertake to say that the gentleman Laving not exceedinO' eicrhty-five temporary clerks during the balrince of the present fiscal charge of the bill [Mr. DURHAl\I] will let this clause go out, and if year, at a ra~ n.ot exceed in~ $2 per day each: Provided, That the whole sum t~ be the gentleman fails to object, and wants to increase the number of expended for this purpo e snail not exceed 25,000. temporary clerks to eighty-five, then I will draw the plain rule on Mr. DURHAM. I know that the Chair has decided the point of him, which says that no amendment shall be in order except in the order, but I do undertake to say that the gentleman cannot show direction of 1·etrenchment. any law for eighty-five temporary clerks. Mr. HANNA. Will the gentleman, as a legislator, obstruct pnulic 'fhe CHAIRMAN. Is there any law especially for .twenty tempo­ justice by reading to me a simple rule Y rary clerks, or only a law for temporary clerks generallyf Mr. SPARKS. Yes, sir; if the gentleman does not understand the Mr. DURHAM. If the gentlemen on the other side want to make rule, I will read it to him. If the distinguished gentleman from the point. of order, let the section go out. Indiana [Mr. IlANNA).does not know the rule, and talks without The CHAIRMAN. Under what law does the gentleman report the knowledge of the rule, I will instruct him in the role. billt Mr. DURHAM. It is about time to adjourn, aneen said by the applicable to the bill are those which would control the consideration gentleman from Kentuch."'Y or any other gentlemen who have opposed in Committee of the Whole of a bill which is entirely in order under the positiop that I maintain. I say I repeat that it is a full answer the rules. to their declarations that eighty-five additional clerks is a useless Mr. DURHAM. I now renew the motion that the committee rise. and unnecessary number. The motion was agreed to. When the Secretary of the Treasury tells me, as a Representative The committee accordingly rose; and tue Speake-r having resumed of the people, tba.t eighty-five men can be usefully employed, I take the chair, Mr. PoTIER reported that tLo Committee of the Wholo it that he means there is a necessity for their employment·. •Further bad bad under consideration the bill (B. R. No. 3102) authorizing the than that the Secretary of the Treasury, by way of indorsement of Secretary of the Treasury to employ temporary clerks and making that language, said: an appropriation for the same, aJso making app1·opriation for detect­ I earnestly recommend that Congress will, for the purpose aforesaid, authorize ing trespass on public lands and for bringing into market public the Secretary of the Treasury to transfer from the unexpended appropriation here­ .lands in certain States, and for other purposes, and bad come to no t~fore made for the Bureau of Engraving and Printing the sum of $30,000, or so resolution thereon. · much thereof as may be necessary, for the remainder of the present fiscal year. Will gentlemen t.ell me that by virtue of this letter the Secretary REORGANIZATION OF THE ARMY. of tho Treasury clid not intend earnestly to recommend to this Con­ Mr. BLl'fN!NG, by unanimous consent, from the Committee on Mil­ gress an appropriation sufficient to employ these eighty-five clerks f itary Affairs, reported back, with amendments, the bill (H. R. No. Mr. DURHAM. My friend is a distinguished lawyer, and it is easy 2865) to reorganize the Army of tbe United States, to consolidate for him to find the section of the Revised Statutes authorizing the certain of its staff departments, to reduce the cost of ita support, and employment of temporary clerkR, and if so, to what extent. Now for other purposes; which was ordered to be printed and recommitted, that is a simple, naked, logical proposition. not to be brought back by a motion to reconsider. .Mr. HANNA. I care not by what title yon call them, whether temporary or permanent. I find in looking through the list of per­ ORDER OF BUSINESS. sons employed, a class called permanent, and I find that a portion of Mr. TOWNSEND, of Ohio. I move that tht} Honse now adjourn. this class come from States that have double and nearly treble the The SPEAKER. The Chair would ask the goutleman not to press amount they are entitled to upon a fair ratio of representation. I his motion for a few minutes. represent a State tbat is entitled to eighty-four clerks, and we have Mr. TOWNSEND, of Ohio. Certainly. but sixty-four, a deficit of twent.y. I could name another State, one ENROLLED BILLS SIGNED. of whose Representatives a few days ago objected to this thing, Mr. RAINEY, from the Committee on·Enrolled 'Bills, reported that which is entitled to thirty-two clerks and bas seventy-two on the they had examined and found truly enrolled a bill of the Senate of rolls, and yet a Representative from that State was talking of every the following title; when the Speaker signed the saDie: person applying for office having two Senators and six or eight Rep­ An act (S. No. 17) amending the laws granting pensions to the resentatives at their back. [Laughter.] I flan see how it is that some States have more than their representation and why it is, when soldiers and sailors of the war of 1812 and their widows, and for other we go there we have to stumble over the Senators and Representa­ purposes. tives from States whic)l have more than their quota. NORTHER..'{ PACIFIC RAILROAD. Mr. ATKINS. It is an error of administration. I ask the gentle­ The SPEAKER, by unanimous consent, laid before the }louse a man if he wants to increase this clerical force in order to give States memorial of the Legislature of the State of Wisconsin, relative to an their quota¥ extension of the time for the completion of the Northern Pacific Mr. HANNA. No, sir, not at all; neither does the bill introduced Railroad; which was referred to the committee on the Pacific Rail­ by the gentleman from Kentucky, nor my amendment, increase the road. clerical force. We ought to have a clerical force equal to the de­ MAlL-ROUTE IN WISCONSIN. mands of public business, and does not the Secretary of the Treasury The SPEAKER also laid before the Honse a memorial from the tell us that the public business requires these eighty-five clerks and Legislature of the State of Wisconsin, relative to the establishment that they can be ''usefully employed," and is not the inference that of a tri-weekly mail-route from Whitehall to Eau Claire, fu that there is an actual necessity for their employment f With this kind State; which was referred to the committee on. the Post-Office and of declaration from the Secretary of the Treasury I want better Post-Roads. Vll-97 1538 CONGRESSIONAL ·RECORD-HOUSE. . . MARCH 6,

STURGEON BAY HARBOR OF REFUGE. Times, Cambridge, Ohio, for the abolition of the duty on type-to the 'The SPEAKER also laid before the House a memorial of the Legis. same committee. 1ature of the State of Wisconsin, relative to an appropriation to com­ By Mr. DOUGLA.S ~ The petition of James Munroe, of Stafford plete the breakwater at the entrance of the harbor of refuge in County, Virginia,, for compensation for supplies furnished the United Sturgeon Bay, Wisconsin; which was referred to the committee on States Army-to the Committee on War Claims. Commerce. By .Mr. DURHAM: Papers relating to the pension claim of the BRONZE STATUE OF SAINT GEORGE. children of Benjamin F. McGuire, deceased-to the Committee on Invalid Pensions. . The SPEAKER also laid before the House a letter from the Secre­ By Mr. EVANS, of Pennsylvania: The petition of Rebecca F. Hall, tary of the Treasury, tr~smitting the :petition .an~ paper~ of the for a pension-to tho Committee on Invalid Pensions. • . Society of the Sons of Samt George, Philadelphia, m relation to a By Mr: EVINS, of South Carolina: The petition of citizens o1 refund of certain duties paid on a bronze stat ue of Saint George ; Greenville and Spartanburgh Counties, onth Carolina, for a 'post­ which was referred to the Committee of Ways and Means. route from Campbell's Station, by way of Gowansville, Highland REEDY ISLAl\"D LIGHT-HOUSE. Grove, and Tigerville, to Lima, South Carolina-to the Committee The SPEAKER also laid before the House a letter from the ·secre­ on the Post-Office and Post-Roads. tm-y of the Treasury, transmitting the petition of citizens of Phila­ By Mr. GAUSE: The petitions of the publishers of the Arkansas delphia, praying for the re-establishment of the light-house at Reedy Watchman, Beebe, Arkansas, and of the Clay County (Arkansas) Island, Delaware Bay, with a recommendation that Congress make Courier, for the abolition of the dnty on type-to the C,ommittee of proper legislation for the re-establishment of said light-house; which Ways and Means. was referred to the Committee on Commerce. By Mr. HARMER: Resolutions of the select and common council VICKSBURGH, MISSISSIPPI. of Philadelphia, Pennsylvania, favoring the improvement of the nav­ igation of the Delaware River by removing the island in front of the The SPEAKER also laid before the House a letter from tte Secre­ mty and filling up the horseshoe-to the Committee on Commerce. tary of War, transmittillg a report of a board of engineers on the By Mr. HARTZELL: Memorial of the Cairo (lllinois) Taxpayers' preservation of the water front at Vicks burgh, :Mississippi; which Association, favoring the early completion of and the granting of was referred to the Committee on Commerce. Government aid to the Texas Pacific Railroad-to the Committee on LEA '\'E OF ABSENCE. th ~ Pacific Railroad. Leave of absence was granted, by unanimous consent, as follows: . By Mr. HAZELTON: Memorial of the Legislature of Wiscopsin, for To Mr. SHELL~Y, indefinitely, on account of sic~ess in his fa?Jily. an extension of time to complete the Northern Pacific Railroad-to To Mr. METCALFE, for ten days, on ·account of 1mportant busmess. the same committee. To Mr. STARIN, for ten days, on account of important business. Also, memorial of the Legislature of Wiscon in, for the establish­ ment of a post-route and tri-weekly mail between 'White Hall and MATI'APO:m RIVER, VIRGThLA. Eau Claire, Wisconsin-to the Committee on the Po t-Office and Pos\­ Mr. DOUGLAS, by unanimous consent, introduced a bill (H. R. Roads. No. 3718) appropriating money to improve the Mattaponi River, in Also, memorial of the Legislature of Wisconsin, for an appropria­ Virginia; which was rf',ad a first and second time, referred to the tion to complete the breakwater and the entrance to the harbor of Committee on Commerce, and ordered to be printed. refuge in Sturgeon Bay, Wisconsin-to the Committee on Appropria­ tions. . NAVY-YARDS OF _THE UNITED S~ATES. . By Mr. HENRY: The petition of Ron. J. A. Stewart and others, to Mr. WHITTHORNE, by unammons consent, mtroduced a bill (H. .constitute Cambridge Maryland a port of entry-to the Committee R. No. 3719) to authorize the Secretary of the Navy to classify the on Commerce. ' ' navy-yards of the United States, and to determine the character of By Mr. JAMES: The petition of citizens of Fort Covington, New work to be done thereat; which was read a first and second time, York, for the amendment of the pensien laws-to the Committee on referred t~ the Committee on Naval Affairs, and orqered to be printed. Invalid Pensions. JACOB CRISER. By Mr. JOYCE : Three petitions from wool-growers and sheep- Mr. CLARK, of Iowa, by unanimous consent, introduced a bill (H. breeders of Whiting and Cornwall, Vermont, for a change in the tariff on wool-to the Committee of Way!:! and Means. R. No. 3720) for the relief. of Jacob Criser; which was read a first By Mr. KENNA: The petition of citizens of Fayette and Kanawha and second time, referred to the Committee of Claims, and ordered Counties, West Virginia, against the passage of the tariff bill-to the to be printed. • ' same committee. The motion of Mr. ToWNsiD•'n, of Ohio, was then agreed to; and · By Mr. LAPHAM: Memorial of the Bar Association of Washing­ accordingly (at four o'clock and fifty-five minutes P· m.) the House ton, District of Columbia, for the passagepf the bill to reorganize the adjourned. judiciary of the District of Columbia-to the Committee on the Judi­ ciary. PETITIONS, ETC. By Mr. LUTTRELL: The petition of the publisher of the Truckee The following petitions, &c., were ·presented at the Clerk's desk, (California) Republican, for the abolition of the duty on type-to onder the rule~ and referred as stated: the Committee of Ways and Means. By Mr. .ALDRICH: The petition of Captain A. E. Goodrich and 100 By Mr. MACKEY: The petitions of the publishers of the Milheim othel'B, citizens of the United States, members of the Board of Trade, (Pennsylvania) Journal; of the Centre (Pennsylvania) Reporter; owners of vessels, commanders of vessels, and seafaring men of Chi­ of the Lewisburgh (Pennsylvania) Chronicle; of the True Democrat, cago, Illinois, against transferring the life-saving service to the Navy Lewiston, Pennsylvania; of the Elk Democrat, Ridgway, Pennsyl­ Department-to the Committee on Commerce. vania; of the Clearfield (Pennsy 1vania) Republican, and of the Daily By Mr. BLAND : .A paper relating to the establishment of a post­ and Weekly Banner, Williamsport, Pennsylvania, of similar import­ route between Delmer's Store and Byrnsville, Missouri-to the Com­ to the same committee. mittee on the Post-Office and Post-Roads. By Mr. MITCHELL: ThepetitionofJacobFlock, a brewerofWill­ By Mr. ~OONE: The petitions of Thomas C. Leech and 57 other iamsport, Pennsylvania, against changing the dut.y on malt-to the citizens of Livingston County, Kentucky; of W. T. Smoot and 195 same committee. other citizens of Trigg County, Kentucky; of John L. Dismukes and Also, the petition of Peter Cooper, Cyrus W. Field, A. J. Drexell, J. 60 other citizens of Graves County, Kentucky, and of William Bea­ B. Lippincott, and others, against the passage of any law taxing in­ dles and 180 other citizens of McCracken County, Kentucky, asking comes-to the same committee. the aid of the Government to the Texas Pacific Railroad-to the Also, the petition of the publisher of the Northern Tier Reporter, Committee on the Pacific Railroad. · ~ Port Allegheny, Pennsy1 vania, for the a boll tion of the duty on type­ Also, resolutions of the Manufacturers and Merchants' Exchange to the same committee. of Louisville, Kentucky, of similar import-to the same committee. .By Mr. NORCROSS: The petition of the publisher of the Hamp­ Also, the petition of P. B. McGoodwin and 35 other citizens, of shire County (Massachusetts) Journal, of similar import-to the same Caldwell C01mty, Kentucky, and the resolutions adopted at a pub­ committee. lic meeting of the citizens of said count y, of simi1'tl' import-to the Also the petition of Peter Cooper and others, against reviving the same committee. income tax-to the same committee. • By Mr. BOYD : The petition of the publisher of The Messenger, Also, the petition of William Whiting and others, against an in­ Elmwood, Illinois, for the abolition of the duty on type-to the Com­ crease of the duty on wrought-iron lap-welded boiler fines and mittee of Ways and Means. tubes-to the same committee. By Mr . .BRENTANO: Papers relating to the claim of Hermann J. By Mr. PATTERSON, of New York: The petition of citizens of' Korff-to tbe Committee on War Claims. Cattaraugus County, New York, that bonnties be granted to soldiers By Mr. BRIGHT: Papers relating to the claim of the estate of C. of the late war-to the Committee on Invalid Pensions. B. Cluskey,.deceased-to the Committee of Claims. By Mr. RICE, of Ohio : The petition of the publishl3r of the Mercer By Mr. BURCHARD: The petition of citizens of Illinois, that the County (Ohio) Standard, for the abolition of the duty on type-to the duty on linseed and linseed oil remain unchanged-to the Committee Committee of Ways and Means. of Ways and Means. By Mr. ROBBINS: The petition of Thomas Haynes, G. B. Reves, J. By Mr: ~ANFORD: The petition of th~ publisher of the Guernsey D. Claywell, and 50 other eitizens of North Carolina, against abolishing 1878. CONGRESSIONAL RECORD-SENATE. 1539

the western judicial district ~f North Carolina-to the Committee on I:Maryland, remonstrating against the enactment of any law reviving the Judiciary. a tax on incomes; which was referred to the Com=n.~ttee on.Finance. _By Mr. RYAN: A paper relating to the establishment of a post- Mr. M?~HERSON presented the memorial o~ Albert P. Lake and route between Dodge City, Kansas, and Tnscoso, Texas-to the Com- others, mt1zens of New Jersey, and the memonal of P. W. Cranmer mittee on the Post-Office and Post-Roads. and others, residents along the coast of New Jersey, remonstrating By Mr. SLEMONS: The petitio:v. of citizens of Nevada, Arkan!!as, against the passage of tho bill (S. No. 777) to organize a life-saving fort he issue of greenbacks and the retirement of national-banknotes- and coast-guard service; which were or tiered to lie on the table. to the Committee on Banking and Currency. . Mr. COCKRELL. I present a memorial of numl:)rous citizens of Dy :Mr. SMITH of Pennsvlvania: The petition of Anne Downey, the State of Missouri and of the United States, protesting agaihst the ifor a pension-to'the Committee on Invalicl Pensions. further contraction of the currency, and in favor of the euactmeat of By .Mr. STARIN: The petition of Peter Cooper and others, against the bill which is appended to tile memorial. I move that the peti- l'evivinl}" the income tax-to the Committee of Ways and Means. tion, without the sig-natures and the bill appended to it, be printed By lli. STRAIT: The petition of the publisher of the Rice County and referred to the Committee on Finance. (Minnesota) J9urnal, for the abolition of the duty on type-to the The motion was agreed to. . . . . same committee. Mr. BURNSIDE presented the pehtwn of the Fust Evangelical Also, memorial of the Legislature of Minnesota, for an extension of church, of Clinton-' Massachusetts, and the petition of the Baptist the land grant of the S~int Paul and Pacific Railroad Company-to church, ~f Orange, Massac~ns~tts, si.gne~ by the p~tor, praying f~:n the Committee on Puhhc Lands. the appomtment of a commlBslon of mqmry concernmg the ·alcoholic By Mr. THOMPSON: The petition of 500 citizens of the twenty- liquor traffic; which were ordered to lie on the table. sixth congressional district of Pennsylvania, against taxing tea and .Mr. ING.A.L.LS preser;tted tho petit~on of M~ry E. Parker, of Cam- eo:ffee-to the Committee of Ways and Means. den, New Jersey, praymg for a pensiOn; which was referred to the By Mr. THROCKMORTON: A paper relating·to the establishment. Commi ttoe on Pensions. · of a post-route from Weatherford, by way of Dido nnd Elizabeth- Mr. PADDOCK. I send a telegram to the Clerk's desk to be read town. to Denton, Texas-to the Committee on the Post-Office and Post- which I ask to have referred to the Committee on Finance. I will Roads. state that the·telegram is in ::mswer to ~communication addressed to By .Mr. TOWNSEND, of New York: The petition of the publisher tho Director of the :Mint in relation to some statistics which were of the Troy (New York) Budget, for the abolition of the duty on~- furnished during the last Congress in relation to the establishment to the Committee cf Ways and Means. of a branch mint at Omaha, Nebraska. It is only a few words. lly Mr. TOWNSEND, of Ohio: Tho petition of John Holland, Ed- The VICE-PRESIDENT. The telegram will be read. ward McGuire, and 100 other citizens of Northern Ohio, against any The Chief Clerk read the following telegram; which was referred change in the present tariff on grind and building stone-to the same to the Committee on Finance: ' eommittee. . [From Treasury Department.] B:v Mr. TOWNSHEND,of Illinois: The petition of the publisher of W.ASHINGTOY, D. 0., Mareh 6, 18';'8. 1 the 'Democrat, Mount Carmel, Illinois, for the abolition of the duty To Hon. A. S. PADDOCK, on type-;-to tho same committee. . . United States Senate: By Mr. VANCE: The petition of ,V. L. Heyanis, W. J. McClaugh- Wehavenosta.tistics,a.ndcanonlysaythatthereisa.tOmahaoneofthelargest erty, and others, of. Mitchell County, North Carolina, against the and best-appointed gold and silver smelting works in the United States. abolition of the western judicial district of North Carolina-to the H. R. LINDERMAN. Committee on the Judiciary. PACIFIC RAILROADS. By Mr. WATSON: A paper relating to the establishment of a post- 1\Ir. ANTHONY, froin the Committee on Printing, to whom was route from Grand Valley to Eldrid Corners, Pennsylvania-to the referred a resolution to print extra copies of report No. 111, accom- . Committee on the Post-Office and Post-Roads. panying Senate bill No. 15, reported it without amendment, and it was By Mr. WILLIAMS, of Wisconsin: The petition of citizens of Ra- considered by unanimous consent and agreed to, as follows : eine and others, residing along the shore of Lake Michigan, Wiscon- Resolved, That 500 copies of Senate report No.lll, with the amendment reported sin, against the transfer of the life-saving service to the Navy De- by the Committee on the Judiciary to the bill (8. No. 15) to alter and amend the artment-to the Committee on Commerce. act entitled "An act to aid in the construction of a railroad anti telegraph line from P the Missouri River to the Pacific Ocean, and to secure to the Government the use By :Mr. WILLIAMS, of Alabama: The petition of J · R. Rogers, of the same for postal, military, and other purposes." approved July 1, 1862, and publisher of the Union Springs (Alabama) Herald, for the abolition also to alter nnd amend the act of CongressapprovedJuly2, 1864, in amendment of of the duty on type--:-to the Committee of Ways and Means. said first-na;m.ed act, be printed in document form for the use of the Senate. By Mr. WILLIAMS, of Oregon: Two petitions of citizens of Wa-sh- AMENDMENT OF THE PATENT LAWS. ington and Marion Counties, Oregon, for the extension of the time Mr. ANTHONY, from the Committee 011 Printing, to whom was for the completion of the Northern Pacific Railroad-to the Commit- referred a resolution to print ext1·a copies of the report accompany­ tee on the Pacific Railroad. ing Senate bill No. 300, reported it without amendment, and the res- Also, tho petition of the publisher of the Bedrock Democrat, Baker . olution was considered by unanimous consent, and agreed to, as City, Oregon, for the abolition of the duty on type-to the Commit- follows: tee of Ways and Means. Resolved, That 1,000 extra copies of the report accompanying the bill (S. No. 300) to amend the statutes in relation to patents, and for other purposes, be printed for the use of the Senate. BILLS INTRODUCED. Mr. PLUMB asked, and by unanimous consent obtained, leave to IN SENATE. introduce a bill (S. No. %!>) for the relief of Charles L. Davenport; which was read twice by its title, and, with the accompanying peti­ THURSDAY, March 7, 1878. tion, rcfeiTed to the Committee on Public Lands. Prayer by Rev. JoHN CHESTER, D. D., of Washington City. Mr. ROLLINS (by request) asked, and by unanimous consent ob­ .I The Journal of yesterday's proceedings was read and approved. tained, leave to introduce a bill (S. No. 860) for the relief of James Fellows; whicp was read twice by its title, and referred to the Com­ PETITIONS AND MEMORIALS. mittee ou Post-Offices and Post-Roads. :Mr. CAMERON, of Pennsylvania, presented the memorial of E. Mr. HOWE asked, and by unanimous consent obtained, leave to Spencer Miller, William M. Evarts, and others, citizens of the United introduce a bill (S. No. 861) relating to telegraphic communications States, remonstrating against the pass,age of any law imposing a tax between the United States ancl foreign countries; which was read ()n incomes; which-was referred to the Committee on Finance. twice by its title, and referred to the Committee on Foreign Relations. He also presented the memorial of William Spencer and others, Mr. WITHERS asked, and by unanimous consent obtained, len.ve -citizens, ship-owners, and mariners, of Erie, Pennsylvania, remonstrat­ to introduce a bill (S. No. 862) granting a pension to George Foster; ing against the proposed transfer of the life-saving service from the which was read twice by its title, and referred to the Committee on Treasury to the Navy Department; which was ordered to lie on the Pensions. - table. Mr. COCKRELL. I ask leave without previous notice to intro­ He also presented a resolution of tho General' Assembly of Pennsyl­ duce a bill, and I ask that it be read in full the first time, aBd I shall lfania, in favor of the passage of a law giving a pension to the veterans then ask for its reference . .of the Mexican war; which was referred to the Committee on Pensions~ By unanimous consent, leave was granted to introduce a bill (S. No • . ~· KERNAN presented the petition of H. M. Seymour and others, 8G3) to provide for tho organization of the :Mississippi River im­ ·Cltlzens of New York, praying for the passage of a bw for the equal­ provement commission and for the correction, permanent location, ization of bounties; which was referred to the Committee on Military and deepening of the channel and the improvement of the navigation .Affairs. of said Mississippi River; which was read by its title. He also presented a memorial of Henry E. Hopkins and 694 others, The VICE-PRESIDENT. The bill will be. referred to the Com­ .and the memorial of Sidney Smith and 423 others, re2idents of the mittee on Commerce. southern coast of Long Island, remonRtrating ag:Jinst the passage of Mr. COCKRELL. There is very little morning business, and the the bill (S. No. 777) to organize a life-saving and coast-guard service; bill is not long. I ask that the bill be road in full. I believe it is which were ordered to lie on the table. in oruer to have that done. . :Mr. WHYTE presented the memorial of Eaton Brothers, E. Pratt The VICE-PRESffiEN~ The bill will be reacl the second time at .& Brothers, Hamilton Caster & Sons, ancl others, citizens of Baltimore, length.