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commissary, paymaster's, adjutant general's, ments, and as this vacancy had already oc ELECTION OF MEMBERS-PAY OF CONTESTANTS. and other departments had a brigadier general curred and as this gentleman had been nom On motion of Mr. DAWES, by unanimous at the head. General L. Thomas was the head inated to fill the vacancy, I think it would be of the adjutant general's department and was
consent, two bills introduced by him last week, unjust to him if his confirmation should be
one fixing the time for holding elections of retired a short time since by Mr. Johnson, and prevented by the law of last session, while that
members of Congress and the other to reguColonel E. D. Townsend, the present head of law does not affect the head of any other de late the compensation of contestants were ihat department, was appointed in his place partment. Hence this joint resolution was ordered to be printed. and nominated to the Senate for promotion to proposed, and has been agreed to by the Com
AMERICAN NAVIGATION INTERESTS. the rank of brigadier general. The Army bill mittee on Military Affairs. of the last session passed while his nomina I have nothing to say as to what the Com
Mr. LYNCH. I. ask consent to offer the tion was pending before the Senate. Unless
mittee on Military Affairs will do at any future following resolution : this joint resolution shall pass he will be cut day; but if I should ever attempt a reduction
Resolved, That a seleet committee of nino be apoff from confirmation as brigadier general.
pointed to inqaire into and report at the next session of the rank it would not be by waiting until
of Congress the causo of the great reduction of This is recommended by the committee in order somebody had died or had in some other man American tonnage engaged in the foreign carrying that all the heads of these staff departments
trade and the great depression of the navigation per got out of the way. I would reduce the shall have the same rank at the time the law
interests of the country; and also to report what rank by positive law. That bas been and is
measures are necessary to increase our ocean tonof the last session goes into operation. I have my theory in regard to this matter. In acting nage, revive our navigation interesits, and regain for heretofore been in favor of cutting down all on this bill the committee were of opinion
our country the relative position which it once held these staff appointments; yet it scems to me
among the nations as a great maritime Power. that a distinction should not be made against necessary that the heads of these departments the adjutant general's department as com
Mr. ALLISON. I object. should have equal rank. This joint resolution pared with other departments, and that we
Mr. LYNCH. I move to suspend the rules is to provide that this particular appointment should not prevent the confirmation for a
for the purpose of passing the resolution. I shall not be interfered with. vacancy which existed at the time of the pas
will state that a majority of the Committee on Mr. GARFIELD. The object of the bill of sage of the act of last session. It was for this
Commerce, including the chairman, are in
favor of it. the last session was to provide for future re reason the committee reported the bill, and duction of the rank of officers of the staff not because they were in favor of increasing
The motion to suspend the rules was agreed departments, so that there should not be a the rank or the number of officers of the Army.
to; and the resolution was passed. brigadier general at the head of each one of The joint resolution was ordered to be en.
Dr. LYNCH moved to reconsider the vote by those departments, as was the case at that time, | grossed for a third reading; and being engrossed,
which the resolution was adopted; and also and to provide that as vacancies occurred in
moved that the motion to reconsider be laid it was accordingly read the third time, and those departments they should not be filled || passed.
on the table. until the heads of those departments should Mr. LOGAN moved to reconsider the vote
The latter motion was agreed to. be held by officers of the rank of colonel. Since by which the joint resolution was passed; and
PUBLIC EXPENDITURES. the passage of that act a vacancy has occurred also moved that the motion to reconsider be Mr. LAWRENCE, by unanimous consent, in the adjutant general's department, and laid on the table.
introduced a bill (H. R. No. 239) to limit now a colonel is at the head of that depart The latter motion was agreed to.
public expenditures; which was read a first ment. If similar vacancies should occur in
BURLINGTON AND MISSOURI RIVER RAILROAD. and second time, referred to the Committee on all the other staff departments we should then have what the law contemplated, a colonel, and Mr. ALLISON. I ask that the House, by Appropriations, and ordered to be printed. not a brigadier general, at the head of each of unanimous consent, take from the Speaker's
EMPLOYÉS IN THE TREASURY DEPARTMENT. those departments. If now, on the occur. table for consideration at the present time a Mr. DAWES. The Committee on Approrence of the first vacancy, we let up the law joint resolution (S. R. No. 29) in relation to
priations have requested me to ask for the in regard to it, and then do the same thing in the Burlington and Missouri River railroad
adoption of the following resolution, on which regard to another department and another, it branch of the Union Pacific railroad.
I demand the previous question : would bring us back precisely to our old condi. The SPEAKER. The joint resolution will Resolved, That the Secretary of the Treasury be tion, with a brigadier general at the head of be read for information, after which there will directed to communicate to this House whether any, each of these departments. Why should we be an opportunity to object to its considera
and if so, what employés of the Government in the
Treasury of the United States have been paid as thus - let down the bars'' the first time a va tion.
eompensation or salary within the last two years a cancy occurs, and revert to the system of hav The joint resolution, which was read, pro larger im than wis specifically appropriated for ing brigadier generals where before the war vides that the act of Congress, approved June
that purpose, giving the names of such persons, if
any thoro are, the sum so paid to each, when paid, we had only colonels? Under the law as it 2, 1864, granting certain lands to the Burling. and by what authority of law the same has been done. existed prior to the act of last session we had twenty-seven generals for an army of thirty- || aid in extending its road through the then l'er
main question ordered ; and under the operasix thousand men, while before the war we had || ritory of Nebraska, to connect with the Union
tion thereof the resolution was agreed to. but three generals, all told, for an army of
Pacific railroad, shall be so construed as to Mr. DAWES moved to reconsider the vote twelve thousand. In view of this fact, that anthorize the Burlington and Missouri River
by which the resolution was adopted; and also with three times as many men we had nine
Railroad Company to assign and convey to a moved that the motion to reconsider be laid times as inany generals as before the war, we railroad company to be orgavized under the
on the table. passed the act of last session. I believe my laws of the State of Nebraska all the rights,
The latter motion was agreed to. friend from Illinois agreed with me at that time powers, and privileges granted and conferred
EMPLOYÉS IN THE NAVY DEPARTMENT. that we ought to take measures to reduce the by said act and subject to all the conditions manber of gencrals; and we could devise no and requirements therein contained, with the Mr. DAWES also, by npanimous consent, better way of meeting the difficulty than by additional right to change the located line of offered the following resolution ; which was providing that wbenever a vacancy should oc
said road so as to connect with the Union Pa. read, considered, and agreed to: car in the line of generals it should not be citic road at any point east of the one hundredth Resolved, Tbat the Secretary of the Navy be di
rected to communicate to this Ilouse whether any, filed. Such a vacancy has now occurred, and ineridian of west longitude.
and if so, what employés of the Government in the the bill of the gentleman proposes, as I under Mr. WASHBURN, of Wisconsin. I object. || Navy Department have been paid as compensation stand, to fill that vacancy, and thus prevent
Mr. ALLISON. I think the gentleman will or salary within the last two years a larger sum than the redaction for which we have provided. withdraw his objection when he has heard an
was specifically appropriated for that purpose, giving
the names of such persons, if any there are, the sun Mr. LOGAN. Mr. Speaker, I will answer explanation.
paid to each, when paid, and by what authority of the gentleman. So far as regards the reduc Mr. WASHBURN, of Wisconsin. I should law the same has been done. tion of the Army I think no one will accuse be glad to hear an explanation ; for it lonks to Mr. DAWES moved to reconsider the vote ine of ever trying to increase the Army since me as though this bill contained an additional || by which the resolution was adopted ; and also I have been a member of Congress. But I land grant.
moved that the motion to reconsider be laid am willing at all times to do justice, and I Mr. ALLISON. I will say to the gentle. on the table. always try to do it. I was in favor of cutting
The latter motion was agreed to. down the beads of these departments by a bill Mr. VAN AUKEN. I object to debate.
HOSPITAL BUILDINGS, ETC. reducing their rank. The gentleman from Mr. ALLISON. Then I move to suspend Ohio, [Mr. GARFIELD,] when chairman of the the rules in order to consider the resolution.
Mr. DAWES, from the Committee on Committee on Military Affairs, did not agree The question being put, there were-ayes
Appropriations, submitted the following reswith me, and would not assent to that meas 39, noes 38; no quorum voting.
olution ; which was read, considered, and ure, urging instead the provision to which he Tellers were ordered; and Messrs. ALLISON
agreed to : bas referred. Bat the case contemplated by and VAN AUKEN were appointed.
Resolved, that the Committee on Appropriations
be directed to call upon the Secretaries of War and this bill is one which should properly be made The House proceeded to divide, but without of the Navy to report without delay the number and an exception to that rule. At the time of the announcing any vote Mr. Allison withdrew location of hospital buildings, barracks, transports, passage of the act to which the gentleman re. the resolution.
and barges, and the present and contemplated use fers there was a vacancy as to the head of the
of the same; also condemned or unused ordnance, Mr. WASHBURN, of Wisconsin. I have
food, and clothing, medical supplies and lumber in adjutant general's department, and General an amendment to offer, and if it is allowed to the possession of the surgeon general, commissary Townsend had been nominated to fill that va be offered I will withdraw my objection.
and quartermaster general's, Freedmen's Bureau, or
other bureaus of their respective departments located cancy. Inasmuch as the provision referred to The SPEAKER. The resolution is not
within the District of Columbia or the adjoining did not reduce the heads of the other depart before the House.
counties of Maryland and Virginia.
ton and Missouri River Railroad Company to The previous question was seconded and the
Mr. DAWES moved to reconsider the vote bill undoubtedly, either passing a bill to re wise for us to let the Senate determine upon the by which the resolution was adopted ; and also || peal or to suspend it before that time. So day for the final adjournment of this session. moved that the motion to reconsider be laid far as other general legislation is concerned, If they fix upon a day, then we should acon the table.
so far as action on the bills which bave been quiesce in it, so that we can make our own The latter motion was agreed to.
introduced here by the dozen is concerned, I arrangements for the adjournment and the
think it would be far better for the country country can accommodate its business to our THE EIGHT-HOUR LAW.
that we should not act on them now. If the action. Mr. DAWES, by unanimous consent, sub. Senate see fit they can take up and agree to Mr. LAWRENCE. I now yield to the genmitted the following resolution ; which was our concurrent resolution after passing the tleman from Massachusetts, [Mr. BUTLER.) read, considered, and agreed to:
Indian appropriation bill and the tenure-of Mr. BUTLER, of Massachusetts. If I were Resolved. That the Committee on the Judiciary bo | office bill, and I shall be content, and I think of the opinion that my colleague [Mr. Dawes) instructed to inquire whether any legislation is necessary to secure to Government employés uniformity the country will be very glad of it.
has expressed, that it were better that we had of compensation under the eight-bour law, and an
Mr. LAWRENCE. I now yield five minutes never met here at all, I should be of the opin. administration of the same according to its true to the gentleman from Massachusetts, [Mr. ion that he is, that we had better adjourn now intent, and that they be authorized to report by bill Dawes.
without doing anything, because the one in. or otherwise, Mr. DAWES moved to reconsider the vote
Mr. ÞAWES. I hope this resolution will volves the other. There are things which bave by which the resolution was adopted ; and also
not prevail, for it seems to me that in that way happened since we met here that perhaps might moved that the motion to reconsider be laid
we would be making arrangements for a long have led me to think we bad better not have
session at this time, one that will extend into met here at all; but I did not know anytbing on the table. The latter motion was agreed to.
the coming summer. I do not suppose the had bappened to lead my colleague to think
Senate will agree to the resolution which we 80. However, I must insist, that we are now ADJOURNMENT OF CONGRESS.
have sent to them, without an amendment post bere in session. We have three States of this Mr. LAWRENCE. I move to suspend the || poning the time for the final adjournment of Union now in an unreconstructed condition. rules and pass the resolution which I send to
this session some days beyond that named by Mr. LAWRENCE. Four of them; Georgia the Chair.
us in that resolution. Now, if we recall that also. The Clerk read the resolution, as follows: resolution and enter upon general legislation Mr. BUTLER, of Massachusetts. Yes, four Resolved, That the concurrent resolution for the
not only will we be destined to remain here for of them; and the condition of each and all action of the two Houses of Congress by which the weeks and perhaps months, but in my opinion of thein is such that no man's life is yet safe time of adjourninont of this Congress is fixed for we will commence a career of legislation which therein. We see by the morning papers a Friday next, and now pending before the Senate, be recalled for further consideration, and that a mes
will be fruitful of anything but good. I think clergyman is shot down as he is performing sage be sent to the Senate requesting the return of
it would have been better for us had we not the sacred sacrament of marriage; and men the same.
met at all on the 4th of March, better for us are taken out of the jails and hanged or sbot. The SPEAKER. The Chair will rule that that we had adjourned at the end of the first Yet we are asked now to go home and leave this is a question of privilege and a suspension || week of this session, than that we should adjourn the country in this condition, without any laws of the rules will not be needed. The resolu next Friday; and worse than all, if we put off to meet the case. We have put Georgia in tion is before the House.
the day of final adjournment more than two such a position that she is no longer under Mr. LAWRENCE. I will state, then, if it weeks from this time.
that military control which we formerly exer. be in order, that the bills now before the Com. There is nothing in the way of our adjourning | cised over her. We leave Mississippi so that mittee on Reconstruction, in my judgment, and next Friday but the want of a disposition to she cannot be reconstructed; we leave Texas I have no doubt in the judgment of a majority address ourselves to such legislation as is ab. so that she cannot be reconstructed. All our of that committee, ought to be acted on at this solutely necessary to enable us to finish by next reconstruction measures for Virginia bave thus session of Congress. The reconstruction of Friday or next Monday. For my part, I prefer || far failed. Virginia, Texas, and Mississippi, and some that our resolution shall remain with the Senate In view of these things we are not in a conlegislatiou in relation to Georgia, are all un rather than we should recall it and in that way dition to go home. I know we are paid by the doubtedly necessary. It will be impossible to invite ourselves to enter upon general legisla. year. Many of us, myself among the number, perfect that legislation if this Congress should | tion at this time. I shall consider it a very are anxious to get away. But so long as any adjourn on Friday next. There are other meas bad omen for the future if this Congress shall public duty remains to be performed we are ures of importance before Congress which it determine at this time to enter upon general bound to remain here as much as though we will be impossible for us to perfect so as to || legislation. I bad supposed that if anything were not paid by the year. adjourn on Friday.
were understood by this House, by this Con Mr. DAWES. I would like to put an inquiry Mr. BUTLER, of Massachusetts. Will the gress, and by the country, it was that we were to my colleague. Under the reconstruction gentleman yield to me for a moment?
to do very little nore than organize at this laws, if I understood him aright the other day, Mr. LAWRENCE. I will.
time; that certainly we were not to enter upon are not the offices to be filled by the commandMr. DICKEY. Is this question debatable ? any such general legislation as should continue ing generals in all three of the States he has The SPEAKER. It is.
us here in session beyond the last Friday of named, and does he not think it quite as well to Mr. BUTLER, of Massachusetts. I desire this month. I shall regret exceedingly if the hold those States under military rule as to give to state another reason why we should recall House shall now recall the resolution we sent them representation on this floor under the cir. that resolution. We have passed this concur. to the Senate and put no limit upon this ses. cumstances now prevailing in the State of Georrent resolution and sent it to the Senate to sion. If we are here without any limit upon gia? Has not my colleague learned that if we adjourn at twelve o'clock on Friday. The Sen the session we will probably enter upon all made any mistake at the end of the session last ate has adjourned to-day without taking any manner of legislation. There will be no dis summer it was in making haste to admit Reprevote at all upon the question of the tenure-of: position upon our part to finish up what wesentatives from States not thoroughly reconoffice bill. The Senate may at any moment have to do; but we will enter into interminable structed ? Have not circumstances convinced act on our concurrent resolution and agree to debate upon unimportant matters and measures my colleague of the propriety of being more it, and then this Congress is adjourned on Fri. which may just as well be postponed until the careful in the future, of being slow and sure" day. Suppose the Senate should pass a bill next session, or better yet, not introduced at in the work of reconstruction? Since the gen. to suspend the tenure-of-office act and then all. I do entreat the House not to indicate tleman procured the recommitment of the bill adjourn on Friday before we could consider at this time any disposition of tbat kind. In granting the extension of thirty days in the this new proposition, the whole question might my opinion no such injury can occur to this case of Virginia has anything occurred to make fall between the two Houses.
Administration at its beginning as to have at him feel that the interests of the country can. I desire, therefore, for one, that we sball the outset this Congress here engaged in legis. not be safe until Congress shall make itself a have this matter in the hands of the House. lation.
perpetual body? If there is anything of that Besides, I agree with my friend from Ohio (Mr. Mr. LAWRENCE. I now yield five min kind I do not know it, and I wish my colleague LAWRENCE] that there is necessary legislation utes to the gentleman from New York, (Mr. would indicate it. which cannot be perfected by Friday: The Brooks.]
Mr. BUTLER, of Massachusetts. I will do Indian appropriation bill, for instance, has not Mr. BROOKS. The honorable gentleman so. I think with my colleague that in the work yet been considered by the Senate. There are from Massachusetts [Mr. Dawes] has said of reconstruction we ought to bave “ made divers other bills which must and ought, with | nearly all I intended to say. Therefore I have haste slowly.” But the difficulty is we have not proper conduct of public business, to be con only to say that I trust the majority-we of the || done so. We have put Georgia in such a posisidered, and I think we had better keep the minority, of course, amount to nothing in this tion that she is but measurably under military matter in our own hands.
matter-will at least fix upon some day of rule. The question whether we will attend to Mr. LAWRENCE. I yield now to the gen | adjournment, and settle that day as soon as pos the legislation demanded by the condition of a tleman from Illinois, [Mr. FarnswORTA.) sible, not only for our own welfare, but for || portion of the southern States is a question of
Mr. FARNSWORTH. Between tbis and the benefit of the now agitated interests of the life and death to the Union men of the South Friday there are four days. During the last country. If we continue much longer in ses to-day. There is not one of those men who three or four days of the last session we trang. sion there will appear here those same par. will not tell you that our going home at this acted a great deal more business than there is ties who appeared here during the last session time and leaving things as they stand there pending now before the two Houses which is urging and pressing various measures which would be felt as a desertion of the Union men likely to be transacted before we adjourn. The were before us, It seems to me, therefore, of the South-a turning of them over to their Senate can certainly act on the Indian appro following the advice of the gentleman from enemies. priation bill, as it will on the tenure-of office Massachusetts, (Mr. Dawes,] that it will be I will say in reply to my colleague that noth
ing has occurred to change my views on this adjourn, and they will be just as competent to it appears from the debates in the Senate that question since the recommitment of the bill determine that next week or the week after as they have been ratified when there were but granting an extension of thirty days with regard they were last week when the resolution passed three Senators present. to offices in the State of Virginia; but the diffi which it is now proposed by the pending reso Mr. MAYNARD. Mr. Speaker, are the culty is, and no man would understand it better lution to reconsider. But I do not have that remarks of the gentleman in order reflecting than my colleague if he had examined the sub dread of general legislation which the gentle. upon the action of the Senate ? ject, that in some of the southern States the man from Massachusetts seems to have. His The SPEAKER. So far as the language is officers in authority have not the legal power whole argument, as well as that of the gentle a reflection upon the Senate it is not in order; and authority to execute justice and maintain man from New York, assumes that Congress so far as it is an attempt to show why Con. the laws.
cannot be trusted in the exercise of a discre gross should remain in session it is in order. But, sir, there is another matter to which I tion to legislate upon such measures as may Mr. LAWRENCE. I do not mean to reflect want to call attention. This question with re. be brought before it, or to decline to act upon upon the Senate. I have a profound respect gard to adjournment is really a question simply those measures. I think, Mr. Speaker, that for the ability and integrity of that, body and as to the day on which the House alone shall the time is soon to come, if it has not already | its members. But I deny that the treatyadjourn. Under the resolution of the House, arrived, when the public interest will demand | making power is as broad as the Senate claims if it be concurred in as passed by us, we shall that Congress shall remain in session almost it to be, and I maintain that Congress can by adjourn on Friday, and the Senate will remain all the time. This is a vast and complicated | law regulate many of the subjects embraced in session for executive business. This is Government, with great interests, and corrup. in so-called treaties, and that for this very exactly what we did two years ago, under the tion always creeps into the Departments the reason we ought not to adjourn. lead of very conservative gentlemen of this more readily when Congress is not in session. I quote the language of the debate in the House. What was the result? Our backs were The presence of Congress is therefore useful Senate not for the purpose of reflecting upon not fairly turned before the treaty for the pur at all times to act as a guard upon all the De that body. It would seem that the Senate is chase of Alaska was agreed to by the Senate partments of the Government. "Investigations not responsible for all the treaties. The Senate and thrust upon the country. We were then || by committees of Congress not only remedy | is not responsible for what three men may do. told that there was nothing for us to do but to ascertained evils, but the fear of such investi- || I quote the Senate debate to show that Conmake the appropriation of money which that gations prevents many public wrongs. Con. gress ought to remain in session as long as treaty contemplated. We had not turned our gress is the guardian of the public interests, there is a pending treaty, so that we may exer: backs before there took place such occurrences and it should be vigilant and ready to act at cise our legislative power over the treaties and in regard to offices that I know many members all times. The gentleman from Massachusetts | determine what the interests of the country in wished themselves back, if I may judge by [Mr. BUTLER] has said that Alaska came in relation to them may require. There is a very their conversation We all know that if we upon the Senate after Congress adjouned two || important Indian treaty before the Senate at adjourn at the time proposed the Senate is to years ago. It did ; and there is now before the this time, as we learn from the New York Herald, be left here; the Senate is to be in control. I Senate an Indian treaty, and I want this Con. and we are indebted to that paper or its enter: think that under all the circumstances it is the gress to remain in session so as to exercise the || prising correspondent for giving the country duty of the House of Representatives to stay legislative power over that matter. For if it information in relation to iis provisions which here.
shall be ratified by the Senate after Congress we could not otherwise have. These treaties Mr. DAWES. To take care of the Senate ? adjourns, as it may be, and if it shall be car are made in secret, negotiated in secret, con(Laughter.)
ried into effect it will call from your Treasury | sidered and ratified in secret, all without reaMr. BOTLER, of Massachusetts. To take $13,000,000 in a single year. Hence it is that son for secrecy so far as Indian treaties are care of everybody that the people's interests I want this Congress to remain in session long concerned. I repeat again that the Indian require should be taken care of. No man enough to determine whether such a treaty as tribes are not independent nations, competent frightens me by saying, “To take care of the that, if it should be ratified, shall draw from as such to enterinto treaties ; for if so, they could Senate." I desire to keep within the bounds the Treasury $13,000,000 to carry out its || sell the lands they occupy to Great Britain or of parliamentary language; and therefore I say, provisions.
otherwise negotiate treaties with other nations, to take care of everybody that wants taking In some remarks that I submitted on Friday | which this Government has never conceded or care of. We are paid for staying here and last I was called to order for speaking of a coör
permitted. attending to the duties with which as Represent. dinate branch of the Government. I desire to The SPEAKER. The Chair is compelled atives of the people we are charged ; and we say that I did not in my remarks do entire to remind the gentleman from Ohio that bis shall be, in my judgment, false to our duty if justice to the Senate on that occasion, but I course of argument is not parliamentary, and we do not remain here at the present time, ain willing to do justice now. I ask the Clerk | not in order. It involves a reflection on what declining to fix a day of adjournment until to read the extracts from the Washington cor may be done and what has been done by the important measures yet claiming our attention respondence of the Cincinnati Gazette which Senate. shall bave been acted on.
I send to the desk, to show the mode in which Mr. LAWRENCE. I presume the Chair is My friend from Illinois (Mr. FARNSWORTH] some of these Indian treaties have been ratified. correct; I bave no doubt of it, but I meant no says that in the last three days of the session The Clerk read as follows:
reflection. I only wished to controvert the recently closed we did a great deal of business. “This important and most significant fact was constitutionality of the Indian treaties and urge So we did; but how did we do it? By work broughtout by Senator Anthony in the hour's session upon tbis House not to adjourn while one is
of last September. ing all night ; and we did it in a way that I do
** It came out in the debate upon the question of pending. But I leave that subject. And I not want to see followed in what we may do doing any business without a quorum. As found in | will say, then, as has been said by the gen·le. hereafter. Let us finish up our legislation by
volume sixty-nine of the Congressional Globe, page man from Massachusetts, [Mr. Butler.] the ordinary day sessions and with full examin.
4519, it is thus reported:
chairman of the Committee on Reconstruction, ation. Let us have no more working at nights. passed in both Houses, when all knew there was no that there are four States of this Union unreLet us not fix a time four days ahead at which quorum. I have known some treaties to be nego
constructed. There is such a state of violence tìated here when there were but three Senators preswe shall adjourn and then crowd measures in ent, and yet nobody doubts the validity of those
and terrorism prevailing in those States that helter-skelter, everything being done by con
there is no safety for lite or person or prop. ference committees and enrolling clerks with:
Mr. POMEROY. The Senator does not mean to say erty in any of them. If we do not provide by
they were “negotiated," I hope ? out any proper examination on the part of the
Mr. ANTHONY. No. "ratified." I do not know
all the means within our power for the preserHouse. "Let us have fair and full discussion but I might say “negotiated" here. I believe the vation of peace in those States all the blood on the measures that may come before us. In
Senator from Kansas had charge of them. They were that will be shed in them from now until this
Indian treaties. They might have been amended our anxiety to get away we insist on passing here, and thus I might almost say they were nego
Congress shall assemble in December next will upon all matters under the operation of the tiated here.''
be upon the skirts of this Congress, and it is previous question. Let us extend the session The debate bere quoted is found in the Sen. our duty before we adjourn to dispose of these sufficiently to allow questions to be properly ate proceedings of September 21, 1868. It is, States in such mariner as the judgment of discussed. Our friends on the other side want of course, well understood that when a Congress this Congress may deem best. There are other to discuss questions, and we hold them in check expires all pending bills die with it. But not measures of public importance before us. I by the previous question. I propose that we so with treaties. They go over from one ses. have no fear that Congress will embark in shall stay here a little longer and have proper sion to another and can be acted on at any schemes of legislation not demanded by the discussion. Let us not act hurriedly. Let us time, for the Senate, unlike the House, is cou interests of the country. The argument in "make baste slowly." I hope that we shall tinuous. It is not renewed by an entire change favor of an early adjournment, that Congress recall our resolution from the Senate and fix of all its members at one time, making a new will embark in general legislation, could be hereafter with suitable deliberation the day body.
employed against any session at all, even when when we shall be ready to adjourn.
Mr. FARNSWORTH. I rise to a point of we meet in December next. Certainly we can Mr. LAWRENCE. The objection made by order. The Indian treaties that are ratified be as safely trusted now as we can then. If thegentleman from Massachusetts (Mr. Dawes) by the Senate have nothing to do with the the argument of the gentleman from Massato the passage of this resolution is that if it be question of adjournment.
chusetts (Mr. Dawes] be correct it would be adopted we will embark in schemes of general The SPEAKER. The Chair will hardly | valid against any session of this Congress. legislation. That will not necessarily follow, limit debate on a question of this kind affect- || Sir, I think the safe rule is to do the business But without reference to the passage of this | ing adjournment.
that the interests of the country demand and resolution if the House shall embark in gene. Mr. LAWRENCE. In my remarks on Fri. then adjourn, and not until then. I ask the ral legislation it will be competent for the two day last I said that treaties had been ratified previous question. Houses to determine how soon Congress shall when there were but six Senators present; now Mr. GARFIELD. I ask my colleague to
withdraw the demand for the previous question that condition, and that alone, prevent him
CLERK TO COMMITTEE. for a few minutes. from offering an amendment to the resolution.
Mr. STOKES, by unanimous consent, subMr. LAWRENCE. I think the resolution The SPEARER. The gentleinan stated when mitted the following resolution, which was has been sufficiently debated. he yielded that he did so in order to allow the
referred to the Committee on Accounts: Mr. GARFIELD. Then I hope the previous gentleman froin Ilinois (Mr. Burr) to make
Resolved. That the Committee on the Ninth Census question will be voted down.
some remarks. That does not include the be, and are hereby, allowed to employ a clerk during The question was put on seconding the right to offer an amendment.
the present session of Congress, whose pay shall be
equal to that of the other clerks employed by diferent previous question; and there were-ayes 22, Mr. BURR. I rise to a question of order.
committees of this House. noes 88. The demand for the previous question was not
CUINESE AND MONGOLIAN VOTERS. So the House refused to second the previous pending when I took possession of the tloor.
Mr. JOHNSON. I ask unanimous consent question.
I promised to renew the demand for the preMr. GARFIELD. I move that the resolu. vious question, but until I bad done so, as I
of the House to offer the following resolution.
The Clerk read as follows: tion be laid on the table.
had rightfully possession of the floor, I could Mr. BUTLER, of Massachusetts, and Mr. move an amendment, an adjourament, a call
Resolved, That in passing the resolution for the
fifteenth amnendment to the Constitution of the UniLAWRENCE demanded the yeas and nays. of the House, or make any other moiion in ted States this House never intended that Chinese
On ordering the yeas and nays there were order, provided I closed with a renewal of the or Mongolians should become voters.
Mr. JOHNSON. I demand the previous So the yeas and nays were not ordered.
The SPEAKER. The Chair overrules the question on the adoption of that resolution. The resolution was laid on the table.
point of order, and on this ground: the gentle. Mr. KELSEY. The resolution is not before Mr. GARFIELD moved to reconsider the man from Pennsylvania, (Mr. Cessna,] baving the louse I object to its introduction. vote by which the resolution was laid on the reported this resolution as a question of privi. Mr. JOHNSON. I move to suspend the rules table; and also moved that the motion to lege, was entitled to the floor upon it for one for the introduction of the resolution. reconsider be laid on the table.
hour without demanding the previous ques Mr. BINGHAM. I move to lay the resolu: The latter motion was agreed to.
tion. He stated when he yielded to the gentle. tion on the table. ELECTION CONTEST-VAN WYCK VS. GREENE.
man from Illinois (Mr. Burr] that he did so The SPEAKER. That motion is not in
to enable bim to make some reinarks upon the order, as the resolution is not yet before the Mr. CESSNA. I am instructed by the Com
resolution. It is according to the daily usage House. mittee of Elections to report a substitute for of this House for gentlemen to yield to others Mr. JOHNSON. I demand the yeas and the resolution referred to them by the House, for remarks and not tor amendments. But | nays on the motion to suspend the rules. granting an extension of time in the case of
should the House desire to entertain the amend. Mr. MAYNARD. I ask the gentleman from Van Wyck vs. Greene. I move the adoption of ment of the gentieman from Illinois it is in California whether he contemplates this shall the resolution, and ask the previous question their power to do so by refusing to second the take the form of an amendment to the Cousti.
previous question, in which case the Chair tution ? The Clerk read the resolution, as follows:
would cheerfully accord the floor to the gentle. Mr. JOHNSON. No, sir, Resolved, That in the matter of the application from Mlinois.
Mr. MAYNARD. Then I suggest that the for an extension of time to take testimony in thecontested case of Van Wyck v8. Greene, twenty days be
Mr. BORR. Under that ruling of the Chair passage of this resolution by the House will allowed to the sitting member to take evidence, to be I appeal to the House to vote down the call have no effect. The amendinent to the Concontined to evidence to rebut that taken by the con for the previous question.
stitution does include them or does not include testant, and ibat a like period of twenty days be allowed at the expiration of that period to the con
The question was then taken upon seconding them. testant if desired by him.
the previous question; and upon a division Mr. JOHNSON. As the gentleman from The SPEAKER. This is a question of there were-ayes 57, noes 49.
Tennessee has been permitted to ask a quesprivilege. The resolution is before the House, So the previous question was seconded. tion, I hope I shall be indulged while lanswerit. and the gentleman asks the previous question The question was, “Shall the main question Mr. ELDRIDGE. I object to discussion. be now put?"
The yeas and nays were ordered. Mr. BURR. I ask my colleague on the
Mr. RANDALL. I desire to ask my col. The question was taken ; and it was decided committee to yield to me to offer an amend. league [Mr. Cessna] a question.
in the negative-yeas 42, nays 106, not voting ment.
The SPEAKER. "That will require unani. 48; as follows: Mr. CESSNA. I agreed to allow the gen. mous consent pending the previous question. YEAS-Messrs. Archer, Axtell, Bird, Brooks, Burt, tleman a few moments to make some remarks. Mr. KELSEY. T object to debate.
Calkın, Crebs, Dickinson, Eldridge, Fitch, Golladas. The SPEAKER. Then the gentleman can
Mr. RANDALL. Then I move to lay the
Haight, Haldeman, Humbleton, Hamill, Hawkius,
Holinan, Johnson, Thomas L. Jones, Kerr, Kuott, not demand the previous question.
resolution on the table, for the reason that I Mayham, McNeely, Potter, Randall, Reading, Mr. CESSNA. I withdraw the previous ques.
am not allowed to ask my colleague on the Reeves, Sargent, Slocum, Joseph S. Smith, William tion, and yield to the gentleman for that purcommittee a simple question.
J. Smith, Silles, Sione. Strader, Swann, Van Auken,
Van Trump, Wells, Eugene M. Wilson, Winchester, pose provided he will call the previous ques.
Mr. CESSNA. If the motion of my col Wood, and Woodward-42. tion. league [Mr. RANDALL) should be adopted, and
NAYS-Messrs. Allison. Ambler, Arnell. Asper, Mr. BURR. I will do so. The resolution
Bailey, Beawan, Beatty, Benjamin, Benton, Bingthe resolution reported by the Committee of
bain, Blair, Bowen, Boyd, Buftiutou, Burdett, Benjtrep ted by instructions of the Committee of Elections should be laid on the table, it would min F. Butler, Cersna, Churchill, Clarke, Anasa Elections provides for an extension of time be equivalent to granting no extension of time Cobb, Clinton L. Cobb, Cook, Conger, Cowles, Davis,
Dawes, Dickey, Dixon, Dockery, Duval, Ferriss, in this case for twenty dilys. The gentleman at all. I do not know but I am willing that
Ferry, Finkeluburg, Garfield, Gilfillan, Greene. Haw. from Pennsylvania (jir. CESSNA) will, I think, course should be taken.
Tey, Hay, Hoar. Hooper, Hopkins, Hotchkiss, Ingeragree with me that the time of twenty days, Mr. BURR. Is the gentleman desirous of
soll, Jeuckes, Alexander H. Jones, Julian, kelley,
Kelsey, Kuapp. Lafliu, Lash, Litwrence, Lougbridge, instead of forty days, which was originally re denying any extension of time?
Lynch, Maynard, McCarthy, McCrary, McGrew, Merquested by the sitting member in this case, is
Mr. CESSNA. No, sir.
cur, Eliakim H. Moore, Jesse II. Moore, William recominended by the committee on the assur. Mr. BURR. It looks very much like it.
Moore, Daniel J. Morrell, Samuel P. Morrill, Negley,
O'Neill, Orth, Packard, Packer,Paine, Palmer, Peters, ance of the contestant that the ordinary period Mr. RANDALL. I will withdraw my inotion
Phelps, Poland, Pomeroy, Prosser, Rogers, Roots, of ten days required for service of notice to to lay this resolution on the table; and I desire Santord, Sawyer, Schenck, Scofield, Shanks, Sheldon, take depositions will be waived and not insisted to know of the gentleman who reports this
John A. Smith, Stevens, Stevenson, Stokes, Stough
ton, Stricklud, Taffe, Tanner, Tillmau, Townsend, upon. But inasmuch as the House cannot con resolution whether it is an understanding be Twichell, Tyncr, Ward, Cadwalader C.'Washburn. trol that matter, it being a mere understand. tween these parties that they shall waive the William B. Washburn. Welker, Whittemore, Wils ing between the parties, I desire to submit an ten days' notice for the taking of depositions?
kinson, Willard, Williams, John T. Wuson, and
Winans-106. amendment to this resolution, to extend the I want that publicly stated, for the reason that NOT VOTING-Messrs. Adams, Awes, Armstrong, tiine for forty days instead of for only twenty
if it is not so stated and acted upon the sitting Banks. Beck, Bennett, Biggs, Boles, Roderick R. days. I move this amendment because I think member will bave but ten days in which to take
Butler, Cake, Cleveland, Coburn, Cuilom. Deweese.
Donley, Dyer, Ela, Farnsworth, Fisher, Fox, Getz, the rights of both parties require this extension testimony
Griswold, Hale, Hamilton, Heaton, Hill, Iloag, Judd, of time. And now, pursuant to promise, I
Mr. KELSEY. I believe debate is not now Ketcham, Logan, Marshall, McCormick, Model, renew the call for the previous question. in order.
Morgan, Morrissey, Mungen, Niblack, Rice, sebu
maker, Worthington C. Smith, William Smyth, Mr. CESSNA. I did not yield to the gen The SPEAKER. Only by unaniinous con Sweeney, Trimble, Upson, Van llorn, Voorbees, tleman to move an amendment, but merely to sent.
Wheeler, and Witcher-48. express his views in opposition to this resolu Mr. KELSEY. I object to debate.
So the House refused to suspend the rules. tion if he desired to do so. I have reported Mr. CESSNA. I should be perfectly willing
CAPTAIN W. J. FETTEJAN, DECEASED. this resolution according to instructions of the to answer the question of my colleague [Mr. Comınittee of Elections, and cannot consent to
On motion of Mr. WOODWARD, leave was RandaLL] if it were in order to refer to what having any amendment offered to it. I now call took place in the committee-room.
granted for the withdrawal from the files of the the previous question upon the passage of the The main question was then ordered; and
House of the petition of Margaret Judd, auut
and foster-moiher of Captain W.J. Fetterman, resolution.
under the operation thereof the resolution was Mr. ELDRIDGE. I rise to a question of
late of the United States Army, killed at Fort adopted. order. The gentleman from Pennsylvania (Mr. Mr. CESSNA moved to reconsider the vote
Phil. Kearny; and the same was referred to
the Committee on Invalid Pensions. Cessna) yielded to the gentleman from Illi. by which the resolution was adopted; and also nois (Mr. BURR] upon the sole condition that moved that the motion to reconsider be laid on
NAVIGATION OF POTOMAC RIVER. he should renew the demand for the previous the table.
Mr. SCHENCK, by unanimous consent, in: question, and he cannot, having yielded on The latter motion was agreed to.
troduced a bill (H. R. No. 240) making appro.
at one year.
priations for the removal of certain obstruc: of the law imposing a duty upon works of art, of our people and for the benefit of fine art in tions in the Potomac river ; which was read a we should feel bound to provide that they this country. first and second time, referred to the Commit should not be admitted without the payment of Mr. WOOD. If we are to admit these works tee on Commerce, and ordered to be printed. duty. It is because they are to be exhibited free of duty because they are the works of OFFICERS OF THE NAVY.
free of charge that we propose to grant this in American artists we can just as well send Mr. SCHENCK, by unanimous consent, also
dulgence. It is probable that in any revision American mechanics abroad and ask the goods introduced a bill (H. R. No. 241) supplement.
of the tariff the Committee of Ways and Means, which they may manufacture shall also be ary to and explanatory of certain acts of Con
although I cannot vouch for it, will agree that brought free of duty. gress relating to officers of the Navy; which
all these works of art, and especially works of Mr. POTTER. AS I understand the reso. was read a first and second tiine, referred to
art produced abroad by our American artists, lution it will permit all artists, whether native the Committee on Naval Affairs, and ordered shall come in free of duty altogether.
or foreign, to introduce into the country from
Mr. VAN TRUMP. Would it not be better abroad their works of art, with a view of exto be printed.
to provide that the party should enter into a posing them for sale by free exhibition, without IMPORTATION OF WORKS OF ART. bond that he will reëxport it?
requiring prepayment of duties. In case of Mr. SCHENCK. I am instructed by the Mr. SCHENCK. That is one of the condi- | sale, duties are then to be paid ; but should no Committee of Ways and Means to report a tions.
sale be effected the owner will remain at liberty joint resolution (H. R. No. 44) to authorize Mr. VAN TRUMP. I do not so under to withdraw his work from bond and return it works of art intended for free exhibition to be stand it.
abroad. I see nothing objectionable in this; introduced into the United States without pay Mr. SCHENCK. It is when introduced for on the contrary, the resolution seems to me to ment of duty, and to ask the consent of the free exhibition.
be a salutary one. House to put it on its passage at this time. Mr. VAN TRUMP. How are we to be Should the resolution prevail it will have the
The joint resolution was read a first and assured that the work will be reëxported ? effect of inducing the owners of choice works second time. It authorizes the Secretary of Mr. SCHENCK. A bond is to be taken on of art in many cases to send them to this the Treasury at his discretion to admit free of tbe admission of the work of art free of duty country and expose them to the free inspection duty any picture, statue, or other work of fine for free exhibition.
of our people in the hope that a sale of them art from a foreign country for free exhibition Mr. VAN TRUMP. That is all the assur can be had here, when they would not do so in the United States on sufficient bond to his ance we have that it will be reëxported. if they were to be compelled to pay large duties satisfaction being given that the same shall be Mr. SCHENCK. It is to be reëxported whether a sale be effected or not. reëxported within a reasonable time, not ex: within a reasonable time, the limit being fixed The introduction and tree exhibition of val. ceeding in any case the term of one year; and
uable works of art will not only add to the on the further condition that the owner of such Mr. VAN TRUMP. There should be a fur. knowledge and cultivation of our people, but work of art may at any time within the period ther bond that they will exhibit it free to the will foster their love of art to the advantage indicated enter the saine for payment of duty, country.
as well of our own as of foreign artists, and I and, on said payment being made, the bond Mr. SCHENCK. We cannot compel them trust, therefore, the resolution will prevail. shall be canceled.
to exhibit it, but if they exhibit it at all under Mr. SCHENCK. I demand the previous Mr. SCHENCK. If no explanation be de. this resolution they have to exhibit it free of question. sired, I move that the joint resolution be put charge.
The previous question was seconded and the upon its passage.
Mr. VAN TRUMP. Who is to judge of that? main question ordered; and under the opera: Mr. WOOD. I ask the gentleman from Mr. SCHENCK. They give a bond to cover tion thereof the joint resolution was ordered Ohio whether our native artists are not very it, and they are liable on that bond. If they to be engrossed and read a third time; and much opposed to granting this privilege to exbibit it for pay or keep it beyond the time being engrossed, it was accordingly read the foreign artists?
allowed or do anything else of that kind they third time, and passed. Mr. SCHENCK. No, sir. will forfeit their bond and surety.
Mr. SCHENCK moved to reconsider the Mr. WOOD. I ask the gentleman whether, Mr. WOOD. As I understand the gentle. vote by which the joint resolution was passed ; in granting this privilege, the reëxportation man from Ohio the object of tbe resolution is and also moved that the motion to reconsider of these works of art would not be evaded and to give American artists an opportunity of be laid on the table. those works of art thus come into competition studying the works of European artists. Now, The latter motion was agreed to. with the production of our own native artists | it is well settled, both in this country and in
FREE NAVIGATION OF ST. LAWRENCE, ETC. without paying any duty to the Government | Europe, that American artists are in advance whatever? of European artists, and they can learn from
Mr. SCHENCK, by unanimous consent, subMr. SCHENCK. I will answer the gentle. us instead of our learning from them. I think,
mitted the following resolution ; which was man from New York by a very brief explanation therefore, that the only result of the resolution read, considered, and agreed 10: of the resolution. Iu the first place, this sub under consideration will be to open the door to
Resrlved. That while this House does not admit
any right in the executive treaty-making power of ject was brought before the Committee of Ways give European artists an opportunity to evade the United States to conclude treaties or conventions and Means by an application made to Congress, our laws by getting their works into this coun with any foreign Governments by which import and by an application made at the same time try free of duty. We know that such a custom
duty shall be mutually regulated, it is, however, of
the opinion, and recommends to the President, that to the Treasury Department, to admit without | house bond amounts to nothing practically, negotiations with the Government of Great Britain the payment of duty, for free exhibition in the and instead of reëxporting those works they should be renewed and pressed, if possible, to a United States, the famous picture, " The Rail will dispose of them here or exhibit them for
definite conclusion, regarding the cominercial inter
course and securing to our own citizens the rights way Station," painted by Mr. Frith, the royal money. I am opposed to the resolution, as it claimed by them in the fisheries on the coasts of tho academician. Gentlemen familiar with works brings the works of foreign artists without the Brilish provinces of America and the free navigation of art know that this great painting was recently payment of any duty into competition with the
of the St. Litwrence river from its source to the sea. sold for £6,000 in England, or for $30,000. works of our native artists.
Mr. SCHENCK moved to reconsider the vote The application was to permit that to be brought Mr. SCHENCK. I am not quite willing to by which the resolution was agreed to; and also into the country for free exhibition, in order agree with tbe gentleman from New York ibat | moved that the inotion to reconsider be laid that our artists and our people inight see it, while we teach Europe a great deal about art
on the table. with bond that it should be reëxported within we can learn nothing from that source. I do The latter motion was agreed to. three months. A similar application was made not think there can be any controversy on this
JOINT COMMITTEE ON ORDNANCE. for the admission of the celebrated painting of resolution, so far as it goes, but I do not think Mr. SCHENCK. I move to suspend the Dobson of Peace be Unto this House." These it goes far enough, so far as American artists
rules for the purpose of adopiing the following applications brought the matter up in the Com are concerned. American artists abroad under
resolution: mittee of Ways and Means, and instead of re. this resolution will have an opportunity to send
Resolved by the House of Representatives, (the Senato porting a joint resolution covering these two their works here and to get purchasers for concurring.) That a joint select Counmittee on Ordcases the Committee of Ways and Means them, which they could not do where their nance, to consist of throe members of the Senate and thought it best to report a joint resolution means would not permit them to pay the duty.
three members of the House, be appointed by the
Presiding Oticers of the iwo Houses, to continue authorizing the Secretary of the Treasury to It will encourage our American artists abroad
during the Forty-First Congress, with the same powadmit free of duty any work of art, whether to send their productions home in the hope of ers and duties as were conferred upon the select painted by a foreign artist or by a native artist | securing purchasers for them. But the joint
Coromittee on Ordnance of the Fortieth Congress,
and to wbom all matters yet undisposed of which living abroad, intended for free exbibition, resolution makes no distinction between Ameri. were referred to the Committee on Ordnance of the taking a sufficient bond to his satisfaction that can and foreign artists. There is one thing Forticth Congress shall be referred. the same should be reëxported within a reason we learn, and that is that this is the only Gov. Before calling a vote on my motion to susable time; and with the further provision that ernment in Christendom that imposes a duty | pend the rules I will yield to the gentleman iť sold in the country it might be entered for upon works of high art at all. I am in favor from Pennsylvania, [Mr. KELLEY.] payment of duty, when the bond should be at the proper time of going the whole length, Mr. KELLEY. Task unanimous consent to canceled.
and relieving them from the payment of duty. || introduce a resolution. Mr. DICKEY. As I understand the gentle. I ain for relieving the works of American Mr. ELDRIDGE. I call for the regular man from Ohio, these works of art are to be artists abroad from the payment of duty on order of business. I think one subject is admitted without payment of duty only for the their arrival in this country, but that is not the enough for the House to consider at one time. purpose of free exhibition.
objection to the passage of this resolution now. And then, on motion of Mr. SCOFIELD, Mr. SCHENCK. Yes, sir. If they were to It invites the production of the best schools of (at five minutes to four o'clock p. m.,) the be exhibited for pay, in the present condition " European ari to be bronght here for the benefit Honge adjourned.