« ΠροηγούμενηΣυνέχεια »
ing the bill so amended as to deduct the amount dent of the United States to transfer a gun a willful violation of this law by any such offifurnished the judges from the copies furnished boat to the Government of the republic of cer, to remove him forth with from Office. the Senate. I think it is desirable that these Liberia;
Mr. JOHNSON. Does that come from a Globes should be in the offices of the district A joint resolution (S. No. 45) protesting committee?. It appears to me to be very strinjudges, to be transmitted to their successors. against pardons by foreign Governments of gent legislation that no leave of absence shall Undoubtedly, every judge gets the Globe, but persons convicted of infamous offenses on con be granted. when he goes out of his office he takes that | dition of emigration to the United States; and
Mr. BROWN. Does it come from the Judiwith him, with the rest of his private documents. A joint resolution (S. R. No. 49) for the ciary Committee? However, if the bill does not meet the appro temporary relief of the destitute people in the Mr. JOHNSON. From the Committee on bation of the Senate, I will not press it. District of Columbia.
Territories, I understand. Mr. FESSENDEN. That object may be The message further announced that the Mr. ANTHONY. Willful absence is punsecured by giving these copies to the district House of Representatives had passed the joint ishable court library; but I do not see any necessity resolution (S. R. No. 29) for the transfer of Mr. GRIMES. Here it is: for buying so large a number for them when funds appropriated for the payment of salaries That no person in any Territory now in office, or we have so many to throw away.
in the Post Office Department to the general who may hereafter bein office by appointment of the Mr. WILLIAMS. I do not see why it is not || salary account of that Department, with an
President, after he enters upon the discharge of bis
official duties, shall be absent from the Territory of just as reasonable to furnish the judges--I am amendment, in which it requested the concur. which he is an officer for more than thirty days at speaking particularly at this time on behalf of rence of the Senate.
any one time, and no leave of absence shall be pecesthe territorial judges--a copy of the Congres The message further announced that the sary or granted to any such officer. sional Globe as it is to furnish them with cop. House of Representatives had agreed to the Mr. JOHNSON. That is independent of the ies of the other public documents, and with a report of the committee of conference on the cause of the absence; the illness of his family copy of the Decisions of the Supreme Court of disagreeing votes of the two Houses on the may cause him to remain away from his post. the United States. These are all furnished to amendments to the bill (H. R. No. 184) to It appears to me to be rather stringent legisthe judges free of expense. The public docu authorize the sale of marine hospitals and of lation. ments that are sent to the judges are of very revenue cutters.
Mr. WILLIAMS. The object of this bill is little value. The reports of the Supreme Court The message further announced that the
to prevent officers of the Territories from abof course are of value; but there is no public || House of Representatives had passed the con senting themselves from the performance of document of a legislative nature that will be of current resolution of the Senate, prohibiting their official duties. I do not know how it may so much value to the judges of these courts as the sale of spirituous and other intoxicating | be with the Territories on this side of the Rocky a copy of the Congressional Globe, because it | liquors about the Capitol building and grounds, | mountains, but on the Pacific coast I know that is frequently necessary to consult the Globe in with an amendment, in which it requested the this has grown into a very great abuse, and in discussing questions of law. I understand that concurrence of the Senate.
most of the Territories there a very large porDelegates from the Territories are furnished like The message further announced that the tion of the territorial officers are absent from members with a distributive share of the Con House of Representatives had passed a joint | their duties. Sometimes the Governor is away, gressional Globe, but I am confident that very resolution (H. R. No. 46) for the relief of with the secretary, and several of the judges; few of them ever reach the Territories; and Martha McCook, in which it requested the and in two or three of those Territories they there is no probability, unless some particular concurrence of the Senate.
have not been able to have any courts for a provision is made, that these judges will be fur
year at a time on account of the absence of the
ENROLLED BILLS SIGNED. nished with the Globe. I think an expenditure
judges; and it becomes necessary that the law of money could not be more wisely made than The message further announced that the should require them to remain there where they to supply judges with the Globe.
Speaker of the House of Representatives had can attend to the duties of their respective Mr. ANTHONY. If there is any serious signed the following enrolled bills and joint | offices. objection to this bill I will consent to its going resolutions; and they were thereupon signed The first section provides that an officer may over, and I will prepare an amendment that by the President pro tempore:
be absent from the Territory for thirty days, the Globes furnished to the district judges shall A bill (S. No. 199) to establish the collec and it shall not be necessary for him to obtaip be deducted from the quota furnished ihe Sen. tion district of Port Huron, the collection dis any leave in order to be absent during that time. ate. I move that the further consideration of trict of Michigan, the collection district of It further provides that no leave of absence the bill be postponed until to-morrow.
Montana and Idaho, and to change the name shall be granted to any officer; and the object The motion was agreed to.
of the collection district of Penobscot; of that provision is to prevent these territorial ELISIA W. DUNN.
A bill (S. No. 31) to reimburse the State of officers from obtaining a leave upon some exMr. CRAGIN. I move to take up Senate
Missouri for moneys expended for the United cuse which may be made to the Department. bill No. 202, for the relief of Elisha W. Dunn,
States in enrolling, equipping, and provision Now the practice is to send a telegram to some a paymaster in the United States Navy.
ing militia forces to aid in suppressing the one of the Departments here or to the Presi
rebellion; Mr. LANE, of Indiana. I call for the regular
dent asking for leave of absence for six months, order of the day if the morning business is over.
A bill (S. No. 229) to authorize the Presi- | generally with the object of visiting Wash
dent of the United States to transfer a gun. The PRESIDENT pro tempore. After the
ington or the eastern States, and so far as I morning hour has expired the business referred
boat to the Government of the republic of know, that leave of absence is generally granted.
Liberia; to by the Senator from Indiana will come up;
Some, however, leave and come here and obtain but in the opinion of the Chair matters of this
A bill (H. R. No. 150) for the relief of the this leave of absence after they arrive here; they sort are in order, subject, of course, to the vote
administrators and securities of Almon W. come without any leave, and then after they of the Senate, until one o'clock. Babbitt, late secretary of Utah;
arrive here they apply for a leave of absence, The motion of Mr. CRAGIN was agreed to;
A bill (H. R. No. 471) to provide that the and as a general thing it is granted.
"Soldier's Individual Memorial” shall be carand the bill (S. No. 202) for the relief of Eli
I do not see why if a person accepts an office sha W. Dunn, a paymaster in the United States
ried through the mails at the usual rate of in a Territory-and the applicants are numerNavy, was read a second time, and considered | printed matter;
ous and clamorous for these places-he should as in Committee of the Whole. It proposes
A joint resolution (S. R. No. 45) protesting not remain there and discharge bis duty; but to direct the proper accounting officers of the against pardons by foreign Governments of the practice has become almost universal now Treasury in the settlement of the accounts of
persons convicted of infamous offenses on con that as soon as an officer obtains the appointElisha W. Dunn, a paymaster in the United
dition of emigration to the United States; and ment and enters upon the discharge of the duties States Navy, to receive and allow, where the
A joint resolution (S. R. No. 49) for the of his office and ihe salary begins to accrue to proper vouchers cannot be obtained, state
temporary relief of destitute people in the him, then finding it unpleasant, perhaps, to
District of Columbia. ments verified by his oath, or such other satis
remain there, he takes occasion to leave to factory evidence as he may present, of all ex ABSENCE OF TERRITORIAL OFFICERS.
visit Washington, to visit the States and be penditures made by him for the Government,
absent six months or a year from the Territory, or losses sustained by him in consequence of
Mr. WILLIAMS. I move to proceed to the and so the people are without any organized the destruction by fire of the money, papers, consideration of Senate bill No. 32.
government in many cases. This is a particuand property of the United States in his charge
The motion was agreed to; and the Senate, lar hardship when the judges of the courts are on board of the United States naval wharf-boat
as in Committee of the Whole, proceeded to absent. I do not wish to mention particular at Mound City, Illinois, at the burning of that
consider the bill (S. No. 32) to prevent the Territories or the names of persons, but it is
absence of territorial officers from their official vessel on the 1st of June, 1864.
within my knowledge that in several TerritoThe bill was reported to the Senate without
duties. It provides that no person in any Ter ries there has been practically no territorial amendment, ordered to be engrossed for a
ritory now in office, or who may hereafter be government on account of the absence of terthird reading, read the third time, and passed.
in office by appointment of the President, after ritorial officers, and the object of this bill is to he enters upon the discharge of his official require them to remain there.
duties, shall be absent from the Territory of Îír. JOHNSON. Suppose they do not A message from the House of Representa | which he is an officer for more than thirty | remain, what is to be done? tives, by Mr. LLOYD, its Chief Clerk, announced | days at any one time, and no leave of absence Mr. WILLIAMS. Then they are to be rethat the House of Representatives' had agreed shall be necessary or granted to any such moved from office by the terms of this bill. If to the following bill and joint resolutions of officer. No officer absent for a longer time is an officer of a Territory is willfully absent from the Senate:
to be entitled to any salary during his absence, the discharge of his duties for more than thirty A bill (S. No. 229) to authorize the Presi. and it is to be the duty of the President, upon | days at any one time, it is made the duty of
MESSAGE FROM THE HOUSE.
the President to remove him forthwith from to judicial officers; but if it is to extend to all Mr. CONNESS. I will say to the Senator office. He is permitted under this bill to go territorial officers, I should be glad to see some that I will not occupy five minutes. away and be absent thirty days at any one modification of it, though I admit there has been The PRESIDENT pro tempore. The Sen. time, to make a visit anywhere he pleases, and much cause of complaint on account of the ator from California may proceed by unaniextend the visit for thirty days; but it is im- || absence of territorial officers from their Terri mous consent of the Senate. possible for justice to be administered by the tories.
Mr. CONNESS. I have more than once judges of these Territories or the business of Mr. GRIMES. I hope the bill will be laid called attention in the Senate to this practice. the territorial governments to be conducted if
The abuses which result from it, and which are the officers there are allowed whenever they Mr. WILLIAMS. I am not particular, as sought to be corrected by the bill now before see proper to leave and come here to Wash- || I before stated, as to the phraseology employed us, arise in a great measure from the fact that ington or to the States, because it takes six in this bill, but I am satisfied that if the bill | the parties selected to govern and hold the high months or a year generally to perform that provides that leave of absence may be granted places in the Territories are not selected, as journey, and during that time the people are as it is now granted by the President or by the | they should be, from the body of those couraleft without any officers to discharge the duties heads of the different Departments, the bill geous men whom I have described, that go out necessary to be discharged for the interest of will be of little or no value. I do not object and pioneer that country and undertake its the people. I am not particular about the to any exception that may be made where an reduction to civilized purposes.
I do not phraseology of the bill or about its terms, but I exception may be supposed to be necessary ; expect by anything that I shall say here to be I think it is desirable that some such law as but so far as I know the applications that are able to correct this general, as I think, perverthis should be passed in order to abolish and made by these oflicers are universally granted. sion of power and misuse of power; but it is remove this abuse.
There may have been an application denied, || clear that if the selections were made with more Mr. GRIMES. I do not know that I under-but not to my knowledge, and I know that in care and with more regard to the persons to stand this bill, but if I do understand it the very many cases officers leave their positions | be governed, namely, the inhabitants of the result will be that if an officer of one of the || in the Territories and come here to Washing. | Territories, the persons in these places would Territories is now in this city or in New York, || ton, and then solicit their friends and those be at home, they would not be running into or elsewhere outside of the Territory upon whom they suppose to have influence with the the cities of the East; they would not be combusiness, under a permit or a leave granted by proper Department to apply for leave of ab ing back to see their friends, and to exhibit a superior officer in this city, and if he has sence, and upon application and by importu- || themselves as returned Governors and judges, been here thirty days, he is to be turned out nity this leave of absence is obtained. I think to be feasted and toasted, and exhibiting rich of office. It is retrospective.
that there ought to be some restriction upon specimens selected from the ores of those new Mr. WILLIAMS. I think not.
that, so that an officer sending a telegram here | Territories, talking often very learnedly and Mr. JOHNSON. Or he is to be turned out to Washington containing some representation very deceptively to the eastern people and the if he does not get home in thirty days.
that his absence is necessary shall not there eastern mind about the riches of those counMr. GRIMES. I have no doubt that some upon obtain leave of absence, because the tries of which they know little; of which practhing ought to be done on this subject. I am President or the head of a Department may tically, they know nothing. as conscious as the Senator froni Oregon is not be advised as to the necessity of his pres These, and many abuses like them, would that great injustice has been done to the
peo ence in the Territory. The object of the bill have an end if care was observed in selecting ple of the Territories by the absence of the is to reach that mischief as well as the other, | the men who are to govern these people and territorial officers. I have been informed of and I concur in what my colleague says that the men who are to administer the laws among cases where the judges have been absent nine great evil has grown out of the absence of them from themselves. It is not, Mr. Presimonths out of the twelve. But it seems to judicial officers from the Territories.
dent, for the want of talent there that their me that this is rather a sweeping law. Sup As to the suggestion made by the Senator Governors and adıninistrators of the laws pose the secretary of the Territory of Idaho'is from Iowa that the secretary might necessarily among them are selected elsewhere. We have instructed by the General Assembly of that be absent to attend to the printing of the laws, a case now in point; I think it is worthy of Territory to procure the laws of the General let me say that may be done, without the pres attention. We have sent a soldier out very Assembly to be printed at the end of the ses ence of the secretary, and is generally done | recently to fill the oflice of secretary of a Tersion. He cannot print them in Idaho; he must outside of the Territory without his presence | ritory in the West. He finally, as the law pronecessarily come to some of the States. He to supervise the printing. I am willing if it is vides, fills the office of Governor pro tempore must supervise the matter, attend to making a desired, that the bill shall go over, and that during the absence of that functionary. He critical index, and seeing that the printing of some amendments shall be proposed or sug. has given new administration in that Territhe laws is done correctly.
gested if Senators are not satisfied with the || tory; he by his acts has released from confineMr. HENDRICKS. Then he is not absent || bill in its present form.
ment men guilty of high crimes and misdefrom his duties.
Mr. CONNESS. From one point of view meanors, and the population, maddened at the Mr. GRIMES. He is absent from the Ter the proposition now before the Senate interests absurd pretensions and assumptions, have folritory, and the provision of the bill refers to me considerably; it calls my attention to the lowed a criminal and hung him to the next absence from the Territory and not to absence fact that to a very considerable extent the tree. This is the administration of law that is from duty. In that case he must be put out
Territories of the United States are governed now going on in one of the Territories ! of office at once.
by appointees selected in the East from super I hope without extending these remarks, Mr. NESMITH. As my colleague has al annuated politicians, men either found unfit which if time permitted I would do, that some ready stated, a very great abuse has grown up at home to fill high public station, or who have measure of this kind carefully prepared will on account of the absence of officers from the been in public station and cut no considerable pass and become a law, and that these gentleTerritories. I think, however, it is mostly con or creditable figure in it. Such men have been men selected and sent out into these places of fined to judicial officers. I know that judges | very commonly selected and sent as a plague | honor, and to them frequently of profit, (for in Washington and Idaho-and I have heard upon the people of the Territories of the Uni some of them go further than legitimate ends similar complaints from Montana-have been ted States--a people as a general rule the most in reaching profit,) will be required to make absent a good deal. But I think the provisions | virtuous, the most courageous, the most useful their domicile at least, or yield the offices that of this bill are a little too stringent. It some in the Republic. They go out frequently from in many instances they so discreditably fill. times becomes necessary that territorial officers comfortable and compensating industries in Mr. POMEROY. Mr. President, if this bill should visit Washington city. I know that a spired by the spirit of adventure and by the || is to pass—I do not know whether the vote is few days ago a dispatch was sent to an officer | hope of making new homes in regions offering to be taken this morningin Idaho requiring his presence in this city, not better inducements for success. They reduce Mr. LANE, of Indiana... I must object to on private business but on business connected the forest and the wilderness to civilization further discussion of the bill, and call for the with the Indian department in relation to and use. They are generally men of marked | order of the day: treaties. Under this bill, however, notwith intelligence, fine types of the American char The PRESIDENT pro tempore. The order standing the fact that he has been telegraphed acter, the men who have taken empire west of the day is now in order, and any further disfor to come to Washington in the discharge of ward and who are now rolling back civilization cussion can only be had by unanimous consent. his official duty, he is liable to be dismissed for upon the East, and the very highest type of Mr. POMEROY. I had an amendment to complying with the order of his superior. ! moral and political philosophy reduced to propose to meet the very case submitted by the prefer that the bill should limit leaves of practice, from the ocean that bounds this con Senator from California. absence in some way, and I think that power tinent on the west.
Mr. LANE, of Indiana. I hope it will go is tolerably safe where it is lodged now, with the The PRESIDENT pro tempore. The mornPresident and heads of Departments. I know | ing hour having expired, it becomes the duty The PRESIDENT pro tempore. Bills rethey have recently become very stringent in the of the Chair to call up the order of the day, | ported from the Committee on Pensions are exercise of the power of granting permission, || being bills reported from the Committee on the special order of the day. The Chair will, and have refused leave of absence in several Pensions, assigned by special order for this | however, first dispose of some business on his cases. But if this bill is passed in its present || day
table, by the indulgence of the Senate. form, if an officer is ordered here on duty-and Mr. CONNESS. If there is no haste in
POST OFFICE FUNDS. it frequently becomes necessary to order offi- || calling up those bills, I should like to proceed cers of the Indian department here from the for a few moments.
The amendment of the House of RepresentTerritories-he is not only liable to lose his Mr. LANE, of Indiana. I desire to pass atives to the joint resolution (S. R. No. 29) for salary but to be dismissed from his office. I all those bills to-day; there are a great many
the transfer of funds appropriated for the pay have no objection to the bill if it be confined ll of them.
ment of salaries in the Post Office Department
to the general salary account of that Department, was referred to the Committee on Post Offices and Post Roads.
LIQUOR IN TIIE CAPITOL. The PRESIDENT pro tempore laid before the Senate the amendinent of the House of Representatives to the concurrent resolution of the Senate prohibiting the sale of spirituous and other liquors in the Capitol building and grounds; the amendment being to insert the words "and other public buildings" after the word " building'' where it occurs in the resolution.
Mr. SHERMAN. The provision ought to be limited certainly to Washington, for there are public buildings and grounds in various parts of the country which would be covered unless some limitation were made.
Mr. CONNESS. In addition to that, I beg to suggest that the resolution as it now stands extends the jurisdiction of the President of the Senate and Speaker of the House of Representatives over other public buildings beside the Capitol, evidently with impropriety. I sug, gest that the amendment had better be referred to a committee.
Mr. ANTHONY. And it applies not only here but to all public buildings all over the country. Is it expected that the President of the Senate and Speaker of the House of Representatives are to make a journey of investigation on the subject ?
The PRESIDENT pro tempore. To what committee does the Senator from California propose to refer the amendment ?
Mr. SHERMAN. I suggest that the better way is just to disagree to the amendment of the House of Representatives. Then if they ask for a committee of conference the matter can be arranged.
Mr. SUMNER. I agree with the Senator from Ohio ; the better way is to send it back.
The PRESIDENT pro tempore. The question is on concurring in the amendment of the House of Representatives, and the Chair will put the question affirmatively.
Mr. SUMNER. My colleague, who introduced the resolution, is now absent, and I hope nothing will be done by which the resolution shall suffer. I agree, therefore, with my friend from Ohio that we had better disagree to the House amendment and send the resolution back.
Mr. POMEROY. Would it be in order to disagree with the amendment of the House of Representatives with an amendment ?
The PRESIDENT pro tempore. The question will be put affirmatively, Will the Senate concur? A negative vote amounts to a nonconcurrence.
Mr. POMEROY. I think we ought to apply the principle of the confiscation act to this liquor traffic. It is a public enemy, and we ought to have the principle of search, seizure, and confiscation applied to it; but I shall not undertake to move an amendment now.
The question being put, the amendment of the House of Representatives was nonconcurred in.
moth dayter November, 1862, to the 27th day in Mr.HLANE, of Indiana. I have no objec
musician, artificer, or private of the Army, of this joint resolution is already contained in
On motion of Mr. LANE, of Indiana, the contracted while in the service of the United States and in the line of his duty, or who may
Senate, as in Committee of the Whole, prohereafter be disabled in such service, and who
ceeded to consider the bill (H. R. No. 268) for is not now entitled by law to a greater sum,
the relief of Albert Nevins. By its terms the shall, upon making due proof according to such
Secretary of the Interior will be directed to forms and regulations as are or may be required | place the name of Albert Nevins, late a private by or in pursuance of law, be placed upon the
in company K, ninety-second regiment New
York State volunteers, upon the list of penlist of invalid pensions of the United States,
sioners at the rate of twenty-five dollars per at the rate of twelve dollars per month, to be governed by the same limitations and restric
month, in lieu of eight dollars per month
heretofore allowed him ; to commence on the tions as are now prescribed by an act entitled "An act to grant pensions,'' approved July 14,
passage of the act and to continue during his
The bill was reported to the Senate without of this bill is embraced in a general bill from
amendment, ordered to a third reading, read
the third time, and passed.
Murray, the pension granted to George W. The tion was agreed to.
Murray by an act of Congress approved Decem. CHARLES YOULY.
ber 20, 1864, entitled "An act for the relief of
George W. Murray.'
whether there is a report in this case.
accompanies every bill. It provides for the payment to Charles Youly, Mr. FESSENDEN. I remember that forof Dunkirk, Chautauqua county, New York, | merly when we used to fall on a day like this late private of company D, seventy-second regi- || somebody who guarded the Treasury pretty ment New York volunteers, of $13.5 33}, being
well would insist upon the reading of the report at the rate of five per
in each case of February, 1865.
tion to that. There is a report in every case. The bill was reported to the Senate, ordered Mr. FESSENDEN. So that we might see to a third reading, read the third time, and whether they were right or not. It was found passed.
to be pretty difficult to get a good many of these
bills through when they were understood. I do Mr. LANE, of Indiana. I move next to not feel inclined to take that office, but I wish take up the bill (S. No. 201) for the relief of to ask my friend from Indiana whether all these Ann Heth, widow of William Heth, of Harri cases which he is calling up have been very son county, Indiana.
critically and carefully examined in the comThe motion was agreed to; and the bill was
mittee of which he is the chairman. read the second time, and considered asin Com Mr. LANE, of Indiana. We have examined mittee of the Whole. Its purpose is to direct
every case and every voucher and every paper, the Secretary of the Interior to place the
and the whole committee have reported upon of Ann Heth, widow of William Heth, of Har
them. We have been some two or three weeks rison county, in the State of Indiana, who was trying to get these bills all right and in shipkilled by the rebel Morgan's men, while resist shape. ing their advance upon Corydon, Indiana, upon
Mr. FESSENDEN. I suppose, as these are the pension-roll, at the rate of eight dollars per special acts granting pensions, that the cases month, to commence on the 9th day of July, do not come under any general law, 1863, and to continue during her widowhood. Mr. LANE, of Indiana. They do not come
The bill was reported to the Senate without under any general law; otherwise, they would amendment, ordered to be engrossed for a third not be here at all. I will ask the Secretary to reading, read the third time, and passed.
read the report in this case.
Mr. FESSENDEN. I should like to hear RESTRICTIONS UPON PENSION PAYMENTS.
the report. Has it been printed? On motion of Mr. LANE, of Indiana, the Mr. LANE, of Indiana. No, sir. Senate, as in Committee of the Whole, pro Mr. FESSENDEN. All these reports ought ceeded to consider the joint resolution (S. R. to be printed and laid on our tables, so that we No. 46) removing the restrictions upon the pay may have a chance to read them. ment of pensions to certain persons while in the Mr. LANE, of Indiana. That has been done, service of the United States, which had been I think, in every single instance with regard to reported upon adversely by the Committee on Senate bills. This is a House report, and I do Pensions.
not know whether it was ordered to be printed The resolution provides that the act entitled or not. I do not think it was. An act supplementary to the several acts Mr. FESSENDEN, I have noticed that relating to pensions,'' approved March 3, 1865, some of these reports in these pension cases shall not bereafter be so construed as to deprive | have been laid on our tables. Has that been invalid pensioners, or the widows or heirs of followed as a general rule? any persons who have served in the Army or Mr. LANE, of Indiana. Yes, sir, always. Navy during the late war, of the pension to Mr. FESSENDEN. I should like to hear which they are entitled by reason of holding the report in this case. any office under the Government, in cases The Secretary read the report made by the where the compensation received from the Committee on Invalid Pensions in the House United States as pay or salary does not exceed of Representatives, from which it appears that $800 per annum.
by an act of Congress entitled "An act for the Mr. LANE, of Indiana. The subject-matter Il relief of George W. Murray,'' approved Decem.
Mr. LANE, of Indiana. I propose first to take up the bill ($. No. 22) supplementary to the several acts relating to pensions.
The PRESIDENT pro tempore. That is the first in order on the Calendar of the bills reported from the Committee on Pensions.
Mr. LANE, of Indiana. In that case there is an adverse report, and in order to get the bill off the Calendar I move that it be indefinitely postponed. The motion was agreed to.
RATE OF PENSION. On motion of Mr. LANE, of Indiana, the bill (S. No. 131) supplementary to the several acts in relation to pensions was read the second time, and considered as in Committee of the Whole.
It is provided by the bill that from and after its passage every non-commissioned officer,
ber 2, 1861, the Commissioner of Pensions was why she is not entitled to a pension under the colleague. I was attorney for the parties who directed to pay to him the pension to which he general law with reference to pensions? Why were arrested on the charge of this murder, was entitled by the act of Congress approved | does she not come within that law?
and I think I am justified in saying that my March 3, 1937, entitled " An act for the more Mr. LANE, of Indiana. He was not killed colleague is mistaken in saying that they were equitable administration of the Navy pension in battle, as the Senator would have noticed if the murderers. Who the murderers were is a fund." After the passage of that act by the he had listened to the reading of the report. thing entirely unknown in that community, and House, and while it was pending in the Sen. Mr. FESSENDEN. I noticed that. Must || if the case had come to trial I expected most ate, Mr. Murray died, leaving a widow and they be killed in battle?
confidently the acquittal of the parties who several children in destitute circumstances. Mr. LANE, of Indiana. This man was were accused. The committee therefore report a bill granting | drowned. A person must be killed in battle Mr. LANE, of Indiana. Of course I receive to Mrs. Murray the pension which her husband or die from wounds or disease contracted in that explanation; the Senator lives in the imFould have drawn had he lived until the pas. the line of his duty in order to be entitled to a mediate neighborhood; but there is no doubt sage of the act referred to.
pension under the general pension law.
about the facts in the case. Mr. FESSENDEN. I should like to hear The amendment was agreed to.
Mr. HENDRICKS. There is no doubt about the bill read again.
Mr. FESSENDEN. Unless we are to estab
the fact that Mr. Stevens, while in the discharge The Secretary read it. Mr. FESSENDEN. As the bill stands it
lish a new principle that is to apply to all these of his duty as provost marshal in that district, cases, the other reason in the report is hardly
was shot, without any justification whatever. might continue this pension indefinitely. I
one that can be given; and that is, that she is
He was a kind man, and I never heard that he should think it hardly safe to pass the bill in aged and infirm and needs this pension. That
abused the powers of his office. its present form. If it is only intended to give would take out of the Treasury in all cases
Mr. FESSENDEN. What is the rate of the her what he would have been entitled to receive
money for those who happen to be infirm and pension to be given his widow? up to the time of his death, had the bill passed aged." I should like to know of the chairman
Mr. LANE, of Indiana. His rank in the before, it seems to me the bill does not carry if the committee have established the principle Army Register is that of captain, and we proout that idea.
that in all cases where the widows of soldiers pose to give the widow the pension of a capMr. LANE, of Indiana. I will send for the
tain. act referred to in the report and see exactly receive a pension. are left in needy circumstances they are to
The bill was reported to the Senate without what the terms of that act are. I think, under
Mr. LANE, of Indiana. The committee amendment, ordered to be engrossed for a third the circumstances, the widow and children of have established no such principle; but they
reading, read the third time, and passed. this George W. Murray ought to have the ben have established in this bill this principle: that
MRS. AMARILLA COOK. efit of this pension. The bill can be postponed || if a man is drowned while he is in the service, for the present. Mr. PESSENDEN. This is one of those and in the discharge of his duty, he is entitled
On motion of Mr. LANE, of Indiana, the cases where we can learn nothing from having shot down in the face of the enemy. to a pension, as much so as though he had been || bill (S. No. 238) granting a pension to Mrs.
Amarilla Cook, was read a second time, and the bill read. Mr. LANE, of Indiana. I ask that the bill bills to cases of that description? Mr. FESSENDEN. Have you confined your considered as in Committee of the Whole.
The name of Mrs. Amarilla Cook, widow of may lie over until I can get the act for the ben
Mr. LANE, of Indiana. Certainly we do. John B. Cook, late deputy provost marshal of efit
of this Mr. Murray and see what the terms of that act vere. We do not go into general charities at all.
the sixteenth congressional district of the State Mr. FESSENDEN. I will not object to it;
of Ohio, is by this bill to be placed on the The PRESIDENT pro tempore. The bill will be laid aside by common consent. but I think the last reason given in the report || pension-roll
, at the rate of twenty dollars per ought to be omitted, because it might make a
month, to commence from the 5th day of March, CATHERINE MOCK. bad precedent.
1865, and to continue during her widowhood. On motion of Mr. LANE, of Indiana, the The bill was reported to the Senate as
Mr. JOHNSON. What is that for? Senate, as in Committee of the Whole, proamended, and the amendment was concurred
Mr. LANE, of Indiana. The circumstances in. ceeded to consider the bill (H. R. No. 219) for
The bill was ordered to a third reading,
in this case are very similar to the circumthe relief of Catherine Mock. read the third time, and passed.
stances in the case just passed. Mr. Cook was The bill provides for placing upon the pension.
a provost marshal, and was assassinated at his MRS. MARTHA STEVENS.
own door, and two of his murderers have since roll the name of Catherine Mock, of the city
On motion of Mr. LANE, of Indiana, the been hanged for his murder. The proof is all of Baltimore, widow of William H. Mock, who
bill (S. No. 237) granting a pension to Mrs. clear, and the committee thought that his widow was ordnance sergeant, and died, at or near Fort Mifilin, in 1837, at the rate of eight dol
Martha Stevens, was read a second time and was entitled to a pension. The pension is the
considered as in Committee of the Whole. lars per month, to commence from and after
pension of a captain. the passage of this act and continue during her
The Secretary of the Interior, according to the Mr. FESSENDEN. Is there a report? natural life.
bill, is to place the name of Mrs. Martha Ste Mr. LANE, of Indiana. Yes, sir. The Committee on Pensions proposed to
vens, widow of John F. Stevens, late deputy Mr. FESSÉNDEN. I should like to hear
provost marshal of the fourth congressional it read. amend the bill by striking out the words from district of the State of Indiana, on the pension The Secretary then read the following report, and after the passage of this act''and insert
roll, at the rate of twenty dollars per month, made by Mr. LANE, of Indiana, from the Coming, ** from the 1st day of May, 1865." Mr. FESSENDEN. I should like to hear and to continue during her widowhood. to commence from the 10th day of June, 1863, mittee on Pensions, on the 2d of April:
The Committee on Pensions, to whom was referred the report in that case.
Mr. LANE, of Indiana. There is a report the petition of citizens of Cambridge, Guernsey county, The Secretary read the following report,
in that case.
Ohio, praying that a pension be granted to Mrs. Amasubmitted by Mr. Stockton from the Commit
rilla Cook, having had the same under consideration,
The Secretary read the following report, tee on Pensions on the 23d of March last:
beg leave to report: made by Mr. Lane, of Indiana, from the Com That Mrs. Amarilla Cook is the widow of John B. The Committee on Pensions, to whom was referred House bill No. 219. entitled "An act for the relief of mittee on Pensions, on the 2d of April:
Cook, who was a deputy provost marshal of the six
teenth congressional district of the State of Ohio. Catherine Mock," respectfully report:
The Committee on Pensions, to whom was referred and who was murdered at Cambridge, Ohio, on the That it appears from the evidence before the com
the petition of Martha Stevens, widow of the late 5th day of March, 1865, by Hiram Oliver and John mittee that Catherine Mock is the widow of Mr. Wil
John F. Stevens, of Greensburg, Indiana, having had W. Hartup, two descrters from the military service liam H. Mock, who served with fidelity as a private the same under consideration, beg leave to report: of the United States, whom he had attempted to soldier during the Florida war; that he reënlisted That John F. Stevens. late of Greensburg, Indiana, arrest, and who went to his house and shot him down and was made ordnance sergeant at Fort Mifflin, on (the husband of the petitioner,) was in the month of almost in the presence of his family, for whicb crime the Delaware, in 1836; that in November, 1837, he
June, 1863, in the employ of the Government as dep they were convicted and executed at Camp Chase on was drowned while attempting to cross the river to uty provost marshal of Decatur county, in the fourth the 5th day of September, 1865. obtain supplies for the post. It further appears that congressional district of said State; that he, as said The committee, believing that no more meritorious said widow is now more than seventy years of age, deputy provost marshal, was ordered to proceed to case has come before them, therefore report a bill for afilicted, helpless, and destitute of all means of sup Rush county, in said district, in command of a small her relief. port; that it is barely possible she will live three detachment of troops to enforce the enrollment in said months to enjoy the pension provided by the bill.
Mr. FESSENDEN. He was not in the execounty, where there had been threatened resistance The committee think that the pension should be to its execution. On the 10th day of June, 1863, he cution of his duty at the time he was murdered. granted from the date when the claim came promi
proceeded to the execution of his orders, and while The report states that these parties went to his Deotis before Congress. . They therefore report the in the performance of his duties was fired upon by parbill back with the following amendment: strike out
house and shot him. ties concoaled in a wheat-field and instantly killed. in line nine, after the word "from,” the words " and Under the above circumstances the committee be Mr. LANE, of Indiana. The report states, after the passage of this act," and insert the follow lieve that the petitioner should be placed on the roll if the Senator noticed it, that he had underinz words in place thereof, "the 1st day of May, of pensioners, and therefore report a bill for her relief. 1863."
taken to arrest two deserters but had not sucThe committee recommend the passage of the bill Mr. LANE, of Indiana. The reason of this ceeded in making the arrest, and they subseas amended.
special legislation is that provost marshals quently proceeded to his house and shot him Mr. LANE, of Indiana. That amendment were not embraced in any of our pension laws. down, shortly after dark. The fact of his being is simply this: the bill as it passed the House It was an office unknown at the time they were in the discharge of his duty was surely the cause granted a pension to Mrs. Mock from and after enacted. This man was killed in the discharge of his death, for he had gone there for the purthe passage of this act; but it was thought by of his duties, and one of his murderers died in pose of arresting them. We thought that he our committee-the report was made by Mr. jail. The proof of all the circumstances is was clearly in the line of his duty, and that his Stockton--that the pension should commence
widow ought to receive a pension. from the time she filed her papers claiming the
Mr. HENDRICKS. I feel a symyathy for Mr. FESSENDEN. I really think it is carpension.
this case, and shall vote for this bill, but I am rying the matter to a very considerable extent Mr. FESSENDEN. I should like to inquire || not satisfied with the statement made by my to grant pensions in any of these cases. Pro
vost marshals can hardly be considered in the furlough, and embarked the same day on the Mr. LANE, of Indiana. The papers in the military service. They are civil officers to a very Government steamer Pocahontas for his home case state it. It was not a very genteel disgreat degree. Here was a man who, being an in New York. On the night of June 1, 1864, the ease, but a very disagreeable one. We did not officer, and perhaps because he was an officer, steamer Pocahontas collided with the steamer think it necessary to specify it in the report. was murdered, but not while he was attempting City of Bath off the coast of New Jersey, and Mr. GRIMES. Was it contracted in the to discharge his duties. Perhaps he was mur sunk, carrying down with her some forty per
line of his duty ? dered to prevent his attempting it at some future sons, among whom was William Willcox.* It Mr. LANE, of Indiana. Yes, sir; when time. This is establishing something of a pre also appears that the petitioner and William | changing the cables. cedent. We have not given pensions, in any Willcox were married to each other on the Mr. FESSENDEN. I really think this bill case that I know of, for civil service. I should 12th of September, 1848. In view of these facts | ought not to pass. It is a very old affair. like to know exactly how these provost mar the committee recommend the passge of a bill Mr. LANE, of Indiana. There seems to shals stood. Were they mustered into the ser granting a pension to the petitioner at the rate be some difficulty about the bill, and I move vice as military officers?
of eight dollars per month to continue during that it be laid aside for the present until I get Mr. LANE, of Indiana. Provost marshals, her widowhood.
one of the New York Senators to look into it, under the conscription act, were mustered into The bill was reported to the Senate without | and shall call it up some other tine. the military service of the United States, with amendment, ordered to a third reading, read The PRESIDENT protempore. It is moved the rank of captain, always wore the uniform, the third time, and passed.
that the further consideration of this bill be were always subject to orders, and they were
postponed. charged with the execution of this conscription
The motion was agreed to. law. That was a part of their peculiar duties. On motion of Mr. LANE, of Indiana, the
AGNES W. LAUGHLIN.
Senate, as in Committee of the Whole, pro-
Mr. LANE, of Indiana. I move now to take
granting a pension to John Hoffman. By its up for consideration Senate bill No. 241. but had not succeeded in their arrest. I believe
provisions John Hoffman is to be placed on the The motion was agreed to; and the bill (S. they resisted the arrest. He had returned to
pension-roll, at the rate of eight dollars per No. 241) directing the enrollment of Agnes W. his house, and shortly afterward they followed
month, to commence from and after the passage || Laughlin, the widow of a deceased soldier, as him there and shot him down at his own door,
of the act, and to continue during his natural a pensioner, was read the second time and conlife.
sidered as in Committee of the Whole. It proand were afterward hanged for the murder.
Mr. FESSENDEN. Let us hear the report poses to direct the Commissioner of Pensions do not think any clearer case of merit will ever in that case.
to enroll Agnes W. Laughlin, widow of William be presented to the Senate. I think his death was clearly occasioned by the discharge of his
The Secretary read the report made by the Laughlin, deceased, late a private in company
Committee on Invalid Pensions in the House | C, third Indiana cavalry, as entitled to a penduty. Mr. FESSENDEN. I am not disputing that;
of Representatives. It appears from the evi. sion from the 1st of January, 1865. but I will ask the Senator how many of these
dence that the petitioner enlisted in the United Mr. LANE, of Indiana. Let the Secretary States marine service at Philadelphia on the
read the report. cases he has got.
16th day of August, 1827, and was placed on The Secretary read the report made by Mr. Mr. LANE, of Indiana. These are the only two that I know of in the United States. They
board the United States schooner Grampus, Davis, from the Committee on Pensions, by
which vessel sailed soon after for the Gulf of which it appears that William Laughlin was a were the only two brought before us, and are
Mexico. While serving on the Grampus at || private in company C of the third Indiana cavalmost identical in character.
Pensacola the petitioner appears to have been | alry; in December, 1864, he was in actual serMr. FESSENDEN. You say that this man was mustered into the military service?
taken to the hospital on two occasions for dis- || vice and sick in hospital at New Orleans, and
ease contracted in the line of his duty, and was was ordered to be transferred to a hospital in Mr. LANE, of Indiana. Yes, sir; and they
finally discharged at New York on the 6th day Indiana. A short furlough was granted him, were charged expressly with the execution of this law. That was their express duty.
of May, 1830, upon the recommendation of his and he went on board the United States vessel Mr. FESSENDEN. I make no objection
commanding oflicer. It is alleged, and well North America, to proceed to New York city.
established by the testimony of respectable per There were about seven hundred soldiers on to it.
sons who have known him for a long time, that board of this steamer for this trip; but before Mr. LANE, of Indiana. I may be incorrect
he never recovered from the disease contracted she reached her destined port she sunk, and in the fact that they were actually mustered, but they were commissioned and ordered to on ship-board. The petitioner is aged and in
most of the soldiers, including Laughlin, pervery destitute circumstances. The committee | ished. His widow, under these circumstances, report to the nearest military commander. Mr. FESSENDEN. Then I suppose they
therefore report a bill for his relief and recom applies for a pension, and the committee think mend its passage.
the case meritorious. are to be considered as in the discharge of
Mr. GRIMES. Do you not propose to pay
Mr. GRIMES. Is not the Secretary of the military duty. him this pension out of the naval pension fund?
Interior the officer whom we direct to pay The bill was reported to the Senate without
Mr. LANE, of Indiana. No, sir; the bill pensions ? amendment, ordered to be engrossed for a third reading, read the third time, and passed. merely directs the Secretary of the Interior to
Mr. LANE, of Indiana. Yes, sir. place his name on the pension-rolls, and he is Mr. GRIMES. I see that the bill is directed MRS. ALTAZERA L, WILLCOX. to be paid out of the general fund.
to the Commissioner of Pensions. On motion of Mr. LANE, of Indiana, the
Mr. GRIMES. We are very much obliged Mr. LANE, of Indiana. I move to amend Senate, as in Committee of the Whole, pro
to the Senator. There is about eleven or twelve the bill by substituting the Secretary of the ceeded to consider the bill (H. R. No. 264) million dollars in the naval pension fund, and
Interior" instead of the Commissioner of granting a pension to Mrs. Altazera L. Will. it could well afford to pay this pension.
Pensions." cox, of Chenango county, in the State of New
Mr. LANE, of Indiana. I have no doubt The amendment was agreed to. York.
about that, but the difficulty we had on the Mr. LANE, of Indiana. I observe that by The bill provides for placing the name of
subject was that he is not now in the naval an oversight the bill contains no limitation as Altazera L. Willcox, of Chenango county, in service.
to the duration of the pension. I move to the State of New York, widow of William
Mr. GRIMES. I thought he was on board amend the bill by adding the words to conWillcox, late a private in company B, in the the Grampus?
tinue during her widowhood." one hundred and fourteenth regiment New
Mr. LANE, of Indiana. He had been dis The amendment was agreed to. York volunteers, on the pension-roll, at the
charged for a great many years from the Navy, The bill was reported to the Senate as rate of eight dollars per month, to commence
and was not in the Navy when he made his | amended, and the amendments were from and after the passage of the act, and to
application, and I supposed we ought to put it curred in. continue during her widowhood.
on the general fund. I have no objection to The bill was ordered to be engrossed for a Mr. FESSENDEN. I should like to hear
letting it be paid out of the naval fund if the third reading, and was read the third time the report in that case. Senator will move that amendment.
aud passed. The Secretary read the report made by the Mr. GRIMES. How long ago did he con
ISABELLA FOGG. Committee on Învalid Pensions in the House
tract this disease? of Representatives, from which it appears that
Mr. LANE, of Indiana. Some thirty years
Mr. LANE, of Indiana. I move now to take
up for consideration the bill (H. R. No. 266) William Willcox, the late husband of the peti
ago. tioner, enlisted in the one hundred and four
Mr. GRIMES. What was the disease?
granting a pension to Isabella Fogg, of the
State of Maine. teenth regiment New York infantry volunteers,
Mr. LANE, of Indiana. The report will show.
The motion was agreed to; and the bill was and was regularly mustered into the service of
considered as in Committee of the Whole. It the United States on the 11th of August, 1862,
Mr. GRIMES. It does not state what it to serve three years or during the war, in the
proposes to direct the Secretary of the Interior I ask for the reading of that portion of
to place the name of Mrs. Isabella Fogg on town of Norwich, Chenango county, New York.
the report again. He served with his regiment until some time in
The Secretary read, as follows:
the pension-roll, at the rate of eight dollars
per month, to commence from and after the the spring of 1864, when he was sent to the gen
" While serving on the Grampus at Pensacola, the petitioner appears to have been admitted to the hos
passage of the act and to continue for her eral hospital at the barracks near New Orleans pital on two occasions of diseases contracted while in natural life, she having been totally disabled in cousequence of chronic diarrhea, which dis the line of his duty.”
while acting as nurse on board the United ease was contracted while in the line of duty. Mr. JOHNSON. That does not state what States hospital boat near Louisville, in the On the 23d of May, 1864, he received a sick the disease was.
State of Kentucky.