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fifth section of this bill, and if the House agrees with him, then this first section can easily be changed to conform to his amendment to the other section. As debate under the fifteenminute rule is very free, I would suggest to the gentleman to let this section be passed over for the present.

advantageous to the service I, not being an expert, cannot of course determine with confidence; but considering the ordinary principles of human nature, it appears objectionable, because it places these military men at the mercy of the arbitrary judgment of their fellows, and tends to create a spirit of rivalry and contention which must prove a source of discord that will have a fatal influence upon the whole organization, rank and file. Upon this point I trust that when the section comes up we shall hear from the chairman of the Committee on Military Affairs an explanation which will be satisfactory to the House and to the Army, the officers of which, so far as my observation has gone, deem this feature of the bill very objectionable.

One object which I had in rising to speak on this occasion was to call attention to the fact that, until this bill shall be fully and fairly before the country, there can be no sufficient opportunity for members, particularly those on this side of the House, to gain practical and useful information as to the bearings of the bill upon the Army and its officers. I trust that the chairman of the committee will consent that this full and fair opportunity for becoming acquainted with the merits of the bill shall be given, and that final action upon it will be sufficiently delayed to enable us to inform ourselves properly. The chairman of the committee, by reason of his peculiar position, has, of course, opportunities of information superior to those possessed by most of the other members of the House, particularly the members of the Opposition. As one of these, who, according to the system carried out by the dominant party, are allowed to see the gates, but never to enter the portals of the political paradise, I ask for a little time, and express the hope that the discussion will be full and satisfactory. It is my impression that before the debate shall close the able and experienced chairman of the Military Committee will himself acknowledge that his bill is capable of improvement.

The next section was read, as follows:

Mr. DAVIS. I have no objection to accede to the suggestion of the gentleman from Maine, [Mr. BLAINE,] to pass over this section for the present, if it can be done without prejudice to what I want.

Mr. CONKLING. I would suggest that this question again comes up in section four, determining the organization of the infantry regiments, where it reads, "of ten regiments, to be raised and officered as hereinafter provided for, to be called the Veteran Reserve corps."

The SPEAKER. This first section can be passed over by general consent, and subsequently modified to correspond with whatever changes the House may make in other parts of the bill.

No objection was made.

Section two was then read, as follows:

SEC. 2. And be it further enacted, That the five regiments of artillery provided for by this act shall consist of the five regiments now organized; and the first, second, third, and fourth regiments of artillery shall have the same organization as is now prescribed by law for the fifth regiment of artillery: Provided, That the regimental adjutants, quartermasters, and commissaries shall hereafter be extra first lieutenants. Mr. CHANLER. As I understand the ar rangement made by the consent of the House just now, the first section of this bill is not now under consideration.

The SPEAKER. The first section has been passed over by general consent, with the understanding that hereafter it shall be made to conform, in regard to the number of regiments, with the action of the House upon succeeding sections.

Mr. CHANLER. I desired to say a few words upon this first section, in reference to the general application of portions of it. But perhaps I can say what I have to say just as well upon this section.

My object in rising is to notice the very terse and clear statement, as well as the very full and fair statement made by the chairman of the committee [Mr. SCHENCK] in reference to the character and scope of this bill. I certainly feel inclined to congratulate the gentleman upon his kindness and consideration in accepting the suggestions of the Lieutenant General of the Army and the Secretary of War in behalf of retrenchment, and I think we may congratulate ourselves that the state of security of the country is the basis of that retrenchment; that we have no reason to apprehend that state of internecine war which has been made the ground for most of the bills presented to this House; and also that in the face of a foreign war we are prepared in the organization of the Army here proposed to meet any exigency which may arise.

This bill appears to pursue the same system of consolidation-whether with more success I cannot tell. The bill, coming before us now for the first time, has not yet been subjected to that analysis which its importance justifies. But, sir, the general features of the system proposed in the bill-the organization of the colored troops, of the Reserve corps, and of the Provost Marshal's Bureau; the fundamental alteration proposed with reference to the control of the Military Academy at West Point; the disposition manifested to exclude regular officers and to favor volunteer officers, as if the citizen who receives a military education at the expense of the Government should stand in an inferior position to him who enters a volunteer organization without such military educationa distinction for which I cannot see any good reason all these points strike me with force on the first reading of the bill.

Now, sir, one great feature of this bill-the examining board-has been admitted by the chairman of the committee to bear the name by implication if not by merit, of a star-chamber tribunal. How such a tribunal may be

SEC. 3. And be it further enacted, That to the six regiments of cavalry now in service there shall be added six regiments, having the same organization as is now provided by law for cavalry regiments, all the first and second lieutenants of which, and two thirds of the officers in each of the grades above that of first lieutenant, shall be selected from among the officers and soldiers of volunteers who have served in the Army of the United States in the late war for the suppression of the rebellion, and have been distinguished for capacity, good conduct, and efficient service: Provided, however, That graduates of the United States Military Academy shall be eligible to appointments as second lieutenants. Any portion of the cavalry force herein authorized may be dismounted and armed and drilled as infantry at the discretion of the President. Each cavalry regiment shall hereafter have but one hospital steward, and the regimental adjutants, quarterinasters, and commissaries shall hereafter be extra first lieutenants.

Mr. PAINE. I move the following amend

ment:

In the fifth line, after the word "which," insert the words" commissioned before the 1st day of January, 1870;" and in the sixth line, after the word "lieutenant," insert the same words: so that the clause will read as follows:

That to the six regiments of cavalry now in service shall be added six regiments, having the same organization as is now provided by law for cavalry regiments, all the first and second lieutenants of which, commissioned before the 1st day of January, 1870, and two thirds of the officers in each of the grades above that of first lieutenant, commissioned before the 1st day of January, 1870, shall be selected from among the officers and soldiers of volunteers, &c.

Mr. Speaker, this section provides that, in officering these six cavalry regiments, the first and second lieutenants shall be selected from among the officers and soldiers of volunteers, and two thirds of the officers of the higher grades shall be selected in the same way. Now, the question at once presents itself, does this language mean that all the officers of these lower grades and two thirds of the officers of the higher grades shall for all time to come be selected from the volunteers; or does it mean that only the first appointments shall be made in that way from the volunteers?

ifest injustice is done to the regular Army, and if the second is the meaning of the committee, it seems to me injustice is done to the officers of the volunteers. I believe it should be, as I have no doubt it is, the wish of the committee, to do equal and exact justice between them both. I certainly am disposed, and shall be hereafter, to cast my vote actuated alone by that principle. I wish to do everything that shall seem to be just and right in favor of the officers of the regular Army, while I shall at the same time insist upon everything which seems to me to be just and right to the officers of vol

unteers.

Now, Mr. Speaker, if the first is the purpose of the committee, it seems to me man

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REORGANIZATION OF THE ARMY-AGAIN.

Mr. PAINE. Now, Mr. Speaker, I believe it would be injustice to the officers of the reg ular Army if the appointments for all time to come, without further legislation, shall be given to officers of volunteers. On the other hand, it will not satisfy me if only the first appointments shall be given to volunteers. It is still less satisfactory to me that the law should stand ambiguous and open to such construction as the War Department or any officer called to consider it may choose to give. I have, therefore, offered what seems to me to be a compromise between those two plans, giving these appointments up to January 1, 1870, to officers of volunteers, leaving them after that time to be filled by the War Department as the Department may desire. I hope the gentleman will accept that.

Mr. SCHENCK obtained the floor.

Mr. STEVENS. Let me ask for a definition of the word "volunteers" as used in this bill. Do I understand it to embrace drafted men? Mr. SCHENCK. Yes, sir. I have never heard it questioned.

Mr. Speaker, the gentleman from Wisconsin has discovered an ambiguity in this third section, which with him I am willing should be amended. He is right in supposing the understanding and intention, and such would only be the fair construction of the section, is to pro vide for volunteers who are to be appointed in the first appointments which are made, what is called the filling of original vacancies in these regiments. To remove the ambiguity it may be well to insert some provision to say it is only in these original vacancies created by calling into being these regiments or else to limit them to time, as he proposes.

I do not know I should object to the exten sion of the time, for that virtually is the effect of his amendment, so as to give the exclusive right of appointment to two thirds of the appointments to volunteers for nearly four years more. That can be the only effect to extend the time so as to be more favorable to volunteers. As it removes ambiguity and makes the section clear, I shall not oppose the ameud

ment.

The amendment was agreed to.

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And to insert in lieu thereof the following: Provided, however, That graduates of the United States Military Academy, who served as officers of volunteers, shall be eligible to appointment as other officers of volunteers.

I do not perceive, sir, why this distinction is made between graduates of the Military Academy and those not graduates of the Military Academy when both served as volunteer officers. It will be seen this would exclude graduates of the Military Academy, although they did not serve as officers in the regular Army. I should like to hear a good reason given, either by the chairman of the Military Committee or some one else, why a graduate of the Military Academy, who has served as a volunteer officer during the rebellion, is less fit to receive an appointment than if he had received no military education at all?

Mr.SCHENCK. That proviso was put there for the purpose of saving graduates of the Military Academy. If the gentleman will hear me I will explain. The preceding portion of the section provides that the first and second lieutenants shall be taken from among the volunteers, and that would cut out the young men who have just left West Point. Something is to be done with them. You could not put a single one of them into the cavalry unless there was a saving clause which would embrace that proportion of them whom you might desire to appoint into the cavalry. It was, therefore, thought proper by the Committee on Military Affairs not to cut off the graduates from West Point, but to provide that while these subaltern appointments were to be given to volunteers or volunteer officers, an exception should be made in favor of the young men coming from West Point. That exception, however, only extends to making second lieutenants of them. That limitation to the second lieutenantcies in such appointments is occasioned by a desire to prevent the taking of these young gentlemen, fresh from West Point, and making them captains and first lieutenants, while you give to volunteer officers only second lieutenantcies. Such has actually been the case; there are young gentlemen who only left West Point last year, who are now captains in the service. The object of the committee is to save the graduates of West Point, and give them the same benefits that volunteer officers enjoy so far as second lieutenantcies are concerned.

But there is another point. The gentleman says that a graduate of West Point may have served as a volunteer officer. Well, if he has served in that capacity, and is yet in the regular Army, he is not cut off by this provision; because he is something now in the regular Army. He is at least a second lieutenant, and he retains his place. But if he was a graduate of West Point, and not in the regular Army, he was then only a volunteer officer, and he has the same advantages as any other man in the volunteer service.

Mr. BOYER. Would not those be excluded who, although graduates of the Military Academy, had never served in the regular Army, bat had served during the war in the volunteer force? If that be the intention of the gentleman, I think his bill accomplishes his object. If it be not, then he ought to modify his bill. Mr. SCHENCK. Perhaps the gentleman might possibly find a case of that kind.

Mr. BOYER. There are hundreds of cases of that kind.

Mr. SCHENCK. If a graduate of West Point immediately upon graduating has resigted and afterward gone into the volunteer service, and is only a volunteer officer, he might be thus cut off.

Mr. BOYER. That would exclude hundreds of the best officers who fought during the war. Mr. BLAINE. There may be cases of that kind, and I suggest the use of language which

Mr. BOYER. I will accept that amendment as far as it goes, but I still insist on the addition of the other words, "Provided, that graduates of the United States Military Academy who served as officers of volunteers shall be eligible to appointments on the same footing as other officers of volunteers."

Mr. SCHENCK. If you limit it to those it will cut off all the new graduates. Some of these young gentlemen have served nowhere. They have come out as graduates since the war was over, and we wish to save their right to promotion.

Mr. BOYER. The phraseology suggested by the gentleman from Maine would save that class, but not the class that I intend to save by the amendment which I propose.

Mr. BLAINE. I have a suggestion to make which, I think, will cover the point so that gentlemen cannot quibble or cavil about it at all. I suggest the addition of a proviso that graduates of the United States Military Academy, after the passage of this act, shall be eligible to appointment.

Mr. BOYER. There will still be an ambiguity about it.

Mr. BLAINE. Not if you insert the words, "Provided that cadets of the United States Military Academy who shall graduate after the passage of this act," &c.

Mr. BOYER. It will still be liable to ambiguity. It would lead to the inference that none but those would be eligible to appoint

ments.

Mr. BLAINE. I do not think the gentleman from Pennsylvania has got hold of the spirit of the proviso, which I thought the chairman of the Committee on Military Affairs explained very clearly. The proviso is entirely in the interest of the West Point graduates. It was put in there for their benefit exclusively.

Mr. BOYER. Yes; so that they might be appointed second lieutenants and nothing else.

Mr. BLAINE. Will the gentleman tell me when a West Point graduate was ever entitled to any appointment except that of second lieutenant? This provision simply conveys to them the same right as regards these six regiments that they have in other parts of the Army. The first part of the section would have confined the selection of all the officers of these six regiments, both line and staff, to volunteers. It was thought by the Committee on Military Affairs that it would be unfair to cut off from appointments in these regiments those graduating from West Point.

Mr. BOYER. I can understand how the amendment suggested by the gentleman from Maine would save young men who have just graduated at the Military Academy at West Point, but it would not save those who graduated there years ago, and who have been officers in the volunteer service during the war. That class would still remain unprovided for. Mr. BLAINE. They stand precisely on the same footing as other volunteer officers.

Mr. BOYER. Well, I propose to make the matter plain by inserting the words I have suggested.

Mr. GARFIELD. There is the one third unprovided for, from which all persons may be appointed, together with the advantage they gain under the bill from having been volunteer officers as well as graduates of the Military Academy at West Point. It does seem to me that the class of persons to which the gentleman refers. is amply provided for under those two heads. The proviso, as it now stands, would apply to the young cadets just out of the Academy.

Mr. BOYER. I want to provide for those graduates of the Military Academy who were officers in the volunteer service. Many of our most valuable volunteer officers who fought during the rebellion were graduates of West Point, who had never served in the regular

Army. But when the rebellion broke out, having been educated at the public expense, they thought it their duty to volunteer, and they did so. Some of them led regiments; others were captains, or occupied other subordinate positions. Why should they, simply because they were graduates of the West Point Academy, be excluded; and why should they not be placed on the same footing as other volunteer officers? Mr. GARFIELD. reading of this bill.

They are, under my

Mr. SCHENCK. The gentleman from Pennsylvania certainly totally misapprehends the whole tenor of this section, or else I am exceedingly in the dark myself. Suppose this proviso were not here at all, what then would be the effect? Why, that all these subaltern appointments would be given to volunteers, including those who had graduated at West Point as well as others. If they had left the regular Army and were volunteers only, and had been volunteers during this war, they would not be disqualified.

Now, we want to have them all to have the benefit of this section; all those who, having been graduates of West Point, have left the regular Army, have resigned their places therein, and have served only as volunteers. And then we want to put in a saving clause for the benefit of some few who may hereafter graduate, who without such saving clause would be disqualified. That is the whole of it.

There was perhaps some justice in the criticism of the gentleman, as it applied to the saving clause, so far as these cadets were concerned, for it might be held to extend to other classes than those just graduated. I suggest, therefore, that it be amended so as to read, "that cadets of the United States Military Academy hereafter graduating shall be eligible," &c.

Mr. BOYER. I understood the gentleman to say a few moments ago, wherexplaining the general features of this measure, that one difference between this bill and the bill which passed the Senate was, that the latter bill put regular officers who had also served as volunteer officers upon the same footing with volunteer officers, while the object of this bill was to exclude that class of officers.

Mr. SCHENCK. That is an entirely different section, and is in entirely different language.

Mr. BOYER. Very well; then I will wait until that section is reached, and in the mean time accept the modification of the gentleman from Maine, [Mr. BLAINE.]

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. FORNEY, its Secretary, informed the House that the Senate had non-concurred in the amendment 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.

Also, that the Senate had indefinitely postponed House bill No. 458, granting a pension to Sarah E. Pickell.

Also, that the Senate had passed House bill No. 219, for the relief of Catherine Mock, with an amendment, in which he was directed to request the concurrence of the House.

Also, that the Senate had passed without amendment House bills of the following titles: An act (H. R. No. 218) for the relief of Charles Youly;

An act (H. R. No. 264) granting a pension to Mrs. Altazera L. Willcox, of Chenango county, State of New York;

An act (H. R. No. 266) granting a pension to Mrs. Isabella Fogg, in the State of Maine; An act (H. R. No. 287) granting a pension to Virginia K. V. Moore;

An act (H. R. No. 268) for the relief of Albert Nevins;

An act (H. R. No. 443) granting a pension to Mrs. Elizabeth York;

An act (H. R. No. 444) granting a pension to Lewis W. Dietrich; and

An act (H. R. No. 446) for the relief of Nich

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olas Hibner, late private in the sixth regiment of the Missouri State militia.

be to give to officers and soldiers of volunteers during the late war all the commissions of first and second lieutenants, and two thirds of those of higher grade. Now, it seems to me that the language employed in this section does not accomplish that object. The section now reads

Also, that the Senate had passed Senate bills of the following titles, in which the concurrence of the House was requested:

An act (S. No. 201) for the relief of Ann Heth, widow of William Heth, of Harrison county, Indiana;

An act (S. No. 237) granting a pension to Mrs. Martha Stevens ;

An act (S. No. 238) granting a pension to Mrs. Amarilla Cook;

An act (S. No. 241) directing the enrollment of Agnes W. Laughlin, widow of a deceased soldier, as a pensioner; and

An act (S. No. 252) granting a pension to Mrs. Sarah E. Wilson.

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Provided, however, That graduates of the United States Military Academy, who shall graduate after the passage of this act, shall be eligible to appointment as second lieutenants.

Mr. CONKLING. The criticism made by the gentleman from Pennsylvania [Mr. BOYER] is that by the clause, as it stands unamended, a graduate from West Point must have served in order to be considered in reference to appointment as second lieutenant. The proposition now is to leave the section as it is in that respect, except to provide that graduates coming from the Military Academy hereafter shall be eligible to such appointment.

Now, if I understand the point and apprehend the force of this language, the change will be to confine the section as it now is to those who may graduate hereafter, leaving the other question as much open as it is now. I would suggest to the chairman of the Committee on Military Affairs that the object may be accomplished by inserting after the word "eligible," in the proviso as it now stands, the words "without having served as volunteers;" so that the clause will read:

Provided, however, That graduates of the United States Military Academy shall be eligible without having served as volunteers to appointment as second lieutenants.

Mr. BOYER. I think myself that would be much better.

All the first and second lieutenants of which, and two thirds of the officers in each of the grades above that of first lieutenant, shall be elected from among the officers and soldiers of volunteers who have served in the Army of the United States in the late war for the suppression of the rebellion, &c.

As the section now stands it has application only to the filling of the original vacancies-the formation of the regiment at the outsetleaving the laws already in force and as amended

Mr. BOYER. I accept the amendment. Mr. GARFIELD. I would suggest the fur-by this bill to apply with reference to subsether amendment to add the words, "and to quent promotions and appointments in each no higher grade." regiment. The result of that is that when the Mr. BLAINE. Ttake it that is the exist-original vacancies are once filled there are no ing law. further appointments, except to the grade of second lieutenant. Now, the effect of the amendment proposed by the gentleman from Wisconsin is simply to provide that for a term of nearly four years those original appointments to the grade of second lieutenant shall be made solely from volunteer officers and soldiers, thus excluding from promotion during all that time the rank and file of this very army which we are now organizing.

Mr. CONKLING. I think that would meet the point on all sides, and leave it in much better shape than it is now.

Mr. BLAINE. I will accept that in lieu of my amendment, although I think it is mere surplusage.

The amendment was agreed to.

Mr. FARNSWORTH. I would ask the attention of the chairman of the Committee on Military Affairs [Mr. SCHENCK] for a moment while I indicate an amendment which I think should be made to this section. I understand the object of the committee by this section to

Now, a great many of the officers of volunteers who served in the late war also held commissions in the regular Army.

Mr. BLAINE. That point is fully met by another section of this bill.

Mr. FARNSWORTH. I propose to insert after the word "volunteers," in the clause I have just read, the words "not holding commissions in the regular Army."

Mr. SCHENCK. I beg to call the attention of the gentleman to section forty of this bill, which obviates all ambiguity such as the gentleman complains of. That section provides:

That officers of the regular Army, who have also held commissions as officers of volunteers, shall not on that account be held to be volunteers under the provisions of this act.

This defines what is meant by "officers of volunteers," so as to exclude any conclusion such as the gentleman thinks might be arrived at without such a provision.

Mr. FARNSWORTH. I think that is true, and I withdraw my amendment.

Mr. HALE. Mr. Speaker, I move to reconsider the vote by which the House adopted the [Mr. PAINE,] in regard to the time during amendment of the gentleman from Wisconsin, which this provision for the appointment of

officers is to continue in force. I will state what I understand to be the effect of that amendment.

strictly within the terms of the section as now amended on my motion. I am anxious to provide for the volunteers who have served in this war and who may hereafter reënlist in the reg ular Army; but I contend that they are covered by the section as it now stands.

There is another thing which the gentleman must not overlook. He is anxious, as I am, to provide for the seventeen hundred officers of the regular Army; but, sir, I am anxious, as I believe he must be, to provide for the fifty or one hundred thousand officers of volunteers.

I submit that such a policy is one which this House is not ready, on deliberate consideration, to sanction, and one which ought not to be sanctioned. I submit that if we are ever to have an efficient army we must in organizing it rely mainly on the opportunity for promotion held out to the rank and file of that army. Hence, it appears to me that this provision proposed by the gentleman from Wisconsin will derogate greatly from the efficiency of the army which we now propose to organize.

I trust that the motion to reconsider will prevail, and that appointments to the grade of second lieutenant, after the regiments are once organized, after the original vacancies are once filled, will be left open, as they are under existing laws, to the rank and file, to those who have served as volunteers, to those who may come from civil life, and to the graduates of the Military Academy.

Mr. PAINE. I desire to say a few words in reply to the considerations submitted by the gentleman from New York, [Mr. HALE;] and I will admit at the outset that those considerations are not without weight. But the gentleman, while he is proposing to provide by law that these positions shall be given hereafter to men in the ranks, must also bear in mind that the larger proportion of these six regiments will be made up of men who have been volunteers during this war, and who will hence fall

Mr. HALE. The gentleman will permit me to say that it is the privates, the rank and file of the regular Army, not the officers, that I am now trying to provide for.

Mr. PAINE. I understand; but, as I was remarking, I am anxious that the fifty or one hundred thousand officers of the volunteer army should not be lost sight of. Let me say to the gentleman again, what he appears to have failed to understand, that the rank and file of these six new regiments will be men who have served in the volunteer army during this war, and those men are covered by the section as it stands with my amendment, for by that section these commissions are to be given, not to volunteer officers alone, as the gentleman seems to suppose, but to volunteer officers or soldiers.

I may remark, too, that, as I believe, a statutory provision ought hereafter to be adopted that promotions and commissions in the regular Army shall be given exclusively to officers and soldiers actually in the service, so that the privates may be lifted up by merit to commissions, as they deserve to be.. But I cannot see amendment already adopted. the force of the gentleman's objection to my

Mr. HALE. The gentleman will allow me to submit to him this single proposition, whether there is any justice, or fairness, or propriety in providing that a soldier who has served in the volunteer forces during the last four years and then enlisted in the regular Army, shall be eligible to appointment as a second lieutenant, while a private, a corporal, or a sergeant who has served faithfully in the regular Army during the same period shall be ineligible. The effect of the amendment is to make that discrimination.

Mr. BLAINE. Mr. Speaker, there is a single consideration I desire to suggest to the gentleman from Wisconsin. One of the difficulties we are going to encounter is to fill the ranks of the Army which we are providing for in this bill. The officers are going to be numerous. It will be more than four times as large as any Army we have ever had in the United States. Now, the graduates of the West Point Military Academy will not begin to supply the commissions this Army will call for. Heretofore graduation at West Point has outrun the demand for officers to such an extent that a great many had to enter as brevet second lieutenants, who remained brevet second lieutenants for years. I know officers who served fifteen years before they got first lieu tenant's commissions.

That being the case, the way to official position not being through West Point, except for a minority of places, if the Army bill is wisely regulated you can make the appointing power to official position one of the strongest stimulants of filling up your ranks. I would like to see it confined that the first appointments and promotion to official positions should be from West Point and from the rank and file. You can get a better class of men. You will prevent, too, what is called political influence in making appointments. You certainly will stimulate enlistments. Deserving men who enter the Army and get the rank of corporals or sergeants will have a fair show of being officers in a few years.

Mr. THAYER. How does the gentleman propose to stimulate enlistment by providing that those who enlist shall not be promoted

until 1870?

Mr. BLAINE. As I am speaking against that amendment the gentleman had better ask the question of some one else. I am speaking

express the idea I had intended, I will modify geants have been promoted to make room for it thus: them.

against the amendment of the gentleman from Wisconsin. I am for filling up with officers of volunteers at the organization and then leaving promotion open to the rank and file. Therefore I am for a reconsideration of the vote by which the amendment was adopted.

Mr. HALE. I will state, if this be reconsidered, it will be perfectly satisfactory to retain the present words moved by the gentleman from Wisconsin; and simply to add to them that they shall be selected from among the officers and soldiers of volunteers and the enlisted men of the regular Army.

Mr. PAINE. That will be perfectly satisfactory to me.

Mr. HALE. That will provide that these vacancies shall be filled either from the volunteer or regular Army. If it be satisfactory, I will withdraw my motion to reconsider, and move to add after the word "service" in the tenth line, "or enlisted men of the regular Army; "so that it will read, as follows:

SEC. 4. And be it further enacted, That to the six regiments of cavalry now in service there shall be added six regiments, having the same organization as is now provided by law for cavalry regiments, all the first and second lieutenants of which, and two thirds of the officers in each of the grades above that of first lieutenant, shall be selected from among the officers and soldiers of volunteers who have served in the Army of the United States in the late war for the suppression of the rebellion, and have been distinguished for capacity, good conduct, and efficient service, or enlisted men of the regular Army.

After the word "service" insert as follows:

And after the original vacancies are filled, enlisted eligible to appointment as second lieutenants. men of the regular Army shall in like manner be

The SPEAKER. The Chair did not regard the gentleman as accepting the amendment, but the gentleman from New York [Mr. HALE] withdrew his motion to reconsider, and moved to amend the section by adding thereto.

Mr. PAINE. I have made my objections to the amendment. I have said what I wish, and that I cannot accept it. Mr. HALE. Being satisfied that the critiof the gentleman from Illinois [Mr. FARNSWORTH) in regard to my original amendment was well founded, and that it failed to

Mr. SCHENCK. I am afraid this will not cohere very well, and that it will not accomplish the object which the gentleman has in view.

I yielded to the suggestion of the gentleman from Wisconsin [Mr. PAINE] to remove some of the ambiguity in the section upon the question whether these were the original vacancies or not. But I doubt the propriety of extending it further than three or four years to come. I think the intention of the committee in the original section was about right, and that may be carried out if the gentleman will reconsider his proposition and insert something of the kind in another place. I will suggest that section three be amended so as to read thus:

SEC. 3. And be it further enacted, That to the six regiments of cavalry now in service there shall be added six regiments, having the same organization as is now provided by law for cavalry regiments, and in making appointments to fill the original vacancies in the regiments thus provided for all the first and second lieutenants, and two thirds of the officers in each of the grades above that of first lieutenant, shall be selected from among the officers and soldiers of volunteers who have served in the Army of the United States in the late war for the suppression of the rebellion, and have been distinguished for capacity, good conduct, and efficient service.

Mr. FARNSWORTH. I am opposed to that amendment. The officers and soldiers of the regular Army have, under this section as it now stands, avenues for promotion open to them in all the old regiments of which they are members, as well as to one third of the officers of the new regiments. These regiments are going to be filled up, if at all, by men who served in the late war almost entirely. This section provides that the officers and soldiers who served in the late war may hold all the offices except one third. What is the use of extending it to embrace soldiers of the regular Army who already may receive commissions in the old regiments? Now, sir, these new regiments are to be filled up by soldiers of the late war. I say they are all included in this section without amendment. The amendment of the gentleman from New York will extend the privilege to all the men in the old regiments now. Mr. HALE. The gentleman will allow me to explain. He misapprehends my amendment. It is simply that the original vacancies-that is what I intend by it, but perhaps I failed to express it clearly-that the original vacancies above that of first lieutenant are to be filled by promotion and not by appointment, and the rank of second lieutenant is to be filled from those who served in the volunteers during this war or served in the regular Army. Mr. FARNSWORTH. That is not in the amendment as proposed by the gentleman before. That is very well. Mr. HALE. I think the gentleman's criticism is just. I will so modify my amendment. Mr. PAINE. I supposed the amendment the gentleman from New York was to be inserted in line seven. That presented itself to my mind at first. Now, he proposes something different by placing the amendment in

Mr. VAN AERNAM. I believe the regular Army has always taken care to look out

the tenth line, which gives a man who hap-for its own children in regard to promotion.

No one has ever been promoted over the great

pened to be an enlisted man in the regular Army the same rights and privileges as those who rendered actual service during the war. It is not just.

bulk of the cadets.

I think that will compromise all these differences. I submit to the gentleman from Wisconsin [Mr. PAINE] whether that will not accomplish the object.

Mr. HALE. Allow me to ask, does this proposition include the reconsideration of the amendment passed on the motion of the gentleman from Wisconsin, [Mr. PAINE?]

Mr. SCHENCK. Yes, sir.

Mr. PAINE. The proposition of the chairman of the committee is not satisfactory to me It for the reasons that I gave at the outset. seems to me that something more than the original vacancies should be retained to reward those men who have served in the volunteer army during the war. There have been from one to two millions of them, and from fifty to a hundred thousand officers who have served in the volunteers, and if we give to them only the specified original vacancies in these six new regiments of cavalry, leaving all the other six and a part of these to officers and privates of the regular Army, it seems to me we shall not be doing justice to officers and soldiers of the volunteers. As it stands now the regular Army has the commissions of six of the cavalry regiments and one third of all above lieutenants in the others. Why should we give to the few men who compose the regular Army, either as officers or as enlisted men, not only the commissions of the six old regiments and one third of those of the higher grades of the new, but also the greater part of the remaining two thirds of the commissions of the six new regiments of cavalry? I would be willing to abridge the time, but I cannot consent that all the promotions to be made after the original vacancies shall be filled shall pass beyond the reach of the volunteer officers.

Mr. BLAINE. The Army Register shows some one hundred and fifty officers who have been promoted directly from the ranks.

Mr. FARNSWORTH. A large number of promotions have been made lately from the regular Army from sergeants to first lieutenants and captains to make room for first and second lieutenants on the recommendation of members of Congress. But I have not seen any first lieutenants or captains appointed upon such recommendation. I see a great many colonels, lieutenant colonels, and majors who have served faithfully during the war have been appointed second lieutenants while ser

Mr. SCHENCK. To bring the House back to the suggestion that I made as a compromise, I propose to insert in section three after the words "cavalry regiments," these words:

And in making appointments to fill the original vacancies in the regiments thus provided for, and for a period of three years after the passage of this act. Also to strike out the words "of which;" so that the section will read:

SEC. 3. And be it further enacted, That to the six regiments of cavalry now in service there shall be added six regiments, having the same organization as is now provided by law for cavalry regiments, and in making appointments to fill the original vacancies in the regiments thus provided for, and for a period of three years after the passage of this act, all the first and second lieutenants, and two thirds of the officers in each of the grades above that of first lieutenant, shall be selected from among the officers and soldiers of volunteers who have served in the Army of the United States in the late war for the suppression of the rebellion, and have been distinguished for capacity, good conduct, and efficient service.

The motion to reconsider the vote by which the amendment of Mr. PAINE was adopted was agreed to.

The question recurred on agreeing to the said amendment.

Mr. PAINE. I withdraw it, and accept the proposition of the chairman of the committee, [Mr. SCHENCK.]

The amendment of Mr. SCHENCK was then agreed to.

Mr. SCHENCK. I ask now to have read the amendment of the gentleman from New York, [Mr. HALE.]

Mr. HALE. I will modify it by inserting after the word "lieutenant" these words:

And that after the original vacancies are filled, enlisted men of the regular Army shall in like manner be eligible to appointment as second lieutenants.

Mr. SCHENCK. That is not necessary now, after the adoption of the last amendment.

Mr. GARFIELD. I hope the amendment in the shape now presented will not prevail, and for this reason: if it be passed, all that a civilian who has ever served in his life has to do to get into the regular Army as second lieutenant is to have it arranged that as soon as he shall be enlisted in the regular Army he shall be promoted, and in a few days he can pass from civil life to the position of a commissioned officer. Now, that is precisely the thing which we do not want to be done. We want the Army to be made up of those who have served either in the ranks or as officers.

It has been said, very properly, that persons who have served in the regular Army ought to have a chance to be promoted. They have a chance now every day. In the nineteen regiments now in service it is a very common thing for enlisted men to be promoted to commissions. Therefore no wrong is done to these by the law as it now stands. But if we do what the amendment proposes, men who never saw a day's service can enlist to-day and to-morrow get commissions as second lieutenants.

Mr. PAINE. I wish to bring to the attention of the House a single instance that occurred within my personal knowledge. A man of influence had a friend for whom he desired a commission in the regular Army. He enlisted and received a high bounty from the Government, with an arrangement by which he was placed immediately on agreeable duty at the headquarters of his immediate commander, and as soon as possible recommended for promotion. And but a short time elapsed after he had pocketed his bounty and entered the regiment as a private, before he received his commission, for which alone he enlisted.

That will be done every day if this amendment is adopted.

Mr. HALE. It will probably be difficult to frame any bill that will not be subject to abuses by the President of the United States, the Senate of the United States, the Secretary of War, and officers in command of brigades and regiments in the Army. It can hardly be expected that we can provide against all the frauds which may be committed by the collu

sion of all those officers. But for the sake of obviating the difficulty to which the gentleman refers I have no objection to again modify my amendment by saying "enlisted men of the regular Army who shall have served at least one year."

a first and second time, and referred to the Committee on Invalid Pensions.

MRS. EMERANCE GOULER.

Mr. GARFIELD. During the late war. Mr. HALE. I insist that it should not be "during the late war." We should leave the door open to meritorious service hereafter as it has been heretofore. Gentlemen familiar with the history of the Army know that there have been as gallant and meritorious deeds performed by our soldiers of the rank and file at obscure points on our frontiers, in Indian wars, as have been performed in this war against the rebellion. Now, I am unwilling to shut the door against men who may wish to enlist in the Army and earn their commissions as heretofore. I will modify my amendment by inserting the words "after six months."

Mr. SCHENCK. I will do that.

The motion to reconsider was accordingly entered upon the Journal.

By unanimous consent the House postponed informally the further consideration of the Army bill, and proceeded to the consideration of business upon the Speaker's table.

MRS. ANN HETH.

The first business upon the Speaker's table was an act (S. No. 201) for the relief of Mrs. Ann Heth, widow of William Heth, of Harrison county, Indiana; which was taken up, read a first and second time, and referred to the Committee on Invalid Pensions.

MRS. MARTHA STEVENS.

The question was upon the amendment of Mr. HALE as modified."

Mr. WRIGHT. I desire to move an amendment to the amendment.

Mr. DEMING. I move that the House now adjourn.

Mr. SCHENCK. I hope the gentleman from Connecticut [Mr. DEMING] will withdraw that motion for a few moments.

Mr. DEMING. I will withdraw it for the DENISON. present.

Mr. SCHENCK. I desire to move to reconsider the vote by which the House agreed to insert after the words "shall be eligible" the words "without having served as volunteers,''

The SPEAKER. The pending question is upon the amendment of the gentleman from New York, [Mr. HALE,] to which the gentleman from New Jersey [Mr. WRIGHT] has indicated his purpose to move an amendment.

Mr. CONKLING. Will it not be in order for the gentleman from Ohio [Mr. SCHENCK] to submit his motion to reconsider on next Monday, the next legislative day?

Mr. WASHBURNE, of Illinois. I would suggest to the gentleman that he can accomplish his purpose by entering the motion to reconsider to be acted on hereafter.

The next business upon the Speaker's table was an act (S. No. 237) granting a pension to Mrs. Martha Stevens; which was taken up, read a first and second time, and referred to the Committee on Invalid Pensions.

MRS. AMARILLA COOK.

The next business upon the Speaker's table was an act (S. No. 238) granting a pension to Mrs. Amarilla Cook; which was taken up, read a first and second time, and referred to the Committee on Invalid Pensions.

The next business upon the Speaker's table was an act (S. No. 260) granting a pension to Mrs. Emerance Gouler; which was taken up, read a first and second time, and referred to the Committee on Invalid Pensions.

MRS. AGNES W. LAUGHLIN.

The next business upon the Speaker's table was an act (S. No. 241) directing the enrollment of Agnes W. Laughlin, the widow of a deceased soldier, as a pensioner; which was taken up, read a first and second time, and referred to the Committee on Invalid Pensions.

MRS. SARAH E. WILSON.

The next business upon the Speaker's table was an act (S. No. 252) granting a pension to Mrs. Sarah E. Wilson; which was taken up, read

AMERICAN FISHERIES.

The SPEAKER laid before the House the following message from the President of the United States:

To the House of Representatives:

In answer to the resolution of the House of Representatives of the 10th instant, requesting information in regard to the rights and interests of American citizens in the fishing grounds adjacent to the British Provinces, I transmit a report from the Secretary of State, to whom the resolution was referred.

ANDREW JOHNSON. WASHINGTON, April 13, 1866.

The message and accompanying documents were referred to the Committee on Foreign Affairs, and ordered to be printed.

LEAVE OF ABSENCE.

Mr. BOYER asked, and obtained, leave of absence for ten days for his colleague, Mr.

And then, on motion of Mr. DEMING, (at four o'clock and thirty minutes p. m.,) the House adjourned.

PETITIONS, ETC.

The following petitions, &c., were presented under the rule and referred to the appropriate committees: By Mr. ALLISON: The petition of William M. McFarland, and 50 others, citizens of Waukon, Iowa, asking for just and equal laws relating to insurance. Also, the petition of assistant assessors of third district of Iowa, asking additional compensation. By Mr. BARKER: The petition of citizens of Alleghany county, Pennsylvania, asking that additional duties be levied on foreign wool.

Also, the petition of members of the bar of Cambria county, Pennsylvania, asking that the salaries of the district judges of the United States courts may be so as to yield an adequate support.

Also, the petition of citizens of Alleghany county, Pennsylvania, asking that additional duties be levied on foreign wool.

Also, the petition of farmers, mechanics, and working men, of Mifflin county, Pennsylvania, praying Congress to enact such a tariff as will protect the national industry, replenish the Treasury, and develop our national resources.

By Mr. BROMWELL: The petition of citizens of Iroquois and Macon counties, Illinois, praying for the establishment of a national Bureau of Insurance. By Mr. DAWSON: The petition of 36 citizens of Indiana county; Pennsylvania, asking an increase of duty on foreign wool.

By Mr. DENISON: The petition of Bear & Slequiger, Reichard & Walter, Bowkley & Lesley, and others, of Wilkesbarre, Pennsylvania, asking that barley be admitted from the British Provinces and Canada on a tariff not exceeding five cents per bushel.

By Mr. EGGLESTON: The petition of Captain Paulson, praying for compensation for service rendered by his military company during the time of Kirby Smith's raid on Cincinnati.

By Mr. ELIOT: The petition of Sylvester Holmes, Thomas Aspinwall, Charles Hudson, Benjamin Stephenson, and Levi T. Prescott, officers and soldiers of the war of 1812, praying for pensions to the soldiers of that war.

By Mr. FERRY: The memorial of Henry M. Clarke, and 40 others, citizens of Lowell, Michigan, praying for the passage of a law regulating inter-State insur

ances.

By Mr. INGERSOLL: The petition of citizens of Stark county, Illinois, for an increased duty on foreign wool.

Also, the petition of citizens of Stark county, Illi

nois, for a tax on dogs.

By Mr. LAWRENCE, of Pennsylvania: A petition, numerously signed by citizens of Washington county,

Pennsylvania, for an increase of duties on foreign

By Mr. LONGYEAR: The petition of Peter Mulvany, A. C. Robinson, and 150 others, citizens of Calhoun county, Michigan, asking for an increased duty on wool.

By Mr. NIBLACK: The petition of J. P, Elliott, and others, merchants of Evansville, Indiana, praying that steamboats may be allowed to carry powder

under certain restrictions.

By Mr. ROSS: The petition of N. P. Tinsley, and 38 others, of McDonough county, Illinois, in favor of a national Insurance Bureau.

By Mr. UPSON: The petition of S. H. Jennings, Cass Chapman, and 131 others, citizens of Niles, Berrien county, Michigan, praying Congress to pass laws regulating inter-State insurances of all kinds.

By Mr. WELKER: The petition of Chester A. Cooley, and 52 others, wool-growers of Brownhelm township; and Robbins Burall, and 32 others, woolgrowers of Sheffield township, Lorain county, Ohio, asking protection on wool.

By Mr. SPALDING: The petition of M. D. Call, and 450 others, citizens of northern Ohio, mostly woolgrowers, asking for increased protection to wool. By Mr. STEVENS: The petition of female clerks, asking for increase of pay.

Also, the petition of Alonzo Gaston, and 289 others, wool-growers of Lorain county, Ohio. asking protection on wool.

By Mr. WASHBURN, of Massachusetts: The petition of Henry Wilder, and others, trustees of Lancaster Savings Bank, in the ninth Massachusetts district, for a repeal of the tax on deposits in said institutions.

HOUSE OF REPRESENTATIVES.
SATURDAY, April 14, 1866.

The House met at twelve o'clock m. Rev. C. B. BOYNTON, Chaplain of the House, offered the following prayer:

O God! we come before Thee to-day, impressed with a vivid consciousness that we are frail, corrupt, and passing away. Often reminded of the uncertainty of our lives, to-day we have brought before us anew him whom we may justly call the nation's dead, and with whom the dead of the Senate and the dead of this House are thus made to address as again from their graves. O Lord, help us to heed this solemn admonition. The business of life has so frequently of late been interrupted by the solemn memorials and admonitions of death that we should be very unwise if we failed to lay them to heart. And now we pray Thee, O God, that we may profit by these solemn lessons which are brought anew to us here this morning. May we remember how quickly our own lives may and will pass. We cannot tell how many of us ere another year shall roll around will also be called to our account. As those who have been called away have been associated with us in all the concerns of this present life, so we ere long must join them, and be associated with them in all the untried scenes of that eternal world. So may we, O God, number our days here as to apply our hearts unto wisdom, and be prepared to render up our account, as they also have done.

We beseech Thee, O God, that while the nation is reminded of the life as well as the death of our departed Chief, the people may learn to love better than ever the principles which he professed and in defense of which he died. Great God, may all the actions of the different departments of the Government converge upon the great object upon which Thy providences also unite the establishment here of one free and Christian nation, where man shall be recognized as man because he bears the image of his Maker, and where God shall be universally acknowledged. We ask and offer all in Jesus' name, to whom be glory forever. Amen.

On motion of Mr. GARFIELD, the reading of the Journal of yesterday was dispensed with.

Mr. GARFIELD. Mr. Speaker, I desire to move that this House do now adjourn. And before the vote upon that motion is taken I desire to say a few words.

This day, Mr. Speaker, will be sadly memorable so long as this nation shall endure, which God grant may be "till the last syllable of recorded time," when the volume of human history shall be sealed up and delivered to the omnipotent Judge.

In all future time, on the recurrence of this day, I doubt not that the citizens of this Republic will meet in solemn assembly to reflect on the life and character of Abraham Lincoln, and the awful tragic event of April 14, 1865 -an event unparalleled in the history of nations, certainly unparalleled in our own. It is eminently proper that this House should this day place upon its records a memorial of that

event.

The last five years have been marked by wonderful developments of individual character. Thousands of our people before unknown to fame have taken their places in history, crowned with immortal honors. In thousands of humble

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