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in this section the Senator claims, and perhaps | concede that his colleague has studied sufficient that they had considered the question of whether correctly, should be construed in connection for both.

the President should have designated this comwith the first part of the section. That proviso Mr. MCDOUGALL. Ah! the better man of pany or not; that they had considered the ability reads thus: the two, then.

of this company to construct the road ; that they "Anil provided further, That if a railroad shall not

Mr. CONNESS. Now, Mr. President, there had considered the cheapest line of construction be completed to Sioux City across Iowa or Minne- is another fact that appears, so far as the for the Government, and that they had also consota within eighteen months from the date of this Niobrara route is concerned, in the discussions sidered the best route for its construction over.

that were had before the committee, namely, I have no feeling in the premises, but, as I auThe eighteen months have passed and it has that if it were adopted by the order of Con- | thorized the report to be made, I shall vote, of not been done- .

gress for the construction of a Pacific railroad caurse, to sustain that report. If the Senate "then said company designated by the President, as branch, it would make a very long and a very should not adopt it, then I should be willing to aforesaid, may cominence, continue, and complete expensive route to the Treasury of the United || accept the other proposition, that coming from the construction of said branch as contemplated by the provisions of this act.

States before it could connect westwardly the Senator from Iowa.

with the Union Pacific railroad, and that is Mr. McDOUGALL. Mr. President, this is That proviso seems to be inconsistent with

an additional reason why it should not be an opportune occasion for me to make a rethe first part of the provision which I read, | adopted. The time will doubtless come, when mark due to myself and my relations to my and to provide that if within eighteen months

more population gets into that country, that || State. It happened to be the fact that I intro. no road should reach Sioux City from the east branch roads will connect with the main trunk duced the first bill for a Pacific railroad in the the company designated by him should go on

or Union Pacific railroad; but that time, in House of Representatives long years ago. . I and construct this branch. There really ap- iny judgment, is not yet.

was chairman then of that committee. I inpears to be a conflict between the two provis- Now, sir, the question directly before us, and troduced the first carefully prepared bill in this

the cause of the introduction of this measure, body, and was chairman of the committee. I, There are two questions to be considered in is the line located from Sioux City, east of the the voice of the majority governing, after hav. connection with this bill now before us; and Missouri river, and crossing the Missouri river | ing reported and helped to pass the first bill they are separate questious. One is, whether a considerable distance south of Sioux City | that ever did pass in Congress, was superseded the President made a legal designation when he and thence running to Frémont, where it con- by the sober Senator from California. I indesignated this company for the construction of nects, I believe, with the Omaha branch of habited the city of San Francisco, the metrothis branch, and whether if he did not make a

the Pacific railroad. It appears that this lowa | politan city of the Pacific. His antecedent in legal designation it is good policy for Congress | company have deposited the map now before the House resisted the Pacific railroad going now to make that designation or confirm the me, as the plat of their route, in the office of to San Francisco; and my colleague resisted one that he made, and give the building of this

the Secretary of the Interior; and the lands, the Pacific railroad going to the great metrobranch to this company, which I will call the I suppose, have been withdrawn from the || politan city, a place of which Humboldt spoke Iowa company for the purpose of being under: market in accordance with law. I believe that when he traveled along California's mountains stood. The other question relates entirely to the construction of a road over this route and valleys long years ago. This from perroutes; and they are totally distinct.

would be unwise, inasmuch as it runs east- sonal local considerations he did; and I know In regard to the investigations had before ward and not westward, and that this route, as those considerations, and I affirm them now, the Pacific Railroad Committee, I desire to contemplated by the language of the substitute and I do it for my own dignity and for the restate to the Senate that the bulk of what was of the Senator from Iowa, would be set aside. spect I have for the high senatorial office. The said by the advocates of both parties in inter- Certainly the United States are not willing to opportunity has not come before for me to say est related directly to routes, and not to this build a branch of the Pacific railroad from this; but what I say is the perfect truth. He designation, for so far as the designation is con- Sioux City, which shall run eastward, and in did this for personal reasons, not for public. cerned, the Senate have it all here in the two

the length of one hundred miles only make I do not think he understands the dignity of provisions I have read, and are entirely com- five miles of westward distance. The route office. A man may play fantastic tricks so far petent to decide without any discussion; and which the company has adopted, as shown by as he himself is concerned; but when he acso were the committee who had the matter in

the map which has been deposited, is one that cepts office and represents others he must be charge. But upon routes there was a great ought to be set aside. I think, as I suppose careful that he does the full measure of his deal said. Gentlemen connected with Dakota

all right-minded persons think, that the route duty; and it is my impression that he never Territory came before the committee and ad- should be left to engineering. I have no objec. learned to do that." vocated the setting aside the order of the Pres- tion, and never saw any during the discussion, The PRESIDENT pro tempore. The reident, as proposed by the bill of the honorable

to this Iowa company, composed of owners of marks of the Senator of a personal character chairman of the committee, so that they could' || contiguous railroads interested in seeking this are decided to be out of order. come forward and organize a company, alleg- western connection, being the company to Mr. CONNESS. Only because what the ing that they had the most direct westwardly || build the branch. Indeed, my opinion is that Senator has said will be printed in the Globe, route up what is called the Niobrara river, a they are the best able to build it; that com- as I hope it will be every wordbranch of the Missouri. Much was said in mitted to their hands it will be built soonest Mr. MCDOUGALL. Every word. regard to the practicability of constructing a and best, for we have, in addition to the Mr. CONNESS. I hope the Senator will line upon that branch; and I must say here motive of personal interest that they will have now be silent. Only because it will be printed that so far as I am a judge of a mountain coun: in assuming the franchise, the amount of in the Globe do I rise to make any response ; try--and I live in one, and have for years- interest they have in seeking the connection otherwise I never would respond to what my and could construe what was said by the advo. by their other and existing roads. But whether colleague says in the Senate of the United cates of the Niobrara route, my conclusion was, the President had a legal right to designate | States, but what he says goes out in print as and I could not escape from it, that there was them is a question for the Senate to decide. the words of a Senator, and if no notice be no practicable or fair route up the Niobrara. Whether it is well for Congress now to con- taken of it here the public at large cannot but

It was described by themselves as a river firm that designation is a question also for the understand that the object of his animadverwith a very narrow valley-in our country we would call it a cañon-a deep cut in a very

Senate to decide, and I have no advice to give sions deserved those animadversions. The upon these propositions.

Senate will bear me witness to-day, as they hilly country, with precipitous bluffs very gen- When the bill before us was in committee it will since I have been in this body, that I came erally; and a country over which now mule seemed to me not an extravagant thing to rec- here for business, that I have made honest trains travel with considerable difficulty; and ommend that the bill should pass as agreed || endeavors to represent the interests, the best where wagons travel they are compelled in all

on by the committee; in other words, I thought || interests, of the people who honored me by cases, as was stated, I believe, before the com

this company would eventually build the road selecting me as a Senator. The testimony mittee, to take the tops of the ridges, and can- in any case, that they were the company best of the Senate on both sides I have no fear not go up the valley of that river; in other able, organized for the purpose, determined to but that I can receive on that point. That words the river has no valley connected with it. take the franchise, able to go on with the sur- this morning should be selected by him who Then, so far as the Niobrara route is con

veys and demonstrate the best route. I thought || unfortunately represents my State in this august cerned, and so far as it affects the question they would eventually get it in any case. Asto || body, to make a personal attack upon my. now before the Senate, my judgment was and

these other companies spoken of by the Sen- selfis that it cuts no figure in the case, that it is

ator from Michigan, I think none of them are Mr. McDOUGALL. Will the Senator from an impracticable sand-hill region, not profit yet organized.

California allow me to ask him a question? able to construct a branch of the Pacific rail. Mr. HOWARD. They are. road through.

Mr.CONNESS. There are companies organ

The PRESIDENT Pro tempore. Does the Mr. MCDOUGALL. Will the Senator from ized?

Senator give way? California permit me to ask him a question?

Mr. HOWARD. Very responsible compa- Mr. CONNESS. No, sir. Mr. CONNESS. Certainly. nies.

Mr MCDOUGALL. Not for a question ? Mr. McDOUGALL. Has my colleague, the Mr. CONNESS. The Senator from Michi. Mr. CONNESS. No, sir. Senator from California, ever studied any- gan says they are organized, and are very re- The PRESIDENT

pro tempore. The Sena. thing of engineering or mountain countries? || sponsible companies; that had passed my atten- tor's colleague does not give way. I ask an answer.

tion. I do not know but that I have said all Mr. CONNESS. That this assault should Mr. CONNESS. I do not think that has on this subject that I need at this time say. My come this morning while we are engaged in the any relevancy to this subject. If the Senator's ! only purpose in rising was to show that the com duties of our high office in considering a subcolleague has not, he is certainly willing to mittee had fairly and fully considered the case; ject relating to the public weal lying outside of

case.

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the State of California, can only be accounted Mr. McDOUGALL. I am only stating it. word falsehood, Mr. President, against me.
for by the Senator who has made it being in I am trying to get at it carefully so that I may The Senator dare not do that out of this great
that unfortunate condition which has led to so be exact. If I am wrong I have no doubt the || body.
much disgrace to our State.

President will rule right. If the Senator, my Mr. President, I dare not reply, for my senMr. MCDOUGALL. Mr. President, I have colleague, had risen in his place and objected | atorial character is in issue here, to conduct a right to call the Senator to order and to pro- to some things I said, I think he might have so despicable as that is. I dare not respond nounce that a falsehood. I have that right. made a point of order on me.

to it. Of my character for truth and veracity, The PRESIDENT pro tempore. The Sen- Mr. SUMNER. I rise again to a question for honor in the representative character, I ator will state his point of order, but he must of order.

have no comparison to make with him. I state it in parliamentary language; otherwise

Mr. MCDOUGALL. I am on the floor on shrink from the contrast as I would from all the Chair cannot entertain any motion from a point of order.

the pollution that hell could vomit forth in ita the Senator. Does he make a point of order Mr. SUMNER. The Senator is arguing a most disgusting convulsions. I have no con. on what the Senator [Mr. Conness] says? If

trast to make. 80, he will state his point of order.

Mr. McDOUGALL. I am not. I am ap- Mr. President, with gentleness, with kind. Mr. VICDOUGALL. I will state the point || proaching the statement. Permit me, Mr. ness, with what was due to the senatorial relaof order, then. A man who makes an insult- Chairman of the Committee on Foreign Rela- tion, notwithstanding the provocations in every ing remark on the floor of the Senate, if it is tions, to make my statement. If a person says point of view-I would at any time since I a false remark, may be corrected by the state- a thing on the floor of the Senate that undigni- || have sat here have sacrificed them all before ment of the term "falsehood,” which is parlia- fies a Senator he has the right to rebuke it by the high and imperious duty of vindicating mentary; it is so in Great Britain and so in the proper terms. That is the point of order, and this ceat American forum and have cast a United States. I desire to pronounce that a so it has been ruled in Parliament, and so it vote upon any day for the expulsion of the falsehood, and I am within the rule as it is laid has been ruled in this Senate for fifty years. Senator because of his offenses committed down.

That is the point of order. That is all I want here again and again against the dignity of The PRESIDENT pro tempore. The Sen- to state, so that the President will understand this body; but, sir, I could not lead in such a ator from California (Mr. Conness] will pro- that I have the privilege to rebuke a false asser- work-the Senate has spared him ; but forgetceed. tion, it being personal to myself.

ful of this consideration in his behalf, he has Mr. CONNESS. Mr. President, I hope I The PRESIDENT pro tempore. The Chair | repeated again and again these outrages and shall be protected from these interruptions in does not understand that what the Senator now violations of order and decorum and dignity what I shall have to say in future. states is a point of order.

until forbearance has ceased to be a virtue. The PRESIDENT pro tempore. The Chair Mr. McDOUGALL. It is a point of order. The Senate have constantly done themselves will endeavor to enforce the rules of the body. It is my right to have such an assertion cor- and the country a wrong. It was not enough Mr. CONNESS. I ask the indulgence of rected whenever I ask a correction.

that this great body of which he became a the reporter, else the remarks that I have made The PRESIDENT pro tempore. The Chair member had by unanimity concluded that he and what I wish to make will necessarily lack understood the Senator from California on the should not be permitted longer to sit in its coherency. I was saying, sir, that the assault || right [Mr. McDougall] to deny the truth of committees to consider legislative questions. both in time and in character made by the Sen- some assertions made by the Senator from Cali- That silent but most positive condemnation, so ator would not have been made on this occa- fornia on the left, (Mr. CoxNESS.] The Chair far from bringing reformation and change, has sion were he not in the condition which has does not think that a point of order.

but sunk and degraded the object still more,

until having no character to lose, nothingin conso often led to public shame in this august not understand me. I think the Chair did not troversy, he rises and commits the last offense body.

understand the remarks of the Senator from this morning. Mr. McDOUGALL. Again

California, (Mr. Conness.] There is the point. Mr. JOHNSON. The honorable member The PRESIDENT pro tempore. The Sen- The Senator from California, my colleague, from Californiaator must observe order.

made a remark that was personal to myself, The PRESIDENT pro tempore. Does the Mr. McDOUGALL. Again I call the Sen- not an opinion or a matter of discussion. Senator from California yield the floor? ator to order, and again I say

The PRESIDENT pro tempore. The Sen- Mr. JOHNSON. The honorable member Mr. CONNESS. I hope the Chair will keep | ator from California (Mr. Conness) will pro- from California will permit me to interrupt him order.

ceed. The Chair perceives no point of order for a moment? The PRESIDENT pro tempore. The Sen. in the matter stated.

Mr. CONNESS. Certainly. ator's undertaking to pronounce what his col: Mr. CONNESS. If my purpose had ever Mr. JOHNSON. As far as any necessary league states to be untrue is not a point of been at any time, or if I ever could entertain | vindication of his character is concerned, I suborder; and the Senator must not interrupt. the purpose, which I never have, to reflect upon mit to the honorable Senator whether he has He will have his opportunity to reply if any my colleague, the Senator in this body, it were not gone far enough. misstatement is made.

entirely unnecessary; the conduct of the Sen- Mr. CONNESS. I was about to close. Mr. MCDOUGALL. Will the President ator here furnishes the most severe reflection Mr. JOHNSON. And I am sureallow me to state what I think to be the true that could possibly be uttered by human tongue. Mr. MCDOUGALL. Permit me a remark. rule?

The Senator, as I have once taken occasion to The PRESIDENT pro tempore. The Sen. The PRESIDENT pro tempore. If the Sen- state in defense of my State, does not repre- ator from Maryland has the floor by consent of ator makes a point of order, the Chair will sent the State of California in any sense, either the Senator from California. entertain the point of order. The Senator | political or moral. The Senator was enfran- Mr. MCDOUGALL. I ask him to permit me from California on the left of the Chair [Mr. || chised with the senatorial office by that great

a remarkConxess] has the floor and must not be inter- State five years ago, since which time the Sen- Mr. JOHNSON. I will not. rupted unless he is called to order.

ator has never returned to see his constituents The PRESIDENT pro tempore. The SenMr. McDOUGALL. The point of order I or that they might see him; and yet I have ator from Maryland does not give way and will state. It is not

been put to the constant test in this body of must núi be interrupted. Mr. SUUNER. I rise to a question of || bearing and submitting-feeling proud of the Mr. JOHNSON. I am sure that it would be order. I submit that the Senator must not be people I represent here-to the assumptions || agreeable to the Senate, and to all who hold in allowed to proceed. He must make his point of representation of them made by that Sena- || respect the character of the body, that a disof order and then take his seat.

tor. I have borne it, sir; I have sat in my cussion like this should terminate. Mr. McDOUGALL. I have the floor, hav- | place when that Senator, so far from repre- Mr. CONNESS. Mír. President, I beg to say ing risen to state a point of order. Not having senting that high-toned, moral, and courageous to the Senator from Maryland, to the honorastated the point of order, I still have the floor. | constituency and great sovereignty, was sitting || ble President, and to the Senate, that I feel as

The PRESIDENT pro tempore. The Sen- in his chair, or rather lying in his chair, the deeply as any human being can feel the pain of ator from California rose to a point of order | object of pity, before an audience assembled this whole proceeding; but I began by remarkand has not stated it. The Chair entertains here from nearly every State in the Union. I ing that what is said in this Chamber goes out his motion only on the ground that he is stating have covered my eyes more than once in shame as the record of this great body, and, so far as his point of order.

before these exhibits. My associates in this the public at large and outside readers are con. Mr. MCDOUGALL. I wish to state what I body must not understand that I am dead to | cerned, we are all equal here; and therefore, think to be the rule, which is, as far as I have considerations of this character, but, sir, silently provoked again and again, I cannot, either for been instructed about parliamentary law, that and quietly, kindly even to him, I was biding myself or for the State that I in part endeavor a person speaking personally, as the Senator, the time when the Senator, by the termination to represent here, be silent longer. If I have, my colleague

of his official career, should cease thus to mis- Mr. President, by manner, by word, or by inMr. CONNESS. Mr. President, I believe | represent, thus to humiliate, and thus to shed opportune occasion offended the Senate, or any I am entitled to the floor. I object to this. If all the disgrace that was possible in him to do Senator, certainly there is no person to whom the Senator has a point of order to make, I upon not only the State that honored him and it would communicate more pain than myself, hope he will be made to state it.

enfranchised him, but upon the American char- and there is none who would withdraw any The PRESIDENT pro tempore. That is acter and upon the American Senate. But, offense committed either to an individual or to the object of the Chair. The Senator [Mr. || sir, I cannot bear it this morning, in view of the body where I was than myself. I am done, McDougall) is stating his point of order as the wanton, unprovoked assault made upon Mr. President. the Chair understands. If he is not stating a | myself.

Mr. McDOUGALL. I shall be more respectpoint of order he is clearly out of order.

The Senator rises here and bandies tho ful; I will not speak of the sobe" Senator

or not.

from California;'' I will speak of the superb to the floor, but I desire to call the attention company, taken in connection with the general Senator with the superior voice. There is a of the Senator to a fact, it he has no objection. act, should set forth the conditions and times little story told of one of the best men in Amer- That fact is that the question under considera- on which the stock of the company is to be paid ica-Mr. Pettigru, of Charleston, South Caro- tion is in regard to this Pacific railroad bill. in-a very important provision as I regard itlina. Having advocated a cause in which be Mr. McDOUGALL. But this is a personal the object of the statute being to require the had occasion to denounce the client of the controversy, and I wish to state the controversy actual payment in, at certain times to be fixed opposite counsel and his family for having as it is. Permit me to proceed. I shall not by the articles of association, of the capital of been guilty of perjury, the fighting man of the take three minutes. I want to state the cause the company. The Sioux City company, in their family came from the mountains, which are a why.

articles of association, seem to have overlooked branch of the Alleghanies in that region, and

The convention met four days thereafter. i that very important clause in the general statcame up to Mr. Pettigrii, who was walking was well advised that the person who had vol- ute of Iowa, and in their articles they say: along in the old-fashioned style, with his green unteered El Dorado to me had become my

“The capital stock of said company shall be bag under his arm. This big, tall fellow came adversary. He came to the convention with $6,000,000, which shall be divided into shares of $100 up and said to him, “You are a God damned his followers. He did not call upon me, but

each, and may be taken by individuals and corpo

rations, to be paid in such installments as said comliar." Mr. Pettigru did not notice it. Then cast his vote against me. I was not troubled,

pany may require, and undersuch rules, regulations, said he, “You are a damned scoundrel." Mr. because I was advised; I was forewarned and and restrictions as may be provided by the board of

directors." Pettigru did not pretend to see him at all, but forearmed. After I was nominated on the first walked along toward home, like a gentleman. ballot, by a handsome majority, he came to me Leaving the whole matter of the payment of ."Mr. Pettigru,'' said he, then, “you are a and said, “I congratulate you, sir, as a Rep: stock by the stockholders discretionary with the God damned son of a bitch."

resentative from the State of California." Said board of directors, who may call it in or omit The PRESIDENT pro tempore. The Chair I, “Sir, I do not know how well you can con- to call it in, as they choose. They may call it in thinks the repetition of such stories is disor- | gratulate me, or how well you can afford to at one time or another time, as they may choose. derly, and ought not to be indulged in in the offer me your hand. You had given me the There being no time fixed in the articles of Senate.

assurances of support, and you made a speech || association for calling in the capital stock, it Mr. McDOUGALL. Very well, then, I will against the person who seconded my nomina- | would seem that if the board of directors were give the climax of the thing, which I think tion, and cast your vote against me. You have so disposed, they might omit entirely to require will not be rude, because it was done by a gen- a right to change your opinions, and I not being the payment of any cash capital by any stocktleman. When he said this, Mr. Pettigru || informed of the reason why you cast your vote holder of the company, which certainly, as I knocked him down, and said to him, “You against me, must say that to me, without infor- || think, would be a violation of the general act may lie as much as you please, but this is the mation, it looks much like treachery. Permit of Iowa to which I have referred. Whether way I notice such remarks as you made last.”' me to inquire, if you had a cause, why you did they could construct this road out of the subNow, I say simply, as these are lies, they do not give me the explanation, and inform me, sidy and the lands, I do not know; but I must not undignify me, for I am conscious of my || first, that you had changed your opinion, and confess, looking at the articles of association, own rectitude.

secondly, the reason why." "Oh," said he, “ I it appears to me very much as if that were their Now, let me pursue this matter one step fur: found out that you are too much of a southern purpose, not intending on their part to make ther. I am not going to be disorderly. I will man for me;" and he cast his vote for a man any very liberal contributions in cash. give what is due to myself and to the other who had sent a circular around for establishing Alr. GRIMES. I hardly suppose that the Senator from California. In the year 1852 I slavery in California.

Senate is prepared to sit as a court of appeals determined to be a candidate for the Federal Sir, those men who have wronged you once, to decide whether or not corporations created Congress a few days before the convention of and know they have wronged you, will always by the State of lowa under their laws are valid my party met, when my colleague, the other be your adversaries. I do not speak otherwise

All that I have to say in reply to the Senator from California, professed to be of the than as can be interpreted by the Senator across Senator from Michigan is, that I know several same party with myself. After notifying my the way.

of the persons who are connected with this friends at home in San Francisco, I took

Mr. HENDRICKS. If it is not the desire

company. I know that they are very pure vessel and went to Sacramento, the seat of of Senators to have a vote on the bill which is men, very able men, and are capable of buildgovernment. I arrived there after midnight, | immediately before the Senate, I will move its ing ihe road; and I think that they probably and early in the morning I arose to see my postponement with a view to take up the bill are as well qualified to discharge this duty as friends there and notify them of the fact that I that was under consideration the other day for the gentlemen who compose the adverse comwould be a candidate for their suffrages. What the relief of certain contractors for the con- pany, with the members of which I suppose happened then is the basis of all this. I walked struction of vessels-of-war and steam machin- the Senator is familiar, for I believe they are down stairs, and at the door of the hotel I ery, and upon which I was submitting some generally from the town in which he has his found a Senator of my State whom I knew well remarks to the Senate at the time an adjourn- residence. I have no doubt the persons who and who liad invited me to be a candidate. I ment took place. If Senators think we can are seeking to get the control of this road in said to hin, “ Captain Walton, I have changed reach a vote on this bill to-day--I desire a vote opposition to the company to which the grant my mind since I saw you." The Senator had upon it-I shall not interpose the motion. was made by the President are all very reinvited me with great earnestness, had spent

Mr. HOWARD. I think we can soon come spectable people; but the charter, as I supsome days in inducing me to become a candi- to a vote.

pose,

and have believed, and am informed, is date for the Federal House of Representatives. Mr. DOOLITTLE. I suggest, inasmuch as in strict accordance with the laws of the State Said I, “I have changed my mind; I have an important amendment has been offered by l of Iowa. determined to become a candidate." Hesaid the Senator from Iowa, that the bill had better Mr. HOWARD. It was not my intention to me, calling me General,'' which was my go over and let that amendment be printed. to sit as a judge upon the question whether soubriquet, "I regret it; you know how ear- Mr. HOWARD. I will not object to that. this Sioux City company is legally incorporated nestly I urged you to become a candidate, and But I beg leave to make one single remark

That was the furthest possible thing after leaving you I immediately went to the before the subject passes over this morning. from my mind. I felt it a duty, however, to city of Stockton and offered my support to It was observed by the Senator from Califor- call the attention of the Senate to this imporMajor Hammond," who had then been Speaker || nia, [Mr. Coxness,] that he supposed the lands tant fact, and it will lave such weight as Senof the House of Representatives of the State. on the route marked upon the map which I ators choose to give it. Said I, Certainly, I remember your kindness, have furnished had been withheld from the As to the other company to which the Senaand under the circumstances I cannot ask market for the benefit of the company. In tor alluded, I have only knowledge of but one your support." A man was introduced to me that respect I think the honorable Senator has or two members of it. Very few, however, of at that time by Captain Walton whom I ad- been misinformed.

the members of the company to which the Sendressed with the cordiality that belongs to

Mr. CONNESS. I rather asked it as a ques- ator refers, reside at Detroit; and as to those, western habits. He said, “Captain Walton tion.

I can assure the Senator that they are gentledoes not own all the county of El Dorado; I Mr. HOWARD. Such is not the fact. The men of the highest responsibility and untarhave as much to say about that as he has, and lands upon the route marked upon the map nished honesty and honor as business men I am going there this morning by stage. In the have not been reserved at the Department of men who would delight in exercising the priv. county of El Dorado you are more highly re- the Interior, as I have been informed, and I ilege of carrying through this important work garded, and with proper opportunities you think that the company have made no progress as expeditiously as possible; men who would can obtain our suffrages, and I will see that whatever in regard to this road. Whetber they || be sure to accomplish their object. As to the you are properly represented."

The man

have made an actual survey of the route marked character of the stockholders of the Sioux being a stranger to me, that being the first down on the map is more than I am able to City company, I know much less of them than opportunity of his coming within my vision, I say. I apprehend, however, that they have not. the honorable Senator from Iowa does. I predid not rely on that, and sent to El Dorado, Possibly they may have surveyed a portion of sume, however, they are all excellent business one of the principal counties of my State. After the route, but I apprehend they have not sur- men-men of responsibility. I have been so having advised my friends that I was a candi- veyed it all.

told; but I cannot, just at this point, suppress date, I returned to the city of Benicia, where In this connection I beg leave to be indulged the fact appearing before us in public docuthe convention was held.

in one further remark : the statute of Iowa ments now on our tables, that three of the Mr. DOOLITTLE. Mr. President

anthorizing the establishment of corporations | stockholders, three of the members of the Mr. McDOUGALL. I would desire to con: of this description, which are called in the stat- board of directors of that company, are memclude my sentence; I have not completed it. ute "associations,” requires that the articles bers of the present Congress-members of the

Mr. DOOLITTLE. The Senator is entitled ll of association which stand as the charter of the House of Representatives. I think it proper

or not.

ENROLLED BILL SIGNED.

to state that fact for the information of the Senate, if he would let that bill come up instead Senate.

of the one to which he alludes. Mr. GRIMES. I desire to say in response

The message further announced that the

Mr. HENDRICKS. I do not wish to occupy Speaker of the House of Representatives had to that that the Senator is mistaken. I believe the time of the Senate but briefly.

signed the following enrolled bills; which were that one of the members of the House of Rep- Mr. CLARK. Of course, if the Senator thereupon signed by the President pro tempore: rezentatives of my State assisted in forining the desires to occupy it at all, I will not interpose A bill (H. R. No. 122) making appropriacompany, but when the company was formed another motion.

tions for the nasal service for the year ending he ceased to have any connection with the road. Mr. HENDRICKS. I understand that the | 30th of June, 1867; I think that one member of Congress is one of Senator from Iowa, the chairman of the Comthe members of this company. I do not know

A bill (H. R. No. 218) for the relief of Charles mittee on Naval Affairs, will perhaps offer some

Youly; that there is any particular impropriety in that. amendments which may remove all objection A bill (II. R. No. 261) granting a pension to I do not know that it is any inore improper than to the bill I have named, and it need not Mrs. Aitazera L. Willcox, of Chenango county, it is for the Senator's constituent, who holds an occupy very much time if he takes that course. in the State of New York; ofice in the Territory of Dakota, to be a lobby The PRESIDENT pro tempore. It is moved A bill (H. R. No. 266) granting a pension to member about this body, as he has been ever that the further consideration of the bill now since this session of Congress commenced, for

Mrs. Isabella Fogg, of the State of Maine;

before the Senate be postponed, and that the A bill (H. R. No. 267) granting a pension the purpose of securing this grant to the adverse amendment ofl'ered by the Senator from Iowa to Virginia K. V. Moore; company, of which he is a member. I simply || be printed, and that the Senate proceed to the A bill (H. R. No. 268) for the relief of desire to repeltheinference that might be drawn consideration of the bill made by the Senator Albert Nevins; from the reinarks of the Serator from Michigan froin Indiana.

A bill (II. R. No. 443) granting a pension that there was anything improper on the part Mr. HOWARD. If the bill now before the

to Mr. Elizabeth York, widow of Shubal York, of these gentlemen who were members.of the Senate is to be postponed, I beg to suggest that late a surgeon in the fifty-fourth regiment NliHouse of Representatives. One of them I think it be postponed until to-morrow at one o'clock. nois infantry volunteers; is a very worthy member from the State of Mas- Mr. CLARK. Oh, no; do not assign a day A bill (II. R. No. 444) granting a pension sachusetts, as good a man, as pure a man, and for it.

to Lewis W. Dictrich; and as competent a man, according to my knowl- Mr. WADE. I hope there will be no assign- A bill (H. R. No. 446) for the relief of edge of him-and I think that is the opinion ments that will prevent me from calling up a Nicholas Hibner, late a private in the sixth held of him by his own constituents and by the bill which, if it is to be passed upon at all, regiment Missouri State militia: people of that Commonwealth-as ever had a ought to be acted upon very soon. seat in the Halls of Congress; and I can make Mr. SUMNER. What is that?

LIQUOR IN THE CAPITOL. the same remark, with perfect propriety and Mr. WADE. The bill to incorporate the The Senate proceeded to consider the mestruth, in regard to my colleague of the House District of Columbia Canaland Sewerage Com- sage from the House of Representatives askof Representatives. "I do not know with what pany. If it is to be passed at all, it should be ing for a conference on the disagreeing votes purpose it was that the Senator from Michigan passed at once. I intended to call it up this

of the two Houses on the amendments of the saw fit to drag in the names of these gentlemen inorning, but this bill got ahead of me. I think House of Representatives to the resolution proand pìt them upon the record here. I can only this bill ought to be considered and passed at hibiting the sale of spirituous liquors in the say, whatever that motive may have been, that, the earliest moment, and I should be glad if Capitol building or grounds, disagreed to by in the estimation of their friends, nothing that the Senate would agree to take it up now.

the Senate and insisted on by the House. be can say can injure them.

Mr. SUMNER. Why not go on with the

Mr. SHERMAN. In the absence of the gen. Mr. HOWARD. Certainly it was not my business before us and finish it this afternoon? | tleman [Mr. Wilsox] who introduced the respurpose to introduce the names, and I have Mr. HOWARD. I inferred from what the lolution, and for him, although without authornot introduced the names, of any members of Senator from Indiana said that he desired to ity, I will move that the Senate insist upon its Congress from the State of Iowa as members speak on this bill, and wished it postponed for disagreement to the amendments and agree to of this company. That is ‘not necessary. I that reason.

the conference asked by the House on the disreferred to that fact, however, to account, if Mr. HENDRICKS. Not at all.

agreeing votes of the two IIouses thereon, and possible, for this strenuous opposition which Mr. HOWARD. If that be not the case, I that the President pro tempore appoint the manhas been made, and probably will hereafter be think we had better come to a vote on this bill agers at the conference on the part of the Sen

ate. made, to the passage of the bill now before the without a postponement.

I hope that this will be considered as the Senate. I, like the Senator from Iowa, see no Mr. HENDRICKS. If we could reach a

motion of the Senator from Massachusetts who impropriety in a member of Congress being vote I should not interpose another motion;

introduced the resolution. connected with a railroad company, being a

The motion was agreed to. but I suppose this bill in regard to the Pacific block holder or director; there is certainly noth- railroad will occupy some further time, and I

SARAH E. PICKELL. ing disreputable in that; but that would natu

desire to conclude what I was saying at the Mr. LANE, of Indiana, desiring to move a rally be a circumstance, so far as a member of time of the adjournment the other day, and I reconsideration of the vote indefinitely postponCongress is concerned, inducing one to be tolsuppose that we can then dispose of the bill

ing the bill (H. R. No. 458) granting a pension erally vigilant in regard to his rights and in that I propose to call up in a very short time.

to Saralı E. Pickell, on his motion, it was regard to the rights of his company. That is Mr. ANTHONY. If the Senator from Indi

Ordered, That the Secretary be directed to request all that I intended.

ana was cut off the other day in the middle of the House of Representatives to return to the Senate As to the other gentleman to whom the Senhis speech I do not know why that would not

the bill of the House (No. 458) granting a pension to ator has seen fit to allude--a private gentleman

Sarah E. Pickell, which was indefinitely postponed come up as the unfinished business. I think

by the Senate on the 13th instant. of spotless reputation

he ought to have the privilege of concluding Mr. GRIMÉS. He holds an office in Dakota

CONTRACTORS FOR VESSELS AND MACHINERY. his remarks. Territory.

Mr. HENDRICKS. I supposed it would; The Senate, as in Committee of the Whole, Mr. HOWARD. Yes, sir; I believe he is but I did not want to interrupt other business.

resumed the consideration of the bill (S. No. surveyor of the Territory of Dakota, and has Mr. GRIMES. It was understood a few 220) for the relief of certain contractors for been absent, on leave, for a number of months, 1 minutes ago that this railroad bill would go the construction of vessels-of-war and steam froin bis post of duty, and has spent much of over until to-morrow, and I know that two or

machinery. his time at Washington. What may have been three Senators left the Chamber under that

Mr. HÉNDRICKS. It is not my intention his business entirely, I am unable to say. It impression. I think, therefore, it would be to occupy the attention of the Senate more is true, however, that he is friendly to the pas- well for us to adopt the suggestion of the Sen- than a few moments in the further discussion sage of this bill, as he has a right to be, as ator from Indiana, and let this bill be post

of this bill. At the time of the adjourument every man in Dakota and elsewhere has a right poned until to-morrow.

on Wednesday last I was showing the effect to be. I do not know of any reason in moral- The PRESIDENT pro tempore. The ques

of the action of the Department upon these ity or politics or law that would exclude a gen- tion is on the motion of the Senator from contractors, and was illustrating it by the cases tleman holding a public office from taking an Indiana.

of three other vessels that were constructed by interest in any public measure pending before The motion was agreed to.

Messrs. Secor & Co., the Tecumseh, Mahopac, Congress. I do not know why he should be

and Manhattan, three of the river and harbor ostracized simply because he is a public officer.

monitors. As I said, the contract by Messrs. Mr. HENDRICKS. I move that the fur- A message from the House of Representa- Secor & Co. for the construction of those vesther consideration of this bill be postponed tives, by Mr. McPherson, its Clerk, announced sels was made on the 1st of September, 1862, with a view of taking up the bill for the relief that the House of Representatives had insisted and they were to be completed in six months, of the contractors for building the iron-clads. on its amendments to the concurrent resolution but in fact they were not completed for about

Mr. CLARK. If the Senator from Indiana of the Senate to prohibit the sale of spirituous eighteen months. Now, I wish to show to the desires to address the Senate upon the bill to and other intoxicating liquors about the Cap

Senate how it came that they were not coinwhich he alludes, I, of course, will make no itol building and grounds, disagreed to by the pleted within the time or within a short time objection to that bill coming up, but I desire, Senate, and asked a conference on the disa. after the time limited, and what was the effect if possible, to call up House bill No. 238, with greeing votes of the two Houses thereon, and of that delay in the completion of the vessels regard to the habeas corpus, which was under had appointed Mr. John WESTWontu of Illi- upon the contractors themselves. consideration some days ago, and which is a nois, Mr. HIRAM PRICE of Iowa, and Mr. The contract price for these vessels was conbillof public importance; and I should be glad, SAMUEL J. RANDALI. of Pennsylvania, mana- siderably above a million dollars, and the work if the Senator does not wish to address the gers at the same on its part.

was commenced, I believe, almost immediately

MESSAGE FROM TIIE IIOUSE.

case.

As a

one bill.

00

after the contract was made; but very shortly | modifications of the plan of these vessels caused Mr. CLARK. The disliculty is, this bill takes afterward the superintendent commenced mak- extra work to be required, amounting to above the whole of them together, and we go rather ing changes in the plans of the vessels and in half a million of dollars. That extra work by illustration of the whole case than by an the mode of doing the work. I will show the was paid for by the Department. There is no examination of the individual cases. extent to which the changes were ordered. I claim by these contractors for that. The point Mr. HENDRICKS. That is not exactly the will refer very briefly to some of the evidence is just this: that by requiring so much addi- case, for the reason that the committee, in the that was before the board.

tional work and such a departure from the report made by the Senator from Nevada, [Mr. These contracts, as I have said, were made original plan from time to time, the work could Nye,] have examined each claim and each on the 1st of September. In the latter part not be completed within any reasonable period, of September the first instructions were given, and instead of the vessels being built from the Mr. CLARK. That may be. The committee the drawings of the particular plans, Nos. 2, 1st of September, 1862, to the 1st of March, may have satisfied themselves, but the Senate 6, 5, 8, and 7, signed by Stimers, the general 1863, the work ran through the whole of the may not be satisfied. inspector.

year 1863 and up to March, April, and May, Nr. HENDRICKS. I cannot say that the “On the 9th of October, a second specification was 1864. If Senators will turn to the Sth page of Senate will be satisfied, but the committee have received froin the general inspector which demanded the report they can see the effect of this neces- not asked the Senate to take one or two cases the following changes from the specifications upon which we built."

sary delay, occasioned by the action of the as a matter of illustration. The committee, in.

Government or by the instructions of the gen- their report, have given the particular facts of The changes are given ; the different items; eral inspector, upon the contractors.

each claim. The report does not present these the cost of these changes amounting to a good

part of this report, there is a statement of the cases as a matter of illustration, but gives the many thousands of dollars. The Senate will

advance in the price of labor and material, facts in each case. observe that that was a little more than a month

which is certified to be correct by Admiral Mr. WILLEY. I merely rise to remind the after the contracts were made. Then again

Gregory who had charge of this work. Let us Senator from Indiana that the bill also names on the 14th of October, a month and a half take a few of the items.

each case separate and distinct, just as much after the contracts were made, other changes

This contract was made in September, 1862. so as if there were distinct and separate bills were ordered ; again on the 14th of Novem

It should have been completed in March, 1863, in each case. The committee not only report ber; again on the 19th of November, and the

but was not, and I presume it would not have separately on each vessel, but the bill, although last modifications were very extensive, involv

been completed at that time, even, if no altera- it provides for all of these claims in the same ing a great change in the plan of the work and a great increase of the cost of the vessels. On rendered it impossible to complete this work tions had been required; but the modifications | bill, does so by clauses, separating the claim

of each. the 15th of January other instructions were

until eighteen or .twenty months after the time Mr. CLARK. I understand that perfectly, received, and from time to time thereafter

of the contract. Supposing the vessels had because I have examined the bill somewhat; almost during the entire time of the construction of the vessels. Messrs. Secor & Co., I || following advances in prices would not have been completed by the 1st of March, 1863, the but here are forty-two cases, as the Senator will

see, put in one bill, on which the Senate is to believe, built five vessels in all, two of this

par: occurred to the contractors. In September, pass. We think it enough to pass upon one ticular class, and (upon which they sustained

1862, flange iron was six cents per pound; in claim ; but here we have got forty-two all in such serious loss) they built three vessels, the

March, 1863, it was cight and one fourth cents. Tecumseh, the Mahopac, and Manhattan, river

In September, 1862, common iron was sixty- Mr. WILLEY. and harbor monitors, a very important class | five dollars per ton; in March following it was

Where is the difference

whether we are to have forty-two bills, or have of vessels. The Senate will observe on page

$87 50 per ton-a very considerable advance. but one bill, when we can take up each case, 9 of the report a copy of one of the leiters

Now as to labor: finishers in September, 1862, or each vessel at a time, as we can do in conwritten by Stimers, as general inspector, to the were receiving eighteen cents per hour; insidering this bill, framed as it is? contractors. That letter is dated December

March, 1863, they were receiving twenty-one Mr. CLARK. That is not what we are doing. 22, 1862. It commences thus:

cents per hour--an advance of three cents per Senators are trying to carry the whole bill by * GENERAL INSPECTOR'S OFFICE, hour.

an illustration of a portion of these cases. “TRON-CLAD STEAMERS,

Because of the modifications required by the Mr. HENDRICKS. The committee do not 413 BROADWAY, New York, December 22, 1862. GENTLEMEN: You are probably aware that the

general inspector these vessels were not com- propose to carry the whole bill by illustration, iron-clad steamers Mahopac, Tecumseh, and Man- pleted until the spring of 1864. Now, I ask although in my argument I do not undertake hattan, now in process of construction by you, are, in Senators to observe the increased cost of ma- to examine the particular merits of each partheir general plan, simply a modification of the Passaio class. That the original design emanated from terial and labor running up to that period, and

ticular case.

The report of the committee, Captain Ericsson, the inventor of this system, and I will take the same items. Flange iron in made by the Senator from Nerada, discusses that this office was established by the Government | September, 1862, was six cents per pound; in each case separately, and presents the facts of for the purpose of making and issuing to the various builders of the vessels the detailed working drawings.

May, 1864, it was ten cents. Common iron in each case as fully as the committee were able Thicdesign of Captain Ericsson contemplated thedeck | September, 1862, was sixty-five dollars per ton : to do. But for myself

, I content myself with covered with ono inch thickness of iron. The deck in May, 1864, it was $145, being an advance of giving a few illustrations, as the Senator from planking and much of the side armor of pine wood, and all armor plates to be of fifteen sixtcenths inch

more than one hundred per cent. American Iowa, the other day, selected one or two cases thiek each.

iron in September, 1862, was twenty-six dollars as an illustration, for the purpose of showing “ After this plan left the hand of the designer, there per ton; in May, 1864, it was sixty dollars per that some parties claimed largely, while other was added another inch to the thickness of the deck plating; the pine wood in the deck planks and side

ton, being an advance of more than one hun- | parties did not claim nearly so much. armor was changed to oak; the full thickness of one dred per cent. With regard to labor, finishers Now, Mr. President, upon these three vessels, inch each was demanded for all armor plates; the weight of the boilers was increased fifteen per cent.,

in September, 1862, received eighteen cents as I said, I thought the award of the board was and in some minor respects weight was added to what per hour; in May, 1864, twenty-eight cents per as high perhaps as in any case, and I have sewas originally intended, until, after having in vain hour. Laborers in September, 1862, received | lected them as being as hard a case to satisfy protested against these additions, Captain Ericsson eleven cents per hour, and in May, 1864, twenty- the judgment of the Senate upon as any. I gave notice that he would no longer be responsible for the flotative power of these vessels. I have, there

one cents per hour, an advance of ten cents have selected those three vessels, the Tecumfore, caused the displacement and the weights to be per hour, almost one hundred per cent. Smiths, seh, the Mahopac, and the Manhattan. The carefully calculated, and, to avoid the necessity of

in September, 1862, received nineteen cents award upon each vessel is $119,000, making carrying any ballast to balance the vessels, the calculations extended to balancing the weights equally

per hour, and in May; 1864, thirty cents per above $300,000 upon the three vessels. If it with the displacement. As the result of thesc investi- hour. Carpenters in September, 1862, received shall appear upon a careful examination of the gations, it has been determined to make the follow- eighteen cents, and in May, 1864, twenty-seven allowance made upon those three vessels that ing alterations." cents per hour.

it is right and proper, the Senate will not be so I will not undertake to describe to the Sen- Mr. President, I have referred to the cases uncertain upon claims where the allowance is ate what these alterations amounted to, for I of these three vessels for the purpose of illus- not so large. cannot very well understand them myself, not tration before the Senate. It is impossible Mr. CLARK. If the Senator will permit being a mechanic or engineer; but they were for me to refer to each particular case that is me for a moment, I have not examined the revery important alterations. This was one of provided for in this bill; but I give these three port very carefully, but I find one case where a series of communications from the general vessels for the reason that the allowance made the contractors claimed about seventy-seven inspector to these contractors. This was about by the board to Messrs. Secor & Co. upon thousand dollars, I think, and without showing midway in the period fixed for the completion | these three vessels seemed to me to be as large upon what principle they had gone precisely, of the vessels, and from time to time onward as any in the list of the awards.

or without showing that he was not entitled to alterations were made; so that, as a matter of Mr. CLARK. With reference to that point that sum, this board cut him down by a sort of course, the vessels had not approached com- I desire to say to the Senator that that is one arbitrary rule to the largest allowance they had pletion when the time limited for their comple- of the great objections that I have to the bill, made anybody else, to wit, abouteighteen thoution had expired. Again, on the 18th of June, that the Senator and the Senate cannot consider sand dollars. They took another man's case 1863, very elaborate instructions were given by each case separately by itself. I can conceive as a guide for his, which showed to my mind General Inspector Stimers to the contractors. that there might be very good reason why we that this board did not examine into the subSenators will find that letter on the 10th, 11th, should make an allowance to A or to B on ject very carefully. and 12th pages of the report, and can see by referring to it the extent of the alterations and | delaying the work, when there would be no directly. On these three vessels that I am modifications of the work.

reason for making an allowance to C or to D. speaking of $119,000 was allowed upon cach. Now, sir, what was the effect of it? As I Mr. HENDRICKS. I will speak of that That seemed to be a large allowance, more than said the other day, the entire alterations and || directly.

three hundred thousand dollars upon the three,

accomme of the action or the Government in jest TEN DRICKS. I will speak of that

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