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substitute, borrowed from the Senate bill, and the provision of the House bill which we have reported, is that we propose to provide that, as vacancies occur, the number of these officers shall be reduced, so as to take away one of the colonels, three of the majors, and six of the captains, making a total reduction of ten. Sir, what is the fact in regard to the present number of officers in the commissary department? There are now twenty-nine officers, from the highest to the lowest, in the subsistence department proper of the regular Army. The Senate adopts that number; the House committee adopt that number, legislating nobody out. The Senate proposes that the number shall always continue twenty-nine. The House committee propose that, after the winding up of the business of this war, as vacancies occur, there shall be an omission of one of the colonels, three of the majors, and six of the captains, until the whole number shall be brought down to nine

teen.

How many officers did we have in that department before the war? I hold in my hand the Army Register for 1860. At that time there was one Commissary General, with the rank only of a colonel; there was one assistant commissary general, with the rank of lieutenant colonel; there were two majors and eight captains. Those constituted the whole of the subsistence department-twelve officers in all, and only four of them above the grade of captain. We now have in that department a brigadier general, two colonels, two lieutenant colonels, a number of majors, and a number of captains, the whole number being twenty-nine. This is the force of that department as it now stands upon the Register.

Now, is it necessary to retain twenty-nine officers in that department forever? If twentynine officers will be required two or three years hence, when the business of winding up the operations of this war shall be all over, then the department ought to have more than twentynine officers now. But it is not contended that more than twenty-nine are needed now. General Eaton is satisfied with twenty-nine now; but he wishes that the department shall still embrace twenty-nine officers after all the present pressure of work shall have gone by. There seems to be some inconsistency in this. Either there are too few now, or there will be too many hereafter. There is no escape from this proposition. The adjustment of commissaries' accounts, and the other duties connected with the winding up of the vast business arising out of the war, have thrown a great burden for the next two or three years upon each one of these departments. But, I repeat, there is no escape from the proposition that if twenty-nine officers in that department be sufficient now, as General Eaton admits, then twenty-nine will be too many when this surplus business shall be disposed of.

war.

Before the war, I repeat, the officers in that department were but twelve. During the war the number has been more than doubled, being now twenty-nine. Gentlemen may say this was on account of the war. But the regular Army has not been much increased during the And while this increase from twelve to twenty-nine was going on, five hundred and fourteen commissaries of volunteers were given to that department to help in the work. The gentleman takes no account of these five hundred and fourteen commissaries of volunteers whe have helped to do the increased work consequent upon having millions of men in the field. The five hundred and fourteen that did the work consequent upon the vast army brought into the field, exceeding the old regular Army, are now mustered out or immediately to be mustered out. What is left? Twenty-nine, more than double as many as they had before the war commenced, and that is because of the increase of the Army we propose in this bill.

I say we have too many now. I say their own records prove that. I say that twentynine has been because of the increase of the regular Army, and made necessary by the

increase of business, and as that business decreases you may fall back, not to twelve, but to nineteen.

As I intimated a moment ago, you do not require increase of staff in proportion to increase of line officers. As you increase the Army increase of staff need not be in arithmetical progression at all. Increase of staff, rather, need not be in that exact ratio at all. Increase of line officers must be. As they had twelve before the war, we propose they shall keep twenty-nine now, never to be reduced below nineteen in the new Army we propose to establish.

I see, therefore, no argument in what came from the gentleman, nor any in the communication of General Eaton, except an honest intention, honestly entertained, a mistaken idea of every one of these men that they can never spare an officer after they have once had him.

If they have increased to twenty-nine with five hundred and fourteen volunteers, if you muster out the five hundred and fourteen volunteers they must have the twenty-nine now with increase of the Army. The proposition, therefore, we make is not to cut down the twenty-nine now, but, as the Senate proposes, to leave it as it is, reducing as the business of the war is closed up until you come down to nineteen, but not to go below nineteen, seven more than they ever had before prior to 1861. Mr. WOODBRIDGE. Any one of these officers may be ordered off.

A

Mr. SCHENCK. I admit all that. I admit they may be detailed to business outside, but others may be detailed in their places. man will not be ordered away without having his place supplied. So there is nothing in that.

With nineteen you will probably have one for every brigade in the field when troops are in service and leave the chief and three or four others to assist him. I think the chief with three or four here, and the others at posts and with brigades in the field, are quite enough. If the gentleman doubts that he can test the question upon each part of this proposition instead of a substitute by moving to strike out each one of these particular propositions.

Now, sir, it is proposed that we strike out the section reported by the House committee and substitute something entirely different instead of trying the question on each one of these propositions. And why? Because there is a third objection to the House bill upon which the gentleman is eloquent which he wants to get rid of by his substitute and that is this one in the bill:

And hereafter no graduate of the United States Military Academy, being at the time in the Army of the United States, or having been therein at any time for three years next preceding, shall be eligible to appointment as an officer in the subsistence department.

What led the committee to propose that? Not that these gentlemen were loafers. We never said that, and once for all I desire to say to my friend from Vermont, and to all others, that I believe the subsistence department has been exceedingly well managed all through this

war,

and the officers employed here have done their duty well, whether they came from West Point and had their education there, or were appointed from civil life. That is to create the impression we are making an attack on West Point. No such thing. That we are making an attack upon the subsistence department as loafers. No such thing. I say the subsistence department has done well through all of its officers, and I say none probably have done better than the graduates of West Point in that department,

What, then, do we mean? We mean this: that when we have educated a man for four years at West Point and made him skillful in engineering, gunnery, and general tactics, we do not want him to inspect biscuit and make contracts for beef. The gentleman challenges the world to produce any others who shall equal the glory that has been maintained upon stricken battle-fields by graduates of the Uni

ted States Military Academy. I make no issue with him, but how much they come down from their glory when they depend for a living upon inspecting "sow belly" and "hard tack." That is the point which the gentleman utterly avoids. We have educated these men for something else. Civilians can do that work. Five hundred and fourteen civilians have proved they can do the work, and there is no more necessity for having a man educated at West Point to make him a competent commissary of subsistence than to be a chaplain or paymaster, or to discharge any other duties which require a knowledge of accounts and skill and ability to make contracts, to keep his accounts square, to pay over money received, and make purchases according to his orders in good faith. The very thing that should characterize West Point proves my argument. The more of a soldier you make of every graduate there the more incongruous it is that a man covered all over with glory, the rival of Mars, should condescend to weigh crackers and contract for beef.

Mr. WOODBRIDGE. Why is it not quite as necessary that West Point men should be in the commissary department where they buy beef, as that they should be in the quartermaster's department where they buy horses' tails?

Mr. SCHENCK. I believe the same provision ought to have been made in the section relating to the quartermaster's department. It was thought, however, by the majority of the committee that there were some advantages in a military education in that departmentfor instance, as connected with the transportation of troops, and making corrections-which were not required of paymasters and commissaries of subsistence.

The SPEAKER. The gentleman's time has expired.

Mr. SCHENCK. I hope I may be permitted to go on a moment more.

No objection was made.

Mr. SCHENCK. Now, I hope that gentlemen will see the propriety of the remarks which I am making. They are made in no spirit of opposition to West Point, but rather on behalf of West Point. They are not made with a desire to decry the advantage of a military education. No man can have had anything to do with military affairs without having felt the importance of a good military education in order to do the best service in any line of duty. But the point I make is that it is not necessary to educate these men at the United States Military Academy to perform these particular duties.

Now look at their appointment. As I said before, when the war commenced there were but twelve in the whole subsistence department, and they ran up to twenty-nine. Where did they come from? Out of the whole twelve there was but one man to be found who had no military education, who was fit to go into the subsistence department and make contracts in reference to supplies. There must have been something marvelous in that. And even hẻ was a son of the chief of the department.

The war went on, and continued through 1861, 1862, and 1863, and nobody could get in from civil life. But who did get in? Second lieutenants of artillery. From certain circumstances, which I could explain if I would, the artillery always seem to have a particular hold on the subsistence department through its head on a former occasion, and thus as fast as these young fledglings come from West Point they are called upon to furnish brevet second lieutenants for officers in the subsistence department, and all at once they are made captains.

Mr. HALE. I think the gentleman is laboring under an entire mistake. I think there has never been an instance in the history of the United States Army of a brevet second lieutenant of the artillery being transferred and appointed to the office of commissary of subsistence, with the rank of captain.

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Mr. SCHENCK. Not every officer. I hap pen to know the fact as regards Mr. Sullivan whom I myself sent to West Point. Being a first lieutenant, he was made commissary of subsistence at the beginning of the war, and if he had remained with his battery, good officer as he was, he would probably have become a brigadier or major general of volunteers, or lost his life, instead of which he remained only a captain and commissary of subsistence.

Mr. HALE. He was not made commissary from brevet second lieutenant.

Mr. SCHENCK. No; he was a first lieu

tenant.

Mr. HALE. That was the case with all these men.

Mr. SCHENCK. I may have been mistaken in speaking of the first entry here as brevet second lieutenant; but that does not alter the fact. Here is a case of a second lieutenant of the first artillery who was not graduated until 1851, and two years after that we find him a captain in the commissary department.

Mr. HALE. I know the officer to whom the gentlemen refers, for he comes from my section of country; it is Lieutenant Elderkin. He stood at the head of the list of first lieutenants in his regiment, the first artillery, and had served gallantly and nobly for three years in the field. And from the first lieutenancy in his regiment he was appointed a commissary.

Mr. SCHENCK. That does not alter the principle. Suppose that instead of being second lieutenants, as dated on the list, they went through the intermediate grade of first lieutenant, what then? I say there were artillery offcers who, to get another step in promotion, consented to go into the subsistence department. Now, I find no fault with these young men, and especially not in time of peace, when promotion is slow; but I do say the probability is, that if these men had remained with their batteries, and fought it out during the war, most of them who consented to become captains in the subsistence department would have been at the head of brigades, or divisions, or corps before the war ended. And I say that it is not our policy to educate men, either to be first or second lieutenants or captains, or to hold any other rank in the artillery, infantry, cavalry, or engineers, and then let them become merchants to feed the Army. That is the point that I am making, and that is the point that I would have the gentleman meet, if he can.

a second lieutenant-mark you, all this time not
having resigned his commission as commissary
of volunteers-he was washed with the proper
waters, baptized into the regular Army, and was
then competent to be made a commissary of
subsistence. This little, close corporation made
an excellent officer go through all this farce of
turning common soldier, sergeant, and second
lieutenant while yet a captain and commissary
of volunteers, in order that he might creep into
the subsistence department without that horri-
ble and shocking thing, direct transfer from the
volunteers to merchandising in crackers and
beef, and taking charge of the provisions for
the Army!

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The question was upon the amendment of Mr. SCHENCK.

Mr. SMITH. I desire to make a few remarks in reply to something that was said by the gentleman from Vermont [Mr. WOODBRIDGE] a few minutes ago, not to touch probably directly or indirectly upon the question now before the House.

I understood the gentleman from Vermont to say in the conclusion of his remarks that the entire credit of the successes of the Union Army and the downfall of the rebellion was attributable to those who had graduated at West Point.

Mr. WOODBRIDGE. Will the gentleman from Kentucky [Mr. SMITH] allow me a moment?

Since then they have made some very good appointments from the volunteer service-one recommended by myself, Mr. Crane, who headed the list of ten named for promotion, and had done most gallant service in the field. Another was a gentleman from Pennsylvania, Mr. Penrose, and there have been two or three other Mr. SMITH. When I have concluded my appointments of that kind made since that time. sentence I will. And that almost all the repuBut the objection I make is, that we do not tation that had been earned during the war need to educate men at West Point to make belonged to the men who had received their chaplains of them, or paymasters, or commis- education at that institution. While I give full saries of subsistence, but that they have higher credit to all those who distinguished themselves, and more important duties in the art of war to who came from that Academy, and would not perform, in heading brigades and divisions, and detract in the slightest degree from any one commanding their batteries; and that when we who won laurels on any field at any time, I make them, at great expense and cost of time must be permitted to dissent most emphatically and money, military engineers, artillerists, from any such expressions emanating from any skilled in infantry tactics, and good cavalry-gentleman upon this floor, and going out to the men, it is better and more proper that you should leave open to them staff appointments and other positions among the engineers, the cavalry, the infantry, and the artillery, and that these places of commissaries of subsistence and chaplains and paymasters, which require no more skill and knowledge than is developed at any school in the country or by the business pursuits of life, should be filled up by men who are just as well qualified and will answer every purpose.

I will not stop to argue the question whether the difficulty is that you cannot get gentlemen" if you go outside of West Point, though that was a part of the argument of my friend from Vermont, [Mr. WOODBRIDGE.] I do not want to impeach the gentility of West Point; neither do I wish to impeach the gentility or integrity of the business men of the country who are willing to accept positions of this kind upon proper recommendations and with proper examinations, which they will all have to obtain and undergo. I think they will be found to fill the bill quite as well as if they had been educated on the banks of the Hudson.

If I am

Mr. HALE. If I understand the proper
course of parliamentary proceeding, it is, before
the vote shall be taken upon the substitute, to
submit any amendments which may tend to per-
fect the original section of the bill.
correct in that, and the chairman of the Mili-
tary Committee [Mr. SCHENCK] is now pre-
pared to offer an amendment to obviate the
difficulty in regard to mustering these officers
out of the service. I would be very glad to have
him move it at this time.

Now, sir, I have, said that there was not an
opening until 1863. The door was then thrown
a little ajar; and it was so amusing, on account
of the way in which it was thus thrown ajar,
that I will give you an account of it, subject, of tion nineteen of the bill by adding the following:

course, to correction by my friend from New York, [Mr. HALE.]

There was a commissary of subsistence, a volunteer, in Boston, and a very excellent commissary he was, and has continued to be, and is still. His name is Brigham. He was a commissary of subsistence stationed at Boston, not in the field, and he has remained there, and has got into the regular Army. How did he get into the regular Army? It would not do to put him into the regular Army by direct transfer; for that would have been declaring to the country that it is possible for a man outside of the charmed circle" to get in. What did they do? They required him to enlist as a common goldier in the eleventh infantry of the United States Army, which he did. He was immediately made a non-commissioned officer, and thus rendered eligible to promotion to a seeond lieutenancy, and then, having been made 39TH CONG. 1ST SESS.-No. 134.

Mr. SCHENCK. I will move to amend sec

But nothing in this section shall be construed so as to vacate the commission of any officer now commissioned either as assistant commissary general or commissary of subsistence, but only to change the title to commissary in the cases of those who rank as lieutenant colonels, majors, and captains, without affecting in any way their relative position or the time from which they take such rank.

Mr. CONKLING. For the benefit of those who do not understand this thing better than I do, I would ask how this amendment will leave the subsistence department practically.

Mr. IIALE. I would say to my colleague, [Mr. CONKLING,] that I have one or two other amendments which I propose to move to this section, as soon as the vote is taken upon the amendment moved by the chairman of the Military Committee.

Mr. CONKLING. That is very likely. But I want to know how this amendment is to affect the personnel of the commissary department.

country.

I will now yield a moment to the gentleman from Vermont..

Mr. WOODBRIDGE. My friend from Kentucky [Mr. SMITH] most certainly misunderstood me. There probably is not a man in this House who has a higher respect for the volunteer service of the country than I have; there is probably no man who would award them more credit than I would award them. They distinguished themselves with great honor to themselves and to the country; and they certainly did all which human energy and skill and foresight could do to save this country from the ruin which threatened to befall it from the rebellion.

But I did say, and I say it now, because I believe it to be true, not only in this case, but as a principle almost necessarily true in all cases, that the men who achieved the most distinguished military honor were the men who had graduated at West Point. There was Grant, and Sherman, and Sheridan, and McPher

son

Mr. SMITH. And Hancock.

Mr. WOODBRIDGE. Yes, and Hancock, and scores of others whose names I need not mention, who have risen to the very highest rank in the Army, and who really, by reason of their education, did achieve the highest reputation that was achieved in the field and in any of the departments connected with the Army.

Mr. SMITH. Mr. Speaker, my friend from
Vermont has omitted to mention a great many
officers who graduated at West Point.
A MEMBER. McClellan.

Mr. WOODBRIDGE. One of the twelve disciples did not come out all right; and hence you must expect that there shall be once in a while a similar occurrence in modern days.

Mr. SMITH. I do not intend, Mr. Speaker, to disparage in the slightest degree the reputation of any gentleman who graduated at West Point. I do wish, however, to state a fact which I believe to be a matter of history, and which the records of this war will establish for all future time. It is well known to the House and the country that when this war began the regular Army was composed of about five thousand men, rank and file. General Scott, who was not, I believe, a graduate of West Point, was the commander-in-chief. Few of the men who have distinguished themselves in this war were then in the Army. Those of the West Point graduates who stand highest to-day among the distinguished men of this war had at the opening of the war been long away from

that institution, and were most of them engaged in the civil pursuits of life-some in agriculture, some in mercantile business, some in the professions of law, medicine, &c. The man who stands to-day at the head of the Army was, I believe, when the war broke out, a tanner at Galena, Illinois. All right; there is nothing wrong about that.

I wish to call the attention of my friend from Vermont to this additional fact: that when President Lincoln issued his call for seventyfive thousand men to defend the capital of the nation and put down insurrection, those seventy-five thousand men came almost entirely from the civil pursuits of life. They were, almost without exception, men who had never seen West Point; and hundreds and thousands of them perhaps did not know that there was such a place.

I wish to state this further fact: that while there were a large number of the graduates of West Point who went into our Army and distinguished themselves, there were, I am sorry to say, numbers of men trained in that institution who took up arms on the side of the rebellion-men who had been educated in their secession doctrines by reading Rawle on the Constitution.

Mr. WOODBRIDGE. I beg to state that when that call for seventy-five thousand men was issued, the quota of Vermont was led by a graduate of West Point-as gallant a man as ever bore a sword-General Phelps.

Mr. SMITH. Mr. Speaker, the gentleman cannot have any controversy with me about the gallantry of West Pointers; I concede all that. I continue, therefore, the line of remark which I was presenting.

Now, sir, before the expiration of the three months for which those seventy-five thousand men were called out, President Lincoln issued a call for three hundred thousand men, to be enlisted for three years or the war. The volunteers who responded to that call were composed of every description of men. The officers who commanded those men took the raw material into the field. They drilled those men; they worked with them; they fought with them. When the rebellion was at its strongest stage, when the rebel forces in the field numbered one hundred and fifty or two hundred thousand men, well drilled and well equipped, those forces were arrayed on many a well-fought field against our noble army of volunteers, men who had, previous to the war, no military education, but who by thorough drilling and hard work became efficient soldiers, so that they were, it might almost be said, qualified to fight our battles without a commander. Then it was that our volunteers achieved their great victories, and won their great renown. It was then that a large proportion of the volunteer officers were set aside and West Pointers put in their places.

When the war had continued for three years and more, our army of volunteers had been so thoroughly schooled by the actual work of war that they were able to take any fort, to do any fighting, to whip any of the rebel armies "on their own hook," without a commander, for every man was a well-trained soldier. All that was necessary for such an army was the mere form of having a commander.

There was one grand and glorious thing about General Grant, which distinguished him from many of his predecessors. He had a tenacity of purpose which ever prompted him to keep on following the enemy, and to keep on fighting, and to keep on whipping. When a shell exploded upon his front, he did not retire, saying that something had occurred to intimidate him. This untiring persistency of purpose has been one grand cause of General Grant's success.

But, sir, the volunteers of this country have saved it. While you can go over the catalogue of West Pointers who have distinguished themselves, the catalogue of volunteers is much longer and larger and will swell out in history giving to these men a higher, grander, nobler position. Why, this one came from the plow,

this one from the desk, this one from the counting office, this one from the lawyer's office, this one from the medical office. In a little while they proved their efficiency, not only leading regiments and brigades but divisions and corps successfully through the conflict which has but recently ended. Why, sir, where is there a West Pointer who stands higher as a corps commander than Major General John A. Logan? I do not intend to mention a whole lot of men who sit round me in Congress. When did he lose a fight? Where is the State that has not presented volunteers, from privates to major generals, who have shown their ability in the field?'

I have believed in a regular army. I have thought it was well to have a strong army. But, sir, I believed it more before the war than since the war. Before the war we did not anticipate war with all its sorest trials. When it did begin, and when a million men arrayed themselves against the Government, we found two millions and more of volunteers willing to risk their lives to defend the country.

The SPEAKER. The gentleman's time has expired.

Mr. ELDRIDGE. I move that the gentleman have leave to finish his speech.

There was no objection, and it was so ordered.

Mr. SMITH. Mr. Speaker, the record of the volunteers is so bright, so glorious, and so grand, it cannot be destroyed.

I am unwilling to say, because a number of men have come from West Point and distinguished themselves, they should be set up as the only ones who can save the country in time of war. The record of West Point shows that as many men from West Point went into the rebellion as were in our Army. Now, West Point does not make a man brave. West Point does not make a man good. West Point may educate as well as men can be educated. But it does not put fight into him. What does put fight into the American citizen? It is the country, her soil and institutions, which make him a fighter and qualify him for great deeds of daring.

I do not care whether you have five or ten thousand in the regular Army, this country is safe, to use the language of Mr. Seward. I do not care whether Congress passes a bill to increase the Army to seventy-five thousand or rejects it, the country is safe. I do not care whether Congress agrees with the President or the President disagrees with Congress, the country is safe. The great courage, the great intelligence, the great conservatism, and everything grand and good are behind Congress, with the people, and the people will save the country. I have little confidence in anything which belongs to political position, at this time especially. I believe in the faithfulness and integrity of the people.

In conclusion, I would like to say, if this House will only wait until we get the militia bill they will get rid of this great establishment and none the less save the country, when they will have an establishment that will only cost $500,000, while this costs $30,000,000. All you have to do is to rely upon the people, the great defenders of liberty in war as well as in peace.

Mr. NIBLACK. I have reasons which will convince me that it is not the intention of the House to pass this bill at this time. If that be so, we only waste time in considering it section by section. With a view to testing the sense of the House upon this bill I move that its further consideration be postponed to the first Monday of December next.

Mr. FARNSWORTH. I ask leave to introduce a resolution calling on the President for information.

Mr. NIBLACK. I am willing to yield for that purpose.

REPORT OF GENERAL SMITII, ETC.

Mr. FARNSWORTII, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:

Resolved, That the President of the United States

be requested to communicate to this House the report of General Smith and Hon. James T. Brady of their investigations at New Orleans.

ENROLLED BILL SIGNED.

Mr. TROWBRIDGE, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled House bill No. 146, for the relief of Thomas F. Wilson, late United States consul at Bahia, Brazil; when the Speaker signed the same.

RIVER AND HARBOR BILL.

Mr. ELIOT. I give notice that on Monday morning next, after the morning hour, I shall move to discharge the Committee of the Whole from the further consideration of the river and harbor bill, that it may have the action of the House.

BURIAL OF SOLDIERS.

The SPEAKER laid before the House the following message from the President of the United States; which was ordered to be printed, and referred to the Committee on Military Affairs:

To the House of Representatives:

In reply to the resolution of the House of Representatives of the 2d instant, requesting information respecting the collection of the remains of officers and soldiers killed and buried on the various battle-fields about Atlanta, I transmit herewith a report on the subject from the Secretary of War.

ANDREW JOHNSON. WASHINGTON, D. C., April 20, 1866.

REORGANIZATION OF THE ARMY-AGAIN. Mr. NIBLACK. I demand the yeas and nays on my motion to postpone.

Mr. SCHENCK. Is the motion debatable? The SPEAKER. It is, to a limited extent.

FRENCH IN MEXICO.

The SPEAKER laid before the House a message from the President, transmitting, in answer to a resolution of the House of Representatives of the 16th instant requesting information relative to the proposed evacuation of Mexico by French military forces, a report from the Secretary of State with accompany ing documents; which was ordered to be printed and referred to the Committee on Foreign Affairs.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. FORNEY, its Secretary, informed the House that the Senate had passed House bill No. 472, for the relief of George B. Frank, late captain of the third regiment Wisconsin volunteers.

Also, House bill No. 197, to provide for the better organization of the pay department of the Navy, with amendments, in which the concurrence of the House was requested.

Also, Senate bill No. 215, concerning certain lands granted to the State of Nevada. Also, Senate bill No. 276, for the relief of Jerusha Witter.

Also, Senate bill No. 231, for the relief of William Pierce, in which the concurrence of the House was requested.

REVENUE ASSESSORS.

Mr. MILLER, by unanimous consent, introduced a bill to allow United States revenue assessors to appoint deputies; which was read a first and second time.

Mr. WASHBURNE, of Illinois. I call for the reading of the bill in full.

The bill was read. It authorizes United States assessors to appoint deputies in the same manner as collectors of revenue.

The bill was referred to the Committee of Ways and Means.

Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

DUTIES ON IMPORTS.

Mr. KETCHAM. I ask unanimous consent to introduce a bill to increase temporarily the duties on imports.

Mr. WASHBURNE, of Illinois, objected, but subsequently withdrew his objection. Mr. ALLISON renewed it.

INTERNAL REVENUE FRAUDS.

Mr. HIGBY. I ask unanimous consent to introduce the following resolution:

Whereas it is alleged in responsible public journals and elsewhere that in the enforcement of the revenue laws at the custom-houses in Boston and New York, and the adjustment of claims for the violation thereof, frauds have been committed upon the United States, and parties involved in said alleged violations; and whereas it is in like manner alleged that similar frauds have been committed in the enforcement of the internal revenue laws, and in the adjustment of claims for the violation thereof in said cities: Therefore,

Resolved, That the Committee on Public Expenditures be instructed to investigate all such alleged frauds, and that for that purpose they be authorized to send for persons and papers, and, if necessary, to sit during the recess of Congress, at such place as they shall deem most economical and efficient, and by such number, not exceeding three, of said committee, as they may deem advisable.

Mr. ROSS. I object.

And then, on motion of Mr. CONKLING, (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 the SPEAKER: The petition of Dr. J. A. Hatch, and others, of Kent Station, Indiana, asking that the preparations of the National Pharmacopoeia, &c., may be placed on the free list.

By Mr. AMES: The petition of Oliver Ames, and others, citizens of Easton, Massachusetts, to secure an education to all the children of the United States.

By Mr. BANKS: The memorial of Major Frank W. Marston, Lieutenant John C. Kinney, Lieutenant Henry C. Davis, Second Lieutenant Myron Adams, and Captain Ernest W. Demick, signal officers, department of the Gulf, engaged in the capture of the rebel war steamers Tennessee, Selma, Gaines, &c., and the forts in Mobile bay, for the passage of a law allowing them a share of prize money, &c.

By Mr. BUNDY: The petition of J. Baker, and 6 others, manufacturers of beer, in Portsmouth, Ohio, for the proper modification of the tariff on barley, so that it may be imported into the United States from Canada,

Also, the petition and certificate of Lieutenant Williams, of Lawrence county, Ohio, for pay for services as an officer in 1861.

By Mr. CONKLING: The remonstrance of citizens of Utica, New York, against judiciary bill.

By Mr. DRIGGS: A communication from Captain W. T. Raynolds, superintendent of lake survey, in reference to the amount to be appropriated for the

same.

Also, the petition of I. N. Wright, J. Thompson, and 2,500 others, citizens of Lake Superior, praying Congress for an increase of duty on foreign copper. Also, the petition of John Prindeville, Orville Olcott, and 75 others, citizens and firms of Chicago, Illinois, praying for an appropriation for the improvement of Eagle harbor, Lake Superior, Michigan.

Also, the petition of D. C. Holley, and 114 others, citizens of Shiawassee county, Michigan, in favor of an increase of duty on foreign wool.

By Mr. EGGLESTON: The memorial and papers in relation to a claim of James M. Leeds, for services rendered the Government as a detective under the orders of General Grant.

Also, the memorial of 60 mercantile firms of Nashville, Tennessee, praying for a modification of the law in regard to the transportation of gunpowder.

By Mr. ELIOT: The petition of Obed Brooks, and others, citizens of Massachusetts, praying for certain changes in the Constitution respecting the election of President and Vice President and the qualifications of electors.

By Mr. FERRY: The memorial of Robert Hopkins, Henry Hitchcock, and 100 others, citizens of Lyons, Michigan, praying that an ad valorem duty be levied on foreign wool.

By Mr. HOLMES: The petition of Edwin L. Gage, and others, citizens of Madison county, New York, for increase of tariff on wool.

By Mr. HULBURD: The petition of D. M. Chapin, and others, citizens of St. Lawrence county, New York, asking the passage of a national insurance

law, &c.

By Mr. JULIAN: The petition of 88 soldiers and sailors, praying an equalization of bounties.

By Mr. KETCHAM: The petition of George Snyder, and others, of Rhinebeck, New York, asking for increased protection on American wool.

By Mr. LAWRENCE, of Pennsylvania: A petition signed by 609 citizens of Lawrence county, Pennsylvania, and also one from Beaver county, Pennsylvania, asking for an increase of duties on foreign wool.

By Mr. LONGYEAR: The remonstrance of S. D. Bingham, and 28 others, citizens of Lansing, Michi

, against an extension of the Amboy, Lansing and Traverse Bay railroad land grant to the company of that name.

By Mr. LYNCH: Resolutions of city council of Portland, Maine, relating to the preservation of iron

clads.

By Mr. MOORHEAD: Two petitions from citizens of Alleghany county, Pennsylvania, asking for an increase of duties upon foreign wool.

By Mr. MORRILL: The petition of Hon. J. R. Cleaveland, and 61 others, citizens of Brookfield, Orange county, Vermont, praying for an increased protection on wool.

Also, the petition of Hiram Barrett, and 85 others, citizens of Stafford, Orange county, Vermont, praying for an increased protection on wool.

Also, the petition of Sewall Bradley, and 63 others, citizens of Sheffield, Caledonia county, Vermont, praying for an increased protection on wool. Also, the petition of Jonathan H. Hart, and 39 others, citizens of Weston, Windsor county, Vermont, praying for an increased protection on wool.

Also, the petition of A. B. Bigby, and 32 others, citizens of Londonderry, Windham county, Vermont, praying for an increased protection on foreign wool. By Mr. RICE of Maine: The petition of William Sparrow, and others, of Maine, asking relief from internal tax on roofing slate.

By Mr. SCHENCK: The petition of quartermaster and commissary sergeants of engineers, for same pay as company sergeants.

By Mr. WARD: The remonstrance of Hon. David Ramsey, and others, leading members of the bar of Steuben county, New York, against the Federal judiciary bill.

By Mr. WELKER: The petition of Asa Eddy, and 72 others, wool-growers of Wayne county, Ohio, asking protection on wool.

IN SENATE.

TUESDAY, April 24, 1866.

Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.

EXECUTIVE COMMUNICATION.

The PRESIDENT pro tempore laid before the Senate a message from the President of the United States, transmitting, in answer to a resolution of the Senate of the 18th instant, a communication from the Secretary of War, covering a copy of the proceedings of a board of officers in relation to brevet appointments in the regular Army; which was ordered to lie on the table, and be printed.

PETITIONS AND MEMORIALS.

The PRESIDENT pro tempore presented the memorial of Dr. Henry Clok, late veterinary surgeon in the United States Army, representing that he has had large experience in the treatment of the disease known as rinderpest, or cattle plague, and that he is in possession of a reliable means of cure, and also of a powerful preventive to the spread of the disease, and tendering his services wherever they may be required in arresting the progress thereof; which was referred to the Committee on Agriculture.

Mr. WILSON presented the petition of Sewall H. Fessenden, and others, who represent that they were the owners of the schooner William Carleton, which, when sailing down the Chesapeake on her way to Sandwich, Massachusetts, with a cargo of coal, was run into by the United States steam ram Stonewall and destroyed, and praying for compensation for the loss sustained by the destruction of the vessel; which was referred to the Committee on Claims.

Mr. SUMNER. I present the petition and memorial of citizens of the United States and of the State of Pennsylvania, representing literary and learned societies of that State, in which they set forth that it is desirable that every reasonable facility be furnished to the several historical societies and public libraries of the United States to enable them to increase the number of their books, pamphlets, and historical papers; that the present law which requires the person who sends documents and papers to such societies to prepay the postage, tends greatly to diminish donations; and that many of the papers and documents referred to, although of an ephemeral character, are yet important as historical memorials, and should be preserved. These petitioners, therefore, pray Congress to modify the existing laws, so as to permit postage on papers, documents, and books forwarded to the societies above named to be paid on delivery; and they further pray that the present rate of postage charged on such papers and documents be reduced fifty per cent. below the present charges to such societies.

This petition and memorial, as it is called, is signed by J. Francis Fisher, president of the Philadelphia Athenæum; T. Morris Perot, president of the Mercantile Library Company

of Philadelphia; W. E. Whitman, secretary of the Library Company of Philadelphia; Howard Malcolm, president of the Baptist Historical Society; Joseph R. Ingersoll, president of the Historical Society of Pennsylvania, and several others. I move its reference to the Committee on Post Offices and Post Roads. The motion was agreed to.

Mr. HOWARD presented the petition of Mrs. Jane D. Brent, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. CHANDLER presented a petition of citizens of Michigan, praying for a reduction of the tax on stoves; which was referred to the Committee on Finance.

He also presented a petition of citizens of Michigan, praying for a grant of land for the construction of a railroad from Saginaw to some point on Lake Michigan, in the direction of Bay de Noquette and in the Grand Traverse region; which was referred to the Committee on Public Lands.

Mr. LANE, of Indiana, presented the petition of William A. Phillips, late commanding officer of the Indian brigade, and others, praying for a bounty for the men of the first, second, and third Indian regiments, under the act of July 22, 1861; which was referred to the Committee on Military Affairs and the Militia.

Mr.MORGAN presented the petition of the Bishop Gutta Percha Company, of the city of New York, praying for an increase of the duty on all manufactured insulated telegraphic or electric wires or cables used for telegraphic or other purposes; which was referred to the Committee on Finance.

Mr. COWAN presented the petition of J. A. Boyer, Andrew Robinson, and others, and the petition of Henry Jordan, John Sherrick, and others, of Westmoreland county, Pennsylvania, and the petition of J. B. Finlay, John Pennsylvania, praying for an increase of the W. Roney, and others, of Armstrong county, duty on imported wool; which were referred to the Committee on Finance.

He also presented the petition of Massey, Collins & Co., Thomas J. Martin, and others, brewers of Philadelphia, Pennsylvania, prayimported from Canada and the other British ing for a reduction of the duty on barley Provinces in North America; which was referred to the Committee on Finance.

PAPERS WITHDRAWN AND REFERRED. On motion of Mr. CLARK, it was.

Ordered, That the memorial of Margaret A. Laurie, praying for compensation for property destroyed by the United States forces in the District of Columbia, be taken from the files of the Senate and referred to the Committee on Claims.

REPORTS OF COMMITTEES.

Mr. SHERMAN, from the Committee on Finance, to whom was referred the bill (H. R. No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1867, and for other purposes, reported it with amend

ments.

He also, from the same committee, to whom was referred the bill (H. R. No. 397) to authorize the coinage of five-cent pieces, reported it without amendment.

Mr. CHANDLER, from the Committee on Commerce, to whom was referred the bill (S. No. 196) to extend the port of entry of the collection district of the State of Oregon, reported it with an amendment.

Mr. CLARK, from the Committee on Claims, to whom was referred the petition of George Mack, and others, enlisted men of company G, eighth regiment United States Veteran volunteers, praying for the payment of bounty due to them which was lost through the carelessness or fraud of a Government officer, submitted an adverse report thereon; which was ordered to be printed.

Mr. POMEROY. I ask leave to introduce a joint resolution to go with that report in the case of George Mack, and others, and that it be printed, so that when the subject comes up

for consideration I can move this joint resolution as a substitute for the resolution of the committee.

There being no objection, leave was granted to introduce a joint resolution (S. R. No. 72) for the relief of George Mack, and twenty-four others; which was read twice by its title, and ordered to be printed.

INTERIOR DEPARTMENT CLERKS.

Mr. SHERMAN. I am directed by the Committee on Finance to report a bill to reorganize the clerical force of the Department of the Interior, and for other purposes. This bill was framed by the Interior Department, and the Committee on Finance are of opinion that they ought not to consider it, because it does not fall within their appropriate duties, but that they thought the subject was of sufficient importance to have the matter referred to a select committee to be composed of the chairmen or representatives of the various committees of this body having charge of the respective bureaus of the Interior Department.. If such be the pleasure of the Senate, I ask that the bill be read twice, and referred to a select committee.

The bill (S. No. 282) to reorganize the clerical force of the Department of the Interior, and for other purposes, was read twice by its title.

Mr. SHERMAN. I move that this bill be referred to a select committee of five members; and I make the suggestion, simply on behalf of the Committee on Finance, that the select committee be composed of the chairmen of the several Committees on Indian Affairs, Public Lands, Pensions, Patents, and Printing. These subjects are all referred to in the bill."

The PRESIDENT pro tempore. It is moved that the bill be referred to a select committee consisting of the gentlemen named by the Senator from Ohio.

The motion was agreed to; and Messrs. DooLITTLE, POMEROY, ANTHONY, LANE of Indiana, and COWAN, constitute the select committee.

PRINTING APPROPRIATIONS.

Mr. SHERMAN. The Committee on Finance, to whom was referred the bill (H. R. No. 500) making appropriations to supply deficiency in the appropriation for the public printing for the fiscal year ending June 30, 1866, have instructed me to report it back without amendment, and as we are informed by the gentleman at the head of the Printing Bureau that the money is immediately needed to pay current expenses of public printing, I ask for the present consideration of the bill.

By unanimous consent, the bill was considered as in Committee of the Whole.

It appropriates, to supply deficiencies for the fiscal year ending June 30, 1866, for the public printing, $115,000; for paper for the public printing, $450,000; for the public binding, $95,000. It also proposes to empower the Superintendent of the Public Printing to employ an additional clerk, of class four.

The bill was reported to the Senate, ordered to a third reading, read the third time, and passed.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. LLOYD, Chief Clerk, announced that the House had passed a joint resolution (H. R. No. 116) to prevent the introduction of the cholera into the ports of the United States, in which the concurrence of the Senate was requested.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House of Representatives had signed the following enrolled bills; which were thereupon signed by the President pro tempore:

A bill (S. No. 146) for the relief of Thomas F. Wilson, late United States consul at Bahia, Brazil;

A bill (H. R. No. 472) for the relief of George R. Frank, late captain thirty-third regimen, Wisconsin volunteer infantry; and

State; the Executive has recognized it; the head of the War Department has recognized it; and

A bill (H. R. No. 500) making appropriations to supply deficiency in the appropriation for the public printing for the fiscal year end-recently, it will be in the recollection of the ing June 30, 1866.

CLAIMS OF LOYAL CITIZENS.

Mr. WILLEY asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No. 73) for the relief of loyal citizens of the counties of Berkeley and Jefferson, in the State of West Virginia; which was read twice by its title.

Mr. WILLEY. With the indulgence of the Senate, I desire to make a remark or two in reference to this resolution; but before doing so, with the permission of the Senate, I ask for the reading of the resolution at large. The Secretary read the joint resolution, as follows:

Resolved, &c., That the second and third sections of the act entitled An act to restrict the jurisdiction of the Court of Claims and to provide for the payment of certain demands for quartermasters' stores and subsistence supplies furnished to the Army of the United States," approved July 4, 1864, be, and the same are hereby, made applicable to, and shall include, claims of loyal citizens of the counties of Berkeley and Jefferson, in the State of West Virginia.

Mr. WILLEY. The second section of the act of July 4, 1864, referred to in this resolution, is in these words:

"SEC. 2. And be it further enacted. That all claims of loyal citizens, in States not in rebellion, for quartermaster's stores actually furnished to the Army of the United States and receipted for by the proper officer receiving the same, or which may have been taken by such officer without giving such receipt, may be submitted to the Quartermaster General of the United States, accompanied with such proofs as each claimant can present of the facts in his case; and it shall be the duty of the Quartermaster General to cause such claim to be examined, and if convinced that it is just and of the loyalty of the claimant and that the stores have been actually received or taken for the use of and used by said Army, then to report each case to the Third Auditor of the Treasury with a recommendation for settlement."

The third section refers to subsistence supplies, and is of like tenor with the second section, referring them for proof to the Commissary General of Subsistence. It seems that the quartermaster's department, for some cause unknown to me, have excluded the counties of Berkeley and Jefferson from the operation of these two sections of the act of 1864.

Mr. TRUMBULL. If the Senator from West Virginia will allow me, I will state that this subject has been before the Committee on the Judiciary, and a bill has been reported from that committee, and is now pending in the Senate, recommending the extension of the provisions of the act which he has just read to loyal persons in all portions of the United States. I apprehend that would cover the object which the Senator has in view. Perhaps that bill has escaped his notice. It is on the table, and it is the intention of the committee to call it up at the very first opportunity.

Mr. WILLEY. I was aware of the bill referred to by the Senator from Illinois. That bill embraces loyal citizens throughout the entire South, and will perhaps lead to some discussion and some delay. The resolution which I now offer is confined in its operations exclusively to the counties of Berkeley and Jefferson, in the State of West Virginia. Allow me to state, Mr. President, that the people of West Virginia feel somewhat chagrined that a part of her territory, the counties of Berkeley and Jefferson, as much a part of her territory as any other counties in the State, the loyal State of West Virginia, should have been excluded by one of the subordinate departments of the Government from the operation of the act of July, 1864. Why these two counties are excluded I cannot understand. Why a part of a loyal State should be excluded and another part allowed to be brought within the operation of this act, I cannot understand. Every other department of the Government has recognized these two counties as belonging to West Virginia, as a part of the territory of that loyal

Senate, Congress by its action recognized the annexation of these two counties to the State of West Virginia, so that these two counties are now, and always have been, a part of that territory; since 1863 at any rate. Before the passage of the act of July, 1864, and ever since the passage of that act, these two counties have been as much a part of the State of West Virginia as any other counties within its limits. We feel somewhat aggrieved that this discrimination should be made against them. There are not many claimants in these two counties; and fearing that the bill referred to by the Senator from Illinois might, perhaps, lead to some extended discussion and to some delay, I have thought it proper to introduce this resolution, supposing that there would be no objection to it, inasmuch as it simply places these two counties on an equal footing with all the other counties of the State; and if there be no objection I would be glad if the Senate would take up the resolution and consider it now. I have stated all that there is in the joint resolution. It seems to me there can be no earthly objection to it; and therefore I should be glad if the Senate would put the resolution on its passage now.

The PRESIDENT pro tempore. The Senator from West Virginia asks for the present consideration of the resolution introduced by him. Is there any objection? No objection being made, the resolution is before the Senate as in Committee of the Whole.

Mr. WILSON. The resolution is very brief, and I should like to hear it read again. The Secretary read it.

Mr. TRUMBULL. Is that resolution intended to be put upon its passage? It has not been referred to any committee. Has it come from a committee?

The PRESIDENT pro tempore. It has not. Mr. TRUMBULL. I think such a resolution ought not to pass without consideration. This whole subject has been carefully considered during the present session; and the law to which reference has been made, the law of 1864, I think, has been somewhat modified in the bill which has been reported, and which is now pending before the Senate, and will embrace this case. I do not think we ought to act on a resolution opening the door for the allowance of claims any wider than it was opened by the previous act, until we consider the whole subject, as we shall do in the bill of which the Senator from Vermont [Mr. POLAND] has charge, and which will be called up at an early day. If this joint resolution passes, another joint resolution may be offered to-mor row to embrace some other county, and another the next day to embrace some other county, and another the next day. This joint resolution has not been considered by any committee, and I trust it will not be pressed to a vote at the present time. It has not even been printed. I move that the pending resolution be referred to the Committee on Claims.

Mr. WILLEY. It seems to me that the honorable Senator from Illinois could hardly have looked at the case as it actually exists. The act to which he refers is dated July 4, 1864. West Virginia became a State on the 20th day of June, 1863. The act of July 4, 1864, provides for claims of loyal citizens in States not in rebellion. At the time of the passage of the act of the 4th of July, 1864, these two counties were within a loyal State, and the claims of loyal citizens in the remainder of the counties in that State have met with no difficulty at the Department. It seems to me an unjust and offensive discrimination against the loyal citizens of two counties of the State, that their claims should not be heard, while the claims of the loyal citizens of the other counties in the State have been adjusted without any difficulty. West Virginia became a State on the 20th of June, 1862; this law was passed July 4, 1864, more than a year afterwards, so that these two cornties were in point of fact a part of the

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