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cow, fuel to an amount not greater in value than twenty-five dollars; provisions to an amount not greater than fifty dollars; household furniture kept for use, to an amount not greater than three hundred dollars; and books, tools, or implements of a trade or profession to an amount not greater than one hundred dollars.
M. Humphrey, Ingersoll, Johnson, Jones, Kasson, Kelley, Kelso, Ketcham, Latham, Le Blond, Marvin, McClurg, McCullough, McIndoe, McRuer, Morris, Moulton, Myers, Newell, Nicholson, Noell, O'Neill, Phelps, Pomeroy, Radford, Samuel J. Randall, Raymond, Alexander H. Rice, John H. Rice, Rogers, Rousseau, Scofield, Shellabarger, Sloan, Smith, Starr, Strouse, Taylor, Thayer, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Robert T. Van Horn, Wentworth, Whaley, Winfield, and Wright.
Mr. MORRILL. I move to amend by adding in line three hundred and eighty, after the word "duties," the words "or taxes."
The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out in lines four hundred and seventy-five and four hundred and seventy-seven the words or tender thereof."
The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out lines four hundred and seventy-eight, four hundred and seventy-nine, four hundred and eighty, and four hundred and eighty-one, as follows:
Such fee for levying, and such sum for the necessary and reasonable expense of removing, advertising, and keeping the goods, chattels, or effects so distrained, as may be prescribed by the Commissioner of Internal Revenue.
And inserting in lieu thereof the words "the fee and other charges;" so that the clause will read:
Provided, That in any case of distraint for the payment of the duties or taxes aforesaid, the goods, chattels, or effects so distrained shall and may be restored to the owner or possessor, if prior to the sale payment of the amount due shall be made to the proper officer charged with the collection of the full amount demanded, together with the fee and other charges.
The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the words "or tender" in the four hundred and eighty-second line; also, by striking out in the four hundred and eighty-sixth line the words "necessary and reasonable expenses of," and inserting in lieu thereof the words "fee and charges for;" so that the clause will read:
But in case of non-payment, as aforesaid, the said officers shall proceed to sell the said goods, chattels, or effects at public auction, and shall retain from the proceeds of such sale the amount demandable for the use of the United States, with the fee and charges for distraint and sale, and a commission of five per cent. thereon for his own use, rendering the overplus, if any there be, to the person who may be entitled to receive the same.
The amendments were agreed to.
The committee then rose; and the Speaker having resumed the chair, Mr. WASHBURNE, of Illinois, reported that the Committee of the Whole on the state of the Union had had under consideration the special order, being bill of the House No. 513, to amend an act entitled "An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864, and acts amendatory thereof, and finding itself without a quorum had directed the roll to be called and the names of the absentees to be reported to the House.
The SPEAKER stated that a quorum having answered to their names, the committee would resume its session.
The committee then resumed its session, (Mr. WASHBURNE, of Illinois, in the chair.)
The question recurred on the amendment moved by Mr. GARFIELD.
Mr. ASHLEY, of Ohio. I withdraw my demand for tellers.
The amendment was then agreed to.
I move to strike out in lines four hundred and sixty-eight and four hundred and sixty-nine the words, "or supposed to contain."
The amendment was agreed to.
Mr. BENJAMIN. I move to amend by adding to the paragraph, at the end of line four hundred and ninety-seven, the following:
And the officers making the distraint shall summon three disinterested householders of the vicinity, who shall appraise and set apart to the owner the amount of property herein declared to be exempt.
A certain amount of property being declared exempt, I do not see in the bill any means of ascertaining the amount so declared. The owner of the property and the collector perhaps differ as to the value of certain articles that are exempt. It seems to me there should be some umpire to decide the matter.
Mr. MORRILL. I see no objection to the amendment. The whole exemption I regard as a mere matter of form. It is not likely that a case will ever occur where a person liable to any national taxes will not have a greater amount of property than is exempted.
Mr. JENCKES. I suggest instead of the officer making the distraint that he may call upon the assessor of the district to make the appointment of the appraisers.
Mr. MORRILL. That is better.
Mr. BENJAMIN. I accept the modification.
The amendment, as modified, was agreed to. Mr. WASHBURN, of Indiana. I move to strike out the last proviso, as follows:
Provided further, That there shall be exempt from distraint the school-books and apparel necessary for a family; also arms for personal use, one cow, fuel to an amount not greater in value than twenty-five dollars, provisions to an amount not greater than fifty dollars, household furniture kept for use to an amount not greater than three hundred dollars, and books, tools, or implements of a trade or profession to an amount not greater than one hundred dollars.
And to insert in lieu thereof the following: Provided further, That there shall be exempt from distraint such property as the tax-payer may select, not exceeding five hundred dollars in value,
The object of my amendment is to give to the tax-payer a choice of property that he may wish to have excepted from distraint. If he wishes to exempt a horse or a hundred dollars' worth of books or any other kind of property, he may do so, having the right of selection for himself.
Mr. CULLOM. I move to amend by adding after the word "notification," in line three hundred and sixty-six, the following:
Mr. MORRILL. I hope it will not be adopted.
The question being taken, there were-ayes 13, noes 47.
Mr. WASHBURN, of Indiana, withdrew the amendment.
And shall send a copy of such notice by mail to each postmaster in the county to be posted up in his office.
Mr. MORRILL. We have already voted down that amendment once or twice before, and I hope it will not be adopted now.
Mr. CULLOM. I do not understand that this amendment has been voted down.
Mr. COOK. I desire to say that this amendment was put in in relation to the notices to be given by the assessors, and now it is simply a question of giving notice when the taxes are to be paid or not giving such notice. The bill provides that notice shall be given by adver tisement in one newspaper and at four other public places in the district. A large majority of the tax-payers, under that arrangement, get no notice at all. If this amendment should be adopted a large majority of the tax-payers will get notice.
Mr. COOK. They have to pay the cost of that subsequent notice.
Mr. CULLOM. I would ask the gentleman from Vermont what particular objection he has to the insertion of this clause. that suppose the failure of the collector to send notices to the various postmasters would not cheat the Government out of any taxes at all. It is simply a duty enjoined on collectors for the purpose of getting the information among the people who have taxes to pay, so that they may have a further opportunity of being notified of the time when their taxes are to be paid. It is a matter of very little labor and expense, and it will certainly, in the rural districts of the country, enable a great many men to learn that they are called upon to pay their taxes at a particular time, when they would not, perhaps, know it otherwise.
Mr. MORRILL. The gentleman asks what particular objection I have to the adoption of this amendment. It is this: that it imposes very heavy increased duties upon the assessors, and that it would be necessary for each assistant assessor at least to provide himself with a copy of the Post Office book containing all the post offices in the United States, in order that he might be enabled to send notices to the dif ferent post offices in his district. In my own district, for instance, not less than two hundred such notices would be required, and in some of the large districts in the West there would be even more required. Besides, the notices in such places would be never seen or heard of.
Mr. ALLISON. I would like to ask the gentleman from Illinois [Mr. CULLOM] whose duty it would be to post up these notices which he proposes to send to all the postmasters. Mr. CULLOM. The postmasters can do it. Mr. ALLISON. Suppose they do not do it. The CHAIRMAN. Debate is exhausted on the amendment.
The question was put; and there were-ayes 25, noes 13; no quorum voting.
Tellers were ordered; and Messrs. MORRILL and CULLOM were appointed.
The committee divided; and the tellers reported-ayes forty-eight, noes not counted. So the amendment was agreed to. Mr. CHANLER. I would like to draw the attention of the chairman of the Committee of
cannot injure the law to put into it a provision requiring the assistant assessor in each district to make a monthly report, such as I have indicated, to the chief of the bureau here in Washington, by means of which the citizen can obtain speedy relief if entitled to it.
The question was taken on the amendment of Mr. CHANLER, and upon a division there were-ayes 17, noes 35; no quorum voting. Mr. MORRILL moved that the committee
Ways and Means, who has this bill in charge, to a case of great oppression which has arisen. The CHAIRMAN. Does the gentleman offer an amendment?
Mr. CHANLER. Yes, sir; I have an amendment to offer. I move to insert before the last proviso in this paragraph the following:
And that the assessor of each district shall at stated periods make a full and accurate report over his own signature, duly sworn to before a notary public, of all articles seized and held by him as forfeited for violations of this act by any person or persons, that such report shall specify the names of the owners of the articles so seized, together with the value of the same, and the particular section or sections of this act violated by such person or persons, whereby the said articles were forfeited to the Government; and such reports shall be addressed to the chief of the Bureau of Internal Revenue on the first of every month.
The object of this amendment is simply to authorize and require the assessor of each district to make a report to the chief of the Bureau of Internal Revenue in this city of all articles seized by him as forfeited under the law for violations of the internal revenue act.
Let me state a case that came under my observation, and in reference to which I made application for relief to the head of the bureau, with whom I had a conversation, which has led me to offer this amendment. A livery-stable keeper in good faith hired a horse and wagon to some persons to him unknown. Those persons left the city of New York and went over into the State of New Jersey. On the other side of the river they got possession of some boxes of cigars, not stamped or marked, and began to peddle them. The consequence was they were arrested by the authorities, and the horse and wagon belonging to the citizen of New York were seized and held by the assessor. The case was brought to my notice, and I applied to the bureau for relief. I asked the chief if it was optional for the assessor to seize, hold, and sell that horse and wagon belonging to an innocent party, and there was no redress. The answer of the chief of the bureau, as I understood it, was that there was no redress; and therefore I have offered this amendment.
If gentlemen will give their attention, I will state that they will find that by my amendment the assessor is called upon to make a return monthly to the head of the bureau of the articles seized by him, giving the value of each article and the name of the person from whom it has been seized; and thereby persons whose property has been seized can obtain ready redress, if they are entitled to it, from the only place where the law permits them to obtain relief.
I hope my amendment will meet with the approval of the chairman of the Committee of Ways and Means, [Mr. MORRILL;] or, if it does not, that he will at least explain that it is not necessary under the law.
Mr. MORRILL. I do not, perhaps, fully understand the amendment of the gentleman from New York, [Mr. CHANLER,] as I was unable to hear it all when it was read at the Clerk's desk. But so far as I do understand it, I am opposed to it, and hope it will not be adopted, for I think the public notice in the courts where cases of forfeiture are tried is sufficient, and where certainly all the persons who are interested would learn the cause of such forfeiture.
Mr. CHANLER. Will the gentleman from Vermont [Mr. MORRILL] allow me to ask him if there is any provision in the law regulating the internal revenue to enable the citizen, whose property has been seized by the assessor, to obtain speedy redress from the superior of that officer? As the law now stands, is not the person whose property has been seized completely at the mercy of the assessor? And is it not due to the citizen that he should have some means provided by which his property can be released if he is an innocent party? Does the law provide any such means now? I understand that the gentleman does not know, and still he opposes a good, sound remedy because he individually does not know whether that is the law or not. It certainly
The motion was agreed to.
So the committee rose; and the Speaker having resumed the chair, Mr. WASHBURNE, of Illinois, reported that the Committee of the Whole on the state of the Union had had under consideration the special order, being bill of the House No. 513, to amend an act entitled "An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864, and acts amendatory thereof, and had come to no conclusion thereon.
ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled Senate bill No. 310, to change the place of holding the courts of the United States for the northern district of Mississippi; when the Speaker signed the same.
DIRECT TAX IN INSURRECTIONARY STATES.
Mr. GARFIELD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:
Resolved, That the Committee of Ways and Means be instructed to inquire whether any further legislation is necessary in reference to the collection of the direct tax in the States lately in rebellion.
PURCHASE OF PUBLIC LANDS.
On motion of Mr. STEVENS, Senate bill No. 203, entitled "An act to enable the New York and Montana Iron Mining and Manufacturing Company to purchase a certain amount of the public lands not now in the market,' was taken from the Speaker's table, read a first and second time, and referred to the Committee on Public Lands.
COMMITTEE ON TERRITORIES.
Mr. ASHLEY, of Ohio, by unanimous consent, submitted a report from the Committee on Territories in response to a resolution of the House, adopted February 26, 1866, asking for information as to the necessity of a clerk for that committee.
The report states that in the judgment of the committee a clerk is necessary for the trans
action of their business.
The report was laid on the table, and ordered to be printed.
NAVIGATION OF ILLINOIS RIVER.
Mr. ROSS, by unanimous consent, introduced a bill to improve the navigation of the Illinois river; which was read a first and second time, and referred to the Committee on Commerce.
LEAVE OF ABSENCE.
The SPEAKER asked leave of absence for ten days for Messrs. UPSON and TROWBRIDGE. Leave was granted.
MAIL COMMUNICATION WITH BRAZIL.
Mr. ALLEY, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:
Resolved, That the Postmaster General be requested to report to this House the conditions of the contract made for the transportation of the mails between the United States and Brazil, and to state whether such conditions have been complied with by the company contracting to perform such service, and whether the steamships employed have been such as were required by the law authorizing the service; also, to state whether the Department has any information of the contract having been assented to and executed by the Brazilian Government, and further directing that no amount of the subsidy be paid unless the contract has been fully complied with on the part of the company and duly assented to by the Brazilian Government, as required by the act authorizing the service. PASCHAL'S EDITION OF THE CONSTITUTION. Mr. COOK, by unanimous consent, submit
ted the following resolution; which was read, considered, and agreed to:
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of purchasing from George W. Paschal, Esq., his copyright in a limited number of his edition of the Constitution of the United States, with his notes of judicial and legislative decisions thereon, together with the copious index thereto; and that said committee report by bill or otherwise.
Mr. DAVIS moved that the House adjourn. The motion was agreed to; and thereupon (at fifty minutes after three o'clock p. m.) the House adjourned.
The following petitions, &c., were presented under the rule and referred to the appropriate committees: By Mr. BOUTWELL: The petition of William H. Wood, and others, of Baltimore, Maryland, and Charles C. Sewall, and others, of Medfield, Massachusetts, in favor of a Bureau of Education.
By Mr. BROOMALL: The petition of citizens of Delaware county, Pennsylvania, praying for such change in the internal revenue and tariff laws as shall enable the manufacturers of the United States to compete with those of other countries with success. By Mr. COOK: The petition of citizens of Grundy county, Illinois, for protection for American wool.
By Mr. CLARKE, of Ohio: The petition of Jonathan Palmer, and others, citizens of Clermont county, Ohio, praying for a modification of the tax on common tobacco.
By Mr. HUBBARD, of New York: The petition of numerous citizens of the village of Norwich, in the county of Chenango, New York, for a mail route from said village to the village of Sidney Plains, in the county of Delaware.
By Mr. LAWRENCE, of Pennsylvania: The petition of citizens of Washington county, Pennsylvania, for an increase of duties on foreign wool.
By Mr. PAINE: The remonstrance of Frank Abbott, and others, citizens of Marquette county, Wisconsin, against the change of the route of a certain land-grant railroad therein named.
By Mr. PERHAM: The petition of James L. Perham, for a pension.
Also, the petition of Mrs. Nancy Bills, for compensation for destruction of property by order of United States officers.
By Mr. ROLLINS: The petition of Stephen Thayer, and 35 others, citizens of New Hampshire, praying for an increase of duty on imported cigars.
TUESDAY, May 15, 1866.
Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
The PRESIDENT pro tempore laid before the Senate a communication from the Postmaster General, transmitting, in compliance with a resolution of the Senate of the 10th instant, a copy of a letter from D. L. Yulee, formerly chairman of the Committee on Post Offices and Post Roads, to the Post Office Department, dated January 9, 1860, inquiring as to the effect of legislative action in increasing the pay of mail contractors, &c., and a copy of the reply of the Postmaster General thereto; which, on motion of Mr. RAMSEY, was referred to the Committee on Post Offices and Post Roads, and ordered to be printed.
Mr. FESSENDEN. Before the Senate proceeds with the regular business of the day, I wish to say a word in reference to the report of the committee on reconstruction, or rather the joint resolution which has been passed by the House of Representatives, and is now upon the table of the Senate, reported by that committee. Many inquiries have been made of me by gentlemen as to when I proposed to call up the resolution which has been passed by the other House, for action here. I desire now to state that I have consulted, informally, the members of the reconstruction committee
on the part of the Senate, and we have come to the conclusion that we shall ask the Senate to proceed to the consideration of that resolution on Monday next; and I beg also to express the hope that when it is taken up we may devote the entire hours of the Senate, with the exception, of course, of the morning hour each day, strictly to the consideration of that business, and with the expectation, or the hope at least, that we shall be able to dispose of it in the course of the week.
Mr. JOHNSON. Does the Senator say that he has consulted all the members of the committee?
Mr. FESSENDEN. I consulted all who were present at the time. I did not consult the Senator from Maryland because he was not in his seat. I will now only repeat the hope I before expressed, that we may take up the subject on Monday next and confine ourselves to its consideration, with the idea that we may be able to finish it in the course of next week.
which slavery withheld, and finally in the name of justice, humanity, and religion, asking that free education be secured to all the children of the United States. I do not know that there is any committee of this body to which this petition can be, with any particular propriety, referred, but the Judiciary Committee is that to which all petitions go which have no other natural destination, and I therefore move its reference to the Committee on the Judiciary. The motion was agreed to.
PETITIONS AND MEMORIALS.
The PRESIDENT pro tempore presented a memorial of the Legislative Assembly of the Territory of Montana, praying for the establishment of a branch mint in that Territory; which was referred to the Committee on Finance, and ordered to be printed.
He also presented a memorial of the Legislative Assembly of the Territory of Montana, praying for the alteration and extension of the southern boundary of that Territory; which was referred to the Committee on Territories, and ordered to be printed.
He also presented an address of colored citizens of Chicago, Illinois, dated April 23, 1866, expressive of their gratitude to the Senate and House of Representatives for the passage of the civil rights bill recently vetoed by the President of the United States; which was ordered to lie on the table.
Mr. JOHNSON. I present the petition of Mary Good, an aged lady of Baltimore, who states that her daughter, an only child, on whom she depended for support, was killed on or about the 16th of August, 1865, by a shot fired by a sentinel intended to have been aimed at a deserter from the military service of the United States. She states that she was wholly dependent on this daughter, and thinks she has made out a case for the interposition of Congress, either to vote her a small sum of money in gross to support her, she being upward of seventy years of age, or to give her a pension. I move the reference of the petition to the Committee on Pensions.
The motion was agreed to.
Mr. MORGAN. I present the memorial of the Chamber of Commerce of the State of New York against the proposed tax of five cents per pound upon cotton. I ask that the memorial be referred to the Committee on Finance, and inasmuch as the subject is one of very considerable interest at this time, and as this memorial contains some valuable information in relation to the importation of cotton into Liverpool for several years from India, Egypt, and Brazil, I move that it be printed for the use of the Senate.
The motion was agreed to.
Mr. COWAN presented a petition of mechanics and laborers in manufacturing establishments, praying for such an adjustment of the tariff of duties on imports as will afford ample protection to the labor and industry of the country; which was referred to the Committee on Finance.
Mr. SUMNER presented the petition of Hopestill Bigelow, praying to be allowed eleven years' back pay, claimed to be due him as a pensioner of the war of 1812; which was referred to the Committee on Pensions.
Mr. SUMNER. I also offer the petition of H. W. Johnson, president of Dickinson College, Carlisle, Pennsylvania, asking, in the name of four million freedmen who now call for education, that education which slavery forbade, and in the name of a still larger number of "poor whites," who need that instruction
Mr. YATES presented a petition of citizens of Illinois, praying for an increase of the duty on importations of foreign wool; which was referred to the Committee on Finance.
He also presented a memorial of women of Illinois, praying that universal suffrage and enfranchisement may be granted without regard to sex; which was referred to the joint com
mittee on reconstruction.
A few days ago the two Houses of Congress united in passing a joint resolution congratulating the Emperor of Russia upon his escape from assassination. When that resolution came from the House of Representatives to the Senate, on the suggestion of the chairman of the Committee on Foreign Relations [Mr. SUMNER] it was amended so as to authorize and direct the President of the United States to transmit the resolution to the Emperor. The present Assistant Secretary of the Navy had filed his resignation, to take effect from to-day, and, as the agent of the Navy Department, was about to visit Europe for the purpose of inspecting the various navy-yards, ships-of-war, and improvements in each, and improvements in ordnance and naval appliances that have been perfected by the European nations during the last few years. I suppose it is not unknown to the members of this body that foreign nations, and especially the British, are in the habit of Fi-sending naval officers here to examine with the
Mr. NYE presented the memorial of Richard Chenery, praying for compensation for beef cattle furnished for the use of destitute and suffering Indians in California, in the years 1851 and 1852, under contract with the then Indian commissioner for the northern district of that State; which was referred to the Committee on Indian Affairs.
On motion of Mr. MORGAN, it was
Ordered, That the Committee on Claims be discharged from the further consideration of the petition of E. Brown, jr., and that he have leave to withdraw his petition and other papers.
REPORTS OF COMMITTEES.
Mr. SHERMAN. The Committee on nance, to whom was referred the bill (S. No. 300) to reduce the rate of interest on the national debt, and for funding the same, have directed me to report it with amendments, and if it is the pleasure of the Senate I should like, as the honorable Senator from Maine has announced his purpose to take up the reconstruction subject next week, to have this bill set for Thursday if there be no objection.
Mr. FESSENDEN. I object to having that fixed. I want to take up several of the appropriation bills during this week, that are on the table.
Mr. SHERMAN. Do you want the whole week?
Mr. FESSENDEN. I do not know that I shall, but I should not like to have any special
form the same duties and receive the same salary as is by law allowed to the present Assistant Secretary of the Navy. The office thus created is to cease by limitation in six months from the approval of this act.
There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.
The bill was reported to the Senate without amendment.
ASSISTANT SECRETARY OF THE NAVY. Mr. GRIMES. I am instructed by the Committee on Naval Affairs to report a bill (S. No. 318) to authorize the appointment of an additional Assistant Secretary of the Navy.
The ll was read a first time by its title and passed to a second reading.
Mr. GRIMES. I will venture to ask the Senate to suspend its rules in order to proceed to the consideration of this bill. I think there will be no hesitation in passing it with the explanation that I shall be able to give of the necessity of it.
The PRESIDENT pro tempore. The bill will be put on its second reading now, if there be no objection, and then the question of its consideration will be open.
The bill was read a second time at length. proposes to authorize the President of the United States, by and with the advice and consent of the Senate, to appoint an additional Assistant Secretary of the Navy, who shall per
Mr. GRIMES. It is due to the Senate that I should state the reasons why the Committee on Naval Affairs have proposed that such a bill as this should be passed at this time.
utmost minuteness everything of that description that is done by us. It is probably known to the members of this body that there is attached to the British legation Captain Buythesea, one of the most competent men in the British navy. He is employed for no other purpose than to make such investigations as it is proposed by the Navy Department that the present Assistant Secretary of the Navy shall make during the months of this summer.
When the resolution congratulating the Emperor of Russia was adopted by Congress, it was suggested by the Secretary of State, and by some other persons connected with the Administration, that Mr. Fox should be deputed to carry the congratulatory resolution to Russia; and it was also suggested to him that he should withdraw his resignation as Assistant Secretary, for the reason that it would give more éclat and would be more acceptable to the Russian Government if he went in his official capacity, as second in authority in the Navy Department, than if he went as a private
It is for that reason that this bill has been reported. Added to this consideration is the fact that on account of the peculiar phraseol ogy of the law organizing the Navy Department, no one, in case of the absence, from sickness or otherwise, of the Secretary of the Navy, can perform the duties of that Department except the Assistant Secretary; and in order to guard against accidents, or the possi bility of anything of that kind happening, it is proposed to pass this bill. Mr. Fox proposes to start in the Miantonomoh, an iron-clad ship, a class of improved impregnable vessels, for which this country is indebted to him more than to any other person in the world except to Mr. Ericsson, now lying at Halifax and ready to go-the best iron-clad ship, I believe, in the world, and which, we hope, and he believes, will safely cross the Atlantic. I believe the appearance of that ship in European waters would have a greater tendency to promote peace between the nations of Europe and this country than all the diplomats we shall be likely to send to Europe during the next thirty
I will say, furthermore, that this can be at tended with no additional expense. The whole sum that will be appropriated, should this bill be passed into a law, will be $1,750, which will not be so much as would be the expense of sending a special messenger to the Emperor
present consideration of the joint resolution
Mr. TRUMBULL. This would be conferring
of Russia, as the President is required to send if he does not adopt some such plan as this.
The bill was ordered to be engrossed for a third reading, was read the third time, and passed.
CIRCUIT COURT IN VIRGINIA.
Mr. TRUMBULL. The Committee on the Judiciary, to whom was referred the bill (H. R. No. 563) to regulate the time and fix the place for holding the circuit court of the United States in the district of Virginia, and for other purposes, have instructed me to report it back with an amendment; and I ask for its present consideration. It merely changes the place of holding the court from Norfolk to Richmond, and fixes the time. I presume there will be no objection to it. There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.
The amendment reported by the Committee on the Judiciary was to strike out the following
And special or adjourned terms of said court may be held at such time and on such notice as may be ordered and prescribed by the Chief Justice of the Supreme Court of the United States, with the same power and jurisdiction as at regular terms. And said court, at any such regular, special, or adjourned terms, shall have power to issue and enforce all writs and process, make all orders, and do all acts necessary for the due administration of justice and the exercise of their jurisdiction.
So as to make the bill read as follows:
Be it enacted, &c., That the circuit court of the United States in the district of Virginia shall be held at the city of Richmond, commencing on the first Monday in May and on the fourth Monday of November, in each year; and the said court may adjourn its session, now authorized, from Norfolk to Richmond, and there hold the same, and transfer to said last-named place all records, files, process, and property pertaining to said court. And all proceedings and process in or issuing out of said court, which are or may be made returnable to any other times or places appointed for holding said court than herein prescribed, shall be deemed legally returnable on the day specified and at Richmond, and not otherwise; and all suits and other proceedings in said court which stand continued to any time or place shall be deemed continued to the place and time prescribed by this act.
The amendment was agreed to.
The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a third time. The bill was read the third time and passed.
Mr. NYE. Let it be referred to the Committee on the Judiciary.
Mr. TRUMBULL. If it has already been examined by a committee and reported I do not desire to have it referred.
Now, what is proposed to be done by this act? Passing by the supposition that it will accomplish its purpose, supposing that the Army and the Navy can be used practically for the purpose of preventing the malaria, if it be a malaria, caused by the air's being infected by the presence of the disease brought here by persons who may be laboring under the disease, it gives to Congress the authority to go into the States and establish hospitals or quarantine, or do anything else which in the judgment of the three Secretaries, who are constituted a board for that purpose, may be necessary to keep out spread. Where is that power to terminate? If the disease, if it can be kept out, or arrest its Congress has the authority to legislate upon the subject, if the preservation of the health of the The motion was agreed to; and the Senate, country is one of the objects intrusted to Conas in Committee of the Whole, resumed the gress at all, it is a power not limited to the seaconsideration of the joint resolution, the pend-port, not limited in its exercise to the city, but ing question being on the amendment of Mr. it must be coextensive with the entire country; SUMNER to the amendment reported by the and if the cholera after making its appearance Committee on Commerce. in the city of New York is supposed, in the Mr. JOHNSON. Mr. President, when this judgment of the board, to be likely to spread measure was before the Senate a few days since all over the State of New York, unless it shall be I had stated in part my reasons for supposing arrested by the Army and the Navy and by the that it was not within the constitutional power measures which they shall be recommended to of Congress to pass it, and I have but a word adopt by physicians in order to keep the disease or two to add in addition. from spreading, they can go all over the State and establish hospitals, establish quarantine, so as to impede commerce strictly territorial, strictly internal.
In the cases adverted to not a single judge doubted that the internal commerce of the States was never submitted to regulation by Congress under the commercial power. Indeed, the very terms in which the power is communicated exclude the idea that it was intended to embrace internal commerce. The power conferred is the power to regulate commerce between foreign nations and the United States and commerce among the States. Marshall, therefore, in the case alluded to of Gibbons vs. Ogden, admitted, as clear beyond dispute, as a proposition never disputed anywhere during the deliberations of the Convention or by any judicial opinion pronounced in any case in which the question arose, that the internal commerce of the States was with the States exclusively. If that proposition be true, (and I am sure my friend, the Senator from Massachusetts, will not deny it,) does it not follow that what you propose to do is without authority provided it conflicts with that proposition? A man wants to go from the city of New York to Albany with his vessel, or to travel on the canal from Albany to the extreme lakes. That commerce is clearly internal; but, like foreign commerce, it may be the means of spreading the disease; and if Congress, under the authority to regulate commerce, has a right to prevent the spread of the disease, or the introduction of the disit must have an authority to prevent it from spreading anywhere or from being introduced anywhere. It may for the first time be introduced into Albany or into any of the towns situated upon the canal which connects the Hudson with the lakes; and what I say of New York is applicable to all the other States. What do you propose to do? To let the doctors get together and advise the board, which you are about to constitute by this resolution, formed of the three Secretaries. The disease may be introduced into Albany, or, if it makes its first appearance in the city of New York, it may find its way into Albany. They will therefore call upon the Secretaries to establish a quarantine at Albany, and as quarantine may not answer the purpose absolutely, as the disease may find its way into Albany in spite of the quarantine, and one or more cases may be found occurring in Albany, then the way to prevent the spread of the disease is to do what we do with the
Mr. NYE. Let this resolution go to your committee. I did not know it was to change any rule. I move that it be referred to the Committee on the Judiciary.
The motion was agreed to.
Mr. CHANDLER. Imove that the Senate resolution (H. R. No. 116) to prevent the innow proceed to the consideration of the joint troduction of the cholera into the ports of the
vs. Ogden, reported in 9 Wheaton, the honorable member will find that Chief Justice Marshall, in speaking for the whole court, recognized the validity of State quarantine laws, not only as laws passed in the exercise of a concurrent power, but as laws valid, because the States possessed exclusive power over the subject.
The honorable member from Massachusetts [Mr. SUMNER] placed the authority to pass this measure upon the commercial power conferred upon Congress by the Constitution. According to his interpretation of that power, there is hardly anything that might not be done, not only by Congress with the assent of the States, but by Congress in spite of the States. I think the honorable member and the Senate will find upon turning to the cases to which he alluded, the passenger cases, and more particularly to the license cases and the case of Houston vs. Moore, reported, I think, in 5 Wheaton, that this principle has been over and over again proclaimed as the true one with reference to the power of Congress under that clause; that it does not in any manner conflict with the police power of the States; that it therefore does not conflict with any power which the States may deem necessary to preserve the health or the morals of their citizens; that it does not, consequently, conflict with the power which the States have ever been supposed to possess, not as a concurrent, but as an exclusive power, to establish quarantine. The passenger cases, upon which my friend from Massachusetts perhaps in the main relied, were cases involving the validity of an act of the Legislature of New York, which imposed a tax upon every captain or officer of a vessel, one dollar and a half or two dollars-I forget the exact amount-for each passenger landed in New York; and subjected him to a penalty unless he paid the tax; and it appropriated the proceeds of the tax to two purposes, one of which was for a hospital, and the other, I think, for the insane. The opinion of the Supreme Court, as pronounced by Mr. Justice McLean, placed the invalidity of that law entirely upon the ground that it affected the vessel and the rights of the master and the passengers, not after they were landed but before they were landed. It was intended to be a license for the authority to land, and was intended to appropriate the sum which the party was obliged to pay in the nature of a license for some State purpose. But the honorable member will find if he will look at the opinion of the judge to whom I allude, that throughout he not only recognized the authority of the States to establish quarantine, but treated that authority as an exclusive one. And on looking at the other case to which the honorable member referred, that of Gibbons
Mr. SUMNER. Now, I will ask my learned friend, is he not too refined when he undertakes to say that in regulating passengers you may not regulate them so far as concerns their health; that you may regulate passengers in every other way except so far as concerns health? I assume, and I put it to my learned friend, that if under the commercial power you can regulate the introduction of passengers, that carries with it, necessarily, all the incidents of health, because you may apply to the introduction of passengers certain sanitary requirements. I do not see how, logically, the Senator can avoid that conclusion.
small-pox disease-establish hospitals; so that under the power which Congress is supposed to have over the health of the country, they may establish small-pox hospitals and cholera hospitals everywhere throughout the States. I maintain, therefore, with due respect to the members of the Senate who think there is authority to pass this resolution, that it is contrary to the best-established principles in relation to the construction of the Constitution in the particular relied upon not only the best established but principles that never have been questioned by the Supreme Court at any time. Without troubling the Senate further, I submit that it seems to me the proposed measure is clearly beyond the power of the Government.
Mr. SUMNER. The Senator from Maryland has called the attention of the Senate to the decisions of the Supreme Court which, in his opinion, bear decisively on this question; but, sir, with the ingenuity of a practical lawyer he has omitted to call the attention of the Senate to that decision which, perhaps, of all others, is the most applicable to this question. With the permission of the Senate I will make up for the deficiency of the learned Senator, or at least endeavor to do so, by calling attention to the case, which, unless I mistake, in its precise language is applicable to the pending question. I refer to the case of the United States vs. Coombs, in the twelfth volume of Peters's Reports. There you will find one of the able and well-considered judgments of the late Mr. Justice Story, particularly treating of this question. By "this question" I mean the power of Congress under the clause of the Constitution giving to Congress the power to regulate commerce with foreign nations and among the several States. I will read a passage from his judgment, page 78, as follows:
"The power to regulate commerce includes the power to regulate navigation, as connected with the commerce with foreign nations and among the States. It was so held and decided by this court, after the most deliberate consideration, in the case of Gibbons vs. Ogden, 9 Wheaton, 189 to 198."
All that the Senator will of course recognize; for, indeed, he has already admitted it in what he has said and cited. The learned judge then proceeds:
"It does not stop at the mere boundary line of a State; nor is it confined to acts done on the water, or in the necessary course of the navigation thereof. It extends to such acts, done on land, which interfere with, obstruct, or prevent the due exercise of the power to regulate commerce and navigation with foreign nations and among the States. Any offense which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by Congress, under its general authority to make all laws necessary and proper to execute their delegated constitutional powers.'
Those are the pointed words of Mr. Justice Story.
Mr. MORRILL. Will the Senator allow me to ask him a question?
Mr. SUMNER. Certainly.
Mr. MORRILL. That is to regulate com
Mr. SUMNER. To regulate commerce. Mr. MORRILL. Does the Senator mean to be understood that a regulation in regard to cholera, a disease, is a regulation of commerce?
Mr. SUMNER. I do, certainly. Mr. MORRILL. Then the cholera is commerce? Mr. SUMNER. No; cholera is not commerce, but cholera comes from passengers.
Mr. MORRILL. Then is the regulation of it commerce, or is it the treatment of a disease? Is it a regulation of health or a regulation of commerce?
Mr. SUMNER. The Senator will pardon me if I say it is one of those matters which runs in several directions. It is connected with passengers, and it may be viewed in its connection with passengers.
Mr. MORRILL. As a disease, not as commerce. It is connected with passengers as a disease and to be treated of in the nature of health, quarantine, sanitary regimen, or whatever you please, but not in the nature of commerce to be regulated.
Mr. MORRILL. I ask the Senator whether, when you have reached the point that you have got to treat the passenger for his health, the power of the General Government does not cease, and the police power of the State for the protection of the public health at that very point necessarily intervene.
Mr. SUMNER. To that my reply is just this: that the jurisdiction having once attached, it must, from the nature of the case, continue to the end; otherwise the utility of the jurisdiction would fail.
Mr. MORRILL. I beg to suggest to the Senator that it never did attach to the passenger as touching his health; and the moment it becomes necessary to treat him for his health, then the power to regulate commerce ceases, as a matter of course.
Mr. SUMNER. The Senator says it never did attach to the passenger so far as his health is concerned. How can he say that? Does it not attach to the passenger absolutely? You by your statutes require a certain allowance of water and a certain allowance of food on board a ship. Does not that go to the health? Mr. CONNESS. And a certain allowance
of room on a ship.
Mr. SUMNER. And a certain allowance of room in the ship; a certain allowance of air. Does not all that concern the regimen of health? Now, we propose to go further, and by a careful system of regulations to look still further at the condition of health, and to surround it with still further safeguards; not merely to require a certain amount of food and a certain amount of air and a certain amount of space, but to go still further according to all the suggestions of modern science in order to prevent the introduction of this disease. To my mind, the conclusion seems inevitable, it is just as clear as that A plus Bequals X, or that two and two make four. I cannot imagine any conclusion more direct. If you concede that you may make regulations with reference to a passenger, I know of no regulations more important, more absolutely founded upon this constitutional requirement, than those regulations which concern his health. And now the Senator seems to suggest that this is an exercise of power for the first time. How so?
The PRESIDENT pro tempore. The morning hour having expired, the Chair is under the necessity of calling up the order of the day, being the unfinished business of yesterday.
Mr. CHANDLER. I ask that the unfinished business go over informally that we may have a vote on this measure.
The PRESIDENT pro tempore. The unfinished business of yesterday can be laid aside by unanimous consent. No objection being made, the unfinished business will be laid aside, and House joint resolution No. 116 will be continued before the body.
Mr. SUMNER. I do not understand that this is an exercise of power for the first time. It is nothing more, perhaps, than a new application of an old power or an expansion of an old power to a new condition of circumstances; and perhaps I may say enlarging this old power, because the circumstances require the enlargement. I do not understand that any new fountain is opened; no new source is drawn upon; no new principle is invoked; we go back to the original text of the Constitution which has been so often applied in kindred cases, and we insist upon its application now.
If I understand the argument of the Senator,
it is that all quarantine regulations belong to the States exclusively. Am I right in that? Mr. MORRILL. Most of them.
Mr. SUMNER. The Senator, I understand, says they belong exclusively to the States. Mr. MORRILL. Yes.
Mr. SUMNER. If I carry that argument of the Senator still further, it would be practically to say that the Government of the United States might make all possible regulations with reference to passengers water borne, but could not touch them in regard to sanitary regulations the moment they entered our harbors. That is certainly the inevitable conclusion, and permit me to say it is an absurdity. I will not consent thus to despoil this Government of a power which to my mind seems so essential to the national health.
Now, if you go back to one of the early stat utes, for instance, the statute entitled "An act respecting quarantines and health laws," which bears date February 25, 1799, it will be perceived that while the quarantine is left to a certain extent under the control of the States, the United States officers are directed to assist the State officers in enforcing the quarantine. Here is a clause which I will read:
"And all such officers of the United States shall be, and they hereby are, authorized and required faithfully to aid in the execution of such quarantines and health laws, according to their respective powers and precincts, and as they shall be directed from time to time by the Secretary of the Treasury of the United States."
In that statute it will be seen that the quarantine was placed under a mixed government, partly of the State and partly of the United States. Certain United States officers were directed to aid State officers in enforcing quar antine, and the United States officers were from time to time to receive instructions from the Secretary of the Treasury. How could that be if the United States had no jurisdiction over this matter?
Mr. MORRILL. They are to do it, by the very terms of the act, in aid of the State; they took no jurisdiction.
Mr. SUMNER. I will come to that. The Senator reminds me that it was by the very terms of the act in aid of the State; and now allow me to call the attention of the Senator to what he will remember perfectly well in the early history of our country, that the bounds of the jurisdiction of the Federal and State governments were then unsettled. Take, for instance, one of the greatest cases in our history, that of the fugitive slave bill which was passed in 1793. The Senator well remembers that the seizure of fugitive slaves was intrusted under that act to State officials, and also to cer tain United States officials; but the jurisdiction was recognized as concurrent. It was only at a late day when the relations between the State and Federal jurisdiction were better comprehended that the Supreme Court decided that that jurisdiction could not be confided to the State authorities.
Now, I submit that you will find in this stat ute of 1799 relating to quarantine a jumble or a confusion not unlike that which you will find in the fugitive slave act of 1793; that is, a recognition of a concurrent jurisdiction in the State and Federal governments over this question. This measure which is now before the Senate would follow out, I take it, the general principle or reasoning of later years and assure the jurisdiction to the Federal power, or, as I always like to call it, the national rather than the Federal power. It would secure it to the national power, and to my mind it properly belongs to the national power, and no ingenuity of the Senator from Maine, my excellent friend, can satisfy me that it ought not to be intrusted to the national power. It is essentially a national object, and can be performed effectively and thoroughly only through the national arm. If you intrust it to the different local authorities, you will have as many systems as you have States or communities, and you cannot bring your policy to bear with that unity which it ought to have in dealing with so deadly a foe. You should be able to carry into this matter