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Now, I wish to say a single word on the burden of proof against goods is not pertinent. because existing statutes were insufficent in that merits of this question. It is true in my opin. It should be against the person. So the ques- respect, or was it for some other purpose ? ion, as my honorable friend from Maryland | tion is simply whether it is the sense of the Mr. MORRILL. It was simply to enable the [Mr. Joussox] says, that we are simply in these Senate that we ought to change the rule in the Government to prosecute more successfully cases of seizure reënacting what the law now case of a prosecution against the person. On | guilty persons. That was the object, and that is. I agree to what he states about that. We that I submit that there are two sides.
alone. are also ten lines above reënacting what the Mr. EDMUNDS. One word more. My Mr. CONNESS. So they are of opinion, law is as to the forfeiture of the goods. That | friend from Maine says that there is no pro- then, at the Treasury Department that guilty is the law now in both cases. The difficulty vision in this section for a proceeding against || persons mostly have escaped. we shall get into in the courts where those who l goods, and therefore there is no occasion for Mr. MORRILL. That was the opinion. are engaged in smuggling retain the astutest a provision regulating the rule of evidence in Mr. CONNESS. To that point I desire to counsel they can find, will be this: if we reënact such cases; but there ought to be a provision call the attention of the Senate. The existing the law as to forfeiture and do not reenact the regulating the rule of evidence in a proceeding revenue laws provide for giving one half, I law as to the burden of proof, it will be imme- against the person, because such a proceeding || believe, of the amount of the value of seized diately contended that we intended to drop it, is here contemplated. Now, I undertake to | goods to the customs oflicers-to the collector, that we have created a new code, that we have declare, without the fear of successful contra- to the naval oflicer, and to the surveyor of the provided a fresh forfeiture, and have failed to diction, that there is exactly the same provis- || port. provide for the old rule of evidence, and there- ion for a proceeding against goods forfeited in My experience is (and I have had a little fore that rule no longer applies; and half the this section as there is against the person who || light upon what I am going to say) that the judges of the country will decide so. has incurred the penalty-exactly as much and customs officers of the United States have but however, my opinion that the law is the other
But it appears to me to be perfectly || in rare instances ever instituted prosecutions way; but at all events if we have the cause of plain that there is no provision for a proceed. || against persons, when they could seize the forfeiture in we had better have the law of ing, in the proper sense of the term, against | goods, and then the persons would fail to claim evidence in.
either. The section is merely penal. As ap- them, would abandon them, and thus allow a Mr. JOHNSON. It will do no harm. plied to goods, the necessary penalty must be division of the goods that would be profitable Mr. EDMUNDS. Certainly not
forfeiture, because that is the only way you can to the oslicers. I can state in reference to the Mr. MORRILL. I will settle this question | punish the thing. As to the person, it is fine. port of San Francisco alone, that in proportion then. We are in the Senate now, and I move The section, therefore, declares that goods to the amount of business done, which is very to strike out the amendment proposed in com- brought in under the prohibited circumstances great, as many attempts have been made at mittee.
shall be forfeited, and that the person who smuggling or fraudulent importation as, perThe PRESIDENT pro tempore. An amend. || brings them in shall suffer a fine. That is all. haps, at any other port in the Union; and the ment to the amendment is in order.
It does not organize the court which is to con- cases are few and far between (perhaps there Mr. MORRILL. I maintain that the clause demn the goods; it does not organize any never have been half a dozen all told) where as it stands is obviously useless, for this reason: admiralty or maritime or seizure court, and prosecutions have been instituted and carried the section does not provide nor propose any provide for libels and answers and claims and out against the persons engaged in perpetrating remedy for goods forfeited; that is provided | proofs and decrees. It does not organize any the crime. On the contrary, my opinion is for by the act of 1799, which also provides the common-law court, with a jury, to hear, try, and I have filed at the Treasury Department rule upon which the trial of the proceeding || and determine an indictment against the de- before this time, official cvidence going to show shall be had, and therefore it is not necessary fendant for a violation of this law; but it sim- upon the sworn affidavits of subaltern officers in this bill. Now, the only reason for stating | ply, as applied to each class of the objects, of the customs at that port, that again and again the rule of evidence in this bill is because, con- provides for imposing a penalty. The penalty | information was presented to the collectors, trary to all the other acts, we propose to pro; against goods is forfeiture necessarily; the pen- naval officers, and surveyors that fraudulent ceed against the person by a prosecution, and alty against the person is fine. Now, then, as importations were being made, that the laws in proceeding against the person by a prosecu- applied to goods, the committee thought it were being violated, and the criminals pointed tion we say the burden of proof shall be on him necessary to introduce an amendment to the out, but those officers in place of causing arin certain conditions. Now, it would be per- original bill which declares a forfeiture of rests to be made and stopping the crime there, fectly incongruous to say that in a proceeding, | goods; and they have thought it necessary to refused to do anything of the kind, but bided which is the only one provided for by this bill, introduce as against the person a clause which their time until such a period as they could against the person, cases of seizure shall be provides for a penalty. Then they thought it seize the largest amount of goods, and then proceeded with in a certain way; that is, in a necessary as to both classes of cases, because, upon an abandonment of the goods by the parproceeding, the only one provided, which is as the amendment originally stood, it applied tics who perpetrated the crime, where there against the person, you are to make your evi- to both, that the onus probandi should be upon could be a division of the goods with them, dence apply to cases of seizure. That raises the defendant where probable cause was shown. they abandoned the prosecution and the prosthe question, and it is the only question raised. I thought it wise, upon the argument of my ecution was never pressed.
Mr. EDMUNDS. I should like to inquire, friend from Maryland, who demonstrated, as Now, I undertake to say—I cannot speak in this precise connection, what was the pur- it appears to me, the propriety of such a rule with certainty, for I am not sufficiently acpose of the Committee on Commerce in intro- in an ordinary criminal cause, to limit the ap- quainted with the law-that it will be found ducing into this section the amendment in the || plication of that rule to those cases which were upon an investigation that the existing laws, eighth line reënacting the law as to the for- | analogous to the old limitation as applied to without this portion of the act before us, are feiture of goods. Why did the committee that description of proceeding. That amend- sufficient already for the punishment of persons amend by inserting that clause? It is the law ment has been agreed to, and I hope it will not engaged in infracting and violating the law; already. be stricken out.
and that the better remedy to compel that to Mr. MORRILL. No, I do not say it is the Mr. CONNESS. I desire to ask the honor- be done would be to take away this immense law already; but I say if you proceed against able Senator from Maine, who has reported incentive that exists under the present law in the goods as for forfeiture the remedy is that this bill and prepared this section particularly, || the profits which are given to customs oflicers provided for by the act of 1799.
if it has been found that without this section, by the seizure and confiscation of goods. I have Mr. EDMUNDS. Yes; but what is the which proposes a penalty as against the person heretofore suggested to the Treasury Departobject of introducing into the section this fresh and proposes to put the burden of proof upon ment that the law be changed in that respect, clause relative to the forfeiture of the goods ? || the person charged with the offense, the exist- and one of the Secretaries, I believe, was in
Mr. MORRILL. Because the forfeiture of | ing law is insufficient. Is the reason for pre- favor of it; indeed, he told me on one occathe goods depends on the manner in which they paring and introducing this section that it has sion that he would recommend such a change shall be introduced into the country:
been found that the existing laws providing for as would give a reasonable per centage to the Mr. EDMUNDS. It always has, has it not? a penalty against the person are insuflicient? officer, and make it not so much his duty to
Mr. MORRILL. No, sir; not as provided Mr. ÞORRILL. In the judgment of the compromise with crime and get the goods as it for in this section.
Treasury Department, that was so. The bill was under the existing law. If really the diffiMr. HENDERSON. This permits a seizure was framed at the Treasury Department as culty is in what I point out, if the reason why in such cases as were not provided for before. originally expressed.
persons have not been prosecuted and convicted Mr. MORRILL. That is what I say. It Mr. CONNESS. I would sooner take the is that this great incentive exişts, the incentive adds additional circumstances under which opinion of some of the gentlemen of the Sen- should be removed and the law allowed to goods shall be forfeited.
ate who are prtctitioners of the law, members remain as it is in this respect and officers comMr. EDMUNDS. If that be true, then most of the bar, than the opinion of the Treasury pelled to do their duty under the law. certainly there is a new forfeiture here, not Department on such a point. I think I can I apprehend that the Treasury Department already provided for, and we must in that case throw some light on this case.
are entirely in the fog, entirely in error in this apply the new onus probandi or we shall lose it. Mr. MORRILL. I thought the honorable respect. They have arrived at their conclu
Mr. MORRILL. That does not follow by Senator asked as to the fact, not as to the law. sions by the Commissioner of Customs, and any means. All I mean to say, and all that it Mr. CONNESS. I desire to be understood, other officers in that Department. They saw is necessary to say
for this argument, is that because I think I understand something about that there were a great many seizures and but there is no provision in this section for a pro- || the difficulty that lies behind this section. My few criminal prosecutions; and the disparity cedure against the goods; there is no pro- | question was, did those who prepared this sec- between the fraudulent importations and the vision in this bill to proceed against the goods ; tion prepare the provisions that are made here consequent seizures and the number of
proseand therefore the idea of providing for the as against the person who commits the offense cutions, led them to the erroneous conclusion
39TH CONG. 1st Sesa.--No. 163.
that some additional statutory enactments were amended; but if I understand the amendment I hope it will be stricken ont. I did not so necessary to prevent that condition of things. of the Senator from Missouri, it does not differ understand it at first.
I have no doubt, from the knowledge I have materially from the amendment proposed by The amendment was non-concurred in. of these affairs that has come to me now for a the committee.
Mr. McDOUGALL. I ask the permission series of years, that what I state is really the Mr. HENDERSON. The difference is this:
of the Senate to call up, with a view to its read. condition of the case, that the law is suflicient my amendment declares that upon the estab
ing, the veto message received some time since already for the punishment of the crime; but lishment of a fact a presunption shall arise ; from the Executive. that as long as the reward is so great for com- whereas as it now stands it leaves to the court Mr. CHANDLER. Let us finish this bil promising crime you cannot punish any per: at any stage of the proceedings to declare that
first. We can dispose of it in five minutes. son. Now, the question is whether you shall the defendant is guilty and that it devolves on Mr. McDOUGALL. I only desire to have make your laws unnecessarily vindictive and him to show his innocence. My amendment
the message read, which should be done at once throw the burden of proof, in the trial of a establishes a rule, instead of leaving it entirely
out of respect to the Executive, and then it can person, upon him, when under the law, as it in the breast of the court.
be ordered to be printed and go over until toexists, no sufficient effort has ever been made Mr. MORRILL. I understand it to be subto convict.
stantially this, that provided the Government Mr. MORRILL. Let us dispose of this bill Mr. MORRILL. I move to amend the shall establish the fact of the illegal importa- before taking that up. We shall be through in amendment by striking out the words “ in tion or the fact that aid and assistance were
a very short time. cases of seizure” from the words which the given to facilitate the transportation, then upon Mr. McDOUGALL. Very well. amendment proposes to insert.
the proof of those facts the inference of guilt The next excepted amendment was to strike The amendment to the amendment was shall follow.
out the nineteenth section of the bill in the fol. agreed to; there being, on a division-ayes The PRESIDING OFFICER. The Chair lowing words: 18, noes 9.
thinks the amendment of the Senator from Mr. EDMUNDS. I now move to strike out Missouri is not in order at this time, as it pro
Sec. 19. Anıl be it further enacted. That nothing in
this act contained shall be taken to abridge or limit the whole.
poses to strike out that which has been partly any forfeiture, penalty, fino, liability, or remedy pro Mr. FESSENDEN. That is the very ques
vided for or existing under any law now in force. concurred in and partly not concurred in, and tion now.
the very question is whether the Senate will Mr. MORRILL. That section, I am in. Mr. EDMUNDS. If it is proper to amend concur in that portion.
clined to think, on further retlection, ought to the amendment reported by the Committee of Mr. HENDERSON, I withdraw it for the
remain. It was stricken out after the bill was the Whole, in one respect it is in all. Now, present.
sent to the committee, and the committee gave I move to amend the pending amendment by The PRESIDING OFFICER. The question || their assent to striking it out; but since action strikinį; out the words and the guilty knowl- || is, Will the Senate concur in the amendment
was taken on striking it out yesterday, I have edge of the defendant, when convicted of the made as in Committee of the Whole, as
been to the Treasury Department, and I am fact, shall be presumed unless he or she shall amended ?
afraid that if that section is stricken out cerprove the contrary ;' and also the provision Mr. HOWE called for the yeas and nays,
tain rights of the Government in forfeitures that the burden of proof shall lie upon the and they were ordered ; and being taken, re.
and penalties which have been provided for in defendant where probable cause is shown. sulted-yeas 25, nays 15; as follows:
former acts will be impaired. No harm can Mr. FESSENDEN. I suggest to the Sen- YEAS-Messrs. Chandler, Cragin, Creswell, Fes
arise from its being in the bill, and it is safest, ator that he will meet it more simply by just senden, Foster, Grines, Guthrie, Howard, Kirkwood, on the whole, I think, to allow the section to taking the vote on concurrence with the amend
Lane of Kansas, Morgan, Morrill, Nye, Pomeroy, stand. I therefore hope that the Senate will
Ramsey, Sherman, Sprague, Stewart, Sumner, Van ment made in Committee of the Whole. If Winkie, Wade, Willey, Williams, Wilson, and
not concur in the amendment striking out that that be rejected, if we do not concur, then he Yates-25.
section. can move to strike out the words which may NAYS-Messrs. Buckalew, Conness, Davis, Dixon, Mr. EDMUNDS. I
agree with my friend Doolittle, Edmunds, llarris, Henderson, Hendricks, remain. Ilowe, Johnson, McDougall, Norton, Poland, and
from Maine that the section ought not to be Mr. EDMUNDS. If that is the whole of Trumbull-15.
stricken out, but I suggest to him whether it
ABSENT-Messrs. Anthony, Brown, Clark, Cowan, the proposition it is the same question.
would not be well to add " except as herein Lane of Indiana, Nesmith, Riddle, Saulsbury, and Mr. F'ESSENDEN. If we reject the amend- Wright-9.
otherwise specially provided," so as to guard ment a motion can be made to strike out the So the amendment as amended was con
against any double forfeitures or double penoriginal words, and in that way he can put
alties. curred in. all out.
Mr. FESSENDEN. That can be done afterMr. EDMUNDS. If I correctly understand
The next excepted amendment was in sec
ward. Let us non-concur first in the amendthe present question it is on agreeing to the tion seven, line three, after the word “days,''
ment to strike out the section, and then the to insert "after the facts shall come to their amendments reported by the Committee of the || knowledge;" so that the section shall read:
Senator can amend it. Whole, and one of those amendments reported
The amendment was non-concurred in. That it shall be the duty of the several collectors by the Committee of the Whole has just been of customs to report, within ten days after the facts
Mr. EDMUNDS. I now move to amend amended by striking therefrom the words which shall come to their knowledge, to the district attor- this nineteenth section by adding the words, the Senator from Maine [Mr. Morrill) pro
ney of the district in which any fine, or personal pen-
"except as herein otherwise specially proposed to strike out. Now, having agreed to the United States relating to the revenuc, a state
vided." that, the amendment reported by the commit- mont of all the facts and circumstances, &c.
The amendment was agreed to. tee or what remains of it meets my disapproval Mr. EDMUNDS. As the law now stands, if The next excepted amendment was in secdecidedly. I entirely agree with the Senator || I correctly understand it, it is the duty of the || tion thirty-three, line seventeen, after the from Maryland that it ought not to be adopted || collector of customs or other customs officer word “when’ to insert the word "any;" and as it now stands. If that is the whole of the making a seizure to report that seizure to the also to strike out the letter bóg” in the word amendment we can take the question just as district attorney within ten days after the seiz: "oflicers;' in line nineteen to strike out the well upon agreeing or disagreeing to the amend- ure in order that proceedings may be instituted word "make" and insert "furnish information ment. Is that the whole of the amendment against the property, when the claimant may, to he collector leading to a ;' in line twenty to now pending?
by giving bail or other security, receive his strike out the final 's in the word "seizures;'! The PRESIDING OFFICER. The Chair || property from the officer, and a trial may be and also to strike out the word "they” and understands it to be the whole of the amend- had. This amendment proposes to change insert the word "he;"' and in line twenty-one ment.
that law, and to only make it the duty of the after the word “distribution” to insert the Mr. EDMUNDS. Then I ask for the yeas collector to report to the district attorney after words “ with such collector, naval officer, or and nays on the adoption of the amendment. the facts come to his knowledge.
That means Mr. HENDERSON. Is it in order to amend
surveyor;' so that the proviso will read: all the facts, I take it; and he may therefore Provided, That when any officer of the customs, that portion by moving to strike out the same postpone making a report to the district attorney other than the collector, naval officer, or surveyor, matter and insert other matter? as long as in his discretion it may seem to be
shall furnish information to the collector leading The PRESIDING OFFICER. The Senator
to a seizure he sball be entitled to an equal share of desirable. The consequence will be that the the distribution with such collector, naval officer, or will state his amendment.
district attorney cannot take any proceedings Mr. HENDERSON. I desire to strike out against the property until he gets this report, Mr. MORRILL. I desire to make a single the whole of thę matter in this section aster and the claimant cannot take any proceedings statement about that provision and the effect the word "and,” in line thirteen, and to in- or steps whatever to recover the possession of of it. As the law now is, one half the money gert:
the property until that is done. In my judg. | arising from seizures is distributed among the In all cases where it is proved that any person has ment, it is giving too large a discretion to the collector, surveyor, and naval officer. imported or brought into the United States, or assisted
collector of customs to effect a purpose of that Mr. JOHNSON. Equally? in so doing, any goods, wares, or merchandise contrary to law, and in cases where any person shall description. I hope, therefore, that this amend- Mr. MORRILL. Yes, sir; one half of the receive, conceal, buy, or sell any such goods, wares, ment will not be concurred in, in order that whole seizure is distributed among those offior merchandise contrary to law, it shall be presumed
it may be made the duty of the collector or that such person had guilty knowledge of such viola
As it has been amended, this proviso is tion of law, and the burden of showing the contrary the informing officer to report to the district that the one half shall be divided between the shall be upon the party so offending.
attorney within a definite time after the seizure, collector, naval officer, or surveyor, and any Mr. MORRILL. I do not suppose it is in as the law is now.
other officer of the customs furnishing the infororder to move that at this time. The question, Mr. MORRILL. I am satisfied that the mation leading to the seizure, and that would I think, must be on concurrence in the amend- Senator is right, and that the amendment is include appraisers, measurers, &c., which is ment made as in Committee of the Wholo, as obnoxious to the difficulties he suggests, and said to be against the policy of the law. On
account of the peculiar duties attached to those clause down to and including the words “ make no motion in regard to it. I move furofficers they have always been excluded. There enue and" in the tenth line.
ther to amend the bill in section thirty-one, is no necessity for any change of the law so The PRESIDING OFFICER. The ques. line twelve, after the word “naval officer,'' to far as informers are concerned. The commit- tion is on concurring in the amendment made strike out the words "surveyor of customs;’' tee were under a misapprehension when they as in Committee of the Whole striking out this so that it will read: amended this proviso, thinking it ought to be section.
That the Secretary of the Treasury be, and he extended to all persons who gave information. The amendment was non-concurred in. hereby is, authorized, whenever he shall think it That is the law now. We have only, therefore, Mr. MORRILL. I now move to strike ont
advantageous to the publie service or revenue, to
abolish or suspend the oflice of naval officer, or any added a further division between another class all of the section after the word "that” in the
subordinate olice, in any collection district of the of officers, which I am told at the Treasury || first line down to and including the words United States, &c. Department is against the policy of the law, on revenue and" in the tenth line.
The amendment was agreed to. the ground of the peculiar duties that they per- Mr. JOHNSON. That will not do. You Mr. EDMUNDS. I wish to move an amendform. They are measurers and appraisers, will have to change it further.
ment to the third section of the bill. It is to whose duty it is to fix the value of the goods, Mr. MORRILL. Why?
add the following proviso: and therefore they ought not to be subject to Mr. JOHNSON. Because the subsequent
Provided, That no railway car or engine shall be this temptation. I hope, therefore, the amend- part of the section refers to what you propose subject to forfeiture by force of the provisions of this ment will be non-concurred in and then I pro- to strike out. It reads, “and the said Secre- act, unless it shall appear that the owner, or agent of pose to strike out the whole of that proviso. tary shall have the same power."
the owner in charge thereof at the time of such
unlawful importation or transportation thereon or The amendment was non-concurred in. power?
thereby, was a consenting party, or privy to such Mr. MORRILL. I now move to amend that
Mr. MORRILL. Then I will strike out the illegal inportation or transportation. section by striking out the proviso at the end word “samer
It is well known to everybody on the northof it, in the following words:
Mr. JOHNSON. Then what "power" is ern frontier that it is perfectly impossible for Provided, That when officers of the customs other referred to?
railway companies to guard against the introthan the collector, naval officer, or surveyor shall Mr. FESSENDEN. My impression was, duction of contraband goods, to some extent make seizures, they shall be entitled to an equal after reading the section, that it could not be or other, in their trains. They take, like a share of the distribution,
amended; that it had better be redrawn. carrier by the sea, the manifests and invoices The amendment was agreed to.
Mr. MORRILL. There is no difficulty in of the owner, and the contents of the packThe next excepted amendment was to strike the particular referred to by the Senator from ages are stated, and they put them in their out the thirty-fifth section of the bill, in the Maryland, because the Secretary has the power trains and bring them along. Now, by the following words:
now to pay the incidental expenses that have force of this section as it stands, while in the SEC. 35. And be it further enacted, That in all cases been incurred.
same case a steamboat on Lake Champlain or in which the fees and emoluments received by any Mr. FESSENDEN. If he has the power Lake Michigan, for instance, would not be collector or other principal officer of the customs are, in the opinion of the Secretary of the Treasury, insuf
now there is no need of the section, and you forfeited by bringing in a contraband package, ficient to afford a reasonable compensation for the had better strike it all out.
a railroad train from Montreal to St. Albans, services of such officer, after payment out of the Mr. JOHNSON. I think it had better be in Vermont, or from Montreal to Portland, in same of reasonable incidental expenses of the office, the said Secretary may direct that so much of the said
kept in, because they get nothing down there Maine, would be subject to forfeiture. That incidental expenses as shall scem to him to be just
Í suggest to my friend from Maine [Mr. | I believe to be unjust ; and therefore my obshall be paid out of the appropriation for paying the MORRILL] that the section had better remain ject is to limit these cases of forfeiture on expensca of collecting the revenue; and the said Secretary shall have the same power in regard to incias it was originally drafted.
railway trains doing an immense business, and dental expenses which have heretofore been incurred
Mr. McDOUGALL. I desire now to renew which cannot get information about all these and which have not been settled and paid into the the suggestion I made a short tivie since, as things, to cases where the conductor in charge, Treasury; and all fees paid into the Treasury by customs officers shall be placed to the credit of the
there seems to be some misunderstanding and the agent of the owners, had guilty knowledge fund for defraying exponses of collecting the revenue difficulty about this bill, that we take up some of the fact. from customs.
other business that belongs to the business of Mr. FESSENDEN. I wish to ask the SenMr. JOHNSON. I should like to know of the day. I therefore move to postpone every
ator from Vermont if he has looked at that the Senator from Maine the reasons for strik- thing else and take up the message of the Pres- section ; I have not; but I have got the iming out that section.
ident of the United States returning with his pression that it gives extraordinary powers Mr. MORRILL. I will state all I know in objections the bill for the admission of Col- with reference to stopping railroad trains. regard to it. It will be seen that this section orado into the Union.
Mr. MORRILL. No, sir; it does not mengives the Secretary of the Treasury authority Mr. FESSENDEN. I hope that will not be tion railroad trains. to pay the expenses at places where the rev- taken un to-night. It is very late.
Mr. FESSENDEN. But it speaks of all enue does not produce sufficient to meet the Mr. WILSON. Has the bill to prevent sorts of vehicles. Now, if the officer, because expenses in certain ports. It confers additional smuggling been disposed of?
he finds two or three contraband packages, is power to meet such cases. The necessity for The PRESIDING OFFICER. That bill is to take the whole train into his possession, it it, it is said, has arisen in the southern ports. still before the Senate.
would create a confusion with regard to transThe committee had no evidence when it struck Mr. MCDOUGALL. I have possession of portation that would be very onerous indeed, out this section of any such case, and had no the floor and have not yielded it.
and that ought to be guarded against. That information of the necessity for it. The infor- The PRESIDING OFFICER. The Senator kind of transportation does not stand like any. mation that I have obtained at the Treasury from California is entitled to the floor.
thing else. A train is a vehicle, according to Department this morning is that it is neces- Mr. McDOUGALL. I insist on my motion the definition given here, and if the officer sary to meet a certain class of cases that have that all other business be suspended, and that finds that there are smuggled goods on board arisen in the insurrectionary States. In open- the Senate proceed to the reading of the mes- he is to take possession of the vehicle, the ing ports there the business is light, the ex- sage of the President of the United States car, the engine, &c. Now, where these trains penses are large, and this additional authority returning the Colorado bill to this body. are coming from another section the conseis deemed by the Secretary of the Treasury to Mr. MORRILL. I am very desirous of dig- quence would be that if an officer found any be necessary to meet the new state of circum- posing of the bill before the Senate. I think contraband packages on board he would stop stances.
we can pass it in five or ten minutes more. the train and take possession of it. That Mr. JOHNSON. Why do you propose to
Mr. MCDOUGALL. Oh, no; it cannot be would create infinite difficulties, because a strike it out? done.
railroad train is so unlike any other kind of Mr. MORRILL. We struck it out before we The PRESIDING OFFICER. Does the transportation; and that ought to be carefully knew these facts, and the question now is on Senator from California withdraw his motion ? guarded against. If Senators have examined concurring in the amendment to strike it out. Mr. McDOUGALL. I only want to have the section carefully, so as to be sure that that
Mr. FESSENDEN. I will inquire of my the message read and ordered to be printed; consequence would not follow, and it would colleague whether the object sought to be ob- that is all.
create no particular difficulty, I will not object. tained cannot be accomplished substantially by Mr. MORRILL. You had better withdraw I have not examined it myself sufficiently to retaining the last part of the section. Hereit for the present.
determine that question. tofore in the disturbed condition of things in Mr. MCDOUGALL. Very well.
Mr. EDMUNDS. I think we shall be obliged the southern States it may have been necessary The PRESIDING OFFICER. The motion to submit to the inconvenience which has been to ineur additional expense in this way; but is withdrawn, and the question is on the amend- mentioned by the Senator from Maine. It will now that there is no such trouble down there, ment of the Senator from Maine to the thirty- | be impossible to have the inspection laws vig: I am a little averse, unless very good reasons fifth section of the bill.
orously and faithfully executed unless the ofili can be given for to clothing the Secretary Mr. MORRILL, I withdraw that amend- cer has power to stop a train for the purpose of the Treasury with the power to increase, ment. It has been suggested to me that the of inspection, if he thinks it necessary and according to his own judgment, the compensa- || section had better stand as it is in the bill. proper to do so, just as he may stop a vessel tion of officers. I think, from a casual glance I will inquire how the question stands in or anything else. Of course, it is a large I had of it, we might make a distinction between regard to that section.
power, and may be abused; but I am satisfied, the two classes of cases.
The PRESIDING OFFICER. The Senate from the means of observation I have had, that Mr. MORRILL. Very well. I hope the did not concur in the amendment made as in it is a power which it is necessary for the proSenate will non-concur in the amendment to Committee of the Whole, and therefore the tection of the revenue should be confided to strike out the section, and then I will move to section now stands in the bill.
these ofhcers. There is not much danger of amend it by striking out all after the enacting Mr. MORRILL. Very well; then I will their abusing this power of inspection. They
IIOUSE BILL REFERRED.
must have the power to stop the train for the and will receive no such construction, I do not call for the yeas and nays. I want to see purpose of inspection. That is about the sub- care to press it.
whether-stance of it.
The PRESIDING OFFICER. The Sena- Mr. SUMNER. Order! Mr. FESSENDEN. I know that ; but if the tor from Wisconsin withdraws his amendment. Mr. McDOUGALL. Mr. President, I adtrain is to be forfeited then, of course, they Mr. HOWE. I will suggest another amend- dress you, and I have the floor. When a mes. take possession of the train.
ment, in section three, line thirty-nine, to strike sage comes to this body from the President of Mr. EDMUNDS. I propose to provide for out the word “appoint," and insert the words the United States, without regard to the indithat in the amendment which I have offered. “for the employment of;" so that the clause vidual, but out of regard to bis high othice, it Mr. MORRILL. I should like to have the will read:
is, as a matter of courtesy, the duty of the Senamendment read at the desk.
And the Secretary of the Treasury may from time ate on the first opportunity to hear what he The Secretary read it.
to time prescribe regulations for the search of per- may have to say why he did not indorse the Mr. MORRILL. The difficulty that occurs
sons and baggage, and for the employment of female
proceedings of the two Houses of Congress. to me is about establishing the ownership. The of their own sex.
That is a courtesy that has always been oblanguage of the amendment is the owner or The amendment was agreed to.
served, and never unobserved, I think, until agent of the owner." Ought it not to be so
The amendments were ordered to be en
this day; at least, this will be the first time broad as to include any of the agents of the
when it has been refused. company, the conductor or any ofiicer?
grossed and the bill to be read a third time. Mr. HENDRICKS. I do not think a train It was read the third time and passed.
Mr. FESSENDEN. I will simply say in
answer to that ought to be forfeited for the act of the con
Mr. McDOUGALL. I am speaking to the ductor.
The joint resolution (H. R. No. 134) relative | question, sir. It is in the course and order of Mr. EDMUNDS. That part of the amend
to appointments in the Military Academy of proceeding that a message of the President of ment provides that if the responsible party, the United States was read twice by its title, || the United States should be read to the House the manager in charge of the train, has the and referred to the Committee on Military to which he sends the message on the first guilty knowledge, then the train or car is subject | Affairs and the Militia.
opportunity, not interfering with the pending to forfeiture; but if the responsible manager, or CONSULAR AND DIPLOMATIC BILL.
business; and that would be the pending the conductor, is not guilty of any impropriety, then I think it would be too hard, if the engine
Mr. FESSENDEN. For the purpose of
business of the moment. It should have been
read some hours since. It has not been read driver, or stoker, or brakesman should happen having the bill which I wish to take up in the
as yet. I do not know what it is. I want to to be smuggling in a small keg of brandy, that morning left as the unfinished business, I move
see what advice is contained in the counsel he the owner should be subjected to the forfeiture
that the Senate proceed to the consideration of the train for that reason. of the consular and diplomatic appropriation States and to other Senators of the United
may convey to me as a Senator of the United I think that is
bill. going too far. Mr. CHANDLER. Then say the agent of
Mr. SUMNER. There is House bill No. 11,
States; for under the system of Government
under which we live, when the tribune of the the company.
on which the Senate has been engaged for Mr. EDMUNDS. I have said the owner, several days, and on which we are just on the
people says, “I forbid'' for "I have cause;
I think you are in error; I think passion may and that must be the company or the private verge of a vote, which I think had better be
have been uppermost and reason may have person who owns the car or engine. Many of Nir. HISSENDEN. What will is that? been overthrown ;'' we should receive his mesthe northern roads are not owned by companies, but by private persons, who are trustees. "Hence
Mr. SUMNER. It is the New Jersey rail
sage with all the consideration which belongs
to a high body of which he is an equivalent, road bill. the term “ owner, or agent of the owner in
not a superior. It has come here, and has been charge,'' it appears to me, covers both classes of controlling parties, the proprietor or the through with that for six weeks to come.
on our desk, now, for hours. There is, it seems agent of the proprietor who has control of the
Mír. SUMNER. We have got to the end of
to me, a perverse, adverse spirit not disposed train. If any language can be found to express the discussion upon it.
to extend to his statement of his objections the idea better, I shall certainly be very glad to
Mr. FESSENDEN. I shall not withdraw
the courtesy that always has been extended to
men who occupied his high place in years gone my motion for that. The PRESIDING OFFICER. The Sen
by. We are not happy in wandering from our Mr. MORRILL, I do not know but that ator from Maine moves to take up the bill
former paths. We are wandering, and wan. that answers the purpose; but it seems to me it will not be possible to bring a guilty knowl(H. R. No. 261) making appropriations for the dering into the wilderness. How soon we may
get lost, none but Him alone knoweth. I say edge of the fact to the owner. consular and diplomatic expenses of the Gov.
it is our bounden duty to hear that message Mr. EDMUNDS. It is in the alternative.
ernment for the year ending June 30, 1807, || read now, and have it printed for the advice
and for other purposes, Mr. CHANDLER. Say “ owner or agent. Mr. SUMNER. I should like to interpose and printed; and that is the motion which I
of the Senate. I ask that it may now be read Mr. EDMUNDS. That is exactly the lan
the other bill. guage of my amendment.
Mr. FESSENDEN. The Senator can try
made some time ago, when I had the floor, but Mr. FESSENDEN. Had you not better put
waived it. It is my right to move it now, and in the word “superintendent?”: All these a vote upon it. You cannot interpose it unless
I make that motion that the message be read companies have superintendents. you vote my motion down.
and printed. Mr. EDMUNDS. Very well; I have no obMr. SUNNER. Then I hope the Senate
Mr. FESSENDEN. The question now is jection to inserting the word “superintendent”
will not take up the appropriation bill until after the word owner," or in place of it, as the other bill is disposed of.
simply on the call for the yeas and nays, as I Mr. TRUMBULL. Let us adjourn.
understand it, on the motion to go into execumay be most agreeable.
Mr. SUMNER. Very well; I think we had Mr. CLARK. Let the amendment be read better adjourn.
The PRESIDING OFFICER. On the mowith that word in. The PRESIDING OFFICER. The amend
Mr. FESSENDEN. Oh, no; let us have a
tion to go into executive session the Senator
from California asks for the yeas and nays. vote on this question first. ment will be read as modified.
The PRESIDING OFFICER. The question
Mr. FESSENDEN. That is the motion The Secretary read it, as follows: is on the motion of the Senator from Maine.
before the Senate, and the only one that can Prorided. That no railway car or engine shall be The motion was agreed to—ayes twenty, noes
be in order. They have not yet been ordered. subject to forfeiture by force of the provisions of this
Mr. McDOUGALL. Very well: I trust they act unless it shall appear that the owner, superinnot counted.
will not be ordered until this thing be done. tendent, or agent of ihe owner in charge thereof at
Mr. FESSENDEN. I wish simply to say the time of such unlawful importation or transportation thereon or thereby was a consenting party,
Mr. FESSENDEN. I new move that the that if by any possibility the motion I bave or privy to such illegal importation or transporta- Senate proceed to the consideration of execu- made could be construed into any disrespect tion. tive business.
of the Chief Magistrate, that at this late hour The amendment, as modified, was agreed to. Mr. McDOUGALL. I have twice before we let his message go over until the morning Mr. HOWE. The second and third sections asked, and now again ask, for the reading of the before having it read, in order that we may of this bill speak of the seizure, search, and veto message of the President. I merely desire have a full Senate, I certainly would withdraw examination of all trunks, packages, and en- to have it read and printed. I want to see what it for that purpose: but as I hare no such velopes. It seems to me that language is it is. I am not informed. It is a matter of intention, and as the idea of disrespect to the broad enough to corer the United States mails. importance, and it should be read. That is all President is entirely imaginary, I shall insist I suppose it is not the purpose of the bill to I desire.
on my motion and let the yeas and nars be authorize the examination of the C'nited States Mr. STEWART. Take an order to print taken upon it if Senators call for them. That mails. without reading it.
is the motion before the Senate. Mr. MORRILL. Of course not.
Mr. McDOCGALL. No; it should be read Mr. McDOLGALL. I do not charge the Mr. HOWE. I propose to offer an amend- and printed.
Senator from Mainement to prerent such a construction,
Jr. FESSENDEN. I insist on my motion. The PRESIDING OFFICER. It is the duty Mr. EDMUNDS. There is no danger of Mr. McDOUGALL. This can be done in of the Chair to suggest that on the question of such a construction being placed upon this five minutes.
going into executive session extended debate language. It is the language usually employed : The PRESIDING OFFICER. The ques-, is not allowed in the Senate. in these bills,
Hition is on the motion of the Senator from 1. Mr. McDOLGALL. I shall no: go beyond Mr. HOWE. If gentlemen are perfectly Maine.
the question of going into esecutire session. confident that it will bear no such construction, i Mr. McDOUGALL. On that question, I The PRESIDING OFFICER. Upon that
question a mere expression of opinion is diers' and Sailors' Orphan Home, was taken soon as Brazil shall have perforined the condition on allowed
from the Speaker's table, and read a first and her part provided in the law authorizing said serMr. MCDOUGALL. I will confine myself second time.
vice;" so it will read:
Sec. 2. And be it further enacted, That the following to that, and all my remarks have relation to It proposes to authorize the Secretary of
sums, or so much thereof as may be necessary. be, that.
War to grant the use of lumber, not demanded and the same are hereby, appropriated for the year The PRESIDING OFFICER. But the by the Department for immediate use, for the ending June 30, 1867, out of any money in the Treasquestion of going into executive session is not
ury not otherwise appropriated. erection of temporary buildings in the city of debatable.
Mr. KASSON. The committee recommend Washington for the national fair for the benefit Mr. MCDOUGALL. Very well. Allow me
concurrence. of the Soldiers' and Sailors' Orphan Home.
The amendment was concurred in. to remark, then, to the Senator from Maine- The joint resolution was ordered to be and I want it marked down with exact periods- || engrossed for a third reading; and being en
Third amendment: this is the first time that for hours a message grossed, it was accordingly read the third time Add the words just stricken out, so that the parafrom the President upon an important public and passed.
graph will read: question, a brief message, requiring no time Mr. LYNCH moved to reconsider the vote
For the mail steamship service between the United
States and Brazil, $150,000: Provided, That this apto read it, has been denied a hearing in the by which the joint resolution was passed; and propriation shall take effect only when Brazil shall Senate of the United States, when this was the also moved that the motion to reconsider be
have performed the condition on her part provided
in the law authorizing said service. body to whom the bill was returned; and I hold laid on the table. it to be a vindictive assault upon the Chief The latter motion was agreed to.
Mr. KASSON. The committee recommend Executive.
DUNDAS PATENT. The PRESIDING OFFICER. Upon the
The amendment was concurred in. motion to go into executive session the Sena
Mr. WASHBURNE, of Illinois. I ask
Fourth amendment: tor from California asks for the yeas and nays. unanimous consent to submit the following
Add: The yeas and nays were not ordered. resolution:
SEC. 4. And be it further enacted, That the PostmasThe PRESIDING OFFICER. The ques
Resolved, That the Sceretary of the Interior be ter General be, and is hereby, required to report to
directed to communicate to this House whether any the Secretary of the Treasury annually, prior to tho tion now is on the motion of the Senator from
application has been made for tho reissue of the 1st day of November of each yoar, his estimate of the Maine to proceed to the consideration of exec- Dundas patent for cultivator, and if so, by whom, money required for the service of the Post Office Deutive business.
and at what time, and upon what grounds, and to partment for the ensuing fiscal year; which estimate
transmit to this House copies of all the papers and shall be reported to Congress with the printed estiThe motion was agreed to ; and after some documents connected with the application; and also mates of appropriations required by the joint resotime spent in exccutive session, the doors to state what effcct it will have upon the agricultural lution of the 7th of January, 1816.
interest to reissue said patent and have the same were reopened, and the Senate adjourned.
Mr. KASSON. The committee recommend relate back and cover the essential improvements made since the year 1851. And also further to com
protect the interests of the public in regard to such
Add: The House met at twelve o'clock m.
Mr. JENCKES. I object to the resolution.
It is a
Sec. 5. And be it further enacted, That the balance The Journal of yesterday was read and
Mr. WASHBURNE, of Illinois.
of the appropriation of $100,000 under the thirteenth matter which strikes at the interest of every section of an act to establish a postal money-order approved. agriculturist of the country. It is only for
system, approved May 17, 1861, which may remain ADDRESS FROM SWISS CANTONS.
unexpended at the close of the present fiscal year, information.
inay be used as far as necessary to supply deficiencies The SPEAKER, by unanimous consent, laid Mr. JENCKES. I do not object to its intro- in the proceeds of tho money-order system during before the House an address from Swiss Can- || duction for reference to the Committee on
the fiscal year commencing July 1, 1866. tons in favor of emancipation, &c.;, which was Patents,
Mr. KASSON. The committee recommend referred to the Committee on Foreign Affairs, Mr. WASHBURNE, of Illinois. I desire concurrence. and ordered to be printed.
to get the information for reference to the The amendment was concurred in.
Sixth amendment :
Mr. JENCKES. It should come from the Add:
SEC, 6. And be it further enacted, That all adverconsent to present, that it may be printed, an
REIMBURSEMENT TO WEST VIRGINIA.
tising notices for proposals for contracts for the Post amendment which I intend to offer to House
Olice Department, and all advertising notices for bill No. 543, to provide for restoring to the
On motion of Mr. HUBBARD, of West Vir
proposals for contracts for the Executive Departments
of the Government required by law to be published States lately in insurrection their full political ginia, Senate bill No. 230, to reimburse the in the city of Washington, shall be hereafter adverrights.
State of West Virginia for moneys expended tired by publication in two daily newspapers in tha The SPEAKER. If there be no objection, for the United States in enrolling, equipping,
to no others: Prorided, That the charges for such the proposed amendment will be ordered to be and paying military forces to aid in suppressing publications shall not be higher than what is paid printed.
the rebellion, was taken from the Speaker's by individuals for advertising in such papers: ProThere was no objection. table, read a first and second time, and referred
viled also, The publications shall be made in each
of said papers equally as to frequency; and that the The amendment proposes to strike out all to the Committee of Claims.
circulation of such papers shall be determined upon after the enacting clause in the first section of Mr. WASHBURNE, of Illinois. I move to the 10th day of June annually; and tho publishers of the bill, and insert the following: reconsider the vote just taken; and also move
all papers competing for such advertisingshall furnish
a sworn statement of their bona fide paid circulation That whenever the abovo-recited amondment shall
that the motion to reconsider be laid on the of each regular issue for the preceding three months; have become part of the Constitution of the United table.
and shall in like manner certify under oath that such States, and any State latelyin insurrection shall have The latter motion was agreed to.
circulation has not, during the said three months, ratified the same, and shall have modified its consti
been increased by any gratuitous circulation, by a tution and laws in conformity therewith, the Senators Mr. HUBBARD, of West Virginia, also
reduction in price below the ordinary and usual price and Representatives from such State, if found duly elected and qualificd, may, after having taken the presented joint resolutions of the Legislature
of such papers, or by any other means, for the pur.
of obtaining the official advertising: Provided, required oaths of office, bo admitted into Congress as of West Virginia on the same subject; which
pose the charge for such advertising shall not bo such: Provided, That if any State after ratifying said were referred to the Committee of Claims, greater than is paid for the same publications in other amendment, and conforming its constitution and laws and ordered to be printed.
cities, or at a higher rate than is paid by individuals therewith, shall establish an equal and just system
for like advertising. of suffrage for all malo citizens within its jurisdiction
Mr. KASSON. The committee recommend who are not less than twenty-one years of age, the Senators and Representatives from such State shall Mr. BOUTWELL asked to be excused from concurrence in this amendment. There are be adınitted as aforesaid, without being requir service on the select committee on the Mem- one or two repetitions in it, but it is not worth await the action of other States on such amendment: And provided further, That nothing in this section phis riot.
while to send it back to the Senate. contained shall be so construcd as to require the dis- It was ordered accordingly.
The amendment was concurred in. franchisement of any loyal person who is now entitled to vote.
POST OFFICE APPROPRIATION BILL.
Mr. KASSON moved to reconsider the vote
by which the amendments were concurred in i LEAVE OF ABSENCE. Mr. KASSON, from the Committee on
and also moved that the motion to reconsider Mr. BROMWELL asked leave of absence Appropriations, reported back Senate amend
be laid on the table. for Mr. Moulton for ten days. ments to House bill No. 280, making appro
The latter motion was agreed to.
priations for the service of the Post Office
BREVET PROMOTIONS IN THE ARMY. AMERICAN COTTON COMPANY. 30, 1867, and for other purposes.
Mr. SCHENCK, by unanimous consent, Mr. ASHLEY, of Ohio, by unanimous con
introduced the folllowing resolution; which sent, introduced a bill to incorporate the Ameri
Insert at the end of the first section of the bill the was read, considered, and agreed to: can Cotton Company of the District of Colum
following: bia; which was read a first and second time,
Resolved, That the Secretary of War be directed to To enable the Superintendent of the Naval Obser
communicate to this Houso, at as early a day as pracand referred to the Committee for the District vatory to carry out the object of Senate resolution of Columbia. of March 19, 1866, for report of Isthmus routes to tho
ticable, a statement of every promotion by brevet of
oslicers in the regular Army made since the 12th day Pacific ocean, $1.500.
of April, 1861, and that ho indicate, in the list furSOLDIERS' AND SAILORS' ORPIIANS' FAIR. Mr. KASSON. The committee recommend nished, the absolute or full rank in the line or staff
of each officer so brevetted, the date of his brevet On motion of Mr. LYNCH, by unanimous concurrence.
appointment or nomination, the timo from which consent, a joint resolution (S. R. No. 88) au
The amendment was concurred in.
such brevet rank takes effect, whether the appointa thorizing the Secretary of War to grant the Second amendment:
ment or nomination has been confirmed by the Senuse of certain lumber for the fair for the Sol
ato, and if so, at what date; specifying, and setting Strike out tho following words: “To take effect so forth, also, in each case the particular "gallant ac