« ΠροηγούμενηΣυνέχεια »
which je may be assigned, and to return or account she shall be punished by a fine not exceeding $100, or of all the work done in the shop, but every for all stamps which may be placed in his hands. by imprisonment not exceeding thirty days. And Mr. STEVENS. I move to amend that any person furnished with such permit may apply to
journeyman and every apprentice working there the assistant assessor or inspector of the district to must keep his book and make out his nightly paragraph by inserting in line sixteen hundred
have any cigars of their own manufacture counted ; return to be handed to the assessor. and ninety-two after the word “boxes” the and on receiving a certificate of the number, for words “or paper packages;" so that it will which such fee as may be prescribed by the Commis
Now, I suppose that construction of this proread:
sioner of Internal Revenue shall be paid by the owner vision was never intended; but it is a construc
thereof, may sell and deliver such cigars to any pur- tion which has been put upon it. I know it And all cigars manufactured after the passage of chaser, in the presence of said assistant assessor or this act shall be packed in boxes or paper packages. inspector, in bulk or unpacked, without payment of
may be said that this is a sort of check upon Mr. MORRILL. That is right.
the duty. A copy of the certificate shall be retained the employer: the workmen are all made spies
by the assistant assessor, or by the inspector, who The amendment was agreed to. shall return the same to the assistant assessor of the
upon the employer. It may have that effect in Mr. MORRILL. In line sixteen hundred district. The purchaser shall pack such cigars in
some instances, but it is so entirely perplexing boxes or paper packages, and have the same inspected that very few workmen will be found who are and ninety-eight I move to strike out “one and marked or stamped according to the provisions willing to work under this provision if so conhalf of” and to insert in lieu thereof “and;''
strued. I know that in my town last year the and in lines sixteen hundred and ninety-nine inspected, to the assistant assessor of the district,
workmen refused to work, and turned out and and seventeen hundred to strike out the words pay the duties on such cigars within five days after paraded the streets until the assessors agreed “ to be paid to the informer, and the other purchasing them, to the collector of the district moiety to the United States;” and to insert in wherein they were manufactured, and before the
to take the returns of the employers and booksame have been removed from the store or building keepers, and dispense with the returns of the lieu thereof the following: "shall be distrib- of such purchaser, or from his possession; and any workmen. uted between the United States and the in- such purchaser who shall neglect for more than five former, if there be any, as provided by law;'' days to pack and have such cigars duly inspected,
Now, I do not know anything more irriand pay the duties thereon according to this act, or tating than this very provision requiring every so that the same will read:
who shall purchase any cigars from any person pot journeyman when he goes home at night to Any manufactured tobacco, snuff, and cigars, holding such permit, the duties thereon not having whether of domestic manufacture or imported, which been paid, shall be deemed guilty of a misdemeanor,
set down in his book and make out an account shall be sold, or pass out of tho hands of the manu
and be fined not exceeding $500, and be imprisoned of his day's work to be returned to the assessor. facturer or importer, except into a bonded ware- not exceeding six months, at the discretion of tho
This provision is very stringent upon the own. house, without the inspection marks or stamps affixed
court, and the cigars shall be forfeited and sold. one by the inspector, unless otherwise provided, shall be fourth for the benefit of the informer, one fourth for
ers, employers, and book-keepers, and it should forfeited, and may be seized wherever found, and the officer who seized or had them condemned, and not, I think, impose this task upon the laborshall be sold, and the proceeds of such salo shall be one half shall be paid to the Government. And if
ing classes. distributed between the United States and the in- any person, firm, company. or corporation shall former, if there be any, as provided by law, &c. employ or procure any person to make any cigars, Mr. MORRILL. I regret to be compelled The amendment was agreed to. who has not the permit or the indorsement thercon to
oppose the proposition of the gentleman required by this act, he,she, or they shall be punished Mr. GARFIELD. I move to amend near by a fine of ten dollars for each day he, she, or they
from Pennsylvania, (Mr. STEVENS.] I have the close of the paragraph by inserting the
shall so employ such person, or by imprisonnient not no doubt there is some hardship caused by this
exceeding ten days. And if any person shall be found word “shall” before the words “return to the
provision ; but I cannot conceive that it is any. making cigars without such permit, or toe indorsesaid Commissioner,'' &c. ment theroon, the collector of the district may seize
thing like the hardship that the gentleman has The amendment was agreed to. any cigars, or tobacco for making cigars, which may
represented. be found in possession of such person, and the same As I understand it, these parties are employed The Clerk then read as follows:
shall be forfeited to the United States and sold; and That section ninety-two be amended by striking one half of the proceeds shall be paid to the United
to make cigars by the thousand; and they have out all after the enacting clause, and inserting in lieu
States, one fourth to the informer, and the other to keep an account with their employers to thereof the following: that if any person other than fourth to the collector making the seizure.
show what they have done, and what their the manufacturer shall sell, or consign, or remove Mr. GARFIELD. I move to amend by wages amount to. The gentleman says that for sale, or part with the possession of any manufac- striking out the words or hers," "or she's they must make these returns every night; but tured tobacco, snuff, or cigars, upon which the taxes imposed by law have not been paid, with the knowl
"she or they," wherever they occur in this in point of fact they are not required to make edge thereof, such person shall be liable to a penalty paragraph.
the returns except once a montli. of $100 for each and every offense. And any person The amendment was agreed to.
Experience has taught us that without such who shall purchase or receive for sale any such tobacco,snuff, or cigars, which has not beun inspected, Mr. THAYER. I would ask the gentleman a provision as this in the law we have no clue branded, or stamped as required by law, or upon from Ohio [Mr. GARFIELD] if the word "assist- by which to reach the manufacturer and find which the tax has not been paid, if it has accrued or become payable, with knowledge thereof, shall ant" should not be stricken out before the word
out whether he makes a true or a fraudulent be liable to a penalty of fisty dollars for each and bassessor.'
return. The Government was formerly deevery offense. And any person who shall purchase Mr. GARFIELD. The gentleman is right.
frauded to a large extent by collusion between or receive for sale any such tobacco, snuff, or cigars, from any manufacturer who has not paid the special I move that amendment.
the manufacturer and the persons taking out tax, shall be liable for each and every offense to a The amendment was agreed to.
tobacco to manufacture for him. This provispenalty of $100, and, in addition thereto, a forfeiture of all the articles, as aforesaid, so purchased or re
Mr. THAYER. I move to amend by insert
ion has been found a very effectual one thus ceived, or the full value thereof. And every person, ing the words "wherein the same were manu
far in the practical operation of the law. It before making any cigars after the passage of this factured" after the words shall make a return
has been found, I believe, to be a sure preven. act, shall apply for and procure from the assistant
tive of collusion such as I have referred to. I assessor of the district in which he or she resides, a
of the same, as inspected, to the assessor of permit authorizing such persons to carry on the trade the district."
trust that the amendment will not be adopted. of cigar making, for which permit he or she shall pay The amendment was agreed to.
The question being taken on the amendsaid assistant assessor the sum of twenty-five cents.
ment, it was declared not agreed to. And every person employed or working at the busi- Mr. MORRILL. I move to amend, at the
Mr. STEVENS. I call for a division. ness of cigar making in any other district than that
close of the paragraph, by striking out the in which he or she is a resident shall, before making
Mr. MORRILL. As there is evidently not any cigars in such other district, present said pertnit following:
a quorum present, I move that the committee to tho assistant assessor of the district where so And one half of the proceeds shall be paid to the
rise. employed or working, and procure the indorsement United States, one fourth to the informer, and the of said assistant assessor thereon, authorizing said other fourth to the collector making the seizure.
The motion was agreed to. business in said district, for which indorsement the assistant assessor shall be entitled to receive from the
And inserting in lieu thereof the following:
So the committee rose; and the Speaker
having resumed the chair, Mr. Dawes reported applicant the sun of ten cents. And it shall be the And the proceeds of such sales shall be distributed duty of cvery assistant assessor, upon application of between the United States, the informer, if there
that the Committee of the Whole on the state any person residing in his district, to furnish a per- be any, and the collector making the seizure, as pro- of the Union had had under consideration the mit, or to indorse upon the permit of the applicant, vided by law. if resident in another district, authority to pursue
Union generally, and particularly the special the trade of cigar making within the proper district
The amendment was agreed to.
order, being bill of the House No. 513, to of such assistant assessor; and said assistant assessor Mr. STEVENS. One portion of this para
amend an act entitled “An act to provide shall kcep a record of all permits granted or indorsed by him, showing the date of cach permit, the name, graph reads as follows:
internal revenue to support the Government, residence, and place of employment of the party And every person making cigars shall keep an
to pay interest on the public debt, and for named therein, the name and district of the officer accurate account in a book of all the cigars made by other purposes," approved June 30, 1864, and who originally granted the same, or who may have him or her, for whom, and their kind or quality; and, made any subsequent indorsements thereon, and the
acts amendatory thereof, and had come to no if made for any other person, shall state in said acname or names of the party or parties by whom the count the name of the person or persons for whom
resolution thereon. person named in such permit is employed, or, if work- the same were made, and his or their place of busiing for himself or herself, stating such fact; and every ness, and shall, on the first Monday of every month,
MESSAGE FROM THE SENATE. person making cigars shall keep an accurato account deliver to the assistant assessor of the district a copy in a book of all the cigars made by him or her, for of such account, verified by oath or affirmation that
A message from the Senate, by Mr. Wilwhom, and their kind or quality; and, if made for the same is true and correct.
LIAM J. McDonald, its Chief Clerk, informed any other person, shall state in said account the name of the person or persons for whom the same were
I move to amend by inserting, at the close
the House that the Senate had passed a joint made, and his or their place of business, and shall, of the sentence I have read, the following
resolution of the House (No. 103) to refer the on the first Monday of every month, deliver to the || proviso:
petition of Benjamin Holliday to the Court of assistant assessor of the district a copy of such account, verified by oath or affirmation that the same
Provided, That journeymen cigar-makers and ap.
Claims, with an amendment, in which he was is true and correct. And if any person shall mako
prentices who work for others shall not be considered directed to request the concurrence of the any cigars without procuring such permit, or the as included within this proviso.
House. properindorsements thereon, or neglect to keep such I will state briefly the object of this amend- The message further informed the House account in a book, he or she shall be punished by a fine of five dollars for each day he or she shall so
ment. By the law as it now stands, and as it that the Senate had passed bills and a joint offend, or by imprisonment for such time as the court has been construed, a man may have twenty resolution of the following titles, in which may order for each day's offense, not exceeding thirty journeymen employed at making cigars. Not the concurrence of the House was requested : days in the whole, upon any one conviction, And if any person making cigars shall fail to make the return
only the employer and his book-keeper are An act (S. No. 313) regulating the transporherein required, or shall make a false return, he or i required to make out every night a full return tation of nitro-glycerine or glynoin oil ;
An act (S. No. 316) to establish a post route Mr. WADE presented the petition of Wil- was referred a joint resolution (S. R. No. 86) from West Alburg, Vermont, to Champlain, in liam A. Otis and S. A. Mather and other offi- to provide for the publication of the Oficial the State of New York, and for other purposes ; cers of the savings bank at Cleveland, Ohio, || History of the Rebelliov, reported it without and
praying that deposits in savings banks may be amendment, and submitted a report in writing; Joint resolution (S. R. No. 92) authorizing exempt from taxation; which was referred to which was ordered to be printed. the appointment of examiners to examine a the Committee on Finance.
Mr. CRAGIN, from the Committee on Naval site for a fresh-water basin for iron-clad vesselsi Mr. SUMNER. I offer the petition of col. Affairs, to whom was referred a bill (H. R. of the United States Navy.
ored citizens of Baltimore, in which, among No. 422) for the relief of Mrs. Ann E. Smoot, Mr. INGERSOLL moved that the House do other things, they ask Congress to strike out widow of Captain Joseph Smoot, reported it now adjourn.
the second clause of the proposed amendment with an amendment. The motion was agreed to; and thereupon to the Constitution, which has already passed Mr. NORTON, from the Committee on (at half past four o'clock p. m.) the House the House of Representatives, and which is | Claims, to whom was referred a bill (H. R. adjourned.
now pending before the Senate, and to substi- No. 354) for the relief of Edward P. McKin..
tute therefor these words: “No Congressman ney, of Binghamton, New York, late captain PETITIONS, ETC.
shall sit as such who is not elected by at least and assistant commissary of subsistence, reThe following petitions, &c., were presented under one half of all the loyal men of his party, with- ported it without amendment. the rule and referred to the appropriate committees : out regard to color or race, if citizens of the By Mr. CONKLING: The petition of citizens of
On motion of Mr. POMEROY, it was banks to retire their circulation, By Mr. DUMONT: The petition of the board of As that subject is now before the Senate, the
Ordered, That the bill (S. No. 224) to aid in the trustces of the Indiana Agricultural College.
construction of a southern branch of the Union By Mr. GARFIELD: The petition of 65 citizens
committee having made their report, I move Pacific railway, and to secure to the Gorern inent of Geauga county, Ohio, asking for increased protec- that this petition be received and that it lie the use of the same for postal, military, and other tion on American wool. By Mr. HARDING, of Illinois: The memorial of upon the table.
purposes, together with the amendments thereto, be citizens of Oquawka, Illinois, against obstructivo
The motion was agreed to.
recommitted to the Committee on Public Lands.
PRINTING OF A BILL. bridges across the upper Mississippi.
Mr. SUMNER. I offer the petition of John
On motion of Mr. POMEROY, it was against the building of obstructive bridges across the upper Mississippi. the Union,'' wherein he represents that the
Ordered, That the bill (S. No. 169) granting lands
to make up deficiencies of former grants in aid of By Mr. INGERSOLL: Two petitions from citizens arch-rebel Jefferson Davis should be punished the completion of the Torah and Lake St. Croix of Peoria county, Illinois, one praying an increase
for his many crimes; and he proceeds to say and the St. Croix and Lake Superior railroads, in of duty on imported wool, and twenty-five cents per pound duty on foreign shoddy and woolen rags: and there is great danger that if tried by a civil
the State of Wisconsin, be printed and recommitted
to the Committee on Public Lands. one praying a tax of two dollars per head on all dogs. court secessionists may get on the jury and Also, two petitions from citizens of Knox county,
HOUSE BILLS REFERRED. Illinois, one praying an increase of iluty on imported | consequently he may be acquitted or the jury wool, and twenty-five cents per pound duty on for- may disagree. Accordingly, he asks that he The following bills from the House of Repeign shoddy and woolen rags; and one praying a tax may be tried by a court-martial, and prays that resentatives were severally read twice by their of two dollars per head on all dogs. By Mr. LAFLIN: The petition of citizens of Jef
the Senate may direct his Excellency the Presi- titles, and referred to the Committee on Finance: ferson county, New York, in favor of an increased
dent to convene a court-martial with powers to A bill (H. R. No. 597) to authorize the use tariff on imported flax and flax tow.
try Jefferson Davis. In offering this.petition I in post offices of weights of the denomination By Mr. LATHAM: The memorial of ladies of French Creek, West Virginia.
desire to say that I express no opinion with of grammes; and By Mr. LONGYEAR: The petition of William regard to it's prayer. I am willing, however, A joint resolution (A. R. No. 140) to enable Clapp, and 56 others, citizens of Jackson county, Mich- to add, as the subject is directly before us, that the Secretary of the Treasury to furnish to igan, asking for an increased duty on wool. By Mr. MARVIN: The petition of sundry citizens
in my opinion a trial of Jefferson Davis at this cach State one set of the standard weights and of Fulton county, New York, asking an ad valorem moment by a jury at Richmond will be one measures of the metric system. and an increased duty on imported wool.
of those great comedies which hereafter will The joint resolution (H. R. No: 141) to By Mr. MARSTON: The petition of Joseph H. Graves, and 200 others, citizens of Portsmouth, Now
excite the derision of history. I know of no | authorize the President to appoint'a special Hampshire, praying that Congress will fix eight hours committee to which this may more appropri
commissioner to facilitate the adoption of a for a day's labor.
ately be referred than the Committee on Mili- uniform coinage between the United States By Mr. ROLLINS: The petition of Seth Eastman, and 35 others, citizens of Concord, New Hampshiro;
tary Affairs; and I ask its reference to that and foreign countries, was read twice by its committee.
title. James A. Smith, and 34 others, citizens of Rhode Island; George H. Phelps, and 20 others.citizens of Lee, The PRESIDENT pro tempore. That ref
The PRESIDENT pro tempore. The joint Massachusetts; A. P. Rand, and 31 others, citizens of Westfield, Massachusetts; Jacob Stone, and 32 others, erence will be ordered.
resolution will be referred to the Committee citizens of Newburyport, Massachusetts; and Tay
REPORTS OF COMMITTEES. lor, Symonds & Co., and 33 others, citizens of Provi
Mr. SUMNER. I think that last joint res. donce, Rhode Island, severally praying for the pas- Mr. CLARK. The Committee on Claims, | olution should go to the Committee on Foreign sage of just and equallaws for the regulation of inter
to whom were referred two petitions of sundry State insurances of all kinds.
Relations. voters in the State of Florida, praying for com- Mr. SHERMAN. These bills ought to go IN SENATE.
pensation for property destroyed by the rebel | together to the same committee. They were
authorities, have had that matter under considFriday, May 18, 1866.
all reported from a special committee of the eration and directed me to report that the House and ought to go together; they are Prayer by the Chaplain, Rev. E. H. GRAY.
prayer of the petitioners cannot be granted. kindred bills. The metric system-that, I The Journal of yesterday was read and I ask that it be disposed of at once. It is a very || believe, is the name given to it-is a system approved. short matter.
proposed to be adopted in regard to coinage PETITIONS AND MEMORIALS. The report was concurred in.
and weights and measures. Mr. TRUMBULL presented the petition of Mr. WILLIAMS, from the Committee on Mr. SUMNER. I have no wish certainly William M. Riggs, claiming compensation for Claims, to whom were referred resolutions of to draw them to the committee with which I services rendered as a scout and guide to the the Legislature of New York, in favor of the am associated; only it seemed to me from the Union forces in the State of Tennessee during payment of claims of the militia of that State title that perhaps the latter resolution belonged the years 1864 and 1865, accompanied with the who served in the war of 1812, asked to be dis- to that committee.. evidence of the services which he performed ; || charged from their further consideration; which Mr. CONNESS. They are financial measwhich was referred to the Committee on Claims. was agreed to.
ures. Mr. WILSON. I present the petition of Mr. SPRAGUE, from the Committee on Mr. SHERMAN. I think they had better George W. Graham, and thirty-six others, watch- Military Affairs and the Militia, to whom was go to the Committee on Finance. men in the Treasury building. They set forth referred a memorial of the Soldiers and Sail. The PRESIDENT pro tempore. The orithat the whole number of watchmen in that ors' Union of Washington, District of Colum- | ginal reference to the Committee on Finance building is thirty-seven, twenty-six of whom bia, praying for the passage of a law creating will stand, no objection being made. served in the Army, six were exempt by reason them a body politic and corporate, asked to be Mr. SUMNER afterward said: Several bills of age, and five for disability. They say they | discharged from its further consideration and came from the House of Representatives this are on duty fifteen hours out of the twenty-four, that it be referred to the Committee on the morning relating to the metric system. I thought while watchmen in the other public buildings | District of Columbia ; which was agreed to. at the time they should be referred to the Comare only on duty fifteen hours out of forty-eight, Mr. WILSON, from the Committee on Mil. mittee on Foreign Relations. One or two of and they therefore ask for an increase of com- itary Affairs and the Militia, to whom was them were referred without notice to the Com. pensation. I move its reference to the Com- referred a joint resolution (H. R. No. 134) mittee on Finance. I understand from the mittee on Finance.
relative to appointments to the Military Acad- Senator from Ohio that the Committee on Fi. The motion was agreed to.
emy of the United States, reported it without nance, so far as they have considered the ques. Mr. POLAND presented the petition of A. amendment.
tion, are not disposed to proceed with those D. Prindle, and thirty-one others, citizens of He also, from the same committee, to whom bills, and the Senator himself has suggested to Franklin county, Vermont, representing that the subject was referred, reported a joint reso- me that a special committee would be more the duty on foreign wool by the existing tariff lution (s. R. No. 96) providing for the transfer appropriate. It will be remembered that there is wholly insufficient to furnish proper protec; of certain clerks to the office of the Quarter- || is a special committee on this, subject in the tion to the wool-growers of this country, 'and master General; which was read and passed to other House. I have therefore ihought it praying that the same may be increased; which a second reading.
advisable to move the appointme'it of a spe. Wus referred to the Committee on Finance. He also, from the same committee, to whom cial committee on this subject, to xhich these bills-there are three already, and I think The bill was reported to the Senate as Winona ; and the Legislature of Minnesota there is a fourth on your table-should be amended.
would withhold its consent to the construction referred. I move that a special committee of The PRESIDENT pro tempore. The ques. of a bridge at La Crosse, and insist upon its five be appointed by the Chair, to which all tion is, Will the Senate concur in the amend- being at Winona. The consequence would be, bills and measures relating to the metric sys- ments made as in Committee of the Whole ? the Legislatures not agreeing, that there would tem shall be referred.
Mr. NORTON. I will state to the Senator be no bridge built. Mr. HENDERSON. It seems to me that from Wisconsin [Mr. Howe] that the amend- Now, sir, the interests of the two States will the Finance Committee is the most appropriate ments that have been adopted were the amend- be subserved and there will be no conflict of committee for measures of this description. I ments proposed by the Committee on Post interest between these points if we allow the scarcely see the necessity of raising a special Offices and Post Roads.
construction of a bridge at La Crosse when the committee on the subject. It will, perhaps, Mr. HOWE. There is one of those amend- railroad companies touching the river at that more appropriately go to the Committee on ments that I thought there was a question about. point and opposite to it shall desire it; and to Finance than to any other, unless there be some I wish to call attention to the amendment to that the State of Minnesota has no sort of objecspecial reasons that I have not heard.
the first section. Is not that a new priņciple? | tion; and we think that the State of Wisconsin The PRESIDENT pro tempore. The ques- Mr. RAMSEY. It is embraced in all the ought to have no objection to the construction tion is on the motion of the Senator from other bills that have been reported here by the of a bridge at the city of Winona, where the Massachusetts.
Post Office Committee. It is to avoid a diff- Winona and St. Peter's Railroad Company now The motion was agreed to.
culty that occurred in the litigation in regard have some seventy miles of road, and are CIRCUIT COURT IN VIRGINIA.
to the Rock Island bridge. I believe the pro- engaged in the construction of a road on the The PRESIDENT pro tempore.
east side of the river. The effect of the amendA bill (H.
ceedings were first had in the district court of R. No. 563) amended by the Senate is returned
the United States for the State of Iowa; and ment proposed by the Senator from Wisconsin, from the House of Representatives accompa
I think it was there held that they had juris- || if adopted, will be inevitably that there will be
diction but to the thread of the stream, and a disagreement between the States of Wisconnied by the following resolution: hence had not jurisdiction of the whole matter
sin and Minnesota on this subject, and conseIN THE HOUSE OF REPRESENTATIVES,
May 16, 1866.
of the bridge. This is to give that jurisdiction quently no bridge will be built. I hope it will Resolved, That the House non-concur in the amendto the courts.
not be adopted. ment of the Senate to the bill (H. R. No. 563) to reg- Mr. HOWE. I have no objection to it. Mr. HOWE. It seems to me the Senate will ulate the time and fix the place for holding the circuit Mr. RAMSEY. The amendment was sug. not refuse to agree to this amendment. There court of the United States in the district of Virginia, and for other purposes, and ask a conference with the
gested by those who have in charge the inter- is a very large interest in the State of WisconSenate on the disagreeing votes of the two Houses ests of navigation at St. Louis.
sin and in the State of Minnesota which is thereon.
The PRESIDENT pro tempore. The Chair | opposed to the bridging of this great natural Mr. TRUMBULL. I believe it is in order
will put the question on concurring in the highway at all; but it is very generally conto move to recede from the Senate amendment amendments collectively, unless a division of
ceded that the interests of commerce tending and agree to the bill as passed by the House them be asked.
between the East and the West do require originally. If so, I make the motion. The The amendments were concurred in.
bridges at certain points; and this necessity has amendment which the House has disagreed to,
Mr. HOWE. I move to amend the first sec
been recognized in two or more instances by I will state to the Senate, was striking out the
the Senate of the United States. But I think latter part of the bill which gave to the judges
tion of the bill by inserting after the word of the court authority to appoint special terms " Wisconsin” in the ninth line, the words “or
every Senator will agree that there is no combetween La Crosse, in the State of Wisconsin,
mercial interest that requires a bridge, which and to adjourn the court from time to time. It was thought by the Committee on the Judiand the opposite bank of said river, in the
is a sort of highway, to be constructed across ciary that the laws already conferred that power, Legislatures of Minnesota and Wisconsin ;'' State of Minnesota, as may be agreed by the
that river except at points where the river is
touched by railroads both from the West and and hence we struck out that provision in the
from the East. Where there is a mere ferry bill as it came from the House. The House so that the section will read :
across the river now, connecting two common has disagreed to it, and I move that the Senate
That the Winona and St. Peter's Railroad Com
roads, there can be no commerce over such a recede from its amendment and then the bill
pany, a corporation existing under and by virtue of
point of sufficient importance to warrant the will be passed.
is hereby, authorized and empowered to erect, main- | building of a bridge; but where railroads, which The motion was agreed to,
tain, use, and operate a bridge across the Mississippi are great highways, ministering to great com
river, between the city of Winona, in the State of TRANSMISSION OF SOLDIERS' MEDALS. Minnesota, and the opposite bank of said river, in mercial wants, touch the river on each bank
the State of Wisconsin, or between La Crosso, in the there may be a just claim set up for furnishing Mr. SHERMAN asked, and by unanimous State of Wisconsin, and the opposite bank of said consent obtained, leave to introduce a joint res- river, in the state of Minnesota, as may be agreed by
a bridge connecting those two great artificial olution (S. R. No. 97) to authorize certain
the Legislatures of Minnesota and Wisconsin, sub- highways.
ject to the conditions and limitations hereinafter medals to be distributed to veteran soldiers free
This bill proposes the bridging of the river provided.
at a point called Winona, in the State of Minof postage.
Mr. NORTON. I hope this amendment will Mr. SHERMAN. Perhaps the Senate are
There is a railroad touching the river not be adopted for several reasons; chiefly willing to pass the resolution now. The State
at that point from the West, but there is no from the fact that this company, the Winona | railroad in existence touching it from the East. of Ohio gave medals to veteran soldiers, and and St. Peter's Railroad Company, has no au- It connects with no road on this side. It is the Legislature adjourned at the last session thority to build a railroad to a point on the alleged that if this bridge be authorized, a road without making an appropriation for their dis
Mississippi river opposite the city of La Crosse. will be built from the point opposite Winona, tribution. They are now on-hand for distribution, and this simply provides that they may he city of Winona, and also has a charter authorThis company is building a road west from the on the Wisconsin side, to connect with the roads
east; but at La Crosse, which is about thirty sent through the post office free of postage. If
izing it to construct a road on the east side miles below Winona, on the same river, there any Senator desires a reference I have no ob
of the river from a point opposite the city of is a road touching the river from both sides. jection to its being referred; but if not, as the
Winona to intersect with the Milwaukee and Mr. NORTON. Will the Senator allow me, medals are there, I should like to have it passed | La Crosse road. This company has no author- just here, to say that neither of the railroad so that it may go to the other House. Mr. WADE. Let it be passed at once;
ity, nor is there any company in the State of companies touching at La Crosse, neither the there
Wisconsin incorporated that has authority to Minnesota company nor the Wisconsin comcan be no objection to it.
build a railroad from Winona to La Crosse. The joint resolution was read at length. It
pany, is now asking for the privilege of build. There is a road in process of construction from ing a bridge there. proposes to authorize the adjutant general of the State of Ohio to distribute through the || running through Minnesota, now running perLa Crosse, or opposite La Crosse, westwardly, Mr. HOWE. No, Mr. President; neither
of them is here asking for a bridge at this time. mails free of postage to veteran soldiers en
haps twenty or thirty miles. To the construc- Mr. NORTON. Nor are they asking it of listed in Ohio certain medals furnished by the General Assembly of that State, and to provide two roads, there is no objection on the part of tion of a bridge at that point to connect those the States.
Mr. HOWE. I state the fact that at that that in such case the envelope inclosing the medals shall be franked in the mode prescribed || the part of the persons interested in the conthe people of Minnesota; certainly none on point, which is about thirty miles below Wi.
nona, there are three artificial highways already by the Postmaster General. struction of this bridge at Winona.
constructed and touching the river on both The joint resolution was read three times and passed.
The effect of the amendment proposed by the || banks; and it would seem to me that if a bridge
Senator from Wisconsin is to inaugurate, or were to be built anywhere in that region, across BRIDGE AT WINONA.
rather to continue, a local contest between the the river, there is the proper place. Mr. NORTON. I move to take up Senate city of La Crosse and the city of Winona. The It is said that the company which has conbill No. 263, which was laid aside the other Senator from Wisconsin proposes to amend the structed the road touching the Mississippi at day on the motion of the Senator from Wis- || bill by authorizing the construction of a bridge Winona is not authorized to go down to the consin, (Mr. DoolitTLE.]
either at Winona or La Crosse as the Legisla- river to the point opposite La Crosse and does The motion was agreed to; and the Senate, tures of Wisconsin and Minnesota may agree. not want to go down on that side. That is as in Committee of the Whole, resumed the The result of that would be that the Legislature | very likely to be the case with that company; consideration of the bill (S. No. 263) to author. of Wisconsin, consulting the interests of the but we understand that there is no difficulty in ize the Winona and St. Peter's Railroad Com || city of La Crosse, would insist npon the con- the way of their coming down there if they pany to construct a bridge across the Missis- struction of the bridge at La Crosse, and would wish. But here is the fact: this company has sippi river, and to establish a post route. not consent to the construction of a bridge at I sought permission of the State of Wisconsin to
build this bridge at Winona, and the State has dredths miles to a point on the Milwaukee and the State of Minnesota her railroad system. refused to give her assent. Whether she has La Crosse road. Now if we should be com- We do not propose any such thing. . When he acted wisely or not it is not for me to say. It | pelled in Minnesota to construct a road on the crosses the thread of the Mississippi river he certainly is not for me to say that she has acted west side of the river and cross at La Crosse is in Wisconsin with his railroads, and not in unwisely. I am bound to suppose that her we should be required to construct a road fif- the State of Minnesota. While they are conown Legislature knows her own interests and teen miles longer to reach the same point on structing railroads and bridges in the State of is truly subserving those interests. But the the east side of the river, and at a cost estimated Minnesota, of course they can take the direcfriends of this project insist upon it that it is from surveys on the west side of the river of tion of their own Legislature; but when they of great service to the State of Wisconsin to something nearly three quarters of a million come into the State of Wisconsin, we think the have that traffic which they say is coming to dollars more than the cost of a road on the east State of Wisconsin ought to be consulted. So the Mississippi from the West carried through || side connecting at the same point with the much for that point. the State of Wisconsin. If it is, Wisconsin Milwaukee and La Crosse road. It is true the But the Senator says that he is willing, if I knows it, and if it is, Wisconsin will consent to road on the east side of the river is not yet will propose such an amendment, to allow this have the river bridged. But I must conceive constructed, but it is in process of construc- bill to be amended so as that it shall not be that the State of Wisconsin knows better where tion, and I am assured will be constructed this operative except upon the consent of the Leshe wants the bridge than I can know, and I
This company desire the privilege || gislature of the State of Wisconsin. I say that think it is not unreasonable to suppose that of building the bridge, so that by the time the is partial justice, not complete, because then she knows better than this Senate. If she road is constructed, or nearly by that time, the Congress says to the State of Wisconsin, “ If wants that commerce enough to allow the bridge may be completed and afford a contin- you want that traffic to come through your bridge to be built at Winona, then the com- uous connection and communication with the State, and consent to the building of that bridge pany owning the road on the other side have lakes.
at Winona, you can take it, not otherwise." I only to say, “We will not cross the river any. The Senator says that Wisconsin has refused ask Congress to say to the two States, “ You wliere else," and Wisconsin will have the to consent to the construction of this bridge. may have the choice of allowing the river to be privilege of taking the traffic over the river at The Senator will allow me to say that he is bridged at either of the two points." The bridge that point or not taking it at all.
misinformed. The truth is, that late in the cannot be built at La Crosse without the conI do not see anything unfair or unreasonable | session of the Legislature of Wisconsin appli- sent of the State of Minnesota ; it cannot be in this. Hitherto the State of Wisconsin bas cation was made for the consent of that State | built at Winona without the consent of the State refused her assent to the building of a bridge to construct this bridge, that the bill in the of Wisconsin. Both States are put upon an at Winona, and now this very grave and serious House passed through the Committee of the equal footing, and have equal authority over question is presented to the Senate: will you || Whole, but owing to the pressure of business, the question. Nothing can possibly be fairer compel the State of Wisconsin to consent to it being near the end of the session, it was not than that, and then Congress does not coerce the building of a bridge at that point against reached and was not acted upon, and in point | either of the States. her protest? I have heard it argued very of fact there was no refusal on the part of the My friend from Minnesota says that this is gravely here, and insisted upon repeatedly, Legislature of Wisconsin to consent to the con- a controversy between the cities of La Crosse that Congress cannot impose any such obliga- || struction of this bridge.
and Winona. Not at all. If it be so, I do tion upon a State or any such burden upon a Now, I think I can explain to the Senate in not represent La Crosse here in the controState ; that it is absolutely beyond the consti- a very few words the precise condition of this versy; I represent the State of Wisconsin. I tutional power of Congress to authorize the matter. La Crosse lies some forty miles below only know-and I cannot concede that I am building of a highway within the State, whether Winona. It is the terminus of the Milwaukee mistaken on the point-that the State of Wisa bridge or a railroad, against the assent of the and La Crosse road on the east and of the South- consin has hitherto refused to allow this bridge State. Here the State refuses, has refused, her ern Minnesota railroad on the west side of the to be built at Winona; has refused to consent consent. I really hope the Senate will not river. Winona is the terminus of the Winona to it. The Senator says it was by reason of compel the State to give her consent. She has and St. Peter's road on the west side and the want of time. just as much interest in having this traffic pass terminus of the La Crosse; Trempealeau, and Mr. NORTON. I will inquire of the Sen. through her borders, perhaps, as Minnesota Prescott road the east side of the river. I ator if he is informed that the Legislature has in sending it through. I do not doubt but || am informed, and I have had an opportunity of Wisconsin acted upon the proposition and that the two Legislatures can agree as to the to know something myself in regard to the fact, refused to adopt it. point where the bridge shall be built; but I do that the only interest in the State of Wisconsin Mr. HOWE. No, sir. I am not informed think it is just as fair that Wisconsin should be that opposes the construction of this bridge at that they rejected any such bill, but I am inconsulted about it as that Minnesota should be Winona is the local influence of the city of La formed that they refused to assent to any such allowed to dictate the point, and I hope the Crosse. We are entirely willing that that local bill. Senate will give her that privilege.
interest shall be subserved so far as it may
be Mr. NORTON. Did they act upon the bill Mr. NORTON. Mr. President, the State of || by the construction of a bridge at that point; at all?_Did they consider it? Minnesota certainly has no disposition to dic- || and all we ask of them is that they will not Mr. HOWE. I understand they did contate to the State of Wisconsin upon this sub- object to the construction of this bridge at the sider it through the whole winter. I underject, or upon any other; and at the same time city of Winona, which is certainly quite as stand there was an active lobby there. that she has no such disposition, she is cer- much required and demanded by the business Mr. NORTON. If the Senator will allow tainly not disposed to allow the State of Wis- and commercial interests of the two States as me, I think he will find that he is mistaken. consin to dictate to her what shall be the system is the construction of a bridge at La Crosse. I His information is as to an amendment of the of railroads within her State. The road built hope that the Senate will not, by the adoption charter of the La Crosse, Trempealeau, and by this Winona and St. Peter's Railroad Com- | of this amendment, place this matter in the Prescott Railroad Company. An amendment pany is one of the land-grant roads built in position that it would be in of continuing a con- to that charter was the matter which was propursuance of and in carrying out the general test between those two States which mnst inev. tracted there, but this subject was not acted railroad system of Minnesota. The proposition | itably result in the failure to construct any bridge upon. of the Senator from Wisconsin is to con.pel
Mr. HOWE. I make no affidavits here. I Minnesota to change that railroad system and Mr. RAMSEY. I understand my colleague only state what is reported to me. I underconstruct a road some forty miles to make an is willing to accept this bill with an amendment stand there was a lobby in attendance upon the eastern connection which she can make in making it subject to the assent of the State of Legislature during most of the session urging twenty-seven and a half miles. Neither the Wisconsin.
this project. the people of the city of Winona, nor this com- Mr. NORTON. Certainly; I have no objec- Mr. NORTON. Not upon this subject; it pany, nor the State of Minnesota has any sort tion to that. I do not understand the Senator
was upon the other. of objection to the construction of a bridge at from Wisconsin as urging that, but that it should Mr. HOWE. So I am informed. The SenLa Crosse whenever the railroads at that point | be left to the States to choose between these two ator may be more correct than myself. The or the State of Wisconsin shall want it. We | points. If the Senator from Wisconsin will fact is—there is no denial of that-that Wisare entirely willing that they shall construct a propose an amendment requiring this company consin has not assented to the building of this bridge there, and we think that it is not asking to obtain the assent of the Legislature of Wis- || bridge. too much that the State of Wisconsin should || consin to the construction of this bridge at Mr. NORTON. That is true; she has not. consent to the construction of this bridge at Winona I shall not object to it; but I do object Mr. HOWE. The Senator says that he is Winona.
to his leaving it in the alternative, for the Le perfectly willing that a bridge shall be built at As I said before, there is no railroad com- gislature to select one of these two points. If || La Crosse, if they can have a bridge at Winona. pany in Minnesota authorized to construct a the Senator will propose an amendment to au- That would put the commerce, up and down road from Winona to La Crosse on the west thorize the construction of both these bridges | the river, to the necessity of encountering two side of the river. There is a road through I have no objection to its being put on this bill, bridges within thirty miles of each other. southern Minnesota touching the river opposite or I will favor a bill providing for the construc- Mr. NORTON. Forty. „La Crosse. That is a land-grant road, and one tion of a bridge at La Crosse.
Mr. HOWE. My friend says it is forty. I being constructed in pursuance of the general Mr. HOWE. Mr. President, that would be will not say that it is not forty miles by the railroad system of the State. The company || partial justice, but not complete. The Senator course of the river, but, as I find by the map, constructing the road touching at Winona have from Minnesota says, that while he does not Winona is just about two townships due north authority from the State of Wisconsin to con- wish to dictate to the State of Wisconsin where of the latitude of La Crosse. struct a road on the east side of the river a dis- bridges shall be built across this river, he does Mr. RAMSEY. And just as many west. tance of twenty-seven and forty-seven one hun- not wish the State of Wisconsin to dictate to Mr. HOWE. But La Crosse is about three
townships further east than Winona; so that under consideration some five weeks since, ceremony between them, and knowing that if a road were built along the west bank of or very nearly five weeks since, I endeavored many of them who were well disposed otherthe river, from Winona to La Crosse, it would to explain the object of this amendment to the wise, lived as faithful to their marriage vows make a southing of two townships, or twelve Senate; but as that length of time has elapsed, as other people-I think it is but justice to miles. It would make an easting, it would I will do so again as briefly as I can. The them that these pensions should be secured to get on its way to the East, about three town- amendment is printed and has been on the them, and that something, at any rate, of this ships, and when it gets to La Crosse it is in tables of Senators for that length of time. I nature should be adopted in an amendment to connection with the railroad already striking | will first read the section which it is intended the section which I have read. the river at that point. Now, I am informed- to amend, and then I can point out easily the Mr. GRIMES. I will inquire of the Senator I do not seek to enforce the truth of this upon difference between the two propositions. Sec- from West Virginia if he supposes it is absolutely the Senate, because it is not a question that I tion fourteen of the act approved July 4, 1864, necessary that the last clause of the proviso to think the Senate has any particular interest in provides
this amendment shall be retained, which requires considering--that the bridge, supposing there is "That the widows and children of colored soldiers that if they shall have cohabited together during to be but one, would better accommodate the who have been or who may be hereafter killed, or the last two years preceding the period of enState of Minnesota-not the city of Winona
who have died or may hereafter die of wounds re-
listment, that shall not be evidence alone, but [Mr. Norton. That we will judge of]—but the die of disease contracted in the military service of that the soldier or widow shall produce record State of Minnesota, better at La Crosse than at
the United States, and in the line of duty, shall be evidence of the fact of marriage. It seems to
entitled to receive the pensions now provided by law Winona. Why? Because all the commerce from without other proof of marriage than that the par
me it is very possible, altogether probable, that every part of the State could strike the river ties had habitually recognized each other as man and although in some of the States they may have at La Crosse, without going more than twelve
wife, and lived together as such for a definite period been authorized to be married by the laws of miles south of Winona, and is all the time going
next preceding the soldier's enlistment not less than
the State, yet that that law has not been comeast; but if the bridge be built at Winona, it is witnesses: Provided, however, That such widow and plied with, and the marriage has not been sol. away north of some of the finest agricultural
children are free persons: Provided further, That if emnized, the public sentiment being in opposidistricts in Minnesota. This is what I am told;
such parties resided in any State in which their mar-
tion to any such thing. Now, if we are going bat, as my friend says, that is for Minnesota evidenco shall be required.”
to allow and I think the committee is right in to consider, and not for me. I only ask that I stated on a former occasion that this sec
that-the fact of cohabitation for two years to you will allow Minnesota to consider it, to con- tion which I have just read was drawn up by
be sufficient evidence, why not permit it to be sider it not for herself alone, but in conjuncthe late Senator from Vermont (Mr. Foot) at
so in all? tion with the State of Wisconsin; allow the two the third conference meeting upon the bill of
Mr. VAN WINKLE. I will explain further States to consider it, and let them determine. which it is a part, and that it had seemed to
than I have done. I thought that the proviso The Senator says that that will defeat the bridging of the river at all. Why? Because
prove satisfactory to all parties. Nevertheless, as it originally stood, that is, that if such parties
there are some additions, perhaps, that should resided (not saying at what time) in any State the two States will not agree. Then will you be made to it, for it was considered at mid
in which their marriage could have been legally impose upon either of the States the burden night and in a hurry, and there is also some
solemnized the usual evidence should be reof having a bridge built within its borders
thing in the change of circumstances since then || quired would cut out many proper cases. I where it does not want it? I do not ask you which has induced me to offer the amendment presume that if an application is made even to impose the burden upon Minnesota in ref
now before the Senate. One difference is that now for a pension by one of these parties the erence to La Crosse. Why should they ask this amendment is made to cover sailors as well
Commissioner would feel himself bound to inyou to impose it upon Wisconsin in reference as soldiers. Another is that this fourteenth sec
quire whether the man had at any time previous to Winona? The PRESIDENT pro tempore. The morn
to the application resided in a State where the tion required the fact of marriage to be proved ing hour having expired, it becomes the duty substituted for that “proof satisfactory to the by the affidavits of credible witnesses. I have marriage might have been legally solemnized,
and in such case would require record proof. of the Chair' to call up the special order. By Commissioner of Pensions." I have intro
In reflecting on the circumstance which I menan order of the Senate, to-day, at one o'clock, duced a clause to meet a case where the wife
tioned a little while ago, that some of these is fixed for the consideration of bills reported of such a marriage may have died and where people were driven from their homes undoubtby the Committee on Pensions. Mr. NORTON. I hope we shall be allowed
the children are the proper parties to receive | edly and driven into the free States, or into to get a vote on this bill. If this company are to
the pension. While children are alluded to in States where their marriages might have been be allowed to construct this bridge, it is very the original section, it does not seem to cover
solemnized, and were there as soldiers with a case such as I have stated, of the death of perhaps their wives attending them in the camp, important that they should know it at once, so
the mother where the children will be the only it seemed to me that it was almost an impossithat they may enter upon its construction this
applicants. I have simply introduced the || bility that a marriage could have been solemsummer; and if that privilege is not to be words, "and the children born of any mar
nized between them in such cases, and it is very allowed them, we would like to know it. The PRESIDENT pro tempore. The spe
riage so proved shall be deemed and taken to unlikely that under such circumstances they be the children of the soldier or sailor party
would have thought of it. cial order can be laid aside only by unanimous
Since the end of the war the Freedmen's consent, without a motion. ment provides that the woman shall be deemed
Bureau has been doing what it could, and no PENSION LAWS. to be the wife.
doubt has been successfulto a very great extent, Mr. LANE, of Indiana. I move that the I have also in the proviso to my amendment
in inducing these persons who had theretoforé Senate proceed to the consideration of House inserted the words previously to the enlist
lived together as man and wife to have a legal bill No. 363, supplementary to the several acts
ment of the former in any State" so as to con- ceremony performed between them. Now, if relating to pensions, this day having been spe
fine the proviso to the fourteenth section of the the old proviso prevails—and I think that if cially set apart for the consideration of bills act of 1864, which is as follows:
the Senate does not accept the one I offer that and reports from the Pension Committee.
"That if such parties resided in any State in which
ought to be stricken out-those of this class The PRESIDENT pro tempore. The bill is
their marriage may have been legally solemnized, the who were driven into a free State, or into a State usual evidence shall be required."
in which a marriage might have been solemnized, before the Senate under the order.
In the events of the war, many of these peo- will find themselves under the necessity of proThe Senate, as in Committee of the Whole, || ple were driven from their homes, and some ducing record evidence of the marriage, when resumed the consideration of the bill, the
of them into the free States, or States in which the fact is that they never had any legal cerepending, question being on the amendment
a marriage might have been legally solemnized mony of marriage. My impression is—I leave proposed by Mr. VAN WINKLE
add as an
between them; but under the circumstances it additional section the following:
it to the better judgment of the Senate-that is hardly to be expected that they could have had the modification I have proposed in this proviso Sec. And be it further enacted, That the four
an opportunity to avail themselves of the cere- is only justice to these people whose thoughts teenth section of an act entitled "An act supplementary to an act entitled An act to grant pensiona,' mony. I have therefore changed the words, had not been called to the subject, and perhaps approved July 14, 1862," approved July 4, 1864, be, so as to require simply that if previous to the whose knowledge in regard to it did not lead and the same is hereby, repealed, and that the wid
enlistment of the soldier they lived in a State them to know that the marriages under which ows and children of colored soldiers and sailors who have been or may be hereafter ki:led, or who have where their marriage could have been solem- | they were living were, in fact, not sanctioned died or may hereafter die of wounds received in bat- nized, the usual evidence of marriage shall be by law. tle, or of disease contracted in the military or naval demanded. Since the close of the war, and As I stated the other day, there was nothing service of the United States, and in the line of duty, shall be entitled to receive the pensions provided by
since the Freedmen's Bureau has been in oper- on the statute-book of Virginia which forbade law, without other evidence of marriage than proof, ation, it has been almost compelling, if it was a marriage between colored persons.' The dif: satisfactory to the Commissioner of Pensions, that necessary, but inciting at least and advising, | ficulty there arose simply under the common tho parties had habitually recognized each other as man and wife, and lived together as such for a defi
these people who had lived in the relation of law as they had interpreted it in that State, that nito period, not less than two years next preceding man and wife, to have a legal ceremony sol- persons in the condition of slavery, being subthe enlistment of the man; and the children born of
emnized between them; and I believe it has ject to their masters, could make no contract, any marriage so proved shall be deemed and taken to be the children of the soldier or sailor party there
been pretty extensively done. This amend- not even the contract of marriage; nor, as my to: Provided, however, That if any such soldier or ment, as the Senate will perceive, is certainly colleague mentioned on that occasion, was a sailor, and the woman alleged to be his widow, resided in the interest of their widows and children; contract made by them with respect to their previously to the enlistment of the former in any Stato in which the marriage between them might and I believe from my knowledge of the sub- own freedom regarded as binding in any way. bavo been legally solemnized, the usual evidence of ject and the customs that prevailed among them. I presume this was the case through most of marriage shall bo required.
when they were in a state of slavery, of always the southern States, although I believe that in Mr. VAN WINKLE. When this bill was having something in the nature of a marriage il Delaware, and perhaps also in South Carolina,