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tions made by assessors to assessors, or by and certificate shall be presented to the said circuit collectors to collectors,'' &c.
court, if in session, and if not, to the clerk thereof, at
his office, and shall be filed in said office, and the The amendment was agreed to.
cause shall thereupon be entered on the docket of Mr. MORRILL. I have an amendment to said court, and shall be thereafter proceeded in as a
cause originally commenced in that court; and it offer by inserting after the word assessors
shall be the duty of the clerk of said court, if the suit in line four the words - or by collectors to their were commenced in the court below by summons, to deputies, or by deputy collectors to collectors.”' issue a writ of certiorari to the ştate court, requiring The amendment was agreed to.
said court to send to the said circuit court the record
and proceedings in said cause; or if it were comMr. WELKER. I move the following
menced by capias, he shall issue a writ of habeas cor
pus cum causa, a duplicate of which said writ shall bo amendment, to come in at the end of the
delivered to the clerk of the State court, or left at his section:
office, by the marshal of the district, or his deputy, or And collectors shall be allowed reasonable express
some person duly authorized thereto; and thereupon charges for the necessary transportation of money
it shall be the duty of the said State court to stay all from their deputies to them as accounts for stationery
further proceedings in such cause, and the said suit are allowed.
or prosecution, upon delivery ofsuch process, orleav
ing the same as aforesaid, shall be deemed and taken I offer this amendment because several col- to be moved to the said circuit court, and any further lectors have been refused payment of charges proceedings, trial, or judgment therein in the Stato
court shall be wholly null and void. And if the defor the transmission of money by express. I fendant in any such suit bein actual custody on mesne think it ought to be allowed.
process therein, it shall be the duty of the marshal, Mr. ALLISON. I would suggest whether
by virtue of the writ of habeas corpus cum causa, to
take the body of the defendant into his custody, to be the effect of this amendment would not be
dealt with in the said cause according to the rules of virtually to authorize collectors to send money law and the order of the circuitcourt, or of anyjudge by express ; and if so, whether they would not
thereof in vacation. And allattachments made, and
all bail and othersecurity given, upon suchsuitor prosbe relieved from their liability as collectors. ecution shall be and continuo in like force and effect
Mr. WELKER. I do not suppose it would, as if the same suit or prosecution had proceeded to unless they had orders to do so.
final judgment and execution in the State court; and
if, upon the removal of any such suit or prosecution, Mr. SPALDING. I hope it will not be it shall be made to appear to the said circuit court that adopted. They are the best-paid men in the no copy of the record and proceedings therein, in the
State court can be obtained, it shall be lawful for said country now.
circuit court to allow and require the plaintiff to proThe amendment was not agreed to.
cccd de novo, and to filo a declaration of his cause of The Clerk read as follows:
action, and the partics may thereupon proceed as in
action originally brought in said circuit court; and on Sec. 65. And be it further enacted, That the Secre- failure of so proceeding, judgment of nolle prosequi tary of the Treasury is hereby authorized to appoint may be rendered against the plaintiff, with costs for an officer in his Department who shall be styled the defendant: Provided, That an act entitled "An "Special Commissioner of the Revenue," whose office act further to provide for the collection of duties on shall terminate in four years from the passage of this imports," passed March 2, 1833, shall not be so conact. It shall be the duty of the Special Commissioner strued as to apply to cases arising under an act enof the Revenue to inquire into all the sources of na- titled "An act to provide internal revenue to suptional revenue, and the best methods of collecting port the Government, to pay interest on the public the revenue; the relations of foreign trade to domes- dobt, and for other purposes," passed June 30, 1864, tic industry; the mutual adjustment of the systems or any act in addition thereto or in amendment of taxation by customs and excise, with the view of thereof, nor to any case in which the validity or insuring the requisito revenue with the least disturb- interpretation of said act or acts shall be in issue. auce or inconvenience to the progress of industry and SEC. –. And be it further enacted, That the fiftieth the development of the resources of the country; and section of an act passed June 30, 1861, entitled " An to inquire from time to time, under the direction of act to provide internal revenue to support the Govthe Secretary of the Treasury, into the manner in ernment, to pay interest on the public debt, and for which officers charged with the administration and other purposes," is hereby repealed: Provided, That collection of the revenues perform their duties. And any case which may have been removed from the the said Special Commissioner of the Revenue shal} courts of any State under said fiftieth section, to the from time to time report, through the Secretary of the courts of the United States, shall be remanded to the Treasury, to Congress, citber in the form of a bill or State court from which it was so removed, with all otherwise, such modifications of the rates of taxation the records relating to such case, unless the justico or of the mcthods of collecting the revenues, and such of the circuit court of the United States in which such other facts pertaining to the trade, industry, com- suitor prosecution is pending shall be of opinion that merce, or taxation of the country, as he may find, by said case would be removable from the court of the actual observation of the operation of the law, to be State to the circuit court under and by virtue of the conducive to the public interest; and in order to sixty-sixth section of this act. And in all cases which enable the Special Commissioner of the Revenue to may have been removed from any court of any State properly conduct his investigations, he is hereby em- under and by virtue of said fiftieth section of said act powered to examine the books, papers, and accounts of June 30, 1861, all attachments made, and all bail of any officer of the revenue, to administer oaths, or other security given upon such suit or prosecution, examine and summon witnesses, and take testimony; shall be and continue in full force and effect until and cach and every such person falsely swearing or final judgment and execution, whethersuch suit shall affirming shall be subject to the penalties and disa- be prosecuted to final judgment in the circuit court bilities prescribed by law for the punishment of cor- of the United States, or remanded to the State court rupt and willful perjury; and all officers of the Gov- from which it was removed. ernment are hereby required to extend to the said SEC. — And be it further enacted, That whenever a Commissioner all reasonable facilities for the collec- writ of error shall be issued for the revision of any tion ofinformation pertinent to the duties of his office. judgment ordecreein any criminal proceeding, where And the said Special Commissioner shall be paid an is drawn in.question the construction of any statute annual salary of $4,000, and the traveling expenses of the United States, in court of any State, as is necessarily incurred while in the discharge of his provided in the twenty-fifth section of an açt entitled duty; and all letters and documents to and from the An act to establish the judicial courts of the United Special Com:nissioner relating to the duties and busi- States," passed September 24, 1789, the defendant, if ness of his office shall be transmitted by mail free of charged with an offense bailable by the laws of such postage. And section nineteen of an act entitled “An State, shall not be released from custody until a final uct to amend an act entitled 'An act to provide in- judgment upon such writ, or until a bond with sufliternal revenue to support the Government, to pay, cient sureties in a reasonable sum, as ordered and interest on the public debt, and for other purposes, approved by the State court, shall be given; and if approved June 30, 1964,” approved March 3, 1865, be, the offense is not so bailable until a final judgment and the same is hereby, repealed.
upon the writ of error. Writs of error, in criminal Mr. WILSON, of Iowa. I offer the follow
cases, shall have precedence upon the docket of the
Supreme Court, of all cases to which the Government ing as additional sections to the bill:
of the United States is not a party, excepting only And be it further cnacted, That in any case, civil or such cases as the court, at their discretion, may decide criminal, where suit or prosecution shall be com
to be of public importance. menced in any court of any State against any oflicer of the United States, appointed under or acting by
I have been directed by the Committee on authority of the act entitled "An act to provide in- the Judiciary to offer this amendment to the ternal revenue to support the Governmeut, to pay bill. It has been submitted to the Committee passed June 30, 1864, or of any act in addition
. of Ways and Means and they concur in it. It or against any person acting under or by authority is merely a change of the law of 1833, giving of any such oficer, or against any person holding it the construction that was intended by Conproperty or estate by titlo derived from anysuch oflicer, it shall be lawful for the defendant in such suit
gress when that law was passed, confining the or prosecution, at any time before trial, upon a peti operations of the act to officers and persons tion to the circuit court of the United States in and acting under them and by their authority. It for the district in which the defendant shall have been served with process, setting forth the nature of said
appears from reading the debates that by inadsuit or prosecution, and verifying the said petition by vertence the words or other persons were affidavit, together with a certificate, signed by an at- inserted after the word "officers,
80 that torney or counselor at law of some court of record of the State in which such suit shall have been com
under it, all cases arising under State laws in menced,or of the United States, setting forth that, as connection with any trade or business for which counsel for the petitioner, he has examined tho pro- the present law requires a license to be taken ceedings against him, and carefully inquired into all the matters set forth in the petition, and that he be
out, or this bill requires a special tax to be lieves the same to be truo; whicb potition, affidavit, paid may be removed into the United States
court, the parties claiming that the payment of the tax authorized them
to conduct the particular business, no matter what the provisions of the State law might be. A great many cases were thus removed from the State courts into the United States courts. This interferes with the municipal regulations of all towns and cities and the proper administration of State laws.
Mr. HÀLE. I have not had an opportunity to see this amendment in print, and I would inquire of the gentleman from Iowa whether under the sections now proposed all suits against officers of the revenue for acts which they may claim to justify under this law are to be transferred, or whether it is confined to those cases in which the validity of constructions of the act is in question.
Mr. WILSON, of Iowa. The best answer I can give is to read the first section of my amendment. It is as follows:
That in any case, civil or criminal, where suit or prosecution shall be commenced in any court of any State against any officer of the United States, appointed under or acting by authority of the act entiiled "An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," passed June 30, 1861, or of any act in addition thereto, or against any person acting under or by authority of any such officer, or against any person holding property or estate by title derived from any such officer, it shall be lawful for the defendant in such suitor prosecution, at any time before trial, upon a petition to the circuit court of the United States in and for the district in which the defendant shall have been served with process, setting forth the nature of said suit or prosecution, and verifying the said petition by affidavit, together with a certificate, signed by an attorney or counselor at law of some court of record of the State in which such suit shall have been commenced, or of the United States, getting forth that, as counsel for the petitioner, he has examined the proceedings against him, and carefully inquired into all the matters set forth in the petition, and that he believes the same to be true; which petition, affidavit, and certificate shall be presented to the said circuit court, if in session, and if not, to the clerk thereof, at his office, and shall be filed in said office, and the cause shall thercupon be entered on the docket of said court, &c.
Mr. HALE. I submit to the gentleman that he has made the section altogether too broad.
Mr. WILSON, of Iowa. It must be against an officer or against a person acting under the authority of that officer; consequently it may be a suit against him as an individual for an act done as an officer.
Mr. HALE. If that it is the construction of it, then it strikes me that it is by no incans broad enough.
Mr. WILSON, of Iowa. In perfecting this amendment the Committee on the Judiciary availed themselves of the act of 1833, which has already received a construction. The only change that is made is in confining the operation of the act to persons who were officers or acting under the authority of officers. That act included other persons.
Mr. HALE. “It strikes me, after hearing the explanation of the gentleman from Iowa, (Mr. Wilsox,] that his amendment is altogether too meager in its provisions if it is intended to confine it to suits brought against persons who
Mr. WILSON, of iowa. Brought against them for any act performed by them as officers.
Mr. HALE. It does not say so.
Mr. WILSON, of Iowa. I think it does quite clearly.
Mr. HALE. I move to amend the first section of the amendment so that it will read:
That in any case, civil or criminal, where suit or prosecution shall be commenced in any court of any State against any officer of the United States, appointed under or acting by authority of the act entitled " An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," passed June 30, 1864, or of any act in addition thereto, or against any person acting under or by authority of any such officer, or on account of any act done under color of his oflice, or against any person holding property or estate by title derived from any such ollicer, affecting such property or estate, and involving the construction of this act, it shall be lawful for the defendant, &c.
Mr. WILSON, of Iowa. I will accept that amendment.
The amendment, as modified, was agreed to.
Mr. STEVENS. I desire to move an amend. ment to section sixty-five. The first sentence of that section reads:
That the Secretary of the Treasury is hereby authorized to appoint an officer in bis Department who shall be styled “Special Commissioner of the of legislation, and especially I do not propose As I understand, this provides for the Rerenue," whose office shall terminate in four years to show temper when we can show nothing | appointment of an í officer;" and when apafter the passage of this act. more than that. Even if we were here in a pointed he will hold an
6 office."! I cannot, I desire to move to strike out the words, | minority, I suppose that this power is no more therefore, readily comprehend the statement "the Secretary of the Treasury is hereby au- than we would oonsent to grant to the Sec- of the able and distinguished gentleman from thorized to appoint an officer in his Depart- || retary of the Treasury. It is the same power | Pennsylvania, that this is not an office, unless ment," and insert in lieu thereof the words, we lodged with the Secretary last year and was we are using words of which we do not com"Congress shall by concurrent action elect an satisfactorily exercised. I do not believe in prehend the meaning: I suppose that is all officer."
the wisdom of any attempt to take the power that need be said on that point in addition to I am done, for my part, with giving any pa- away this year. I trust, therefore, that the the well-taken constitutional objection of my tronage to the Secretary of the Treasury where amendment proposed by the gentleman from friend from New York, [Mr. HALE.] But I it can be avoided. He has already stated that Pennsylvania will not be adopted.
ask this committee to consider for a single he will appoint no one to office unless he sus- Mr. HALE. I move to amend the amend- moment in what attitude they will place themtains the policy of the President. He has this ment by striking out the last word, for the pur- selves by taking from the Secretary of the morning distinctly so informed a member of pose of calling the attention of the committee Treasury the usual and customary authority of this House who called upon him in regard to to the provisions of the Constitution upon the appointing the oflicer. It can be looked upon an appointment. He asked the member if the subject of appointments to office. I do not in no other light than that of reproach to this applicant sustained the policy of the President, know that the consideration of what the con- officer. It can be looked upon in no other light and when the member declined to tell him, he || stitutional provisions may be will have any than that of condemnation of his conduct. said, “ I can appoint and will appoint no man weight with the distinguished gentleman from Tell me what the Secretary of the Treasury who does not support the policy of the Presi- Pennsylvania, but it strikes me that with this has done which deserves the reproach and prodent." And referring to an apostate Senator committee it ought to have. Now, sir, I find vokes this attack. On the question of reconfrom that region, the Secretary said, “I con- in the Constitution no warrant for the exercise | struction he differs from the majority of this sult him when I make appointments, and I by Congress, under any circumstances, of the IIouse. Is he the slave of the majority of this will appoint nobody who is not recommended anpointing power. I find the appointing power House? Is he not entitled to entertain his by him."
provided for in express terms in the second own opinions about the proper manner of reNow, it is time for this House to let the peo- section of the second article of the Constitu- organizing these States ? Are we all to square ple of the country know whether these officers tion, which I ask leave to read:
our opinions to a particular line of conduct or are to be sacrificed to this determination of the
" IIo (the President) shall have power, by and to a particular rule that is to be marked out subordinates of the President. If we do not with the advice and consent of the Senate, to make
by those in the majority? Cannot an oflicer stand by them they will not stand by us, and
treaties, provided two thirds of the Senators present
of this Government have opinions on this subthey ought not to. Sir, it is time we spoke out advice and consent of the Senato, shall appoint, em- ject without deserving the censure of this House the truth about these things. It is a malfeabassadors, other public ministers and consuls, judges
in exercising the legitimate powers which sance in office. I will go further and say that
of the Supreme Court, and all other oflicers of the
belong to his office? What do we do by this I have already ascertained that four subordi- otherwise provided for, and which shall be estab- line of policy? What do we effect in the coun: nates of the President have made the same lished by law. But the Congress may by liar vest the
try except to provoke and irritate a public sendeclaration. And if I was a little younger,
appointment of such interior oflicers as they think
timent already too much excited, and to preand I shall be in a week, I think I would let or in the heads of Departments."
vent ourselves from arriving at those wise and these officers know that there is a grand inquest Here we have defined by the Constitution calm conclusions which the country demands of the nation before whom men who are guilty | the
only authorities recognized by that instru
at our hands?
How has the Secretary of the of malpractices in office can be brought and ment as capable of exercising the appointing Treasury here to-day been denounced by the their cases presented to another tribunal which
power-the President and the Senate, the gentleman from Pennsylvania, (Mr. STEVENS.] would try them.
President alone, the courts of law, and the And why? Because he entertains opinions in Sir, we are recreant to our own interests, heads of Departments. I respectfully inquire
reference to the matter of reconstruction differwe are recreant to our own dignity, we are. of the gentleman from Pennsylvania whether ent from the gentleman from Pennsylvania. recreant to all the interests of the country if he proposes that, for the sake of punishing Mr. STEVENS. The gentleman will allow we do not stand by those who stand by us. the Secretary of the Treasury for his very me to say I do not denounce him for entertainWith my consent no more patronage shall be wicked speech the other evening, and his very ing any such opinions, but I do denounce him put into the power of any man to be abused, wicked remark since, Congress shall override for prostituting the patronage of this Governavowedly abused. It is time that we speak || the provisions of the Constitution and assume ment to make all other opinions bend to his aloud, and that we say to our friends in the a power of appointment to the exclusion of country that they are in no danger; that they all the authorities defined by the Constitution. Mr. DELANO. I ask the gentleman for his shall not be sacrificed because they stand by Mr. STEVENS. This is no office. This is authority for saying that the Secretary of the Congress; that they shall not be destroyed an agency to be created by this Congress, just Treasury has prostituted the patronage of the because they are not the tools of a recreant the same as if we were to create a commission Government. What has he done it in; where President. I say that I have authentic infor- to proceed to the South or anywhere else- i and when? Let us have the specifications. mation that this very day this policy has been just the same as we created a commission for Mr. STEVENS. The gentleman desires an avowed by the Secretary of the Treasury; that the purpose of examining into these very matters answer? he has declared distinctly that in the State re- of revenue. It does not come within the mean- Mr. DELANO. Certainly. ferred to he will consult no one in relation to ing of the Constitution at all, and never has been Mr. STEVENS. Probably the gentleman appointments but a recreant, apostate Senator, so considered. I propose no violation of an
did not hear what I said at the outset. who has betrayed his party and his country office of the Constitution. This is not an office. Mr. DELANO. I did not hear any specifi
Mr. SPALDING. I wish to ask the gentle- We propose simply to appoint an agent to do cations. man from Pennsylvania whether he is serious
a particular thing: We might, if we chose, Mr. STEVENS. I presume the gentleman in urging this amendment.
authorize a committee of this House to do it. did not hear what I said. I assert that a memMr. STEVENS. I am.
It requires no appointment by the President. ber of this House, of high respectability, to-day Mr. SPALDING. Then I seriously oppose it. Whether or not the gentleman from New went to the Secretary of the Treasury to get
Mr. MORRILL. I suppose, Mr. Chairman, York [Mr. HalE] deems those arguments of certain officers named in his district, one of that the gentleman from Pennsylvania has fully || the Secretary of the Treasury - wicked," I do them a wounded soldier, and he was asked accomplished his purpose by making his speech. deem them wieked. I do not believe that the their opinions about sustaining the President's I presume that he does not intend to direct any gentleman so regards them; I think they rather policy, stating distinctly unless they did sustain portion of his remarks against the distinguished appeal to his taste or appetite.
them he would not appoint them; that the gentleman who has been employed in this ser- The gentleman from Vermont [Mr. Morrill] President had made up his mind that that vice hitherto. Nor is there,
says that he is for keeping the Secretary of the course should be pursued. slightest apprehension that any other man will Treasury free from politics. So am I; and it Mr. DELANO. I would like to have his be appointed to this position. If this amend- is for that very reason that I have introduced
I venture to say there is a misapprement were appropriate anywhere, it is not ap- this amendment and made these remarks. The hension between the gentleman and the Secrepropriate here. I am one of those who, from Secretary of the Treasury has assumed to regu- tary of the Treasury. The Secretary of the the first, have been in favor of keeping our late his patronage by politics, and not by that Treasury may have said he would not appoint finances in all their relations-tax bills, tariffs, which is connected with the interests of finance. any man openly abusive and hostile to the and everything else-separate and distinct from He has prostituted his oflice to an unholy pur- President. I undertake to say beyond that ho politics. I am still in favor of that policy. I pose; and I think it is time that
has not gone.
I should like to have the proof. do not approve of all the acts of the Secretary [Here the hammer fell.]
Mr. STEVENS. If the gentleman spoke of of the Treasury, nor do I approve of his recent Mr. HALE. I withdraw my amendment to his own knowledge, I should of course believe speech. The speech which he made some the amendinent.
him; but he does not pretend to do this. The months since in Indiana I thought was an able Mr. DELANO. I observe, Mr. Chairman, gentleman who informed me not twenty rinone. I do not so consider the speech that that this sixty-fifth section provides
utes ago spoke upon his own authority, as he recently made. I think it was an unfortu- That the Secretary of the Treasury is hereby au- respectable a man as any in the House. T'osnate speech for the head of the Treasury, and thorized to appoint an officer in his Department who sibly he may not wish to have his name known. entirely uncalled for. But at the same time I shall be styled “Special Commissioner of the Reve
I have not had time to consult him. nue,"' wiose oflice sball terminate in four yoars from do not propose to change the ordinary course the passage of this act.
bring down upon him the wrath of those in the 39TH Cong. 1st Sess.No. 179.
Department. They know who I mean at the to reconsider the vote of the House on Senate the chairman of the Committee of Ways and other end of the avenue, for he has just come bill No. 123.
Means is willing that I may offer my amendfrom there.
CLOSE OF DEBATE.
ment in the House, so that we may have a vote [Here the hammer sell.]
Mr. MORRILL. Mr. BLAINE. I move to strike out “Sec
I move that when the
upon it. [Cries of “Oh, no!'' and "Object!'']
Mr. STEVENS. I call for tellers on the Committee of the Whole on the state of the retary of the Treasury,” and insert "President of the United States, by and with the Union shall resume the consideration of House
amendment to the amendment. advice and consent of the Senate." bill No. 513, all debate upon the pending par
Tellers were ordered; and Messrs. STEVENS
and Delaxo were appointed. Mr. STEVENS. Let me modify my amend agraph and the amendments thereto terminate
The committee divided; and the tellers rein one minute. ment first, so that it shall read that “Con
The motion was agreed to.
ported-ayes 35, noes 39; no quorum voting. gress, by concurrent action, shall elect a
Mr. MORRILL. Mr. Chairman, I hope the Cominissioner of the Revenue, and it shall
gentleman from Pennsylvania (Mr. STEVENS) be the duty of said Commissioner of the Mr. MORRILL. I move that the rules be will withdraw his motion, and that this propoRevenue,!' &c.
suspended, and that the House resolve itself sition will be put in shape and offered in the Mr. BLAINE. I move to strike that out and into the Committee of the Whole on the state
House on Monday, when we can vote upon it to insert by the President of the United States, of the Union on the special order.
by the yeas and nays. I want very much to by and with the advice and consent of the Sen- The motion was agreed to.
get through with the bill this evening. ate.” It strikes me the language of the bill as it So the rules were suspended; and the House Mr. FARNSWORTH. I am content with now stands reported from the Committee of
accordingly resolved itself into the Committee that. Ways and Means is unusual in placing the ap- of the Whole on the state of the Union, (Mr. Mr. STEVENS. With the understanding pointment in the head of the Department. As Dawes in the chair,) and resumed the consid- that the vote is not to be taken to-night I with: mentioned by the gentleman from New York, eration of the special order, being a bill of the
draw the amendment to the amendment. [Mr. Hale,) the appointing power is vested House (No. 513) to amend an act entitled
Mr. WILLIAMS. And I withdraw my by the Constitution in the President of the Uni“An act to provide internal revenue to sup
amendment. ted States. These Secretaries are but his ser
port the Government, to pay interest on the The question recurred upon the amendment vants, and we do not intend to invest the Sec | public debt, and for other purposes,'' approved
of Mr. Cobb, to strike out of section sixty-five retary of the Treasury with a power distinct
June 30, 1864, and acts amendatory thereof. the following: from the President of the United States. I
Mr. BLAINE. I withdraw my amendment The Secretary of the Treasury is hereby authorized think the chairman of the committee will acfor the purpose of having a direct vote on the
to appoint an officer in his Department who shall be cept the suggestion and modify his proposition proposition of the gentleman from Pennsylva
styled Special Coin missioner of the Revenue," whose
office shall terminate in four years from the passage so that the President shall not be interfered nia, (Mr. STEVENS.]
of this act. It shall be the duty of the Special Comwith in his constitutional right of nomination,
The question being taken on the amendment
missioner of the Revenue toinquire into all the sources nor shall the Senate be interfered with in their
of national revenue and the best methods of collectoffered by Mr. STEVENS, there were-ayes 21, ing the revenue; the relations of foreign trade to constitutional right of confirmation. noes 47; no quorum voting.
domestic industry; the mutual adjustinent of the sysMr. SPALDING. Who appoints the as- The CHAIRMAN. Does the gentleman from
tems of taxation by customs and excise, with the view sessors?
of insuring the requisite revenue with the least disPennsylvania persist in his amendment?
turbance or inconvenience to the progress of indusMr. BLAINE. The President; he appoints Mr. STEVENS. I believe I will withdraw try and the development of the resources of thecounall of them. We all know that the different it. I think this section is of no use anyhow.
try; and to inquire from time to time, under the heads of Departments are intrusted with the
direction of the Secretary of the Treasury, into the I withdraw it.
manner in which officers charged with the adminisnomination of their subordinates. The Sec
Mr. COBB. I move to amend by striking tration and collection of the revenues perform their retary of War nominates officers of the Army out the entire section down to and including
duties. And the said Special Commissioner of tho and the Postmaster General nominates his
Revenue shall from time to time report, through the the word “ postage," in line forty.
Secretary of the Treasury, to Congress, either in the subordinates; but the President of the United Mr. WILLIAMS. I renew the amendment form of a bill or otherwise, such modifications of the States is the power that does it; each one is
rates of taxation or of the methods of collecting the of the gentleman from Maine [Mr. BLAINE] the servant of the President.
revenues, and such other facts pertaining to the trade, Mr. ALLISON. I desire to call the gentle- || Treasury is hereby authorized to appoint” and to strike out the words "the Secretary of the industry, commerce, or taxation of the country as he
may find, by actual observation of the operation of man's attention to section nineteen of the act insert in lieu thereof "the President is hereby
the law, to be conducive to the public interest; and of 1865 for which this is a substitute, which
in order to enable the Special Commissioner of the authorized, by and with the advice and consent Revenue to properly conduct his investigations, ho is did authorize the Secretary of the Treasury to of the Senate, to appoint."
hereby empowered to examine the books, papers, and select three commissioners.
Mr. FARNSWORTH. I move as an amend
accounts of any officer of the revenue, to administer Mr. BLAINE. It has been done in frequent
oaths, examine and summon witnesses, and take tesment to the amendment to add the following: timony; and cach and every such person falsely swearinstances. But it will be seen that it is not the
And from and after the passage of this act all rer
ing or affirming shall be subject to the penalties and usual legal, constitutional way in which the enue agents authorized by this act and all acts to
disabilities prescribed by law for the punishment of Government is presumed to work. . You are which this act is an amendment shall be appointed
corrupt and willful perjury; and all officers of the investing in a mere servant of the President a by the President, by and with the advice and consent
Government are hereby required to extend to the said of the Senate.
Commissioner all reasonable facilities for the collecpower which the Constitution gives to the Pres
tion of information pertinent to the duties of his nfice. ident alone, subject to the review of the Sen
The question was taken on Mr. Farnsworth's And the said Special Commissioner shall be paid an ate, and my amendment simply puts this on amendment to the amendment; and there were annual salary of $1,000 and the traveling expenses ne
cessarily incurred while in the discharge of his duty; the constitutional basis and does not interfere --ayes thirty, noes not counted.
and all letters and documents to and from the Special So the amendment to the amendment was Commissioner relating to the duties and business of MORRILI disagreed to.
his office shall be transmitted by mail free of postage.
And. osition in any shape in which it may come as
Mr. FARNSWORTH. I do not think that
So that the section, as amended, will read: of any practical importance. I do not believe these amendments ought all to fail on account there is a single man on this floor who believes of the absence of a quorum. I hope the chair
SEC. 65. And be it further enacted. That section
nineteen of an act entitled "An act to amend an act that the office is to be conferred upon any indi- man of the Committee of Ways and Means entitled 'An act to provide internal revenue to survidual except one that is known to us all. And will allow us to have a vote on this amend- port the Government, to pay interest on the public
debt, and for other purposes,' approred June 30. for the purpose of terminating debate upon this ment in the House.
1861," approved March 3, 1865, be, and the same is section I move that the committee rise.
Mr. MORRILL. The amendment can as hereby, repealed. The motion was agreed to. well be put on any other bill as on this.
The question was taken; and on a division So the committee rose ; and the Speaker The question recurred on Mr. Williams's
there were-ayes 30, noes 51; no quoruin having resumed the chair, Mr. Dawes reported || amendment.
voting. that the Committee of the Whole on the state Mr. FARNSWORTH. I hope the gentle- Before the result was annou
nounced, of the Union had had under consideration the man from Pennsylvania [Mr. Williams] will Mr. MORRILL said: If the gentleman will Union generally and particularly the special | accept my amendment as a modification of his. withdraw his amendment now, I will consent order, being bill of the House No. 513, to Mr. WILLIAMS, No, sir; it would read
that a vote may be taken upon it in the House. amend an act entitled “An act to provide | awkwardly,
Mr. COBB.' With the express understandinternal revenue to support the Government,
Mr. STEVENS. I offer the following as an ing that I may move this amendment in the to pay interest on the public debt, and for amendment to the amendment:
House, or if I should not be present my col. other purposes," approved June 30, 1864, and From and after the passage of this act all revenue league [Mr. PAINE] may move it, I will withacts amendatory thereof, and had come to no agents authorized by this act, and all acts to which
draw it at this time. resolution thereon.
this is an amendment, shall be appointed by the
Mr. SPALDING. I move that the cominitCANAL AND SEWERAGE COMPANY. the Senate.
tee now rise. Mr. STEVENS. At the request of a member
Mr. LATHAM. Is an amendment to that Mr. MORRILL. I hope the gentleman who is absent I desire to enter a motion to reamendment in order?
from Ohio (Mr. SPALDING) will withdraw that considerthe voteby which the amendments were
The CHAIRMAN. It is not in order; that motion, and let us get through with the bill in adopted to the bill to incorporate the District is an amendment to an amendment.
Committee of the Whole. of Columbia Canal and Sewerage Company,
Mr. LATHAM. Is a question in order ? Mr. SPALDING. We cannot do that toThe SPEAKER. The motion will be entered.
The CHAIRMAN. No; no debate is in night. order. The Chair is about to put the question.
Mr. MORRILL. There is but one section MOTION TO RECONSIDER. [Laughter.]
left. It will take but a few minutes to get Mr. BIDWELL. I desire to enter a motion Mr. FARNSWORTH. I understand that ll through.
with anybodyiiLL. I do not regard the propos
THE CONGRESSIONAL GLOBE.
.. .. .
Mr. SPALDING. Very well; I will with: der the resolution adopted by the Senate on bill (S. No. 257) to regulate the occupation
of mineral lands, and to extend the right of Mr. MORRIS. I move to insert the follow
preëmption thereto, reported it with an amending as a new section after section sixty-five:
ment, and submitted a report in writing ; which
The PRESIDENT pro tempore laid before
was ordered to be printed.
a resolution of the Senate of the 9th of Feb- Mr. HENDRICKS asked, and by unanimove to amend by inserting after the words ruary last, information in relation to a com- mous consent obtained, leave to introduce a
corn-shellers,” the words and wooden- pendium of medical statistics collected during bill (S. No. 341) amendatory of the preëmpware." (Laughter.]
the late war; which was ordered to lie on the tion laws, and for other purposes; which was The amendment was agreed to. table.
read twice by its title, and referred to the
He also laid before the Senate a report of Committee on Public Lands.
the Second Auditor of the Treasury, communi-
RAILROAD TO POINT OF ROCKS. announced that the noes appeared to have it. cating, in obedience to law, copies of accounts
Mr. WADE. I offer a resolution, and as Mr. MORRIS. I call for a division upon
of persons charged with the disbursement of the question.
moneys, goods, or effects of any kind for the it is merely a resolution of inquiry, I ask for benefit of the Indians from July 1, 1864, to
its present consideration : The question was put; and upon a division
June 30, 1865; which was referred to the Com- Whereas the necessity of the nation requires that there were-ayes nineteen. mittee on Indian Affairs.
the seat of Government should be more accessible to Before the vote in the negative was taken,
the great interests and convenience of the eastern, Mr. MORRIS called for tellers.
PETITIONS AND MEMORIALS.
and particularly to the western portion of the same;
and whereas the State of Marlyand did, by an act Tellers were ordered ; and Messrs. MORRIS The PRESIDENT pro tempore presented approved March - 1863. Frant to the Baltimore
and and SPALDING were appointed. the memorial of John C. Jacobi, late chaplain
Ohio Railroad Company the right to construct a rail
road from the said railroad at the Point of Rocks to Mr. MORRILL. I regret to see the unwill- of Kalorama hospital, praying for compensa- the line of the District of Columbia, with a purposo ingness manifested upon the part of members tion for loss of property by fire at that hospital to run the same into the city of Washington: Thereto have the consideration of this bill in Comon the 24th of December, 1865; which was
Beit resolved. That the Committee on the District mittee of the Whole concluded to-day; I there- referred to the Committee on Claims.
of Columbia be instructed to inquire into the fact fore move that the committee now rise.
Mr. SUMNER. I offer the petition of Jo- whether said railroad company intend to carry out Mr. MORRIS. Before that question is put, seph Taylor, of Baltimore, in which he says
the provisions of their said charter. I would inquire of the Chair in what position that he fervently prays and beseeches Con- Mr. CRESWELL. I am not aware of the my amendment will be when the consideration gress to take into consideration the suffering | object of this resolution, but I suppose, of of this bill is again resumed.
condition of over twenty thousand journeymen course, it is fairly stated on its face. My colThe CHAIRMAN. The pending question cigar-makers in the United States, and he asks league [Mr. Johnson] is not here to-day, but will then be upon the amendment of the gen- Congress to increase the duties on imported | will be here to-morrow. tleman from Ohio, [Mr. Morris,] as amended
cigars to three dollars per thousand and fifty Mr. WADE. I will state to the Senator that upon the motion of the gentleman from Mas
per cent. ad valorem; and also to reduce the this resolution concludes no right; it is only an sachusetts, [Mr. WASHBURN.]
duty on Havana tobacco eighteen and three inquiry as to whether the company intend to The question was upon the motion of Mr.
quarter cents per pound. I move the reference build the road. I was requested to ask for its MORRILL that the committee rise.
of the petition to the Committee on Finance. present consideration, but I have no objection The motion was agreed to.
The motion was agreed to.
to its going over if the Senator so desires. So the committee rose; and the Speaker Mr. SUMNER. I also offer a petition of
Mr. CRESWELL. I prefer that it should having resumed the chair, Mr. Dawes reported | cigar-makers of Massachusetts, in which they go over until
Mr. WADE. Let it
The PRESIDENT pro tempore. The reso-
lution will lie over until to-morrow.
of, and they say at the end “the only feasible ceed to the consideration of Senate bill No. est on the public debt, and for other purposes,
plan is to put a direct tax on the leaf, for which approved June 30, 1864, and acts amendatory
339, reported from the Committee on Pensions. your petitioners will ever pray. I move the thereof, and had come to no resolution thereon.
The motion was agreed to ; and the bill (S. reference of this petition also to the CommitAnd then, on motion of Mr. DEFREES,
No. 339) granting a pension to Benjamin Franktee on Finance. (at five o'clock p. m.,) the House adjourned.
lin was read a second time, and considered as The motion was agreed to.
in Committee of the Whole. It directs the Mr. SUMNER. I also offer a petition, Secretary of the Interior to place the name of PETITIONS, ETC.
numerously signed by citizens of Andover, in Benjamin Franklin, a private in company H, The following petitions, &c., were presented under Massachusetts, praying Congress to impose second regiment Minnesota cavalry volunteers, the rulo and referred to the appropriate committees: such conditions upon the rebel States as shall By Mr. BANKS: The memorial of Pardon Worsley,
on the pension-roll, at the rate of twenty-five for compensation for services rendered the United | punish treason, at least with ineligibility to dollars per month, to commence from the 15th States.
office and loss of power, and reward loyalty | day of January, 1865, and to continue during By Mr: CLARKE, of Ohio: The petition of Bar
with confidence and honor; and which shall his natural life.
demand, as an evidence of sincere loyalty and The bill was reported to the Senate with-
lition of all distinctions, in their constitutions third reading, read the third time, and passed. their legal representatives in any land district, by and laws, on account of color or race. As
CAIRO AND FULTON RAILROAD GRANT. exhibiting their discharge papers and making oath that subject is now pending before the Senate, to their identity before the register, to secure a title I move that this petition lie on the table.
Mr. POMEROY. I move that the Senate to one hundred and sixty acres or less, and the time of seitlement left to the option of the party acquir
The motion was agreed to.
proceed to the consideration of Senate bill ing title.
Mr. KIRKWOOD presented a petition of
The motion was agreed to; and the Senate,
as in Committee of the Whole, resumed the the reef of rocks known as the Ilen and Chickens, in sage of a general bankrupt law; which was
consideration of the bill (S. No. 223) to revive Buzzard's bay.
referred to the Committee on Finance.
and extend the provisions of an act granting
I present the petition of
the right of way and making a grant of land By Mr. PIKE: The petition of 0. S. Livermore,
to the States of Arkansas and Missouri to aid
entered the public service at the commence-
upon the Mississippi, opposite the mouth of
the Ohio river, via Little Rock, to the Texas close, and that they have not received that IN SENATE. proportion of prize money resulting from cap
boundary near Fulton, in Arkansas, with Monday, May 28, 1866.
branches to Fort Smith and the Mississippi tures made by the flotilla that they were enPrayer by the Chaplain, Rev. E. H. GRAY. titled to under the laws when they entered the
river, approved February 9, 1853, and for
other purposes, the pending question being on The Journal of Friday last was read and || service, nor such an amount as was received
the amendment of Mr. POMEROY, in section approved. by those who were associated with them in the
one, line three, after the word - that'' to strike DEPOSITS IN NATIONAL BANKS, same service upon the Atlantic ocean, and
out the words the above recited act" and to The PRESIDENT pro tempore announced || praying for relief. I move that the petition be
insert, “the act granting the right of way referred to the Committee on Naval Affairs. the appointment of Mr. Wilson, Mr. HENDER
The motion was agreed to.
and making a grant of land to the States of son, Mr. VAN WINKLE, Mr. Johnson, and Mr.
Arkansas and Missouri, to aid in the construcBCCKaLew as the select committee to inquire
REPORTS OF COMMITTEES.
tion of a railroad from a point upon the Misinto the condition of the national banks with Mr. CONNESS, from the Committee on sissippi opposite the mouth of the Ohio river, reference to Government deposits thereiu, un- Mines and Mining, to whom was referred a via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort eral acts relating to pensions, asked a confer- to two or three propositions which were stated Smith' and the Mississippi river, approved ence on the disagreeing votes of the two Houses on a former occasion on the other side of the February 9, 1853."
thereon, and had appointed Mr. SIDNEY PER- Chamber. The amendment was agreed to.
HAM of Maine, Mr. George V. LAWRENCE of The honorable Senator from Michigan (Mr. The bill was reported to the Senate as Pennsylvania, and Mr. Nelson Taylor of | Howard] when this question was up the other amended, and the amendments were con
New York managers at the same on its part. day denominated it a very simple proposition, curred in. The bill was ordered to be en- The message further announced that the by which I suppose he meant to convey to us grossed for a third reading, was read the third House of Representatives had agreed to the || the idea that it was an unmixed and plain time, and passed.
amendments of the Senate to the bill (H. R. proposition, one that was uncompounded with
No. 568) to repeal section twenty-three of other questions. I believe he thought it so KANSAS AND NEOSIIO VALLEY RAIL ROAD.
chapter seventy-nine of the acts of the third plain, so simple, so unmixed, and clear that Mr. HENDERSON. I move that the Sen- session of the Thirty-Seventh Congress, relat- even the great power and ingenuity of the ate proceed to the consideration of the bill (S. || ing to passports.
honorable Senator from Maryland (Mr. Joux. No. 285) granting lands to the State of Kan- The message also announced that the Speakerson] to make the worse appear the better sas to aid in the construction of the Kansas of the House of Representatives had appointed reason"' could not obscure it. and Neosho Valley railroad and its extension Mr. S. E. ANCONA, of Pennsylvania, as one of Now, sir, what is the proposition so characto Red river.
the managers at the conference on the disa- terized by the honorable Senator from MichiMr. HENDRICKS. I rise to ask the Sen- || greeing votes of the two Houses on the bill | gan? We all know what the bill is. The bill, ator from Missouri if he desires to take up that (H. R. No. 85) for the disposal of the public in its comprehension and sweep, asserts that bill in the absence of the Senator from Kan. lands for homestead actual settlement in the the Government of the United States may ausas, [Mr. LANE,] who, I understand, is opposed States of Alabama, Mississippi, Louisiana, thorize the railroads in the several States to to the bill. I do not know why that Senator Arkansas, and Florida, in place of Mr. ADAM make connections with each other, without reis absent this morning, but I suppose he will J. GLOSSBRENNER, who has been excused from gard to the terms of their charters and without be here during the day. I have no desire on serving at said conference.
regard to the laws and constitutions of the sermy own part to postpone the consideration of The message further announced that the eral States. That is the general proposition; the bill any further; but it seems to me that House of Representatives had passed the fol- but the proposition which the honorable Senit ought not to be taken up when the Senator | lowing bill and joint resolution, in which it ator from Michigan maintains is so clear and from Kansas is out of his seat-I presume requested the concurrence of the Senate: explicit that no sophistry of argumentation can necessarily so.
A bill (H. R. No. 602) to equalize the boun: obscure it. It is simply the proposition that Mr. HENDERSON. One of the Senators ties of soldiers, sailors, and marines who served the Government of the United States has the from Kansas is present. in the late war for the Union; and
exclusive power to regulate foreign commerce Mr. HENDRICKS. But the Senator from A joint resolution (H. R. No. 143) making and commerce among the States. I do not Kansas who is absent is opposed to the bill. an appropriation for the repair of the Potomac mean to misstate the honorable Senator. I Mr. POMEROY. I presume my colleague bridge.
understand that to be his proposition, that it will be in before we complete the reading of
ENROLLED BILL SIGNED.
is clear beyond cavil and beyond controversy the bill. He is in town, and I know of no The message also announced that the Speaker | has the exclusive right to regulate foreign
that the Government of the United States reason why he is not here. I presume that if
of the House of Representatives had signed an we take up the bill he will be here before its
commerce and commerce among the States. enrolled bill (H. R. No. 568) to repeal section reading is completed.
I do not deny that proposition. I think that twenty-three of chapter seventy-nine of the acts Mr. ANTHONY. I happen to have re
is clear and conclusive. The very statement of the third session of the Thirty-Seventh Conceived a note from the Senator from Kansas,
of it carries conviction. Nobody denies it on gress; and it was thereupon signed by the not in regard to this bill but with reference to
this side of the Chamber that I know of. But President pro tempore of the Senate. another matter, in which he stated that he
is that all there is in this case? Does the should be necessarily detained from the Sen
honorable Senator mean to say that when he ate to-day.
Mr. HOWARD. I now move to take up
has declared that proposition to be a clear one Mr. POMEROY. I know of no reason why
he has argued his case and is entitled to a House bill No. 11. we should not proceed to the consideration of
verdict? Is there no other question of com
The motion was agreed to; and the Senate, the bill. as in Committee of the Whole, resumed the
merce than foreign commerce and commerce Mr. HENDRICKS. It is a question for the consideration of the bill (H. R. No. 11) to
among the States? When the honorable SenSenator from Missouri and other Senators to
ator has made that declaration and asserted facilitate commercial, postal, and military comconsider whether when a Senator from the
that proposition he has not reached this case munication among the several States, the quesState where the grant is proposed to be made, tion being on the amendment proposed by Mr.
at all. He has argued it, to be sure, very who is opposed to the bill, is absent, we ought CRESWELL, to add the following as an additional
adroitly; he has shown that he understands the to take it up in his absence. I think not. section to the bill:
skill of the profession which he ornaments ; Mr. HOWARD. I know very little of the
but he has not begun to approach this case.
And be it further enacted, That Congress may at any merits of the bill which it is proposed to take
This bill has nothing to do with foreign comtime alter, amend, or repeal this act. up now; but as the Senator from Kansas is
merce, and I suggest to the honorable Senator not in his seat at present I hope it will not be
Mr. SUMNER. I would simply remark that it has very little to do with commerce taken up, but that instead of it we shall take that that amendment is entirely superfluous. || among the States. up House bill No. 11, relating to commerce
Congress can do what is there proposed at any The great distinction for which I contend, between the States.
time. I do not see any use in adding the words. and which the Senator on the former occasion Mr. HENDERSON. I rise simply for the
Mr. MORRILL. That depends very much, did not touch, nay, did not approach, is this: purpose of withdrawing my motion and giving I believe, upon questions which may arise while I concede that the jurisdiction of the a notice to the Senate. This is the third time before the courts. It has been pretty well set- United States is exclusive and supreme over this bill has been called up. It is really a
tled in this country that there are certain || foreign commerce and commerce among the matter of very little consequence; it simply || rights which inhere in corporations, that can- States, there is a commerce which is internal, involves perhaps the grant of five or six or
not be repealed unless the power to do so is which is domestic, and which is exclusively seven thousand acres of land in the State of reserved.
within the power of the States. That is the Kansas. Beyond that I think it cannot inter
Mr. CHANDLER. This bill is general in its proposition to which I invite the attention of fere with anybody's rights. I do not know
character; there are no specific rights granted the honorable Senator and to which I comthat it interferes with anybody's rights in that to any one corporation over others. The
mend him. This bill invades that commerce, respect. It is nothing more than a usual and
which this amendment proposes to reserve is and therefore I oppose it. The honorable ordinary land grant. This is the third time I evidently contained in the original bill. I Senator will find in the history of the legislahave attempted to get the bill up, and some
would rather take the bill as it is, and I pre- tion of this country, in the history of the Conthing comes in the way all the time. I now
fer that the amendment should not be adopted. stitution, in its interpretation by the wise men give notice that I shall, after to-morrow, call
The amendment was rejected; there being, who inaugurated it, and in its interpretation by the bill up no matter who is present or who is on a division--ayes 12, noes 13.
the courts, that the distinction which I insist absent, and ask that the Senate vote upon the
Mr. MORRILL. I feel under a sort of ob. upon has been recognized in every department proposition.
ligation to pay a passing compliment to this of the Government; that there is a commerce Mr. SUMNER. I understand the Senator
bill. I once had some thoughts collected on foreign and among the States, and there is from Missouri to withdraw his motion.
this subject on one or two points, but they commerce of the States and in the States which Mr. HENDERSON. Yes, sir; I withdraw
have pretty much passed out of my mind at is peculiar to the States and with which the it for the present.
the present moment, and I am rather appre- Government of the United States has nothing
hensive that I shall not be able to recall them to do, and upon which it cannot trench. That MESSAGE FROM THE HOUSE.
at this time in a way at all satisfactory or in. is the doctrine. The point I shall undertake A inessage from the House of Representa structive to the Senate; but it is a matter of to establish to-day, if I succeed in collecting tives, by Mr. McPherson, its Clerk, announced || quite too much importance to be allowed to go | myself sufficiently to make reference to the that the House of Representatives had disa- by default. I am not going to speak against books, is, that this bill is unauthorized by the greed to the amendments of the Senate to the time, and I do not propose to make a very Constitution, because it trenches on the rebill (H. R. No. 363) supplementary to the sev. discursive speech. I propose only to reply Il served rights of the States to regulate that