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in bottles; roofing and paving, slates and tiles, and American register to the bark Aug. Guardien, confederate corsairs were roaming the seas rigặt manufactures of stone of all kinds; precious stones and imitations thereof; and no abatement of duties

of the port of New York, the same being a upon her very track. The additional war risk, sball be made for stains or injury to casks containing

French-built vessel, but now owned by Amer- iť paid for by the increased insurance, would liquids, nor for damage of molasses" by souring, nor ican citizens.

not compensate for the loss of his vessel; his shall there be in any event an average allowance for

The bill was reported to the Senate, ordered own Government was unable to protect him ; damage,

to be engrossed for a third reading, read the and be it so that an error of judgment was Mr. SHERMAN. My attention has not been third time, and passed.

committed by this question in transferring the called to this bill before. It seems to me that

vessel, for the sake of the protection of the

BARK GOLDEN FLEECE. it is a part of the tariff system, and ought to go

ship and cargo, to a foreign flag, is it right that to the Finance Committee in connection with Mr. CHANDLER. I now move that the a citizen who has done so much as I know this the tariff. · It is a bill to provide for an abate. Senate proceed to the consideration of Sen. gentleman has done, (and who since the close ment of duties, to modify the law in regard to ate resolution No. 109, which was reported of the war, partly on account of his patriotic duties. The provisions in regard to the abate adversely by the Committee on Commerce. services, the citizens of my State have again ment of duties are all under the tariff law. I The motion was agreed ; and the Senate, as and again offered the nomination for the Gov. do not know to what extent this bill changes in Committee of the Whole, proceeded to con- ernorship of that State and he has steadily the tariff law.

sider the joint resolution (S. R. No. 109) || refused it,) is it right for an error of judg. Mr. MORRILL, of Vermont. I agree with | authorizing the Secretary of the Treasury to ment that he and his partners may have comthe Senator from Ohio that the original bill issue an American register to the bark Golden mitted during the war, to continue to affix this ought to have been sent to the Committee on Fleece.

stigma and compel him to keep his property Finance; but it not having been sent there, and Mr. FERRY. I desire to be informed by afloat under the British flag? Now, I submit, having been considered by the Committee on the chairman of the committee what were the Senators, if the general principle be right, if Commerce, I saw no other way to propose any facts in the case of the bark Golden Fleece, it be true that Mr. Trowbridge did commit an amendment but by offering it to this bill. I and if there be any special reason why an error of judgment, yet, stating what I know in understand the original bill has received the American register should not be issued ? regard to this gentleman, an exception ought approval of the Department, but it ought not Mr. CHANDLER. Last winter and winter to be made by the Congress of the United to pass without this amendment, because it before last the Committee on Commerce, both | States in his case. I hope that the bill will changes our laws in relation to damages. The in the House of Representatives and in the not be indefinitely postponed, but passed. amendment which I have proposed will leave Senate, had numerous applications from per- Mr. SUMNER. I agree with the Senator the law very much as it now is, with the addi- sons who had changed their flags during the from Connecticut in the view that he has pretion of a few articles more upon which no dam rebellion; and after full consideration of the sented, and indeed I should be disposed to go age is to be allowed; and it is in harmony with || subject in all its aspects, the committees a little further and ask the Committee on the practice of other nations.

decided not to report favorably upon the appli- Commerce if they are disposed now, at this late Mr. SHERMAN. This bill relates to the cation to give an American register to any ship | day, to adhere to the rule which they originally tariff, and is really a part of the revenue sys- that had changed her flag for safety during the adopted? I do not undertake to criticise that tem.' I move that it be referred to the Com- | period of the war. The reasons for this decis. rule so originally adopted by them. It may mittee on Finance ; and I will state to the ion were these: if all the vessels belonging to have been very proper immediately after the Senator from Michigan that, if I find it satis- our mercantile marine had changed their flags close of the war, when many applications factory, I will return it to his charge as soon for safety during the war it would have been were made. I myself was in the habit at the as I can examine it.

utterly impossible for the Government to have time of receiving applications from ship-owners Mr. CHANDLER. I have no objection to carried on the war; they could not have whose interests were involved. But I venture its taking that course.

obtained transportation. During the rebellion now to ask the cominittee whether that rule The PRESIDENT pro tempore. The Sen- most of the shipping interest of the United has not been in force long enough? ator from Obio moves that the bill and amend- States obtained security by paying, I think my We are now looking about in every direction ments be referred to the Committee on · Fi. friend from New York told me, ten per cent. to do away, so far as we can, with all those

additional insurance risk. All could be in: | rules and usages that were the growth of the The motion was agreed to.

sured by paying ten per cent. additional risk. We have already passed a bill through

These parties are loyal men, very loyal men ; this Senate which has relieved a large number Mr. CHANDLER. I now move to proceed

but they changed their flag, and this vessel of persons of their disabilities at the South;

comes under our rule. That is all there is in and now the question that I again put to the to the consideration of Senate bill No. 505. the case.

committee, is whether we may not properly The motion was agreed to; and the bill (S.

Mr. FERRY. I have nothing to say with turn to the North and see whether there are No. 505) to amend section five of an act entitled "An act concerning the registering and record

regard to the general rule upon the considera- not parties there against whom a rule has been tion of this particular case, although I might,

enforced which is calculated to be of serious ing of ships or vessels,'' approved December

if that were the subject matter of inquiry now, detriment to them in their property and busi31, 1792, was considered as in Committee of

have doubts as to the expediency of that gen. I am not going to raise the question the Whole. It proposes to repeal section five

eral rule, especially in these days, when we are whether the rule, when it was begun, was not of an act entitled "An act concerning the regis*tering and recording of ships or vessels,''

complaining that our flag is driven from the entirely expedient. I accepted it as such at that

ocean and our commerce languishing in con- time; but I submit that at this moment, when approved December 31, 1792.

sequence of that fact. But in reference to this we are all seeking to bring about what, borThe bill was reported to the Senate, ordered to be engrossed for a third reading, read the

particular case I have something to say. rowing a phrase from another time, I would

The principle upon which the rule has been call the third time, and passed.

era of good feeling,'' we may not adopted by the committee would seem to be properly apply that sentiment to this rule? BRIG HIGHLAND MARY.

that although the persons who changed their Now, unless I am mistaken, we should go Mr. CHANDLER. I move that the Senate flag might be loyal citizens yet that the act beyond this individual case and generalize. proceed to the consideration of Senate joint | itself was an unpatriotic act, and that there. We should open the door for the return of resolution No. 113.

fore they ought not to be permitted to return these flying vessels who left us for their safety · The motion was agreed to; and the joint | their vessels

to the protection of the American or for the interests of their owners during the resolution (S. R. No. 113) authorizing the Sec

flag. Now, sir, I know the owners of the war. We should let them come back in peace retary of the Treasury to issue an Ämērican bark Golden Fleece. The principal owner and take their place once more in the mercanregister to the British-built brig Highland Mary

is Mr. Thomas R. Trowbridge, of the city of tile marine of the country. Such, I must say, was read the second time, and considered as New Haven, in my State, a gentleman who is the inclination of my judgment on this ques. in Committee of the Whole. It proposes to

stands next to no man in my State or in New || tion, stated in its most general form ; and that authorize the Secretary of the Treasury to England in his patriotic devotion and exertions | brings me to this special case. Even supposing issue an American register to the British-built from the beginning of the war, Himself far the Senate is not disposed to adopt the more brig Highland Mary, owned by H. and S. advanced beyond the period of military ser- general proposition which I suggest, we have French, of Sag Harbor, New York.

vice, scarcely had Fort Sumter fallen when he then the question presented on the individual The bill was reported to the Senate, ordered

devoted his whole energies, to my certain case that has been argued by the Senator from to be engrossed for a third reading, read the knowledge, to the raising of troops in the State Connecticut. It may be that the Senate will third time, and passed.

of Connecticut, assisting our noble Governor, | think it better to proceed by individual cases BARK AUG. GUARDIEN.

furnishing supplies out of his own private rather than by an alteration of the general rule.

purse; and when the conflict actually began I So beit; this individual case comes now betore Mr. CHANDLER. I now move that the have myself seen this same gentleman at the us, and, on the statement of the Senator from Senate proceed to the consideration of Senate front, tending to the wants of our regiments ; Connecticut, for one I shall be entirely conjoint resolution No. 36.

and I have no doubt that the amount contrib- tent that by the legislation of this country we The motion was agreed to; and the joint uted by him from his own private means dur- shall say to this vessel " come back." resolution (S. R. No. 36) authorizing the Sec. || ing the period of the war and the results of his Mr.CHANDLER. Mr. President, the Com. retary of the Treasury to issue an American personal exertions were surpassed by those of | mittee on Commerce had this subject a long register to the bark Aug. Guardien was read no other citizen throughout the whole country. time under consideration before it decided the second time, and considered as in Com Now, sir, what was the fact in regard to the || what course it would pursue. The impression mittee of the Whole. It proposes to authorize | bark Golden Fleece? She was on a voyage, as I of the committee was that to permit these ves. the Secretary of the Treasury to issue an understand, laden with a valuable cargo, and the li sels to come back and resame their flag after

war.

REGISTERING OF VESSELS.

ness.

a

the termination of the war would be in all selves, and being of ourselves chose to avail him, unable to find protection from his own future wars offering a premium to those who themselves of that position among ourselves Government, souglit temporary protection onshould desert the flag. It was not only the ten to escape partially from the risks and dangers der a foreign flag, seeking, ils it was his duty per cent. which was a tax upon our commerce, which others ran, to withdraw themselves or to do, the interest of the owners, and subse. but the insurance upon the cargoes was like. their property by a change of flag, by con- | quently tliose owners acquiesced in the action wise ten per cent. additional. Consequently cealment of a fact, by so far just putting them: at the very time when, to my certain knowl. our vessels during the whole four years of war selves outside of their country for the sake of edge, the principal owner of this vessel at any were compelled to do business at that loss over gain or to escape loss, and then claim to come rate was engaged in pouring out his treasure all vessels that changed their flag. Why should back again on an equal footing with those, and as freely as water for the purpose of filling up we take back a vessel that enjoyed this immu. perhaps to the injury of those, who did not our regiments and sustaining our troops in the nity for four years, I may say unpatriotically, resort to that course of action.

field ; and you say that these men for the error, although I would not apply that remark to this In consequence of the withdrawal of such || if it be an error, committed then, shall be for: case, for my impression is that the owners of large amounts of shipping during the war other ever stigmatized by adverse votes of Congress this vessel, had they been with the ship, would people put their property into that description upon an application of this kind, as during not have changed the flag. Mr. Trowbridge of business, and any one can see that the intro- that very war having been unpatriotic and is as patriotic as my friend from Connecticut duction of foreign shipping largely into our quasi disloyal to their country. asserts; no man more so. The Committee on commerce must affect their interests to a very I agree with the general principle enunciated Commerce, in view of all the circumstances, considerable degree. It has been against the by the Senator froni Massachusetts, [Mr. Sumwere willing to make an exception of his case, policy of this country always to nationalize NER,] that it is time to put an end to these and during the last Congress we reported a bill shinping not built by ourselves. It is only things on both sides, North and South. I for his vessel, wbich was passed and sent to the done under very peculiar circumstances; gen.

think it is time to bring back harmonious other House, but the House refused to concur erally in cases of wreck, where the amount of feelings and the old fraternal relations if we in it. We were willing to make an exception repairs put upon a vessel exceeds the original can do so without endangering the interests of the owner of this ship ou account of his cost, and those repairs are made in this coun- and the future welfare of the country. I can. loyalty and devotion to his country. But, sir, try.' If that is the policy of the nation, is it not see any danger from an operation of this the committee did not think-at least they have right so far to controvert it, so far to act against kind; but I can see danger where such men as not yet arrived at the conclusion--that the rule it, as to introduce this large quantity of ship. | know the owners of this vessel to be are ought to be changed. The matter is in the ping at once among ourselves, when the owners kept perpetually stigmatized by the action of hands of the Senate. I have not the slightest have chosen in a time of national peril to Congress and turned out of its doors when they objection to the Senate passing this bill, if they | denationalize it? Sir, I am for letting them come here, asking simply to increase the mer. choose to do so, inasmuch as I once advocated take the consequences of their own act; at any cantile marine of the country by a vessel that it myself; but I am still satisfied that the gen. rate I am not disposed to pass laws here in is now under a foreign flag, and refuse because eral rule adopted by the committee was a cor: Congress for the mere purpose of giving addi. of an error which they may have made two or rect one, and that it should be enforced. Lettional value to property which the owners of

three years ago. it be understood in all future time that the man that property chose voluntarily to withdraw

Mr. CHANDLER. I send to the desk the who changes his tlag during a war has changed from the protection of our tlag. I see no jus. petition of the owners of this vessel, and ask it forever. We could not have carried on the tice in it, and no propriety in it, and therefore

ihat it be read as it sets forth their own case war if our ship-owners generally had pursued I shall vote against the bill.

fully. this course. We had something like a thou. Mr. FERRY. A few words in reply to the

The Chief Clerk read as follows: sand transports at one time engaged by the Senator from Maine. The Government of the To the Honorable the Senate and flouse of RepresentaGovernment carrying supplies. If our ships United States has a duty to its mercantile

tives of the United States in Congress assembled : had all changed iheir flags, where should we marine and its ship-owners as well as they have

The undersigned, merchants of New Haven, Con

necticud, and loyal citizens of the United States, have found this transportation? It is perfectly a duty reciprocally to the Government of the respectfully represent that for a period of more than evident that if their owners had done as these United States. The Senator complains that

fifty years their house have been engaged in foreign owners did our war would have failed for want the bill legislates to bring back under our flag

comunerce; that during the great rebellion they were

owners and employers of many vessels in their own of transportation. While I insist upon the those who have voluntarily renounced the pro- trade; that in 1863 they contracted for the building general rule, I am not strenuous about its || tection of that flag. That is a begging of the

of a tine bark for their business, at a large expense,

namely, for about thirty thousand dollars; that in application to this case.

whole question, for the very difficulty was that the autumn of 1863, when the vessel was completed Mr. FESSENDEN. It strikes me that this at this time the Government of the United and ready for sea, tho rebel cruisers were making is a very simple question. I do not know what | States utterly failed in the performance of its

such havoc with United States ressels that your petithe circumstances of this particular case are,

tioners having nearly their whole fortunes exposed first duty, perhaps from no fauit of its, prob- to capture by the rebels-and as this bark with her for I have not heard them stated. I infer, || ably owing to its misfortune. The Govern cargo would amount to fully $50,000 additionalhowever, from what has been said by the Sen. ment failing in the protection which it was

thought it prudent to avail of an opportunity to seek ator from Michigan, that the flag was not in bound to afford to the owners of the mercan

protection by selling the vessel to a friend wbo was

a British subject, and taking a mortgage on the said this case changed by the direction of the own. tile marine of the country, many of them vessel they accordingly sold the vessel, calling her ers, but by direction of the master, the owners resorted to the protection of other flags. While

the Golden Fleece, and thus she passed under the

English tlag, but has never passed out of the actual not being aware of it. I do not excuse entirely those who sought the

ownership of your petitioners. They now wish to Mr. CHANDLER. It was acquiesced in protection which their own Government did have the said vessel returned to the American flag. by the owners during the war, after it was not afford from a foreign flag, I do say that

and in accordance therewith bumbly petition that an done.

American register be granted to the said bark Golden now when the complaint is universal-and I

Fleece formerly of New Haven. Mr. FESSENDEN. Then the case does not bave heard it on the floor of the Senate from

H. TROWBRIDGE'S SONS. differ at all from any other case where the the Senator from Maine-that our flag is ban.

New Haven, February 14, 1868. change was made originally by direction of the ished from the ocean ; now, when loyal Ameri- Mr. FESSENDEN. That makes a worse owner if he acceded to it and availed himself can citizens who, not being able to obtain from case than I supposed. It seems now that at of the benefits that accrued. It strikes me their own Government during that period the the time the vessel was being built the owners that the question is a very simple one; and it protection which it was its duty to bestow upon deliberately came to the conclusion that they is, whether a man engaged as one of our people them, from error of judgment, perhaps, sought would put her under a foreign tlag, and for in our great contest should be permitted during that protection abroad, desire to come back that purpose made a sham sale.

So it seems the pendency of that contest to withdraw his and build up again our mercantile marine by they are solely responsible for it, and it was property to his own particular benefit from the the addition of I do not know how many more deliberately done. I do not see how their case risk which others assumed in consequence of vessels to that marine, that we should con- differs in the slightest possible degree from a the war, and thereby put money into his own tiuue, according to the Senator's argument, great many other cases where the same thing pocket, and during the war derived all the bene. forever to ostracize these loyal citizens of the was done in precisely the same way. lits from that course of action which he expected Republic, seems to me to be bad in principle This vessel was built early in the war, when to derive from it, and then when the war is over and bad in policy. It may well be that a Sen- the building of vessels was comparatively just come back again upon an equal footing with ator from the State of Maine, upholding most cheap. At this time, in consequence of the those wbo exposed their property, and did not firmly always upon this floor the policy which war itself, the cost of building vessels has sbrink or skulk from the dangers properly he has just enunciated as the policy of the almost doubled. Now, if you choose to bring appertaining to their position. I cannot con- Governinent in regard to nationalizing any back all these vessels thus sold--and they are ceive that the question presents itself in any || foreign-built vessels, might be glad to extend quite numerous--you bring into our commerce other light.

the operation ot'the same rule to those vessels to compete with vessels that were nolthus sold I unite with the sentiments which have been which were compelled to seek protection under and vessels built at the present time at double advanced by the honorable Senator from Mas. | a foreign tlag.

the cost vessels that have not cost more than sachusetts ( Mr. SumnER) as to the importance I did not intend in the commencement of half as much, and thus affect their interests of kindness and conciliation, and an endeavor this discussion to go at all into the general and the interests of ship building generally. to lo away with the asperities that have grown inquiry as to the policy of the rule adopted by Mr. CHANDLER. "The Senator will perup during the war. I am very glad to hear the Committee on Commerce, but I directed mit me to state that there were ten hundred him express these sentiments; but it strikes my argument mainly to this special case, where and seventy-six vessels in all that either me that it is a very singular application of them a vessel being on a voyage across whose track changed their flag or were destroyed-a very to apply them in the tirst instance to owners came the contederate pirates the master, with large number. of property belonging to men who were of our the responsibility of the vessel and cargo upon

Mr. FESSENDEN. I call that a very large

son-23.

SALE OF SHIPS TO BELLIGERENTS.

2

at it.

number. The Senate will see at once what was made to bear on the shipping interest of Fowler, Frelinghuysen, Grimes, Howe, Johnson, the effect would be upon the existing com. the northern States, and I apply to that the

Morrill of Maine, Morrill of Vermont, Morton,

Norton, Ross, Sherman, Stewart, Thayor, and Wilmerce that has been built up, so far as it could same principle that I would apply generally to be built recently. It is giving to those men the rebel States. I ask myself whether there

So the bill was rejected. who chose not to run the hazard over those is any reason of public safety that shall require who chose to run the hazard, as many did, || the further maintenance of that rule. I cannot this striking advantage. Is that dealing justly find it. The Senator from Maine says that the Mr. PATTERSON, of New Hampshire. If by those who scorned to cover their property return of these vessels would bring a large || the Senator from Michigan will allow me one in that way, by disclaiming the protection, so interest in competition with another interest moment, I wish to move to reconsider the vote far as it went, of the flag of their country and that is already in the country and which took by which Senate bill No. 94, declaratory of the for the time putting their vessels under a for- no advantage of a foreign flag. It may be so. law with regard to the sale of ships to friendly eign flag? I think it would not be just. But I would ask whether that argument is not belligerents, was passed. It will take but a

As to putting a stigma upon these gentle- || applicable to every proposed change in the moment. men, I think that is a very curious way to look rebel States; whether we can confer any rights Mr. CHANDLER. Let the motion be

If they had not brought their petition on any individuals, or relax any of those severe entered. here nobody would have known anything about rules anywhere in the rebel States, without, The PRESIDENT pro tempore. If there be it; no stigma would have been put upon them in some respects, directly or indirectly, bear- rio objection that motion will be entertained. by Congress. It is very curious logic that | ing also upon faithful Unionists during the Mr. PATTERSON, of New Hampshire. I people come voluntarily into these Halls and war? It seems to me that the argument, if merely wish to say that this bill pretends to say, "We have done a certain thing which you apt in one case, is also apt in the other. For | settle by an act of legislation a grave question do not approve, which the country does not myself, so far as the rebel States are concerned, of international law. It also forecloses all approve, which does not approve itself to the I fall back upon the position which I took some action upon a case which for six weeks past mind of any right-thinking man, perhaps, for four or five years ago in this Chamber, that has been under consideration by the Committhe sake of gain, or to avoid loss; we ask you when the change can be made consistently tee on Retrenchment. It is well known that to restore to us not only the advantages we with public safety it shall not want my vote. the Navy Department has sold two of our ironhave lost thus voluntarily, but to give us a And now I ask that the same rule shall be clads to the Peruvian Government, or to cerpreference, in fact, over others who took a dif | applied to cases like that before us. I believe tain parties who have sold them to the Peruferent course from us, and if you do not do it that there is no question of public safety now;

vian Governmentit is putting a stigma on us. That is hardly || I believe that this ship can be allowed to come Mr. CHANDLER. Let the motion to reconan argument, I think, to be addressed to the back and take her old colors or her natural sider be entered. sense of the Senate on a question of that | colors, the colors that belong to her, without The PRESIDENT pro tempore. The quesdescription.

the Government receiving any detriment. tion is on reconsidering the vote by which the Why, sir, the argument which the Senator. Mr. MORGAN. As one member of the || bill was passed. from Connecticut makes, that they did this Committee on Commerce who reported this The motion was agreed to. thing because the country was unable to make bill, I desire to say that I shall feel instructed

THIOMAS W. WARD. them secure in the possession of their property, by the decision of the Senate on this bill and

Mr. CHANDLER. I now move that the might as well be carried further, and it would I have no doubt the committee will also. justify any other mean or disloyal act that was This seems to be a test case. It is not like

Senate proceed to the consideration of Senate

bill No. 542. done by any man simply because he thought | many others, where the captain of a vessel himself in danger at the time bis country was

The motion was agreed to; and the Senate, changed the flag in a foreign country without in danger. You may carry it out to justify

as in Committee of the Whole, proceeded to the knowledge of the owners. The flag was

consider the bill (S. No. 542) for the relief of desertion, or even treachery, as more is granted changed in this case by Mr. Trowbridge him.

Thomas W. Ward, collector of customs at Corto one who desires to save his life than one self. There were two courses open to him while who desires to save his property. he was building his ship and when he concluded

pus Christi, Texas. It proposes to direct the Sir, I am opposed to this whole thing, not to send her to sea: he could pay the extra in

proper accounting officers of the Treasury to only on the general principle which I have

settle the accounts of Thomas W. Ward, late surance, or he could make sale of the ship

collector of customs for the district of Corpus stated, but on the principle that carrying this and change its flag. He chose the latter course, out the effect is materially to injure the inter- and placed his ship under the British flag.

Christi, Texas, from March 5, 1867, to July 31,

1867, and to allow him the same compensation ests of men who were not exposed to the charge | Others chose the opposite, and paid the adto which these gentlemen are exposed. They | ditional insurance. If the Senate shall decide

and emoluments as if he had been legally col.

lector of customs for that district for that period. must take the consequences of their own act. that they will grant a register to Mr. Trow

It further proposes to recognize the deputy colThey chose voluntarily to take their chance || bridge, a highly-respectable gentleman, whom for the sake of gain. Let them be satisfied I have had the pleasure to know for a great

lector appointed by Thomas W. Ward on the with it, and having saved their property and number of years, I, as one member of the

7th of March, 1867, as the legal deputy col. made their gain, let them not come and ask committee, shall consider this question settled,

lector of the district, and the accounting offi

cers are to settle his accounts in the same manfor more at the expense of others who are and that hereafter we are to grant all these more worthy in that particular than they are

ner as if he had been legally appointed and all applications. Heretofore we have granted

his acts were legal. themselves. The bill was reported to the Senate without Mr. FESSENDEN. I will suggest one other

The bill was reported to the Senate without amendment. idea; and that is, that during the war all these

amendment, ordered to be engrossed for a third Mr. MORGAN. The report of the com- vessels were in fact British vessels. They were

reading, read the third time, and passed. mittee was adverse in this case. under the British fag, engaged in British com

ORDER OF BUSINESS. The PRESIDENT pro tempore. If no merce; and their interest was, as it was the Mr. MORGAN. I move that the Senate amendment be offered, the question is on order- interest of British commerce, to destroy ours, now proceed to the consideration of House bill ing the bill to be engrossed for a third reading. what we had to destroy; and I am told as a No. 764, for the relief of certain exporters of

Mr. FERRY. I ask for the yeas and nays matter of fact that the enemy got probably more distilled spirits. It has been a long while on that question.

information in regard to us through men sail- before the Senate. I believe there is now no The yeas and nays were ordered.

ing these vessels which were transferred to the longer any objection to it; and it is very imMr. SUMNER. Before the vote is taken I British flag than they did from any other quar- portant that the bill should be taken up and desire to make one reinark. I remember that ter. They were acting against us all the time disposed of. several years ago while the war was raging, necessarily, because they were British ships ; Mr. HOWE. I wish to ask the Senator from when there were various questions before the and now they come and demand that they shall New York if he will not allow me to call up a Senate of confiscation, of emancipation, of the be taken back again under our flag. I think bill? I do not wish to antagonize it to his; enforcement of military rule in the rebel States, that I would extend mercy to the rebels that but the chairman of the Committee on ApproI said from my seat in this Chamber that the honorable Senator from Massachusetts priations, who is not able to be here to-day, regarded all these measures, except the great | speaks of to-day quicker than I would grant a sent word to me that there, was an urgent act of emancipation, as acts of war for the petition of this kind.

necessity for the passage of the bill approprimaintenance of the rights of my country; that The PRESIDENT pro tempore. The ques- ating $150,000 to sustain the Indian peace when those rights had been secured, and when tion is on ordering the bill to be engrossed for

commission, so called. I suppose it will occupy there was no longer any reason for the enforce- a third reading, on which the yeas and nays but a moment, and I hope the Senator will ment of any of those rules, I would be among have been ordered.

allow that to be taken up. the foremost to insist upon removing them all; The question being taken by yeas and nays,

Mr. MORGAN. When this bill is taken up, that no one should ouido me in clemency to resulted-yeas 11, nays 20; as follows: if it does not thereby lose its place, I shall not any rebel the moment the time had come when

YEAS-Messrs. Davis, Ferry, Henderson, Patterson

object to that measure being taken up; but I that clemency could be shown with safety to of Tennessee, Pomeroy, Ramsey, Sprague, Sumner,

think the Senator had better let this bill be the Republic. I am not sure that the time has Van Winklo, Vickers, and Willey-11.

passed. I think it can be disposed of in a few

NAYS — Messrs. Buckalow. Cameron, Chandler, yet come when all those rules which were then Cole, Conkling, Corbett, Fessenden. Harlan, Hend

minutes. It was up once before, but some adopted with regard to the rebel States can be ricks, Howard, McCreery, Morgan, Nye, Patterson objection was made, as it was feared there relaxed. I am not sure that it can be done of New Ilampsbire. Şaulsbury, Tipton, Trumbull, would be frauds under it; but I think those

Wado, Williams, and Yates-20. consistently with the public safety.

ABSENT-Messrs. Anthony, Bayard, Cattell, Con

objections are removed. But now I turn round to this other rule which ness, Cragin, Dixon, Doolittle, Drake, Edmunds, The PRESIDENT pro tempore. The ques

none.

tion is on the motion of the Senator from New undoubtedly, the Senator from Vermont (Mr. cussion. But then he might begin this afterYork, to take up the bill (H. R. No. 764) for || EDMUNDS] will be here, and in that way we noon, if we should take it up at three o'clock. the relief of certain exporters of distilled shall get along with the bill; but if the Senate If the Senate is not disposed to proceed with spirits.

wait until everybody is here who wants to make it this afternoon, then I think that there Mr. HOWARD. I really hope that the Sen- a speech upon it we shall probably not reach should be an understanding that it shall be ate will not take up that bill, but will take up it ihis session. It is a question,'I contend, taken up at one o'clock to-morrow, and that Senate bill No. 256, relating to the central that the public are interested in, outside of the nothing else shall be allowed to interfere with branch Union Pacific railroad-a bill which has sense which the honorable Senator from New it until it is acted on finally. If the opposition been before the Senate and has been pretty York suggests. It is a question in which the of the Senator from New York should then prethoroughly discussed, and one which is of a public faith is concerned, as I look upon it; || vail, be it so; but let us act upon it. I think great deal of importance, both to the Govern- and I insist upon it, it ought to be determined that the bill is too important, whether you look ment and the parties who are interested in it. one way or the other, for I do not misstate the at it in the light of the public interests involved It has been pending before the Senate now for case when I say that this road has no connec- or of the private interests in question, for the several months, and has been from time to tion, and it is impossible to make one unless Senate to continue to sport with it, if I may be time discussed, and I really hope the Senate Congress do something to put the company pardoned the expression, as it seems to me to will now consent to take it up and finish it, upon their own resources or to give them have done during the last two months. Great dispose of it one way or the other. I do not means to carry on the work so far as to fulfill interests are here in question. Private indilike, of course, to antagonize it against the bill the faith originally pledged.

viduals have made large sacrifices, and they of the honorable Senator from New York, but Mr. HENDRICKS. I think the Senator are now held in suspense. I do not think I do not see any other way that I can take. I from Michigan [Mr. HOWARD) perhaps had || it right. I remember that the Senator from hope, therefore, that the bill which is now better accept the suggestion of the Senator Ohio, [Mr. SHERMAN,] when he began the opmentioned will not be taken up, and that mine from New York, [Mr. CONKLING,) with this position to this bill, publicly announced here will be.

modification: we should have an understand- ihat the parties had an unquestionable equity. Mr. CONKLING. Without reference to the || ing that the bill will be taken up to-morrow at That was his own language. On looking into bill which it is proposed now to take up, I one o'clock. I think the bill ought to be con- the bill, I am sure that he did not overstate the hope the Senator from Michigan will not insist | sidered, and I should like very much to hear case; they have an unquestionable equity, and upon taking up the bill that he suggests. The the views of Senators upon it.

I think the Senate ought, therefore, to come to Senator from Vermont, [Mr. EDMUNDS,] who Mr. HOWARD. To-morrow has been set some understanding now to 'proceed with that is not able to be here to-day, wishes to be heard apart for the consideration of pension bills. bill until it is brought to a close. on that bill, and has so stated. Several other Mr. SUMNER and others. Oh, no; Satur- The PRESIDENT pro tempore. Is there Senators wish to be heard upon it; and to be | day is set apart for pension bills.

any objection to taking up the bill mentioned entirely frank about it, I am one of those who Mr. HOWARD. If I can have such an by the Senator from New York? have some observations to make upon the bill. understanding, I will be entirely content to Mr. SUMNER. I wish to have an underI have investigated it with care since it was dis- take it up at one o'clock.

standing with regard to the railroad bill, or I cussed before, and have provided myself with Mr. HENDRICKS. I wish to add, as a shall oppose taking up the other bill. papers to put at rest some mooted questions reason why I would like a postponement until Mr. ANTHONY. "The understanding is for with regard to it. It therefore certainly cannot to-morrow, that the Senator 'from Vermont those who agree to it. I do not agree to any be finished to-day, and I hope it will not be [Mr. EDMUNDS] will discuss the question as a such understanding. If the Senator from taken up in the absence of several Senators, lawyer, of course, and I should like to hear his Maine comes in here to-morrow and asks us two at least, who have announced their wish views upon it. It is a law question, in my to take up an appropriation bill I shall vote to be heard upon it when it is taken up: opinion, that is involved in this case. When to take it up against a railroad bill or any

I know my honorable friend from Michigan | the bill first came up I was decidedly against other private bill. It is true that the approhas proposed twice before to take up this bill, | it, because I thought this road never ought to priation bills are never lost; they never can be both times in the morning hour, when there be a part of the Pacific railroad plan ; but upon lost; but they can be crowded into the heel of was unfinished business which would cut it off an examination of the law I find myself very

the session, so that they pass without any at one o'clock; and the objection has been much embarrassed about it. It is almost proper consideration; and every session we made by Senators that they wished to have an impossible to resist the conclusion that the law find in them, not only appropriations that are opportunity to discuss it, and therefore did not has committed Congress to the support of this injudicious and in considerate, but we find wish it to be taken up for ten or fifteen min- road; and as I find myself thus embarrassed legislation that never would have passed if we utes or half an hour. Now, I will promise the about it, I should like to hear the views of had had time to consider it. I will not agree, Senator, for one, that if he will move to take Senators who are opposed to the bill, and I for one, to postpone these appropriation bills, up this bill at any time when the Senate is in shall oppose taking a vote in their absence. I which not only are necessary to carry on the its ordinary condition of fullness, after the suggest that it be the understanding that this Government, but which, by the system that morning hour, I will assist him to get it up, bill be taken up to-morrow at one o'clock, and has so long prevailed, contain a great deal of because I agree it ought to be disposed of one be disposed of to-morrow.

legislation for private interests, and let them way or the other, although I differ with him Mr. MORRILL, of Vermont. I suggest to be pushed aside to the close of the session when entirely in saying that the public have any the Senator from Indiana to name Monday, we are to pass them, as I have seen an approinterest in it, except as to the question whether because if the Senator from Maine [Mr. Mor- || priation bill passed here, without being read. $2,500,000 shall be taken from the Treasury | Rill) should be well enough to be in his place Mr. MORGAN. I think the Senate must and a large donation of lands made. In that to-morrow he will, undoubtedly, insist upon conclude that it is time that the bill I have sense, of course, they have an interest. But | proceeding with the regular appropriation bills moved to take up was disposed of. It pased every Senator who has been here to-day knows that are now pending.

the House of Representatives on the 4th of that at bardly any time has there been a quo- Mr. WILLIAMS. Let it be subject to that March, came here a few days afterward, and rum present. The Senate is somewhat füller || contingency.

had a favorable report from the Committee on now than it was a few moments ago; but we Mr. MORRILL, of Vermont. You had bet- Finance. I was instructed to report it, and as all observe the unusual thinness of the body. ter place it beyond all contingencies, and have I supposed at the time without any opposition. I submit that a bill of this sort ought not to it understood when the bill is to come up. It was brought upin the Senate, and it received be taken up at such a time as this, and more • Mr. HENDRICKS. There is no hurry some opposition from members of the Comespecially not when, as I say, Sepators wish to about the appropriation bills. They have mittee on Finance, and it was laid over. The be heard, two of whom at least are detained on never failed yet, I believe, but once. As the business of all the persons engaged in the this occasion from sickness, and are unable to friends of this bill have sought to have it con- exportation of alcohol and ruin to Africa be present-the Senator from Vermont (Mr. sidered so frequently, I think it is due that we has been suspended, hung up entirely, await.. EDMUNDS) and the Senator from Indiana, (Mr. should take it up to morrow.

ing action on this bill; and no State has se Morton.]

The PRESIDENT pro tempore. The ques. much interest in it as the State of MassachuMr. NYE. The Senator from New York tion before the Senate is on taking up the bill setts. I am therefore a little surprised at my says he desires. to discuss the measure pro- mentioned by the Senator from New York, | friend on my right [Mr. SUMNER] stating that posed to be taken up by the Senator from [Mr. Morgan.]

he would prefer of the two that the railroad Michigan. There will probably be as much Mr. SUMNER. I am in favor of the bill bill should be taken up; a bill to grant a subtime to day as he wants to use in his argument. that is now moved by the Senator from New | sidy to a railroad in Kansas in preference to I think it ought to be taken up. Here is a road York, [Mr. MORGAN.) Indeed, I am very this bill relating to the exporters of New York that has only one end to it, and the bill ought || anxious that it should be considered and and Boston. to be taken up, and let these people who have passed. I am also in favor of the bill moved Mr. NYE. I should like to inquire of the been here all the winter dancing attendance on by my friend, the Senator from Michigan, [Mr. Senator from New York whether the Africans Congress know what their fate is to be. If it. || Howard,) and I think that it ought to be taken are suffering from the want of this rum, or the is taken up now, and the honorable Senator up and passed. All things considered, I should merchants of Boston are suffering from not from New York commences the discussion, I prefer to proceed with the railroad bill this being able to send it? [Laughter.] know he will be able to speak the day out, afternoon, and I think we might begin by listen- Mr. MORGAN. They are suffering both especially if he has got the papers he says he ing to the Senator from New York, [Mr. Conk- ways. [Laughter.] has. I hope that he will use what little time | LING,) who has enlightened us repeatedly on Mr. TIPTON. I should like to have this there is left of to-day himself. Then so much the subject, and, I have no doubt, will con- question put in such a form that I could vote of the argument will be over, and to-morrow, tinue to do so as long as the bill is under dis- for taking up the bill designated by the Senator

a

vex

inquiring denne vi ho risining that predicamente moli Howe. I am decidedly in favor of

from New York; but I cannot do so unless I or the ear" of the Senate upon the merits amendment, ordered to a third reading, read can have an understanding that the bill moved of this bill.

the third time, and passed: by the Senator from Michigan can come up Mr. HOWARD. Itis not, perhaps, very mate

EXPORTERS OF DISTILLED SPIRITS. to-morrow. If a motion can be made in that rial whether the honorable Senator from New way, I shall vote to act on both bills. York has addressed the Senate once or twice or

The PRESIDENT pro tempore. The bill The PRESIDENT pro tempore. Each inust | three times on this subject. We all know very

(H. R. No. 764) for the relief of certain exstand upon its own merits. There can be no well his strenuous opposition to the bill; and

porters of distilled spirits, taken up on motion such agreement except by a vote of the Senate. we all know that he has gone into the subject

of the Senator from New York, is now before Mr. CONKLING. I rise, Mr. President, to herctotore very fully; at least I supposed he had

the Senate, and the pending question is on join issue with the honorable Senator from done so. What I want at the hands of the Senate concurring in the amendments made as in Massachusetts, [Mr. SUMNER,] not in respect || is that this bill shall be taken up and fairly heard

Committee of the Whole. of his wit and facetiousness, both of which are and passed upon, as other bills in the nature of

The amendments were concurred in. great, nor in respect to the legislative morals, claims against the Government are passed upon; Mr. SHERMAN. I hope the attention of the idea of fair dealing among gentlemen which that it shall be considered, voted upon, and the Senate will be called to this bill, because enters into the statement he makes. He seems decided one way or the other, after whatever || I think it is a very important one.

I have no to think that acting from what the doctors call amount of discussion may be necessary. The objection in the world to the exportation of vis a tergo, a pressure from behind, about this, || bill has been lying on our tables for five months rum that has been manufactured under the it is quite right for him to insist that a bill of to-morrow, and has been somewhat discussed ; circumstances stated in this bill, that is, manthis private nature shall be pressed in the ab- I think sufficiently discussed ; and I think it is ufactured under a contract to be delivered for sence of Senators whom he knows, by reason of of that nature which calls upon us to pass upon exportation. I have no desire to interfere with sickness, are detained from the Senate, and it either pro or con, and to satisfy the parties in the exportation of honest dealers even in rum. who have announced that they wish to be heard interest, who have been waiting upon us here But, in my judgment, the bill as it now stands, upon it. I have no quarrel with him on that for the past five months and more, whether or if passed, will open the door to whisky frauds subject.

not we will give them the relief, or any part to a very large extent. We passed, some time Mr. SUMNER. What one Senator is in the of it, which they ask at our hands. The ques- | in January last, a bill prohibiting the exportapredicament the Senator describes? It is all tion simply addresses itself to our common tion of spirits in bond, because it was shown news to me.

sense, and I cannot but observe that the oppo- to the Committee of Ways and Means and the Mr. CONKLING. If the Senator from sition to taking up this bill to-day comes from Committee on Finance that frauds were pracMassachusetts condescended to pay attention those gentlemen who have shown a decided ticed under pretense of exportation by exportto what other members of this body says, and opposition to the measure in all its forms and ation bonds to a very large extent. Cases were particularly the humbler members of the body ; || phases,

furnished to us. If the Senate will look at if that honor had just now fallen to my lot when Mr. HOWE. The question, I believe, is on this bill they will see how it may be open to , wish

similar frauds. My only hesitation about the to be heard on the subject, and who waste the motion to take up the bill referred to by

the Senator from New York, [Mr. Morgan.) bill grew out of the fact that I feared under its detained from illness, I should be relieved The PRESIDENT pro tempore. That is the provisions rum and alcohol miglit be exported Senator's from motion.

in fraud of the law. I will read the bill:

That the act of January 11, 1869, cntitled "An act The Senator was not out of his seat, but be that motion, because the Senator from New

to prevent frauds in the collection of tax on dissat where he does now when I made the state

tilled spirits," be so construed as to permit alcohol York is willing when his bill is taken up to and rum, which at the date of the passage of said act ment which I refer to.

let it be put aside for a moment to pass the bill were already distilled or redistilled and intended for Mr. President, I rose to take issue with the in relation to the Indian peace commission, export, &c. Senator upon his stateinent of fact. I rose to which, I am instructed, it is very important

That embraces nearly all the alcohol in this object to his saying to the Senate that I have should be passed to-day; and I hope the Sen. country, or might be made so by proof that repeatedly enlightened, or attempted to en: ate is ready to vote on the question of taking could easily be furnished by the "whisky ring'' lighten, the Senate upon this subject. That state- up that bill. I do not propose to antagonize it --an intangible thing that we can talk about! inent is wholly incorrect, although the Senator | against the bill moved by the Senator from The bill authorizes the export of alcohol and made it without any qualification. I once took New York, because to this ihere is no objection, the liberty, ou the first occasion when this bill I understand, and it will occupy but a moment. “Which at the date of the passage of said act'was up, of assigning my reasons for voting But we seem likely to spend the day in discuss- That is, to-day, or to-morrow, whenever this against it. I have never discussed it on any ing another bill which is not before us, nor is bill passesother occasion, unless literally I am to except there any motion to bring it before us at pres- *Were already distilled or redistilled and intended the question which I put to the honorable Sen- ent. I wish the Senate would take a vote on for export." ator who sits behind me (Mr. Harian) when the motion to take up the bill of the Senator How easy it will be to prove that! It is said he addressed the Senate, for explanation. I from New York.

that there are now_twenty million gallons of have never discussed the question in any other The PRESIDENT pro tempore. The ques. whisky on hand. I do not know how many voy, except once or twice to interpose an tion is on taking up the bill mentioned by the gallons of alcohol there are. The one can be objection to its being taken up, as it seemed Senator from New York.

converted into the other with great rapidity. to me out of season.

The motion was agreed to.

It is a mere process of distillation or redistillThe truth is, then, Mr. President, that I did Mr. HOWE. Now, I ask the consent of the ation, and it is a very simple one. Under once address the Senate against this bill; and Senator from New York to take up this other this bill, by simply proving that the alcohol or I have no apology to make to the honorable bill.

rum, when it was manufactured, was intended Senator from Massachusetts for so doing, Mr. MORGAN. We can pass this right away.

for export, they have the right to export it althongh I have witnessed the extreme zeal on Mr. POMEROY. I hope the bill of the

under the old law; and they may do it in anvarious occasions with which he has pressed Senator from New York will be laid aside to

other case: this matter upon the Senate. On the occa

pass the bill of the Senator from Wisconsin.' **Or actually contracted for to be delivered for sion to which I refer several Senators, among The PRESIDENT pro tempore. It will be

exportation. others the Senator from Kansas, [Mr. POME- laid aside informally, if there be no objection, So that alcohol already in existence may be ROY,] disputed more than that-he contrafor the purpose of taking up the other bill. exported, either when it was

" distilled or redicted directly a statement which I made, which

distilled and intended for export”-how easy I had received from others. Since that time I

INDIAN PEACE COMMISSION.

it will be to prove that fact-"or'actually conhave taken pains to fortify myself; to find out Mr. HOWE. I now move to take up House tracted for to be delivered for exportation.' whether, in truth, I was right or whether he bill No. 1218.

It will only be necessary for the exporter to was right; and I say to the Senator from Mas. The PRESIDENT pro tempore. The Chair furnish proof of either of these two states of sachusetts that whenever this bill comes up is informed that that bill has not been reported fact in order to enable him to avoid and evade again, anless the rules of the Senate are so from the Committee on Appropriations. the law. Then he may give transportation or changed as to confine observations in the body Mr. HOWE. I am instructed to report, and exportation bonds according to law and he to the more eminent members of it, I shall take I now do so.

may export it. the liberty of going again somewhat over this By unanimous consent, the bill (H. R. No. Mr. FESSENDEN. I ask the Senator what ground, to the end that we may see whether | 1218) appropriating money to sustain the In. danger there is of fraud in that? If I underin law or in equity we are bound to put our dian commission and carry out treaties made stand the matter, the law was changed not hands into the Treasury and take the sum of thereby was considered as in Committee of because there was any aversion to the exporta. $2,500,000 from it and present it to these men, the whole, for the purpose of carrying out tion itself, but because under the bonding syswho, I believe in my conscience, in morals and treaty stipulations with various Indian tribes tem there were abuses by which the spirits in law, are no more entitled to it than my hon- and defraying the expenses and disbursements pretended to be exported were really sold in orable friend who sits before me. I shall hold made by the commission, authorized by the act this country. Now, if this is only intended it my privilege to do that; and when I have ll of July 20, 1867, entitled "An act to establish for a particular article, limited in its character, done it, it will be true, should the Senator | peace with certain hostile Indian tribes during is there any danger of its going into use in see fit to say it, that I shall have then twice | the year 1868." The bill appropriates the this country and not being actually exported ? addressed this body on the subject. But it is sum of $150,000, to be expended under the Mr. SHERMAN. This bill siinply repenis not true now that I have repeatedly, or more direction of the commission.

the act of January last as to all alcohol and than once, attempted to enlighten the Senate The bill was reported to the Senate without rum which may be brought within either of

40Th Cong. 2D SESS. --No. 204.

rum.

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