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to prevent fraud in all transactions connected deem it wise to make it; and I conclude that, these resolutions. I think it is our duty, as
the whole people of this country. great West by the aid of lands donated for that
to a foreign State, therefore this subject-matter It is proposed to permit these Indians to purpose. Now, sir, in all this vast tract there
of the disposal of the public lands cannot come convey eight million acres of the most fertile erred to be
is no provision for a single school if this act is within the scope of that treaty-making power || portion of Kansas to a railroad corporation,
that railroad. The amount of territory pro-
property belonging to the United States.' of Massachusetts. Gentlemen upon the other as one member of this committee, that I look This clause of the Constitution is plainly a side speak of this treaty as an act of "this upon this as one of the most gigantic frauds power to dispose of the lands of the United infernal administration." Sir, the President ever sought to be perpetrated on the Govern States by providing for their sale and convey has had, the Senate have had, and the Osage
ment or people; and the same foul parties, ance of title, and to govern them while they | Indians have had bad examples and bad preC'nitej sa
practices, and purpose are at the bottom of it are the property of the Government. And cedents set them heretofore. This is but
tempted to be done by the treaty-making power, ticed upon the people of this country in regard Mr. SHELLABARGER. Mr. Speaker, I am but which the Constitution expressly intrusts to public lands. This is like the case of the amazed at what is represented to be the action to Congress. Surely, Mr. Speaker, if the action Pacific railroad. In that case a few men orof the executive part of the Government of the l of the Executive in this matter were done ) ganized a railroad corporation and obtained a United States touching the ceding of these deliberately and in full view of the usurpation subsidy from Congress nearly large enough to lands lying within one of the States to a corpo it seems to me to involve, and is such as build the road, and then they obtained a cesration. What is the nature and extent of this described by the gentlemen who have spoken, sion from Congress, not from the President treaty power of the United States? It is the it would make a proper case for such proceed of the United States, not from the Senate power of one sovereign State-the United | ing as has just failed at the other end of the alone, but from this House of Representatives, States of one part—to make with any other Capitol. According to my memory heretofore of land enough to make four such States as sovereign a contract which becomes the law the Congress, and not the treaty power, has || New York, Pennsylvania, Ohio, and Indiana, of the land, and so binding that it cannot be disposed of the public land, and this is a new and have enough left over to make two States changed either by the United States or by any || practice.
like Massachusetts. State ; and it by treaty the President and the Mr. JULIAN. I merely wish to correct the Now, no wonder, after such an example as Senate can dispose of one sixth of the territory | gentleman from Ohio on a matter of fact. For that, that these untutored savages are willing of one State of this Union, so as to give these some seven years past the President and Sen to give eight million acres of land to a little lands to a corporation or individual, then so ate have been doing exactly such things on a contemptible railroad company, whose road could they contract with any foreign State that smaller scale as are proposed in this infamous does not go anywhere near this land. such foreign State might purchase and own and treaty, and it is to check and prevent the con Sir, this whole system is a swindle. I insist exercise jurisdiction over such lands within tinuance of that policy that the proceeding now that the Congress of the United States are such State. This results from the very nature before the House is directed.
only the trustees of the public domain, and of the power to make treaties. Whatever does Mr. SHELLABARGER. Do I understand that we have no right to grant these lands to come fairly within the power of the United the gentleman to say that by treaties we have any railroad corporation under heaven. You States to make a treaty about it must be a thing | been giving away lands within the States ? may give the proceeds of public lands to rail. touching which the power to contract is com Mr. JULIAN. In repeated cases we have roads ; but the lands themselves are the inherplete and unlimited, unless to appropriate done it within the last few years. I wish to itance of the whole people. Every man who money, and in which the contract may in all say further, that while I agree with the gentle. will settle upon these lands, and open up a respects be whatever the parties having the man as to the power by treaty to accept and farm and cultivate it, is entitled to the privilege power to contract may choose to make it. If, || receive grants of lands by the United States, I ll of doing so. But I cannot be led into a genthen, the lands within a state can be ceded by | wish to remind him that that does not apply, eral discussion of this subject upon this proptreaty to corporations, through the
and cannot apply, to these Indian lands, the osition. I think it is the imperative duty of by the treaty to Indians, so can they be so
titles to which are in the United States, while || this House to pass these resolutions, to pass ceded by contract to a foreign State with sueh the right of occupancy alone is in the Indians, other resolutions, to do anything to prevent power and jurisdiction as the contractors may who may certainly cede that right to tle United this swindle upon the people of this country please.
States, but certainly could not cede it to any and upon the Indians. This treaty proposes Now, sir, can this be possible; when, by the corporation,
to give eight million acres of our public land Constitution, the United States cannot acquire Mr. SHELLABARGER. I am glad the to à railroad corporation whose road will not any land or exercise any jurisdiction over any gentleman has reminded me of what I meant go anywhere near it. It is part and parcel of land within any State except only such as by to say touching the anomalous character of our the whole system of railroad land-grant legis" the Legislature of the State in which the treaties with the Indians, and their anomalous lation. The President of the United States, same shall be for the erection of forts, maga
relations to the United States. As to the fact the Senate of the United States, and the Osage zines, arsenals, dock-yards, and other needful he siates that such treaties have been made, Indians are doing in this case only what the buildings?'' And even to this limited extent though the fact had escaped my memory, it Thirty-Ninth Congress did in precisely a simiand for these limited purposes, these lands does not make right or sanctify a manifest cannot be acquired and perpetually governed | usurpation of the powers of Congress over the Mr. CLARKE, of Kansas. The Committee except by the authority, not of the treaty-mak- | disposal of the public lands. As to the relations on Indian Affairs have instructed me to offer ing power, but of the Congress, and with the which the United States sustain and assume a substitute for the second resolution, as folassent of the Legislature of the State. And toward Indian tribes in treating with them, lows: can the President and Senate, by treaty, dis
what I wanted to say is that we treat with Resolved, (as the sense of this House) That the pose of one sixth of a State or all of a State to
objects, terms, conditions, and stipulations of the them, not really as foreign nations, but as the
aforesaid pretended treaty are not within the treatywhomsoever the treaty-making power is.com
inhabitauts of our country and as the wards of making power, nor are they authorized either by the petent to contract with, and conter such rights, the United States ; and we treat with them Constitution or laws of the United States; and there
fore this House does hereby solemnly condemn the jurisdictions , and powers as the United States generally not in the
way of the ultimate and
same, and docs also earnestly but respectfully express can give over everything which is within its final disposal of the public lands, but only as the hope and expectation that the Senate will not power to make treaties about. It may be said to their possessory rights, leaving the final dis ratify the said pretended treaty. that this treaty does not attempt to do more posal of their lands to the action of Congress The resolution originally reported from the than confer title to these lands, a thing the
whenever the Indian titles may be terminated. committee was as follows: United States clearly may do, and does not Mr. CLARKE, of Kansas. I would inquire Resolved, That this House does hereby solemnly withdraw them from the jurisdiction of the
and earnestly protest against the ratification of the of the Chair how much time I have left.
stipulations of said pretended treaty by the Senate, State of Kansas, nor to give them to a foreign The SPEAKER pro tempore, (Mr. Dawes.)
and will feel bound to refuse any appropriation in jurisdiction. The obvious reply to that sug;
The gentleman has seven minutes of his hour its behalf, or to recognize its validity in any form. gestion is, first, that I have already given. I || remaining:
The question was upon the substitute ; and am not arguing that the United States could Mr. CLARKE, of Kansas. I now yield to being taken, it was agreed to. not by law authorize this title to be sold to
the gentleman from Ohio (Mr. Cary) for five Mr. CLARKE, of Kansas. I now call the this corporation ; but I am arguing that what minutes.
previous question upon the series of resoluever the United States can dispose of by treaty must be a thing as to which the treaty may be
Mr. CARY. I regret exceedingly that I can tions as amended.
have but five minutes on a question of this The previous question was seconded and the made, whatever the contracting parties may // magnitude. I am in favor of the adoption of main question ordered.
40TH Cong. 20 Sess.- No. 205.
The series of resolutions were then unani House bill No. 1059, to relieve certain citizens The fifth section provides that from and after mously adopted.
of North Carolina of disabilities, non-concurred the 1st day of July, 18ti8, the Attorney GenMr. CLARKE, of Kansas, moved to recon in by the House and agreed to the committee eral of the United States for the time being sider the vote by which the resolutions were of conference asked for, and had appointed shall, with liis assistants, attend to the proseadopted; and also moved that the motion to Mr. STEWART, Mr. Wilson, and Mr. SHERMAN cution and defense of all matters and suits in reconsider be laid on the table.
the managers of said conference on its part. the Court of Claims on behalf of the United The latter motion was agreed to.
It further announced that the Senate bad States. There shall be appointed by the Presa Mr. CLARI of Kansas. I move that I passed a bill (S. No. 440) supplementary to ident, by and with the advice and consent of the report and accompanying documents be an act entitled "An act to provide a national | the Senate, two assistant Attorneys General, printed in the Globe.
currency, secured by a pledge of United States who shall hold their offices for four years The motion was agreed to.
bonds, and to provide for the circulation and respectively, unless sooner lawfully removed, Mr. CLARKE, of Kansas. I now make the redemption thereof," approved June 3, 1864, and whose salaries shall be $4,000 each per ordinary motion to print the report and papers
in which the concurrence of the House was year, payable quarterly, and who shall be in accompanying it. requested.
lieu of the solicitor, assistant solicitor, and The motion was agreed to.
It further announced that the Senate had deputy solicitor of the Court of Clarins, and of
indefinitely postponed IIouse bill No. 970, to the Assistant Attorney General now provided HOGAN VS. PILE.
provide for a temporary and provisioual gov. for by law; and the existing offices of solicitor, Mr. COOK, from the Committee of Elec.
ernment for Alabama. tions, in the matter of the contested-clection
assisiant solicitor, and deputy solicitor of the
It announced, in conclusion, that the Sen Court of Claims, and of Assistant Attorney case of Hogan vs. Pile, submitted a report ate had passed without amendment House joint General, are hereby abolished from and after concluding with the following resolution: resolution No. 295, to authorize ihe Secretary the 1st day of July, 1868. The Attorney Gen.
Rcsolned. That Willsam A. Pile is duly elected a of the Treasury to remit the duties ou certain eral sball have power to appoint two additional member of this House from the first district of Missouri.
articles contributed to the National Associa clerks of the fourth class, and one clerk at a The report was laid upon the table, and tion of American Sharp-shooters.
salary not exceeding $2,000, in his office. ordered to be printed.
APPEALS FROM TIIE COURT OF CLAIMS.
The sixth section provides that it shall also Mr. CHANLER submitted a minority re
be the duty of the said Attorney General and
Mr. BOUTWELL, from the Committee on port, which was also ordered to be printed.
his assistants, in all cases brought against the the Judiciary, reported back Senate bill No. United States in said Court of Claims founded M'KEE VS. YOUNG.
164, to provide for appeals from the Court of upon any contract, agreement, or transaction Mr. COOK. Mr. Speaker, I wish, as I under Claims, and for other purposes, with the rec. with any executive Department, or any bureau, stood the tax bill will be reported on Monday ommendation that it do pass.
officer, or agent of such Department, or where next, and as it is made the special order from The first section provides that an appeal to the matter or thing on wbich the claim is based day to day to the exclusion of all other busi the Supreme Court of the United States shall shall have been passed upon and decided by ness, to give notice that I will on Saturday call be allowed on behalf of the United States from any Department, bureau, or officer intrusted lip after the morning hour the case of McKee all the final judgments of the said Court of by law or Department regulations with the against Young
Claims adverse to the United Siates, whether settlement and adjustment of such claims, IIANNAU MOORE.
such judginents shall have been rendered by l demands, or accounts, to transmit to said Mr. HILL, by unanimous consent, moved
virtue of the general or any special power or Department, bureau, or officer, as aforesaid, that the petition of Hannah Moore be taken
jurisdiction of said court under the limitations a printed copy of the petition filed by the from the table, and referred to the Committee
now provided by law for other cases of appeal claimant in such case, with a request that the
from said court. on Invalid Pensions.
said Department, bureau, or officer to whom The motion was agreed to.
The second section provides that said Court the same shall be so transmitted as aforesaid,
of Claims, at any time while any suit or claim will furnish to said Attorney General all facts, CHARGES AGAINST A SUPREME COURT JUDGE.
is pending before or on appeal from said court, circumstances, and evidence touching said Mr. BOUTWELL, from the Committee on or within two years next after tbe final disposi claim as is or may be in the possession or the Judiciary, moved that that committee be tion of any such suit or claim, may, on motion knowledge of the said Department, bureau, or discharged from the further consideration of it on behalt of the United States, grant a new othicer; and it shall be ibe duty of the said resolution reierred to them relative to one of
trial in any such suit or claim and stay the pay: Department, bureau, or officer to whom such the justices of the Supreme Court of the United
ment of any judgment therein, upon such evi petition may be transmitted and such request States, and that the same be laid on the table.
dence (although the same may be cumulative preferred as aforesaid, without delay, and The motion was agreed to.
or other) as shall reasonably satisfy said court within a reasonable time, to furnish said AtUNITED STATES COURTS IN TENNESSEE. that any fraud, wrong, or injustice in the pre torney General with a full statement of all the
ises has been done to the United States. But Mr. BOUTWELL, from the Committee on
facts, information, aud proofs which are or may until an order is made staying the payment of be within the knowledge or in the possession the Judiciary, reported back Senate bill No.
a judgment the same shall be payable and paid of said Department, bureau, or officer, relating 377, to change the time of holding the district as now provided by law.
to tie claim aforesaid. Such statement shall and circuit courts of the United States in the
The third section provides that whenever it several districts in the State of Tennessee,
also contain a reference to or description of shall be material in any suit or claim before all othcial documents or papers, if any, as may with an amendment.
any court to ascertain whether any person did or do furnish proof of facts referred to in said The bill provides that the circuit and district
or did not give any aid or comfort to the late statement, or that may be necessary and proper courts for the district of East Tennessee shall hereafter be held at Knoxville, on the second loyalty of any such person to the United States rebellion, the claimant or party asserting the for the defense of the United States against
the said claim, together with the Department, Mondays of March and September in each
during such rebellion shall be required to year; for the district of Middle Tennessee at
office, or place where the same is kept or may prove affirmatively that such person did, during Nashville, on the third Mondays of April and
be procured. And if the said claim shall have said rebellion, consistently adhere to the United October of each year; and for the district of States, and did give no aid or comfort to per.
been passed upon and decided by the said West Tennessee at Memphis, on the fourth
Department, bureau, or oflicer, the statement sons engaged in said rebellion; and the vol or answer to be transmitted to said Attorney Mondays of May and November of each year.
untary residence of any such person in any | General, as hereinbefore provided, shall sucAll recognizances, indictments, or other pro
place where, at any time during such residence, | cinctly state the reasons and principles upon ceedings, civil and criminal, now pending or
the rebel forces or organization beld sway, shall which such decision shall have been based. returnable in those courts, are to be entered
be prima facie evidence that such person did in court and he heard and tried according to
In all cases where such decision shall have give aid and comfort to said rebellion and to been made upon any act of Congress, or upon the times of holding the courts as herein pro
the persons engaged therein. vided. The act is to take effect from and after
any section or clause of such act, the same
The fourth section provides that no plaintiff shall be cited specifically. And if any prethe first Monday in July, 1868.
or claimant, or any person from or through The amendment was read as follows:
vious interpretation or construction shall have whom any such plaintiff or claimant derives been given to such act, section, or clause by Strike out " March and September” and insert
his alleged title, claim, or right against the the said Department or bureau transmitting ** January and July."
United States, or any person interested in any The amendment was agreed to.
such statement, the same shall be set forth such titie, claim, or right, shall be a competent succinctly in said statement, and a copy of the The bill, as amended, was ordered to a third
witness in the Court of Claims in supporting opinion filed, if any, shall be annexed to sucha reading; and it was accordingly read the third
any such title, claim, or right, and no testi statement and transmitted with the same to the time, and passed.
mony given by such plaintiff, claimant, or perMr. BOUTWELL moved to reconsider the
Attorney General aforesaid. And where any vote by which the bill was passed ; and also
, if they see cause, have the right upon any regulation of an executive Depart moved that the motion to reconsider be laid
to examine such plaintiff, claimant, or person ment, or where such regulation sball or may,
as a witness, under the regulations and with The latter motion was agreed to.
in the opinion of the Department, bureau, or the privileges provided in section eight of the
officer transmitting such statement, have any act passed March 3, 1863, entitled "An act to
bearing upon the claim in suit, the same shall A message was received from the Senate, by amend an act to establish a court for the invest
be distinctly referred to and quoted in extenso Mr. Gonuam, its Secretary, notifying the House igation of claims against the United States, in the statement transmitted to said Attorney that that body insisted on its amendment to Il approved February 24, 1855.
General; provided, however, that where there
on the table.
MESSAGE FROM THE SENATE.
ated by the
zat from adde
shall be pending in the said court more than ties in whose favor rendered, together with a synop R. No. 801) relating to suits in the courts of one case, or a class, of cases, the defense to sis of the nature of the claims upon which said judg the United States, and for other purposes; and
ments have been rendered.
the same was laid on the table.
HABEAS CORPUS ACT. tters and state
bureau, or officer shall only be required to question on the bill and amendment.
Mr. BROOKS. I ask the gentleman if this Mr. THOMAS also, from the same commitand such statement shall be held to apply to bill has been printed as reported by the Judi- tee, reported adversely on the bill (H. R. No. and one all such classes of cases as if made out, cer ciary Commitiee?
1219) amendatory of an act entitled " An act torneys (en
tified, and transmitted in each case respectă Mr. BOUTWELL, It has not been printed. relating to habeas corpus and regulating judi5 for for ively.
It is a Senate bill and was printed in the Sen. cial proceedings in certain cases, and for other awibly rent The seventh section provides that it shall
purposes ;'' and the same was laid on the
Mr. BROOKS. What amendments have table.
Mr. THOMAS also, from the same commit-
Mr. BOUTWELL. None whatever. It is tee, reported back the bill (H. R. No. 1261) of Cases of controverted questions of law, where the reported just as it came from the Senate. The amendatory of an act relating to habeas
corpus 28] LOFT
amount in controversy exceeds $3,000, or where gentleman from Illinois has just proposed an and regulating judicial proceedings in certain the decision will affect a class of cases or fur.
amendment requiring returns to be made by cases, and for other purposes, with an amend
the clerk of the transactions of the court. ment in the nature of a substitute therefor. nish a precedent for the future action of any executive Department in the adjustment of a
Mr. BROOKS. I have listened with all the The SPEAKER. If there is no objection
Mr. INGERSOLL. Let the original bill be authority, right, privilege, or exemption is bend so long a bill as this. It seems to me it GER claimed or denied under the Constitution of
is driving it rather fast to put it through under read.
Mr. THOMAS. I will explain. The two 333! SE
bills on which the committee have just reported all the vouchers, papers, proofs, and documents
Mr. BLAINE. It is printed, and has been
on the files for a month. pertaining thereto, to be transmitted to the
adversely are provided for in this bill. In other Court of Claims, and the same shall be there
Mr. STEVENS, of Pennsylvania. I wish to words, we have consolidated three bills on proceeded in as if originally commenced by the
say that there are one or two words that are kindred subjects into one, which the Clerk is voluntary action of the claimant. And the | ambiguous, and I move to amend by inserting about to read.
that this bill shall have no retroactive effect. Secretary of the Treasury may, upon the cer
The substitute was read. It provides that tificate of any Auditor or Comptroller of the
Mr. BOUTWELL. I cannot yield for that no owner or owners of any ship or vessel or Treasury, direct any account, matter, or claim
purpose. I think it unnecessary to introduce of any railway or of any line of transportation, of the character, amount, or class described or
any such amendment. The bill in the nature no persons, firms,,or corporations engaged in limited in this section to be transmitted, with of the case is prospective.
business as common carriers of goods, wares, all the vouchers, papers, documents, and proofs
On seconding the previous question there or merchandise of any kind between the States, pertaining thereto, to the said Court of Claims, were-ayes 36, noes 18; no quorum voting. shall be subject or liable to answer for or to for trial and adjudication ; provided, however,
Tellers were ordered; and the Chair ap make good to any person or persons, firms, or that no case shall be referred by any head of
pointed Messrs. BOUTWELL and Brooks. corporations, any loss or damage which may a Department unless it belongs to one of the
The House divided ; and the tellers reported happen to any goods or merchandise whatever several classes of cases as to which, by reason -ayes 76, noes 20.
which shall have been delivered to any such of the subject matter and character, the said
So the previous question was seconded. owner or owners, or to any ship or vessel, or Court of Claims might, under existing laws,
The main question was then ordered; and to any railway, or to any line of transportatake jurisdiction on such voluntary action of
under the operation thereof the amendment of tion, or to any persons, firms, or corporations the claimant. And all the cases mentioned in
Mr. Washburne, of Illinois, was adopted; and engaged in business as common carriers of this section which shall be transmitted by the
the bill, as amended, was read the third time. ll goods, wares, or merchandise of any kind head of any executive Department, or upon the
Mr. BROOKS. I call the yeas and nays on between the different States, whenever such the passage of the bill.
loss or damage shall have been occasioned by
nays were ordered. court, and shall, in all respects, be subject to the same rules and regulations; and appeals
in the affirmative-yeas 88, nays 27, not voting late rebellion, or whenever such loss or damage from the final judgments or decrees of the said 74; as follows:
shall have been occasioned by any of the forces court therein to the Supreme Court of the Uni
YEAS-Messrs. Anderson, Bailey, Baldwin, Banks, of the United States, or by any of the officers ted States shall be allowed in the manner now
Beaman.Beatty, Benjamin. Benton, Bingham, Blaine, in command of any such forces.
Blair, Boutwell, Broomall, Buckland, Cake, Churchill, provided by law. The amount of the final Reader W.Clarke. Sidney Clarke, Cobb,Coburn, Cook,
The second section provides that this act judgments or decrees in said cases so transCornell, Covode, Cullom, Dawes, Delano, Dixon, Don shall not be construed to affect
any contract mitted to said court, where rendered in favor
nelly, Driggs, Eggleston, Ela, Eliot, Farnsworth, of insurance for war risks which may have
Ferriss, Ferry, Fields, Gravely, Harding, Higby, Hill, of the claimants, shall in all cases be paid out
been made with reference to any goods, wares, Chester D. Hubbard, Halburd, Jenckes, Judd, Kelsey, of any specific appropriation applicable to the
Ketcham, Koontz, Loan, Loughridge, Marvin, Mc or merchandise which shall have been so same if
Carthy, McClure, Mercur, Moore, Morrell, Mullins, destroyed. any such there be; and where no such Myers, Newcomb, O'Neill, Paine, Peters, Plants, appropriation exists the same shall be paid in Polsley, Pomeroy, Price, Robertson, Sawyer, Sco The third section declares that the provisions the same manner as other judgments of said
field, Selye, Shanks, Shellabarger, Aaron F. Stevens, of an act entitled "An act relating to habeas court. Stokes, Taylor, Thomas, John Trimble, Trowbridge,
corpus and regulating judicial proceedings in Twichell, Robert T. Van Horn, Van Wyck, Ward, The eighth section provides that no person
Cadwalader C. Washburn, Elihu B. Washburne, certain cases," approved March 3, 1863, shall shall file or prosecute any claim or suit in the
William B. Washburn, Welker, Thomas Williams, extend to any suit or prosecution, civil or Court of Claims, or an appeal therefrom, for William Williams, and Stephen F. Wilson-88.
criminal, which has been or shall be commenced NAYS-Messrs. Adams. Archer, Beck, Brooks, or in respect to which he or any assignee of Cary, Chanler, Eldridge, Getz, Glossbrenner, Grover, in any State court against the owner or owners his shall have commenced and has pending, or
Haight, Hawkins, Hotchkiss, Humphrey, Ingersoll, of any ship or vessel, or of any railway, or of shall commence and bave pending, any suit or Jones, Kerr, Knott, McCullough, Mungeo. Nicbolson,
any line of transportation, firm, or corporation Pruyn, Randall, Stone, Taber, Lawrence S. Trimble, process in any other court against any officer and Van Trump-27.
engaged in business as common carriers of or person who, at the time the cause as above
NOT VOTING-Messrs. Allison, Ames, Arnell, ll goods, wares, or merchandise, for any loss or alleged in such suit or process arose, was in Delos R. Ashley, James M. Ashley, Axtell, Baker.
damage which may have happened to any Barnes, Barnum. Boyer, Bromwell, Burr, Butler, respect thereto acting or professing to act, medi Dodge, Eckley, Finney, Fox, Garfield, Golladay, goods, wares, or merchandise whatever which ately or immediately, under the authority of the
Griswold, Halsey, Holman. Hooper, Hopkins, Asahel shall have been delivered to any such owner United States, unless such suit or process, if W. Hubbard, Richard D. Hubbard, Hunter, Johnson,
or owners of any such ship or vessel, or of Julian, Kelley, Kitchen, Laflin, George V. Lawrence, now pending in such other court, shall be with
William Lawrence, Lincoln, Logan, Lynch, Mallory, any railway or of any line of transportation, drawn or dismissed within thirty days next Marshall, Maynard, McCormick, Miller, Moorhead,
firm, or corporation engaged in business as comafter the passage of this act. Morrissey, Niblack, Nunn, Orth,Perham, Phelps, Pike,
mon carriers, and where such loss or damage Pile, Poland, Raum, Robinson, Ross, Schenck, Sita The ninth and last section provides that all
Smith, Spalding. Stark weather, Thaddeus Stevens, shall have been occasioned by the acts of those provisions of any act incompatible herewith be, greaves, Stewart, Taffe, Upson, Van Aernam, Van
engaged in hostilities against the Government and the same are hereby, repealed. Auken, Burt Van Horn, Henry D. Washburn, James
of the United States during the late rebellion, Mr. BOUTWELL.
F. Wilson, John T. Wilson, Windom, Wood, Wood-
or where such loss or damage shall have been vious question, after allowing the gentleman So the bill was passed.
occasioned by any forces of the United States from llinois (Mr. WASHBURNE] to offer an
or by any officer in command of such forces, amendment which he desires to make. Mr. BOUTWELL moved to reconsider the
subject however to the provisions contained Mr. WASHBURNE, of Illinois. I move vote by which the bill was passed; and also
in the second section of this act. to amend by adding the following section : moved that the motion to reconsider be laid
The fourth section provides that where any Sec. And be it further enacted, That it shall be on the table.
suit is pending, or may hereafter be brought, the duty of the clerk of the said Court of Claims to The latter motion was agreed to.
in any State court for or against any partpertransmit to Congress at the commencement of every December session, a full and complete statement
ship, firm, joint stock company, or corporation, Mr. THOMAS, from the Committee on the and any member of such partnership, firm, vious year, stating the amounts thereof, afind the parell Judiciary, reported adversely on the bill (H. joint stock company, or corporation is, when
an express company in that particular locality / non-resident?
such-suit is pending, a citizen of another State, to take the case out of the local court at Galena And let me say to the gentleman from Ken. such member, whether be be plaintiff or de and into the United States Court at Chicago tucky, [Mr. Trimble,) that we do not propose fendant, if he will make and file in such State to be tried there? If it does, I am against it
. to carry citizens of Kentucky or South Caro. court an affidavit stating that he has reason to Mr. THOMAS. This law may not precisely | lina before a foreign jurisdiction, but before believe, and does believe, that, from prejudice fit each individual case that may be conceived the courts of the United States, before juries or local influence, he will not be able to obtain of in gentlemen's imaginations as occurring in of our own countrymen summoned by impar. justice in such State court, may, at any time their own vicinity. It is for general public | tial marshals, who are sworn to try impartially before final hearing or trial of the suit, tile a purposes. It is founded not on any experience the cases that come before them. We put all petition in such State court for the removal of derived from instances in the courts of Illinois, ll the citizens of the country upon the same the suit into the next circuit court of the Uni- || but it has its origin in the condition of affairs platform, and unless the House is disposed to ted States to be held in the district where the l in the southern States, and instead of indulging leave my constituents and the constituents of suit is pending, and offer good and sufficient in mere declarations on the subject, I will every member on this floor without the means sureties for his entering in such court, on the read extracts from two letters that have been of obtaining a fair trial, they will pass this bill. first day of its session, copies of all process, put in my possession from gentlemen well || I now call the previous question. pleadings, depositions, testimony, and other acquainted with the condition and sentiment The previous question was seconded and proceedings in said suit, and doing such other of that country, showing the absolute necessity the main question ordered. appropriate acts as are required to be done by | for legislation of this character on the part of The bill was then ordered to be engrossed the act entitled "An act for the removal of Congress.
and read a third time; and being engrossed, it causes, in certain cases, from State courts,'' In one of these letters I find this declaration : was accordingly read the third time. approved July 27, 1866; and that it shall
"I have been a practicing lawyer for forty-five The question was upon the passage of the thereupon be the duty of the State court to years and upward, and think I can claim some ex bill, accept the sureties and proceed no further in perience in the profession. I have no hesitation in saying that the course of decisions in your cases"?
Mr. TRIMBLE, of Kentucky, called for the the suit; and the copies aforesaid being entered
yeas and nays. in the United States court, the suit shall pro
This includes judges as well as juries-
The yeas and nays were ordered. ceed in the same manner as if it had been
"forces me to the conclusion that it is next to impos-
The question was taken; and it was decided brought there by original process; and all the on your side."
in the affirmative--yeas 80, nays 42, not voting provisions of the act referred to respecting bail,
In another part of the same letter the writer 67; as follows: attachments, injunctions, or other restraining says:
Y EAS-Messrs. Delos R. Ashley, Bailey, Baldwin, process, and in respect to any bonds of indem
Beaman, Beatty, Benton, Blaine, Boutwell, Brom
"I will not undertake to say that you can be pronity or other obligations given upon the issuing tected by Federailegislation. But unless some change
well, Buckland, Butler, Cake, Churchill, Reader W.
Clarke, Sidney Clarke, Coburn, Cook, Cornell, Coor granting of any attachment or other restrain can be worked out from that or some otbes source I vode, Dawes, Donnelly, Driggs, Eggleston, Ela, Eliot, ing process, shall apply with like force and do believe that an institutinn so valuable to the pub Farnsworth, Ferriss, Ferry, Fields, Harding, Higby,
lic as yours is, will be compelled to discontinue its Hill, Chester D, Hubbard, Hulburd, Jenckes, Julian, effect in all respects to similar malters, process, operations."
Keisey, Ketebam, Kitchen, Koontz, Loan, Lough: or things in the suits for the removal of which
Mr. VAN TRUMP. How do those extracts
ridge, Mallory, McCarthy, McClurg. Mercur, Moore, this act provides.
Moorhead, Morrell, Mullins, Newcomb, O'Neill, Pile, The fifth section provides that if a suit be the several courts, State and Federal ? explain the question of jurisdiction between
Plants, Polsley, Pomeroy, Price, Robertson, Sawyer,
Scofield, Shellabarger, Sunith, Spalding, Starkcommenced in any Siate court by a citizen of Mr. THOMAS. I will come to that pres
weather. Stokes, Taylor, Thomas, Jobo Trimble, the State in which the suit is brought alone
Trowbridge, Twichell, Van Aernam, Robert T. Van
Horn, Van Wyck. Ward, Cadwalader C. Washburn, or in conjunction with any other coplaintiff's ently. I have other letters of like import, from
William B. Washburn, Welker, Thomas Williams, against a citizen of another State solely or in
“We feel bound to advise you of the strong and
William Williams, and John T. Wilson-80. conjunction with any other person or persons, bitter feeling against the express companies in this
NAYS-Messrs. Adams, Archer, Baker, Beck, Blair, such citizen of the other State shall have the State. It seems to be confined to no class of people,
Brooks, Cary, Chander, Cobb, Cullom, Eldridge, Getz, but to pervade all ranks in all sections, and even
Glossbrenner. Golladay, Grover, Haight, Hawkins, same right to remove the suit into the circuit among the mombers of the bar its influence is very
Hotchkiss, Humphrey, 'Ingersoll, Johnson, Jones, court of the United States as if he were the marked. Its violence has recently much increased,
Judd, Kerr, Knott, Marvin, McCullough, Mungen, and in the excitement now prevailing in our country
Niblack, Nicholson, Paino, Peters, Pruyn, Randall
, only defendant, and as if all the plaintiffs were we meet on all sides with passionate depunciations
Shanks, Stewart, Stone, Taber, Taffe, Lawrence S. citizens of the State in which the suit is and prejudices."
Trimble, Van Trump, and Elibu B. Washburne--12. brought.
"The odium in which you are held is political.
NOT VOTING-Messrs. Allison, Ames, Anderson, The sixth section provides that when the Yourcoinpany is usually styled 'a Yankee concern.'
Arnell, James M. Ashley, Axtell, Banks, Barnes,
Burnum, Benjamin, Bingham, Boyer, Broomall, Burt, defendant desiring to remove a suit is a corpo.
“The contruction given to the law of carriers in
Delano, Dixon, Dodge, Eckley, Finney, Fox, Garfield, ration created by or under the laws of a State this State by the courts is such that no corporation
Gravely, Griswold, Halsey, Holman, Looper, Hop
king, Asahel W. Hubbard, Richard D. Hubbard, other than that in which the suit is brought, engaged in that business can live."
Hunter, Kelley, Laflin, George V. Lawrence, Wilany affidavit required for the purpose of such These letters all breathe one and the same Liam Lawrence, Lincoln, Logan, Lynch, Marshall, removal may be made by any officer, director, spirit. I will respond to the inquiry of the
Maynard, McCormick, Miller, Morrissey, Myers,
Nunn, Orth, Perbai, Phelps, Þike, Poland, Raum, or agent of such corporation.
gentleman from Ohio (Mr. Van Trump] by Robinson, Ross, Schenck, Selye, Sitgreaves, Aaron The seventh section provides that this act saying that one of these bills was introduced E. Stevens, Thaddeus Stevens, Upson, Van Auken, shall apply to suits already commenced, pro. by the distinguished lawyer from Pennsylvania,
Burt Van Horn, Henry D. Washburn, James F. Wilvided that no final, bearing or final judgment | [Mr. WOODWARD,] another by a distinguished bridge, and Woodward-67.
son, Stephen F. Wilson, Windom, Wood, Woodor decree shall have been had thereon.
gentleman from Illinois, [Mr. INGERSOLL.,) and So the bill was passed. The substitute was agreed to.
the third by myself at the instance of constitThe question recurred upon ordering the bill uents of mine in the State of Maryland. Now, by which the bill was passed ; and also mored
Mr. THOMAS moved to reconsider the vote to be engrossed and read a third time.
if it is the determination of this House that Mr. THOMAS. I will simply remark that those non-residents shall not have a fair hear
that the motion to reconsider be laid on the
table. this is a bill analogous to laws of a like char- l ing anywhere, then let the law stand as it now acter passed repeatedly by Congress. I do
The latter motion was agreed to. is. But if, on the contrary, you think that the not anticipate that the House desires any dis- citizens of the United States ought to have a The SPEAKER pro tempore (Mr. Dawes cussion on the subject, and I move the pre fair chance before the tribunals of tbe United
in the chair) stated that the morning hour had vious question. States, then pass this bill.
expired. Mr. 'WASHBURNE, of Illinois. I would Mr. TRIMBLE, of Kentucky. Will the gen
IMMIGRANT SUIPS. like to ask the gentleman from Maryland be tleman allow me to ask him a question ?
The House then resumed the coosideration fore he calls the previous question a question Mr. THOMAS. Certainly.
of the special order, being House bill No. in relation to some of the provisions of the Mr. TRIMBLE, of Kentucky. I would | 1100, to amend an act entitled "An act to bill,
inquire of the gentleman whether or not, under regulate the carriage of passengers in steam: Mr. THOMAS. I withdraw the previous the provisions of this bill, an action against a ships and other vessels, and for other purquestion for that purpose. railroad company or express company or any
poses," on which Mr, O'Neill was entitled to Mr. WASHBURVE, of Ilinois. I do not other company named in this bill may not be the floor. know but that the provisions of the bill may removed from a State court to a Federal court;
The first reading of the bill for information be all correct; but it is a long bill, and it was and whether any case can be prosecuted to was dispensed with. impossible for me to catch the whole meaning. ) final judgment in a State court while there is a If there is anything in the bill which takes single stockholder of the company who is a
Mr. O'NEILL. Mr. Speaker, I wish to state
to the House that this subject came before the away the right of the citizen of a State to sue
Mr. THOMAS. That is the very thing I am
Committee on Commerce on the joint resolution
presented by the gentleman from New York, live in extraordinary times, and with an exMr. THOMAS. Well, that is one of the traordinary condition of society in one section city of Cincinnati, presented by the gentleman
days by resolutions from the Germans of the prime objects of the bill.
of our country; and if there be authority in the from Ohio [Mr. EAGLESTON ] and his colleague, Mr. WASHBURNE, of Illinois. Let me state a case. Suppose, for instance, one of citizens from the wrong done them in the State preparation of the bill did not fall exclusively my constituents at Galena sustains a loss by courts, then it is the duty and the prerogative an express company of $10,000 or of $100, and of this Government to exercise that authority,
I was aided by my colleagues of the
sub-committee of the Committee on Commerce, sues the express company in the local court, It is for that purpose that bills are here reported does this bill authorize the express company and acted upon day after day.
the two gentlemen from New York, [Mr. HUMPHREYS and Mr. ROBERTSON,) and also
opposed to it.
by Captain W. M. Mew, the efficient head of such vessels may be libeled therefor in any circuit or sively as such, properly built and secured, containing the division of steamship inspection of the
district court of the United States within the juris not less than eighteen clear superficial feet of the diction of which they shall arrive.
deck for every fifty passengers; and such hospital or Treasury Department, as well as others engaged in shipping interests. The result is the bill The House will perceive that this bill, while
hospitals shall be fitted with bed places and supplied
with proper beds and bedding and utensils, and before the House, which we consider one emi. not putting restrictions impossible to be com. throughout the voyage kept so fitted and supplied. nently fitted for the purposes had in view. plied with upon those engaged in carrying
And for every failure to comply with any of the
requirements of this section the master, owner, or I will state in a few words the object of immigrants to our shores, is designed to lodge owners of the vessel shall be liable to a penalty of this legislation. It seeks the enforcement of in the hands of the real sufferers abundant means not less than $100 and not more than $1,000. penalties never before enforced for the pur. of redress, actually throwing open our courts
Sec. 4. And be it further enacted, Tunt the owner,
agent, or master shall provide the passengers in each pose of securing proper light, ventilation, and to them all over the land, thus showing to the compartment on each deck, suitable means of comspace upon ships carrying immigrants to this world that the moment they embark they are munication with the upper deck of the vessel by a country, and to insure for them full protection || measurably under the protection of our benefi
substantial stairway furnished with a hand-rail, and
covered at the upper deck by a booby-hatch or house in morals, health, and comfort. It provides | cent laws.
over the passage-way leading to the compartments regulations for determining the proper number The bill may possibly be made more perfect | alloted to such passengers below deck, firmly secured of passengers each ship is to carry. It imposes || before it passes the other branch of Congress ;
to the deck or combings of the hatch, with two doors,
the sills of which shall be at least one foot above the the duty upon our consuls abroad of seeing | but so far as we can we have endeavored to deck, so constructed that one door or window in such that the immigrants do not come from districts | perfect this so that immigrants may recover for house may at all times be left open for ventilation. infected with epidemic diseases, thus prevent the wrongs done them. I have a few amend
In case of a non-compliance with the requirements
of this section the owner, agent, or master shall be ing the importation of pestilence, and upon the ments to offer from the committee, after which I liable to a penalty not exceeding $500. collectors of our ports at which they arrive of shall yield to the gentleman from New York,
Sec.5. And be it further enacted, That the owner, making thorough and proper examination of || [Mr. CHaNLER.]
agent, or master shall provide for each compartment the condition of the emigrants and the vessels Sundry amendments were offered by the
containing not more than one hundred passengers,
at least two ventilators, one of which shall be inin which they are brought, as well as for ob committee, which were severally agreed to; so
serted in the after part of the compartment, and tho taining all other pertinent information. It that the bill, as amended, will read as follows:
other in the forward part of the compartment, one
of them provided with an exhausting cap and the also attempts to prevent in future the over Be it enacted by the Senate and House of Representa other with a receiving cap proportioned to the size crowding of passengers, thus stopping the risks tives of the United States of America in Congrese assem. of the compartment. In a compartment containing of engendering disease upon the passage. In
bled, That there shall not be carried on any vessel two hundred such passengers, the diameter of each
on a voyage between the United States and foreign shalt be twelve inches in the clear, and in like proshort, it looks to the entire protection of those territory not contiguous thereto a greaternumber of portion for a larger or smaller number of passengers; who leave their homes abroad to come here passengers than in the following proportion, to wit: said ventilators shall rise at least four feet six inches and settle among us. Certainly no subject
On the second deck and lower deck, neither being an above the upper deck of the vessel, and be of the
orlop deck, one passenger for everyone hundred and most approved form and construction; nevertheless, should attract greater attention in an Amer twenty cubic feet of clear space contained therein, if it shall appear from the report to be made and ican Congress, representing the territorial
and on the main deck and poop deck, one passenger approved, as hereinafter provided, that the com
for every one hundred cubic feet of clear space convastness of our country; it is dictated alike by
partments are equally well ventilated by any other tained therein, the space in each case to be ascer means, such other means of ventilation shall be the interests of humanity and a sound national tained in the manner provided by law for the meas deemed a compliance with the provisions of this secpolicy.
urement of tonnage. And no passenger shall be tion. In case of non-compliance with the provisions This bill is in many respects similar to the
carried on an orlop or temporary deck; nor on any of this section the owner, agent, or master shall incur
deck where the height or distance between decks, or a penalty of $500. acts of 1855 and 1860. The committee has from the deck to the roof or covering of deck houses, Sec. 6. And be it further enacted, That the owner, sought to revise and improve those laws. Our measured on the inside, is less than six feet; nor upon agent, or master shall provide for the passengers on general object is to see whether we cannot
any deck not having good and sufficient sido lights the upper deck, housed and conveniently arranged,
and ventilation; nor on any sailing vessel except at least ono caboose or cooking-range, the dinnenenforce the penalties provided by them against upon the main and poop decks and deck houses, sions of which shall be equal to four feet long and those who violate the lawin this regard. Since
subject to the aforesaid limitation as to space and one foot six inches wide for every two hundred pasWe have taken up the subject a marked effect
height between decks. If a greater number of "stat sengers; and provision shall be inade, in the manner
ute adults" than the number allowable by the pro aforesaid, in this ratio, for a greater or less number has been produced in other countries, and it is portion aforesaid be carried during a voyage, or be of passengers ; but nothing bercin contained shall confidently believed that there will be some
brought within the United States by a voyage, or be take away the right to make such arrangements tor joint international action binding all countries
taken on board a vessel within the United States for cooking between decks as may be approved by the
e voyage, the owner, agent, or master shall forfeit officers charged with tbe execution of this act. In from which immigrants come under one law fifty dollars for each passenger so carried, brought, case of non-compliance with the requirements of common to all, comprising a system which will
or taken on board in excess of the number allowable this section, the owner, agent, or inaster shall incur end the abuses now existing. The power of
by the provisions of this section. And if the number a penalty of $200.
SEC. 7. And be it further enacted. That the owner, the courts has been of no avail to correct evils five per cent. of such allowable pumber, the owner, agent, or master shall, during the voyage, from the which have brought misery and death to hun agent, and master shall be deemed guilty of a mis time of receiving the passengers on board, and indreds of our fellow.creatures enduring the hor
demeanor, and upon conviction thereof the owner or cluding the time of detention at any placo before the rors of an Atlantic voyage in pest-ships.
agent shall be fined not exceeding $5,000, and im termination thereof, issue to each passenger, or,
prisoned not exceeding six months, or either, at the where the passengers are divided into messes, to the Mr. WELKER. How does the gentleman
discretion of the court, and the master shall be im head man for the time being of each mess, on behalf propose to enforce the provisions of this bill?
prisoned not less than six months and not more than and for the use of all the inembers thereof, an ailowone year,
ance of pure water and sweet and wholesome provisDoes he do it by enforcing the penalties upon Sec. 2. And be it further enacted, That the owner, ions of good quality, as follows: daily, three quarts the guilty parties after coming to this country,
agent, or master shall provide for each statute adult of water to each passenger, exclusive of the quantity or does he provide for an investigation of the
a single berth, not less than six feet in length nor less berein specified as necessary for cooking purposes;
than two feet in width, or a like space in a double weekly, three and a half pounds of good Navy bread, matter before they sail from foreign countries berth, which shall be of the same length and at least one pound of wheat foar, one and a half pounds of for this country, so as to take care of the immi four feet in width, divided into two compartments oat-meal, one and a half pounds of rice, one and a grants on the passage?
by a suitable partition board not less than one foot half pounds of pease or beans, two pounds of potaMr. O'NEILL. Of course we can do noth
high, which berths shall be built of good and sub toes, one and a quarter pounds of beef, one pound
stantial material and workmanship, shall be ranged of pork, two ounces of tea, one pound of sugar, two ing until the vessel reaches this country. Then
lengthwise with the vessel. against the sides or ounces of salt, one half an ounce of mustard, one we provide for enlarged jurisdiction, an im
against a substantial bulkhead or other seeure sup quarter of an ounce of ground black or white pepper,
port extending from deck to deck, shall be separated and one gill of vinegar. Substitutions for the fores provement upon the procedure under the exist at each end by a like partition of at least the widtb going articles of weekly allowance may be made by ing laws. We not only give jurisdiction to the
of the berth from any other berth or structure adja the master, as follows, namely: one pound of preUnited States courts, but extend it directly to
cent; there shall be no more tban two tiers of berths served meat for one pound of salt pork or beef: one the commissioners of those courts, so that
if the height or distance between decks is loss than pound of flour or Navy bread, or one half a pound
seven and one half feet, nor more than three tiers of of pork or beef, for one and a quarter pounds of oatmay be full and prompt remedy for the
berths in any case, and the interval orspace between meal, or one pound of rice, or one pound of pease or Wrongs complained of. We take the power
the lowest berth and the deck bepeath shall not be beans; one pound of rice for one and a quarter less than pas pounds of oat-meal; and one and a quarter pounds
of oat-meal for one pound of rice; three and a half of stopping proceedings and remitting the fines aot shall be divided into at least three distinc: com ounces of cocoa, or of coffee roasted and ground, for
two ounces of tea ; three quarters of a pound of and forfeitures. We also give power to the partments, separated by a well-constructed bulkhead,
molasses for one half a pound of sugar; one gill of the foremost of which compartments shall be occu
mixed pickles for one gill of vinegar. And there they may go within our limits. If they go to
shall be issued to each passenger between the United years and upward; the poxt abaft shall be occupied Boston, Philadelphia, or Baltimore, we give the
by families, that is to say, consisting of husbands and States and any Asiatic port the following allowance
their wives, and children under twelve years af age, of provisions daily, three quarts of water; and poor immigrant who has suffered the right to
the berths or cabins in which compartments sball be weekly, vegetables or fruit, fresh or dried, three follow them and sue them in the courts wherever
pounds; rice, bread, flour, and taro, seven pounds; effectually separated from each other in such man
fresh or salt meat and fish, two and three quarter We provide for every facility ner as to provide suitable privacy and seclusion for
pounds; tea, one and a half ounces; China oil, threo for bringing guilty parties to justice. each family, or where any such cabin affords more
fourths of a gill; butter, for cooking, three fourths cubic space than is required for each member of one
of an ounce; vermicelli, two ounces. In addition existing for the enforcement of any penalty as Is there any provision family tho extra space shall be occupied by another
to such allowance of wator to each passenger, the or part of another family; and the next compart
master sball issue, for cooking purposes, an addiagainst the ship itself? Is there any jurisdicment abaft shall be for the exclusive use and occu
tional supply of pure water after the rate of at least pancy of single females of the age of twelve years tion conferred upon any courts for enforcing
ten 'gallons for every one hundred passengers, for and upward, and each compartment shall be con
every day of the voyage; and shall cause the food rights as against the ship itself? nected with the deck above by suitable companion
and provisions of all the passengers to be well and ways; and in a with pro
properly cooked daily, and to be served out and distributed to them at regular and stated hours, by
messes, or in such other manner as shall be deemed for each passenger on board.
best and most conducive to the health and comfort That the amount of the several penalties imposed Sec. 3. And be it further enacted, That the owner,
of the passengers, of which hours and manner of by the provisions of this act upon the owner, agent, agent, or master shall provide for passengers of each
distribution due and sufficient notice shall be given. or master, sha'l bo lieps on the vessels in the employ:
sex a separate hospital in a compartment, properly maent of which such provisions shall be violated, and
divided off by a partition, in suitable parts of the
from the officers of the Treasury Department Sengers may be carried
under the provisions or linis imepigrants to follow the guilty parties wherever Diedorentugle male passengers of the age of twelva
they may be.
Mr. O'NEILL. The penalty is alien against wisions of this section the owner, agent, or master of
find the following provision ;
If the passengers on board any vessel engagod in carrying passengers, either between the United States