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partly to the inquiry of the Senator from Oregon. It is within my knowledge that before the creation of this office it was the habit of the Navy Department to employ counsel and pay them fees. The Senate will see at once that that was hardly an economical proceeding; that the fees of counsel in individual cases, if there were many of them, would be much more than a reasonable salary. I think it was that uneconomical proceeding which finally led to the creation of this office. I believe the office since it has been created has been found to be useful, and I have understood that there is still a great deal of business at the Department for this officer, and which, if he is not continued there, must devolve upon some paid counsel.

Mr. SHERMAN. I will offer an amendment to carry out the purpose of the Senator from New Jersey, to insert at the close of the paragraph proposed to be amended, in lieu of his amendment, these words:

For Solicitor and Naval Judge Advocate General, $3,000: Provided, Said office shall expire with the fiscal year ending June 30, 1869.

If we make appropriation for one year we continue the office by the practice of the Government, and next year it will be considered a permanent office. If the Senate think it can be dispensed with at the end of the year, let us say so. The continuation of the appropriation

will continue the office.

Mr. DRAKE. I object to the amendment of the Senator from Ohio. I do not know why we should a year in advance of the period fixed in this amendment, and when there is to be an intervening session of Congress, undertake to determine that this office shall cease on the 30th day of June, 1869. I do not understand this seeming opposition to the appropriation for this office, an office, manifestly upon the. statement made here, that conduces to a sav. ing of the public money. Why there should be such an anxiety among Senators to abolish it and get rid of it I cannot comprehend. It seems to me to be a very good exemplification of the penny-wise and pound foolish policy. I hope that the amendment of the Senator from Ohio will not be adopted, but that we shall leave that question to the next session to be determined.

Mr. FRELINGHUYSEN. I will only add to what the Senator from Missouri has said, that I do not see any propriety in reducing the compensation of this officer when the Senator from Ohio has just been introducing a bill to increase the salaries of others.

Mr. SHERMAN. I did not know I reduced it. Mr. FRELINGHUYSEN. Three thousand five hundred dollars is the salary fixed by law. Mr. SHERMAN. I did not mean to decrease the amount, I meant to put the amount the same. I intended to take the Senator at his word; he said the office was only needed for a year longer.

Mr. TRUMBULL. The Senator from New York will allow me to inquire of him in that connection what will be the effect of appropriating $150,000 year by year for temporary clerks. Will that make them permanent, too? Mr. CONKLING. No, sir; and I do not suppose this appropriation makes this office permanent. I only suggested that if it were so, that the simple act of appropriating petrified the office, that effect would have been produced already, because for two years at least, according to my recollection, just such an appropriation has been made. I do not wish to be understood as saying that I think it would have that effect, or would have had the effect if it had been offered a year or two years ago.

Mr. ČOLE. As a member of the Committee on Appropriations perhaps I ought to act with the committee in this matter; but it is certainly my opinion that the solicitor of the Navy Department is a useful officer to the Government, and that his services have resulted in saving large sums to the Government. If he is a faithful officer there can be no question but that his advice to the Secretary of the Navy is useful in many cases; and I believe the present incumbent-a person, by the way, with whom I have no acquaintance, whom I only know by sight-is a faithful officer, and I cannot but regard his position as one of great utility and saving to the Government. I believe to continue the office will be an act of economy and not of waste.

The PRESIDENT pro tempore. The question is on the amendment of the Senator from Ohio to the amendment.

The amendment to the amendment was rejected.

The PRESIDENT pro tempore. The question now is on the amendment of the Senator from New Jersey.

The amendment was agreed to.

Mr. FESSENDEN. I have an amendment that I wish to propose.

Mr. CONNESS. I would like to know if the Senator will give way for a motion to adjourn? It is half past five.

Mr. FESSENDEN. My amendment will only take a minute.

Mr. TRUMBULL. Other committees have amendments.

Mr. FESSENDEN. If there shall be any debate about this I will give way to a motion to adjourn.

Mr. HARLAN. Will the Senator from Maine allow me to offer an amendment, to have it referred to the Committee on Appropriations?

Mr. FESSENDEN. If the Senator cannot wait until I get through with this I will yield. [Laughter.] On page 32 I move to amend the seven hundred and fifty-eighth line by striking

out

"three" and inserting "four," and the seven hundred and sixtieth line by striking out "two" and inserting "one.” The effect is to transfer one clerk from class three to class four in the office of the Paymaster General. I have a letter here addressed to the chairman of the Committee on Appropriations request

Mr. FRELINGHUYSEN. This office was created by an act of 2d March, 1865, to continue during the rebellion and for one year thereafter, so that the office is only continued alive by the appropriation; and there is no necessity for putting in an affirmative provisioning that that be done. There is a very conthat it shall not exist next year, because we may want it to exist next year the same as we do this year. It depends on what arrangement is made in reference to the Attorney General's department. I think, therefore, we had better leave it under the existing laws.

Mr. CONKLING. Allow me to say to the Senator from New Jersey that I think he will find that under the practice of the Government (if there is anything in the suggestion that making the appropriation without the restriction will make the office permanent) that result has occurred already. As I understand, two years at least since the office expired by law appropriations have been made without the proviso. Therefore if the effect of the amendment offered by the Senator from New Jersey would be to perpetuate the office that effect has already been produced by previous appropriations such as he proposes.

siderable reduction of force in that office; it has been reduced two clerks in class three, two in class two, and four in class one, and four messengers, by the consent of the Paymaster General; but he requests that there may be one other clerk of class four. His reason is that one clerk in the office has charge of a room, and ought to be put upon the same level with others having the same duty to perform. I presume there is no objection to it.

The amendment was agreed to.

Mr. FESSENDEN. The amount of the appropriation should now be changed. In line seven hundred and fifty-eight "$5,400" should be changed to "$7,200," and in line seven hundred and sixty "$3,200" should be changed to "$1,600." I move that amendment. The amendment was agreed to.

Mr. SUMNER. I now move to correct the

the ؟

text of the bill in pursuance of the vote of the Senate the day before yesterday, by inserting in line three hundred and forty-seven, page 15, after the words "Secretary of State, words, "Second Assistant Secretary of State, examiner of claims." I do this under direction of the Committee on Foreign Relations. I will say nothing about it, for the whole matter has been discussed fully.

Mr. MORRILL, of Maine. That makes it conform to our vote of the other day. Mr. SUMNER. Yes, sir. The motion was agreed to.

Mr. SUMNER. At the same time the chairman of the committee will take notice that there must be an amendment in line three hundred and fifty-one, as to the sum appropriated, by adding the salaries of those two officers. One is $3,000 and the other $3,500.

The PRESIDENT pro tempore. The amendment will be reported now.

Mr. SUMNER. In line three hundred and fifty-one "$57,380" should read "$63,880." I move that amendment.

Mr. MORRILL, of Maine. Adding $6,500. The amendment was agreed to.

Mr. CAMERON. I desire to offer an amendment from the Committee on Agriculture. On page 44, line ten hundred and sixty-seven, I move to strike out the word "five".and insert "twelve;" so as to make the clause read:

For grading, forming roads and walks, and inproving the grounds, $12,000.

My amendment raises from $5,000 to $12,000 the appropriation for improving the grounds around the new Agricultural Department building. It is a new building, as the Senate is aware. This appropriation is for the preparation of the grounds, draining, paving, and making necessary improvements. It will only be required once, for the improvements will be permanent when made. It is necessary to

have this sum at present.

I am willing to save money, and I propose to strike out "five," on page 43, line ten hundred and fifty-five. There is an appropriation there of $25,000 for seeds, and I think it is larger than necessary; I am perfectly willing to take $20,000.

The PRESIDENT pro tempore. The question is on the first amendment of the Senator, in line ten hundred and sixty-seven.

The amendment was agreed to.

Mr. CAMERON. Now I move to strike out "five," so as to reduce the appropriation for seeds, in line ten hundred and fifty five, from $25,000 to $20,000.

The amendment was agreed to.

Mr. STEWART. On page 54, after line thirteen hundred and ten, I move to insert:

And that the district attorney for Nevada shall receive a salary for extra services of $200 per annum; and the Secretary of the Treasury is hereby authorized to audit and pay out of any moneys in the Treasury not otherwise appropriated of salaries of the present incumbent and his predecessor, R. M. Clark, at the rate of $200 per annum for their services.

I am directed to offer this amendment by the Judiciary Committee. By an omission in the law the usual $200 salary is not allowed to the district attorney for Nevada.

Mr. MORRILL, of Maine. I think there is some mistake about this. My recollection is that this district attorney now gets all the compensation that other district attorneys get. There is a uniform compensation for all the district attorneys of the United States except in California.

Mr. STEWART. No; he does not get any salary whatever. I can state the precise situation of the case. In California, by a special law, the district attorney is allowed double fees and $500 salary. In Oregon the district attorney has double fees and the usual salary of $200, the same as the district attorneys get generally. In Nevada double fees are allowed, but the salary has been left off entirely, so that the district attorney gets no salary. I have a letter in my hand from the Secretary of the Treasury

explaining that the law did not allow the usual salary.

Mr. MORRILL, of Maine. I will ask the Senator whether it is not true that this officer gets double fees in lieu of salary?

Mr. STEWART. No, not in lieu.
Mr. MORRILL, of Maine.

get double fees?

judicial expenses of the Government for the year ending June 30, 1869, submitted with my note of the 20th instant:

Does he not

Classes.

Mr. STEWART. Double fees? Yes, and double fees are allowed in Oregon and California. The double fees were allowed for a different reason altogether. The district attor ney in California has not only double fees but $500 salary.

Mr. MORRILL, of Maine. The Committee on Appropriations examined the matter and came to the conclusion that there was no occasion for an interposition in this case, because with the double fees that are authorized this officer, so far as we had any information on the subject, was quite as well compensated as the generality of this class of officers. I think it is true, as the Senator says, that in regard to California there is in addition to the double fees a salary

Mr. STEWART. Not only that, but more than double the usual salary.

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Mr. MORRILL, of Maine. That may be ; but in this instance there is no evidence that the Legislature intended to give the double fees and the salary too. It will be seen that this proposition allows the retaining of double fees, and superadds to them a salary not prospective alone, but prospective and retroactive and going back how far?

Mr. STEWART. About three years. Mr. MORRILL, of Maine. It covers up all the life of the State and the life of the Territory together, I believe.

Mr. STEWART. No; it simply applies to the present district attorney and his prede

cessor.

Mr. MORRILL, of Maine. It is for the

Senate to say. The committee hardly thought

an equitable case was made out.

Mr. STEWART. I will state that this is a very poor office, and we have had a great deal of trouble to get anybody to take it and hold it. It has been vacant half the time. There are some important duties for which it is necessary to have an officer there.

Mr. TRUMBULL. This amendment was examined by the Committee on the Judiciary and the facts ascertained.

The amendment was agreed to.

Mr. HARLAN. I desire to submit an amendment to this bill, which I ask to have referred to the Committee on Appropriations. The PRESIDENT pro tempore. It will be so referred.

Mr. RAMSEY. I am instructed by the Committee on Post Offices and Post Roads to amend the bill as follows:

In lines nine hundred and eighty-nine, nine hundred and ninety, nine hundred and ninety-one, and nine hundred and ninety-two, strike out "eleven clerks of class four, $19.800; forty-nine clerks of class three, $78,400;" and insert "fourteen clerks of class four, $25,200; forty-six clerks of class three, $73,600."

In lines nine hundred and ninety-three, nine hundred and ninety-four, and nine hundred and ninetyfive, strike out "twenty-three clerks of class one, $26.600; fifty female clerks at $900 each, $45,000;" and insert fifty-five clerks of class one, $66,000; sixtyone female clerks at $900 each, $54,900."

Strike out the following clause, contained in lines one thousand and two, one thousand and three, and one thousand and four, namely: For twenty-five clerks in dead-letter office, under act of January 21, 1862, $20,000."

This amendment relates to the classification of the clerks in the Post Office Department. It transfers three clerks from class three to class four; it increases the expense of clerk hire in the Post Office Department about six hundred dollars. I have a communication from the Second Assistant Postmaster General on this subject, which I will read:

POST OFFICE DEPARTMENT, CONTRACT OFFICE, WASHINGTON, June 22, 1868. SIR: The following table shows the number of clerks of the fourth and lower classes now employed in the Post Office Department, and the number provided for by the amendments to the bill making appropriations for the legislative, executive, and

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Fourth.. Third.

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46 45

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Very respectfully, &c.,

GEORGE W. MCLELLAN, Second Assistant Postmaster General. Hon. ALEXANDER RAMSEY, Chairman Committee on Post Offices and Post Roads, Senate United States. The business of the Post Office Department is divided into fourteen divisions. There are eleven clerks of the fourth class presiding over eleven of those divisions. The Department wish three clerks of class three promoted to class four, so as to have fourteen clerks of class four to preside over the fourteen divisions. This arrangement only increases the expense $600.

Mr. MORRILL, of Maine. There are twentyfive clerks in the dead-letter office discharging certain duties who are regarded as temporary clerks, but who are now to be incorporated into the system by these provisions. I only wish the Senate to understand it; I make no objection.

The amendment was agreed to.

Mr. CONNESS. I move that the Senate adjourn.

The motion was agreed to; and the Senate adjourned.

HOUSE OF REPRESENTATIVES.
THURSDAY, June 25, 1868.

The House met at twelve o'clock m. Prayer by Rev. JAMES BALLOCH, of Baltimore. The Journal of yesterday was read and approved.

NEW YORK POST OFFICE.

The SPEAKER laid before the House a communication from the supervising architect of the Treasury Department, in reply to report of architects of the post office at New York; which was ordered to be printed, and referred to the Committee on the Post Office and Post Roads.

ORDER OF BUSINESS.

Mr. SCHENCK. Before demanding the regular order of business, I am appealed to by half a dozen gentlemen to allow some matters to be disposed of which will not require division or discussion. I will yield for that purpose.

ISSUE OF ARMS TO THE MILITIA. Mr. PAINE. I ask unanimous consent to introduce a bill to provide for the issue of arms for the use of the militia, that it may be referred to the Committee on the Militia.

Mr. ELDRIDGE. Let us hear the bill read first.

Mr. PAINE. As I do not desire to detain the House, I will withdraw the bill.

ORDER OF BUSINESS.

Mr. WASHBURNE, of Illinois. I ask unanimous consent to take from the Speaker's table sundry bills and joint resolutions from the Senate that they may be referred to the Committee on Commerce, with the understanding that they shall not be brought back by motions to reconsider.

There was no objection.

HARBORS IN CALIFORNIA.

Accordingly a joint resolution (S. R. No. 46) in relation to certain harbors on the coast of California was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.⚫ COASTING TRADE.

A bill (S. No. 266) to regulate the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, and for other purposes, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

EZRA CARTER, JR.

A bill (S. No. 353) to authorize the accounting officers of the Treasury to adjust the accounts of Ezra Carter, jr., late collector of customs at Portland, Maine, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

REFUNDING OF DUTIES.

A bill (S. No. 448) to refund duties erroneously exacted in certain cases was taken from the Speaker's table, read a first and second time, and referred to the Committee on Com

merce.

D. H. M'DONALD.

A bill (S. No. 361) for the relief of D. H. McDonald, late acting United States consul at Cape Town, Cape of Good Hope, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

CAMBRIDGE, MARYLAND, A PORT OF DELIVERY.

A bill (S. No. 533) to establish Cambridge, in the State of Maryland, a port of delivery, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

COLLECTION DISTRICT IN OREGON.

An act (S. No. 153) to establish a collection district in the State of Oregon was taken from the Speaker's table, read a first and second time, and referred to the Committee on Com

merce.

FRAUDS ON THE REVENUE.

A bill (S. No. 442) to amend section one of an act to prevent and punish frauds upon the revenue, and for other purposes, approved March 3, 1863, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

THOMAS W. WARD.

A bill (S. No. 542) for the relief of Thomas W. Ward, late collector of customs, district of Corpus Christi, Texas, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce. BRIG HIGHLAND MARY.

A joint resolution (S. R. No. 113) authorizing the Secretary of the Treasury to issue an American register to the British-built brig Highland Mary was taken from the Speaker's table,

read a first and second time, and referred to the Committee on Commerce.

BARK AUG. GUARDIEN.

A joint resolution (S. R. No. 36) authorizing the Secretary of the Treasury to issue an American register to the bark Aug. Guardien was taken from the Speaker's table, and read a first and second time.

Mr. HUMPHREY. I desire that that joint resolution shall be put on its passage. It has been examined by the Committee on Commerce of the Senate and found to be correct. The SPEAKER. The Clerk will report the joint resolution.

The joint resolution was read. It proposes to authorize the Secretary of the Treasury to issue an American register to the bark Aug. Guardien, of the port of New York, the same being a French-built vessel, but now owned by American citizens.

Mr. WASHBURNE, of Illinois. I will let the joint resolution be passed provided I may

make a motion to reconsider so that the Committee on Commerce may look into the matter. Mr. SCOFIELD. I object to the passage of the bill. You refused to have a similar bill passed for the benefit of my constituents.

The bill was referred to the Committee on Commerce.

REGISTERING OF VESSELS.

A bill (S. No. 505) to amend section five of an act entitled "An act concerning the registering and recording of ships or vessels," approved December 31, 1792, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Com

merce.

HOSPITAL MARINE SURGEONS.

Senate bill No. 204, to provide for the appointment of the supervising surgeons of the marine hospitals of the United States, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Commerce.

Mr. WASHBURNE, of Illinois, moved to reconsider the various votes by which bills were referred to the Committee on Commerce; and also moved that the motion to reconsider

be laid on the table.

The latter motion was agreed to.

AMERICAN CITIZENS IMPRISONED ABROAD.

Mr. VAN WYCK, by unanimous consent, submitted the following resolution; which was read, considered, and adopted:

Resolved, That the President of the United States be requested to inform this House whether any American citizens have been arrested, tried, convicted, or imprisoned in Great Britain for words spoken and acts done in this country; whether any American citizens have been by Great Britain denied their rights as such, or otherwise treated as English subjects; whether American citizens have been denied the privilege of mixed juries; whether American citizens thus treated are now confined in English prisons; and what he has done to secure the release of any such persons, and why they have not been released.

COIN CONTRACTS.

Mr. LOGAN. I ask consent that Senate bill No. 180, relating to contracts payable in coin, may be taken from the Speaker's table and referred to the Committee of Ways and Means.

Mr. COBB. I object.

W. SHERWOOD AND D. W. MARTINDALE.

Mr. JOHNSON, by unanimous consent, introduced a bill (H. R. No. 1311) for the relief of Walter Sherwood and David W. Martindale; which was read a first and second time, and referred to the Committee of Claims.

ADDITIONAL ADJUTANTS GENERAL.

Mr. JOHNSON, by unanimous consent, also introduced a bill (H. R. No. 1312) to add to the service three adjutants general; which was read a first and second time, and referred to the Committee on Military Affairs.

INDIAN POLICY, ETC.

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Mr. HAIGHT. I ask unanimous consent
to present the petition of John Murphy, for
leave to apply for extension of letters-patent,
for reference to the Committee on Patents.
Mr. COBB. I object.

The SPEAKER. The petition can be handed
to the Journal clerk and referred under the
rule.

MRS. SARAH HACKLEMAN.

Mr. HOLMAN. I trust there will be no

objection at all to the consideration at this
time of a bill referred to last Friday week,
when the subject of pensions was being con-
sidered. It is well known that there are seven
widows of brigadier generals who fell in battle;
six of them have been pensioned at the rate
of fifty dollars per month. Mrs. Sarah Hackle-
man, widow of Brigadier General Pleasant A.
Hackleman, who fell on the field of battle at
Corinth, has not been so pensioned. I ask
that she may be placed on the same footing
with the widows
of other brigadier generals
who fell in actual battle. Mrs. Hackleman
lives in my district; she is the mother of three
daughters, one of whom is an invalid, and this
pension is necessary for their support. I state
facts that will be attested by every gentleman
from Indiana on this floor. I hope there will
be no objection to this bill.

Mr. BENJAMIN. I have no objection to
the introduction and reference of this bill.
Mr. HOLMAN. Let the bill be read.
The bill was read at length. The first sec-
tion directs the Secretary of the Interior to
place on the pension-roll the name of Sarah
Hackleman, widow of Brigadier General Pleas-
ant A. Hackleman, for a pension at the rate
of fifty dollars a month, from the 3d day of
October, 1862, on which day General Hackle-
man fell mortally wounded at the battle of
Corinth. The second section discontinues the
pension heretofore allowed to Sarah Hackleman
under the general law, and provides that the
sum already received by her shall be deducted
from the pension hereby granted, which shall
be subject to the provisions of the general
pension laws.

The SPEAKER. If there is no objection,
the bill will be considered as before the House.
Mr. VAN AERNAM. I object.

Mr. HOLMAN. I trust the gentleman from New York [Mr. VAN AERNAM] will withdraw the objection. The facts of this case are well

Mr. JULIAN, by unanimous consent, presented the petition of John B. Wolf, in behalf of white settlers in Colorado and Dakota Ter-known to every member from Indiana. ritories, praying for the abolition of military posts and other reforms in the Indian policy of the United States; which was referred to the Committee on Indian Affairs, and ordered to be printed.

ETHAN A. SAWYER.

Mr. STOKES, by unanimous consent, introduced a joint resolution (H. R. No. 309) for the relief of Ethan A. Sawyer, of Jefferson county, Tennessee; which was read a first and second time, and referred to the Committee on Military Affairs.

LEAVE OF ABSENCE.

Mr. MOORE asked and obtained leave of absence for four days.

J. Q. A. KECK.

Mr. BENJAMIN. I ask unanimous consent to have taken from the Speaker's table the Senate amendment to the bill of the House No. 236, granting a pension to John Q. A.

The SPEAKER. Does the gentleman from New York [Mr. VAN AERNAM] insist on his objection?

Mr. VAN AERNAM. I do. I desire that the bill may be referred.

Mr. BLAINE. Let it be referred, then, with leave to the committee to report at any time.

Mr. HOLMAN. That will be satisfactory if the bill cannot be passed now.

There being no objection, the bill (H. R. No. 1313) granting a pension to Mrs. Sarah Hackleman, widow of Brigadier General Pleasant A. Hackleman, was read a first and second time, and referred to the Committee on Invalid Pensions, with leave to report at any time.

SCHOOL SITE, BURLINGTON, IOWA.

Mr. WILSON,'of Iowa. I ask unanimous consent that the bill (S. No. 469) entitled "An act confirming the title to a tract of land in Burlington, Iowa," be taken from the Speaker's table for consideration at the present time.

The SPEAKER. The bill will be read for information.

The bill, which was read, provides that all of the title of the United States in and to a certain tract of land in the city of Burlington, Des Moines county, in the State of Iowa, described as being west of lot No. 978 in said city, south of Valley street, west of Boundary street, and north of Market street, and which was originally reserved from sale by the United States and dedicated to public burial purposes, be confirmed to and vested in the Independent School District of said city, to be forever dedicated to and used by that school district for public school purposes, and for no other use or purpose whatever.

Mr. WILSON, of Iowa. All that this bill proposes is to authorize the use of this tract of land for a high school.

Mr. WASHBURNE, of Illinois. I do not see why we should provide for a high school at Burlington any more than at any other place. Mr. WILSON, of Iowa. I will explain the matter in a few words.

Mr. WASHBURNE, of Illinois. Let the bill be referred to the Committee on Private Land Claims.

Mr. WILSON, of Iowa. I will ask, then, that the committee have leave to report the bill at any time.

The SPEAKER. The Chair will state that the Committee on Private Land Claims will probably be called soon after the tax bill has been disposed of.

Mr. WILSON, of Iowa. My reason for desiring that the committee be authorized to report at any time is that until this bill shall be passed the erection of the high school building will be suspended.

The SPEAKER. The Committee on Private Land Claims will be called very soon. Mr. WILSON, of Iowa. Very well. The bill was read a first and second time, and referred to the Committee on Private Land Claims.

REFERENCE OF BILLS, ETC.

Mr. UPSON. I move to reconsider the various votes by which bills, &c., have been referred this morning; and also move that the motion to reconsider be laid on the table. The latter motion was agreed to.

JUDICIAL DISTRICTS IN ILLINOIS.

Mr. RAUM. I ask unanimous consent that the bill (H. R. No. 347) entitled "An act to amend an act to divide the State of Illinois into two judicial districts," approved February 13, 1855, be taken from the Speaker's table, that we may concur in the amendments of the Senate; which will occupy but a moment.

The SPEAKER. The amendments will be read for information, after which objection can be made.

The Clerk read as follows:

First amendment:

Strike out all after the enacting clause and insert in lieu thereof the following:

That in addition to the terms of the district court of the United States for the southern district of Illinois, now required by law to be held at the city of Springfield, terms of said court shall hereafter be held at the city of Cairo, in said State, commencing on the first Mondays of March and October in each year. Second amendment:

Amend the bill so as to read as follows:

An act for holding terms of the district courts of tho United States for the southern district of Illinois, at the city of Cairo in said State.

Mr. WASHBURNE, of Illinois. would like my colleague [Mr. RAUM] to explain, if he can, the necessity for this additional expense of holding courts at Cairo.

Mr. RAUM. I can do so very readily. This bill, after a reference to the committee in this House, was passed here, and being sent to the Senate was referred to the Judiciary Committee there, on whose recommendation it appears these amendments were adopted. The bill simply provides for two additional terms of the district court to be held at Cairo. My colleague well knows there is a large commerce at Cairo. Five or six thousand steamboats land there every year, and a large amount

of litigation necessarily results, most of which must go through the United States courts; and bolding the United States courts at Cario will be a convenience for the people of that section.

Mr. CULLOM. The district judge in the southern district of Illinois states in a letter that this is necessary.

Mr. WASHBURNE, of Illinois. Judge Treat is the party most interested, and his opinion has great weight with me.

The amendments of the Senate were concurred in.

Mr. RAUM moved to reconsider the vote by which the Senate amendments were concurred in; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

LEAVE OF ABSENCE.

Mr. KERR was granted leave of absence for four days, and Mr. MUNGEN for one day.

INTERNAL TAX BILL.

Mr. SCHENCK. I ask unanimous consent to make an explanation in regard to the condition of the tax bill.

There was no objection, and it was ordered accordingly.

Mr. SCHENCK. Mr. Speaker, I desire to notify the House we have now reached in committee page 61 and section fifty of the internal tax bill, that is within three or four of one half the number of sections and one half of the pages of the bill. It may be considered we are more than half through the bill, because we have disposed of the question of whisky in a great degree, so far as the tax upon it is concerned, and that is known to give rise to more debate in this House than anything else. I merely desire on public grounds, which every one will understand, this bill should be finished in the present week. I hope we will finish it to-morrow. We can hardly get through with it to-night. I desire to give notice, in order to finish it Friday or Saturday. I propose to press it with all the vigor I can; and in this connection to say one of the great obstacles in the progress of the bill is the want of a quorum in Committee of the Whole, and especially is that the case in the evening. Last night we were without a quorum and had to have a call of the House. It was so the night before, and the same thing may occur to-night. If so, I suppose it will be my duty to drive the call of the House through. I hope there will be no objection to that.

I appeal now earnestly and most respectfully to all the gentlemen round the Hall to come up and help us to keep a quorum. Especially do I make that appeal to the gentlemen on this side of the House. There has been no factious opposition whatever to the bill, nothing but fair treatment so far as the Democratic side of the House is concerned. It is true they have sustained amendments not in accordance with the views of the committee, but after they have been offered and voted on there has been no disposition manifested to defeat the bill. I do not know there is any intention on the part of any one of that kind; and in reference to attendance, I may especially say to our friends on this side it is not only proper for them to come here considering what may be their sense of duty, but it is only fair to us who are in regular attendance. My friend from Iowa, [Mr. PRICE,] who is looking so serious, is always here. I think it their duty to the "workers to attend. My cndition last night was such that I ought to have been at home, and I am little better this morning. I was surprised last night to find mine was not a single case. It would seem an epidemic prevailed from the number of members who were reported to be detained from the House last evening by illness. I hope with this favorable weather there will be a better sanitary condition.

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Mr. PRICE. I suggest we meet at eleven o'clock in the morning.

Mr. BOUTWELL. I object.

Mr. SCHENCK. I move that all debate on the pending section be closed in ten minutes after its consideration shall be resumed. The motion was agreed to.

The House, under the order heretofore made, resolved itself into the Committee of the Whole on the state of the Union, (Mr. BLAINE in the chair,) and resumed the consideration of the bill (H. R. No. 1284) to change and more effectually secure the collection of internal taxes on distilled spirits and tobacco, and to amend the tax on banks.

The pending question was on. the amendment of Mr. PRICE, to add at the end of section fifty the following:

Provided, No distilled spirits shall be removed from the place of distillation until the tax provided for in this act shall have been paid, anything contained in this and in any law to the contrary notwithstanding.

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Mr. PRICE. I will modify the amendment by striking out the words "place of distillation, and inserting "distillery warehouse;" so that it will read "No distilled spirits shall be removed from the distillery warehouse." Mr. SCHENCK. That is an amendment in the first degree. I now

The CHAIRMAN. The House was divid ing and tellers were about to be ordered for lack of a quorum. Nothing is in order until that is settled.

Mr. SCHENCK. There was no decision declared.

The CHAIRMAN. There has been a vote by voice and by raising. Nothing can arrest the decision of the House. The Chair appoints as tellers Messrs. PRICE, and HOOPER of Massachusetts.

The committee divided; and the tellers reported-ayes 68, noes 38.

So the amendment was agreed to.

Mr. SCHENCK. I now move to amend the section as amended by striking out all after the word "country," in the sixteenth line. I had supposed, as a matter of course, that no decision had been made last evening at the adjournment and that the committee would go on this morning with an opportunity for some explanation of the amendment. I take this opportunity, however, to make the amendment which I have offered, which by including two or three words at the end of the section as it stood will strike out the amendment which has just been agreed to.

Now, I desire to say to the committee,, with no feeling on this subject in behalf of the bill or the system which it proposes, that by the amendment offered by the gentleman from Iowa, [Mr. PRICE,] and which is now renewed conversely by myself, the whole question is brought up whether we shall abandon and crush out the export trade altogether or in any degree and under any regulation retain it. It has already been agreed in Committee of the Whole that so far as the removal of spirits from the distillery warehouse for the purpose of consumption in the United States is concerned, it must always be taxed, then and there, so that there is nothing whatever to prevent that. Then comes the question, shall it be removed for any other purpose whatever without the prepayment of the tax? The bill provides that it may go directly to an export warehouse to be sent immediately on board of a vessel to go abroad. The bill provides that it may be used in the manufacture of certain compounds, of which alcohol is the principal component part, for the purpose of actual transportation. The bill also provides that being redistilled into alcohol to meet the growing demand abroad it may be exported. Making these exceptions, and providing as we have fully and sufficiently against abuse in carrying out these objects, the bill requires prepayment of the tax upon all spirits used in the country taken from the distillery warehouse for consumption in the United States. That saves the export trade.

Now, the position taken by the gentleman from Iowa [Mr. PRICE] and those who agree with him puts an end to all export trade whatever. The committee decided last night not to convert the export trade into a system by which, instead of going without prepayment of tax, these articles might be sent abroad

and a drawback allowed. That question being settled, the gentleman now proposes to put an end to the export trade, requiring the repayment of tax and not allowing any drawback. All I have to say is that every one conversant with the subject knows perfectly well that I put it as a proposition really before the committee when I say it is a proposition to crush out and put an end to the exportation of alcoholic spirits entirely from this country. What we carry abroad, as has been explained before and as is now provided for by amendment to this bill, is only alcohol and rum. Alcoholic spirits in those two forms does go abroad, to an amount of nearly five million dollars a year, to Hamburg, Smyrna, and some other ports of the Mediterranean, and the trade is increasing. Mr. LOGAN. You mean gallons; it is more than that in dollars.

Mr. SCHENCK. It is more than that in dollars. The statistics of the last two years show it to be very considerably and rapidly increasing, although it had not been very material up to 1867, when it first came up to about three million dollars. Now, believing as I do, that we can, and that the bill provides for enabling us to do so, carry out a system of export trade without at the same time endangering the collection of the tax justly due upon that which is consumed in the country, the bill was so framed, and it is for the House to determine which side they will take on this subject; which horn of the diler ma; to give up exports entirely, because they believe that there can be no sort of protection, no security given by law, which I utterly disbelieve, or else allow the bill to stand as it is.

[Here the hammer fell.]

Mr. PRICE. Mr. Chairman, the House will remember that last night we proposed to guard this drawback principle, so that no drawback should be allowed unless the parties could prove that the liquor had paid the tax at the port whence it was shipped, and also that it had been delivered and received at the place that it was consigned to, so as, if possible, to avoid frauds in the matter. The chairman of the Committee of Ways and Means "opposed that measure, and it was defeated; so that as the question stands before the committee today we can only export, without the payment of the tax, all liquors that the manufacturers say are for exportation, and we must take their word for it. It is no secret to this House, and it is no secret to the country, that ever since this tax was levied upon distilled spirits we have been cheated from the beginning to the end. At the last session of Congress, when the Committee of Ways and Means came in with their system of locks and bars and bolts, they told us confidently-and I have no doubt they believed it—that they had adopted a system by which the distillers could not cheat the Government out of its revenue; but you see that they have cheated it out of four fifths of all that was due us. And now, in my judgment, and in the judgment of two thirds of the House, as the vote this morning demonstrates, the only way left is to close up all the side doors and to compel the manufacturer of distilled spirits to pay the tax on it before it leaves the place of distillation.

Now, suppose for the sake of the argument that the chairman of the Committee of Ways and Means makes, that it does kill the export traffic. I need not say to gentlemen of this House or to the country, who have watched the progress of this matter, that where we make. one dollar by the export trade in alcohol we lose, by being defrauded of the tax on distilled spirits, more than ten dollars; or, as a friend near me suggests, more than $100. So that even if we should kill the export trade we will have saved nine dollars if not ninety-nine dollars where we lose one. That is the plainest proposition in the world, and I am only surprised that a gentleman of the sagacity and research of the chairman of the Committee of Ways and Means should advocate for a moment any system by which the distillers should be allowed to defraud the Government out of the tax due

the Government. They have been doing it for years; they are doing it to-day while we are talking about it, and they will continue to do it so long as there is any loop-hole left out of which they can make their escape. I yield now to the gentleman from Wisconsin, [Mr. PAINE.]

Mr. PAINE. With the permission of the gentleman from Iowa I desire to say a word to the committee, not for the purpose of arguing upon this amendment, upon which I have already said all I desire to say, but for the purpose of addressing a word or two more particularly to those who entertain the same opinion as the gentleman from Iowa entertains and as I entertain respecting this amendment. I believe that the amendment of the gentleman from Iowa ought to pass, and I exceedingly desire that it shall pass. I desire that it should stand; I believe it ought to stand. Iam opposed to the amendment of the gentleman from Ohio, [Mr. SCHENCK.] But I wish the Committee of the Whole to understand this: we must now finally decide it. It is for the interest of every single gentleman on this floor to have this question finally decided now. If the amendment of the gentleman from Iowa [Mr. PRICE] is allowed to stand, then there must needs be a very extensive modification of subsequent portious of this bill. If the House, after having made these numerous and material modifications of the bill, shall finally, when the amend ment of the gentleman from Iowa is presented to the House and the yeas and nays are called, as they will be called, if the House shall then vote down that amendment it will involve the consideration of a large number of amendments to the bill, leading, in my opinion, to a serious complication of action on this bill. It is, therefore, very important to us that this question should be decided now; it is of the utmost importance. I would very much rather encounter an adverse decision than postpone the question.

The CHAIRMAN. No further debate is in order on this section. By the order of the House all debate upon this section and all amendments thereto was to terminate in ten minutes after its consideration was resumed, and the ten minutes have expired. The question is upon the amendment of the gentleman from Ohio, [Mr. SCHENCK.]

The amendment was to strike out the following words:

As hereinafter provided. But no distilled spirits shall be removed from the distillery warehouse until the ax provided by this act shall have been paid, anything contained in any law to the contrary notwithstanding.

Mr. FARNSWORTH. I rise to a point of order; that this amendment is not in order, because it proposes to strike out what the Committee of the Whole have inserted.

The CHAIRMAN. The Chair overrules the

point of order on two grounds; in the first place the point of order is made too late; and in the second place the amendment is in order, because it includes not only what has been inserted, but a portion of the original section.

The question was then taken upon the amendment of Mr. SCHENCK, and it was not agreed to; there being upon a division-ayes 24,

noes 77.

Mr. ALLISON. I would inquire of the Chair if the words "alcohol and rum" have been substituted for the words "distilled spirits," in the first part of this section?

The CHAIRMAN. They have not. Mr. ALLISON. Then I move to amend the section in that way.

Mr. JUDD. I object, unless some reason is given for it.

The amendment of Mr. ALLISON was then agreed to.

Mr. RAUM. I now move to amend this section by striking out all after the first word "that," down to and including the word

66

but" in the amendment adopted on motion of the gentleman from Iowa, [Mr. PRICE,] So that the section will then read:

And be it further enacted, That no distilled spirits shall be removed from the distillery warehouse until

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No further amendment was offered to section fifty.

Section fifty-one was then read, as follows: SEC. 51. And be it further enacted, That the warehouses established and designated in accordance with the preceding section shall be under the direction and control of the collector of internal revenue at the port where such warehouse is located, who may have charge of all matters relating to the exportation of articles subject to tax under the laws to provide internal revenue, and such warehouse shall be in charge of an internal revenue storekeeper assigned thereto by the Commissioner of Internal Revenue; and the collector so designated is hereby charged with the duties connected with the entry for warehousing, bonding, and custody of all distilled spirits of domestic production transported to such port of entry from any other district, and connected with the exportation of all distilled spirits of domestic production from such port of entry; and such warehousing and custody thereof shall be subject to all the provisions of law and to all the regulations hereinafter provided, and such further regulations, not inconsistent therewith, as may be established by the Commissioner of Internal Revenue.

Mr. BUTLER. I move to strike out this section for the reason that it has now become useless. The adoption of the amendment of the gentleman from Iowa, [Mr. PRICE,] by which the Committee of the Whole has determined that all the taxes on whisky shall be col· lected at the distillery warehouse, has rendered unnecessary all the provisions of this bill in relation to the export trade. That amendment was adopted upon the express ground that the export trade should be killed.

Mr. PRICE. I did not say that the export trade should be killed; but that if my amendment did kill it, let it go.

Mr. BUTLER. Exactly; if it did kill it, let it go; I am willing to admit the correction. That is to say, that at all hazards there shall be no regard shown to the export trade of this country, either in regard to this matter or any other. We of the Atlantic coast have stood here and seen you strike down our shipping by a vote of 85 to 45. You have now adopted an amendment which strikes down one of the very largest items of the export trade.

Mr. WASHBURNE, of Illinois. What does the gentleman mean when he says "You strike down our shipping trade?" One of his own colleagues voted against that bill.

Mr. BUTLER. I mean whoever voted against it; and I observed that most of the votes on that division came from the West. Be it so. I can only say that the head can live as long as the legs and body under any legis lation that you choose to put upon it. But I do not see why we should stay here hour after hour and day after day to perfect a section which every man in this House having any intelligence upon this subject knows can be of no earthly use, for under the provisions already adopted there can be no more export of spirits. The question you have determined is not how many gallons of spirits can be exported; that may not be so important, but it is important to consider how much that export trade brings back, how much it tends toward settling your balance of trade with Europe and abroad, how it affects your commerce and the revenue from your external trade. You get one hundred and fifty to one hundred and eighty mil. lion dollars in gold every year from your external trade or export; and you propose to strike a large portion of that down under an insane hope of getting something out of whisky. You propose to strike down that which is certain for that which is uncertain in the most uncertain future, depending upon the honesty of the officers appointed by Andrew Johnson; and if there is on earth anything more uncertain than that, I should like to know what it is. That is the only hope you have, for which you propose to kill your foreign trade. That is what you are doing, and I want it fully and distinctly understood by the House.

Great Britain gives a bounty on her foreign export trade in spirits; and she has had some

reputation for commercial and national sagacity in legislation; and we here, when we have been able to collect an external and internal revenue from whisky of only $13,000,000, strike down to-day by a single vote an export trade which during the last year brought you mediately and immediately more than half that amount, as can be demonstrated by statistics. The question is whether you are not throwing away the substance while you grasp at the shadow; whether you are not killing the goose that laid the golden egg, in some insane hope of finding a mass of gold in her crop. It seems to me there is just about that much wisdom in this proceeding by which you kill your export trade. Mr. ALLISON. I do not rise to oppose particularly the amendment of the gentleman from Massachusetts. I think that if the amendment just adopted by the committee, in relation to the payment of the tax, is to stand, this section may as well be struck out. Now, there are several subsequent sections, all of which are affected by the proposition made by my colleague, [Mr. PRICE,] which has been adopted by the committee. If that amendment should be agreed to by the House these subsequent sections will be of no utility; but if the proposition should be voted down so as to allow export at all, then these subsequent sections should be retained. Now, what I propose is, that these several sections be now stricken from the bill pro forma; and when we consider the bill in the House this can be reinserted if the amendment of my colleague be retained. I yield to my colleague, [Mr. WILSON, of Iowa.]

Mr. WILSON, of Iowa. I desire to understand from my colleague [Mr. ALLISON] whether the committee is opposed to incorporating in this bill any system of drawbacks, and if not, whether it would not be wiser for the committee to propose some system of drawbacks than to ask the House now to strike out all these provisions?

Mr. ALLISON. I do not know what the committee may propose. For myself I look upon this system of drawbacks as opening a wider door to fraud than anything else contained in this bill. I am, therefore, opposed to any system of drawbacks. Now, we have only the alternative of striking out these sections or allowing them to remain. The Committee of the Whole decided against drawbacks, and has now decided against any exportation at all. I am not finding fault with that decision; I only want a vote of the House on these propositions.

Mr. GARFIELD. I suggest that we informally pass over all these sections with the condition that they may be amended or struck out in the House, in conformity to the action which may finally be taken on the amendment of the gentleman from Iowa.

Mr. SCHENCK. I cannot consent to the

proposition of my colleague, which will keep these sections open for discussion and amendment in the House.

The CHAIRMAN. If the gentleman objects there is no use of stating the reasons, because unanimous consent is necessary.

Mr. SCHENCK. If we have these sections open to amendment and discussion in the House we shall have this whole scene over again.

The CHAIRMAN. Unless by unanimous consent, the bill must be proceeded with section by section.

Mr. JUDD. I move to insert "bonded" in the first line preceding the word "warehouse;" and I do that, Mr. Chairman, for the purpose of referring a little to the remarks of the hon. orable gentleman from Massachusetts, [Mr. BUTLER,] who alluded to the position this question has assumed before the House. He seems to say and charge it upon the West that we desire to destroy this business of exportation. On that point he is entirely mistaken. only desire it regulated in such manner that it shall not be the means of defrauding the Government out of its revenue. And when he tells us this proposition will substantially take $180,000,000 out of the Treasury of revenue derived from exports, he exaggerates entirely

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