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act, I see no reason why they should apply to

the enemies of the bill for amendments on points that are purely trivial in their character; for, as was shown by my friend, the Senator from Nebraska, [Mr. TIPTON,] the question is submitted in a different mode in the election of the members of the Legislature. The bill now provides that they shall decide when they convene whether the Territory shall be admitted into the Union or not; and if they decide not to be admitted into the Union then this law becomes a nullity; and it is purely immaterial whether the provisions of the constitution are acceptable in all respects to the people or not, if it is to become nugatory and void. But if they decide in favor of admission, and there should be found to be provisions in it, as I have before remarked, that are not acceptable to the people, they will have the power to change them, for the constitution itself provides the mode; and if it did not thus provide a mode for its own amendment, I apprehend no Senator here would contend for a moment that they would not inherently have the right to amend their fundamental law.

If then, Mr. President, there is probably a sufficient population in this Territory to sustain a government; if they are willing to do so; if they probably have the capacity to enact and enforce laws for the protection of life, liberty, and property, to make these reasonably secure, and if they will have the opportunity to amend their constitution in all these minor respects, if they choose to do so, as seems to me to be obvious, what reason is there for refusing to permit them to come into the Union as a State unless it be placed on the ground purely of inequality of representation, as measured by population, in this Chamber?

Mr. FERRY. Will the Senator allow me one word?

Mr. HARLAN. Certainly.

Mr. FERRY. There is now placed upon this constitution one condition which it is not in the power of the people of Colorado to change; so that upon that provision no expression of the will of that people has ever been

had.

Mr. HARLAN. That will be had by them in the election of members of the Legislature. If they are not willing to live under the constitution with this clause in it, they will vote for members to represent them who will vote against its adoption.

Mr. EDMUNDS. Will the Senator permit me to ask him a question?

Mr. HARLAN. Certainly.

Mr. EDMUNDS. I wish to ask him if he ever knew or heard of an instance where a question of this kind was submitted to a Legislature instead of to the people when it was going to be submitted at all in the admission of any State before this one?

Mr. HARLAN. Was it not so in the case of Nebraska?

Mr. TIPTON. Yes, sir.

Mr. EDMUNDS. No, sir.

Mr. HARLAN. I understand from the Senator from Nebraska that a similar question was submitted to the Legislature of that State.

Mr. EDMUNDS. Permit me to correct the Senator. It was not submitted to the Legislature of Nebraska whether they would be admitted into the Union or not. It was submitted to them to ratify the perpetual condition we imposed upon them.

Mr. TIPTON. That was the only condition on which we were admitted.

Mr. EDMUNDS. Exactly; but here this proposition is to leave the Legislature to decide yea or nay whether they desire to be admitted into the Union at all; and my question was whether there was ever a case of that kind before.

Mr. HARLAN. This is more technical than real, for if the Legislature of Nebraska had failed to ratify that fundamental condition they were not to be received; they were not to be a member of the Union. It was for the purpose of settling the question whether they were to be admitted that that fundamental condition ||

was submittedeir constitution was declared to

On its ratification by the

have been adopted, and they entitled to repre-
sentation in this Chamber and in the other
branch of Congress. But, sir, as it seems to
me, with great respect for the Senator from
Vermont, it is a puerile question, to say that
delegates may make and ratify a constitution
and members of a Legislature may not do so.
Who are the delegates in a Territory but the
representatives of the people, elected at the
polls for a specific purpose, for the purpose of
framing and adopting a fundamental law. If
you call them members of the Legislature, elect
them in the same way, and clothe them with
the same power, have you not achieved sub-
stantially the same thing; that is, a fair repre- ||
sentation of the will of the people?

Mr. DAVIS. Will the honorable Senator
permit me to ask him a question?

Mr. HARLAN. Certainly.

Mr. DAVIS. A convention is elected specially to frame a constitution. A Legislature is elected to do no such work, and therefore cannot legitimately make or adopt a constitution.

Mr. HARLAN. Yes, sir; and that is purely a name. You call one a convention, and you call the other a Legislature. Suppose you reverse the names; would it change the substance? Suppose you call one legislative body; that is, a legislative body composed of but one house a Legislature--and I suppose it would be competent for the people of a State to have a Legislature of but one house-then it is in identical form a convention. Does it change the substance to have two houses? Could not the people of a new community call a convention of that form? Could not Congress do so? Could not they provide that members of a convention should be elected to two branches, one to be composed of a certain number of members, and another to be composed of a smaller number of members, and that before a constitution should be adopted it should receive the assent of both of these houses? Why, sir, with great respect, this is a mere play of words. What you desire in the ratification of a constitution to be the fundamental law of a State is to ascertain that it proceeds from the mind of the people themselves; that it is the expression of their will. It has not been usual until recently in this country to submit laws, fundamental or statute, directly to the people for ratification.

Mr. EDMUNDS. Not constitutions?

York and one million in the State of Iowa, New
York ought to have four times as much plunder
as the people of Iowa, and to secure this should
have a corresponding representation. Sir, this
is not, although it is frequently asserted to be,
a body composed of representatives of States.
We do not vote here as representatives of
States; we vote as Senators of the United
States. Neither the State of New York as a
State, nor any other State in this Union, casts
a vote as such. Why, sir, how frequently are
the two Senators from any one State divided
in their votes? Not frequently do the two Sen-
ators from Indiana vote on the same side of a
great political question, and very frequently do
they differ on questions of mere expediency,
questions even of local policy; and so with the
Senators from each of the other States.
roll of States is never called in this Chamber.
That is only done in the other branch of Con-
gress. It is only the Representatives of the
people in the other House that are called by
States to express their voice in this manner,
and then only in a possible case of disagree-
ment in the Electoral Colleges in the selection
of a President of the United States. There is
nothing, therefore, in this idea of this body
being composed of representatives of States.

The

Sir, we are representatives of the United States, and the moment a Senator-elect walks to that desk, and takes on himself the solemnities of his oath of office, he ceases to be the official representative of a State as such and becomes a legislator for this nation, and is bound under his oath of office to do justice as much to Iowa as the Senators from that State are to do justice to the people of his State.

It is important, however, that these local communities should be represented here in order that we may be well informed as to the local necessities of the people of this great country. It is important that their representatives should be here to inform this body of the necessities of the communities among whom they live, as well as to give the Government the aid of their counsel and advice in the passage of measures pertaining to the general welfare.

Now, sir, in the Territory of Colorado the people of this nation have larger interests as a nation than they have in New York or Kentucky. They have a vast public domain to be disposed of; they have vast mineral interests, and the people of that locality are in imme diate contact with independent tribes of people over whom this nation exercises a kind of guardianship, but nevertheless are compelled, by the usages, at least, of the nation, to treat as independent communities. Now, I inquire whether we do not need the advice and counsel of representatives from that community in this Chamber in order that our votes may be intel

Mr. HARLAN. Not constitutions. Few, if any, of the constitutions, at least of the old States, that were in force at the organization of this Government, were submitted directly to a vote of the people. I am informed by my friend, the Senator from Missouri, [Mr.ligently cast in relation to the disposition of DRAKE,] that not one half of all of them now in force have ever been submitted directly to the people. To say that a people have not power to clothe their delegates with authority to make a fundamental law that will be binding on them without first submitting it to a vote of the people is a new doctrine in this country.

Sir, this is a representative Government. Your laws are made, not by the people, but by representatives of the people. They are adjudicated, not by the people en masse, by the people at the polls, but by the representatives of the people on the judicial tribunals. Your laws are enforced, not by the people en masse, by their votes, but by their representatives in the executive offices of the State and of the nation. This, therefore, is a representative Republic, and the people may, if they choose, clothe their delegates with authority to settle finally the question of the adoption either of a fundamental or a statute law. With great respect, therefore, I conclude there is nothing in the objection submitted by the Senator from Kentucky.

But, sir, Senators argue as if this Senate was organized for the division of spoils, and not to make laws; that if there are four million people within the limits of the State of New

that vast public domain stretching from the
northern border of Mexico up to the British
possessions, covering what in any other coun-
try might be carved up into a home for several
great and powerful nationalities? Here in this
Chamber you have no representative of that
vast region. You have delegates in the other
House without a voice-legalized lobbyists;
nothing more. Sir, we need a representation
from these large Territories and from these vast
and expanding interests in order that we may
enact the necessary laws to develop them in
an intelligent and enlightened manner.
not for the purpose of parceling out goods and
chattels that Senators come to this Chamber,
I suppose, but for the purpose of lending to
the nation their advice and counsel in the man-
agement of the vast interests submitted to our
control; and in order that this may be done
intelligently I submit that it is important at
this time that that vast country and that grow-
ing community, very soon to be a great agri-
cultural community, shall have a voice in this
and the other Chamber.

It is

Mr. CRAGIN. Mr. President, I shall occupy but a very few moments in stating one or two points. I have no objection to the amendment resubmitting this constitution to the people of Colorado. Believing that that

people are anxious for admission into the Union, I feel confident that they will readily adopt the constitution; and believing, as I do, that their population is much larger than it is represented to be in this Chamber, I am anxious that they should have an opportunity to be admitted, and for that reason I shall not oppose the amendment.

As bearing upon two important points in this case, that of population and that of the capacity of this Territory to support a State government, I beg leave to read a passage from the last report of the Commissioner of the General Land Office, made to the Secretary of the Interior. The Commissioner of the General Land Office is the gentleman whose capacity and industry was so largely commented upon in this Chamber yesterday. In his report he

says:

"The elements of an agricultural character are as yet variously reported, but unquestioned facts represent enormous yields of cereals from imperfect agricultural enterprise. Sixty bushels of wheat to the acre is a crop well attested in several localities. The mineral wealth of the country is enormous; the yield of gold in 1862 was reported at $12,000,000. Silver has been mined on Snake river which produces $600 per ton. Large tracts of bituminous coal are also reported. The population in 1860 was thirtyfour thousand two hundred and twenty-seven; in 1863 it was eighty thousand; the present population is a matter of conflicting estimates. It is probably near one hundred thousand. The immigration is rapid. The completion of the Pacific railroad will soon enable it to reach a still higher aggregate. Denver City, Central City, Colorado City, and Nevada City are the principal towns. The public lands undisposed of in Colorado are over sixty-two million eight hundred and fifty thousand acres."

Turning now to the report of the surveyor general, the local officer in that Territory, I read as follows:

"My predecessor in his last report estimated the number of acres of land capable of cultivation in the Territory at four million acres.'

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I call the attention of the Senator from Kentucky to that fact.

Mr. DAVIS. Will the honorable Senator from New Hampshire tell me how many million acres of land there are in all in the Territory?

Mr. CRAGIN. About one hundred and five thousand square miles.

Mr. DAVIS. Then there are about one hundred times as many acres of land in all as there are acres of arable land?

Mr. CRAGIN. Of course it is well understood that this Territory is largely mountainous; but I am speaking about its agricultural resources. The surveyor general says:

"My predecessor in his last report estimated the number of acres of land capable of cultivation in the Territory at four million acres. It is a fact that all the land that can be irrigated is susceptible of cultivation, and produces well. The mountain streams fall very rapidly, and thus can be carried by irrigating ditches to cover immense quantities of land, and I am led to believe that at least ten million acres of land can be cultivated. The crops last year were good. It was the first year, I am told, that sufficient produce had been raised to supply the demands of the Territory."

Mr. EDMUNDS. Does he give the number of bushels of wheat and corn raised?

Mr. CRAGIN. Ithink not. He continues: "The present year farming is being carried on with success, the grasshoppers, the great dread of the farmer, having done but little damage to the crops. Wheat, oats, barley, corn, potatoes, &c., all look well and promise an abundant yield, and I predict that it will be but a few years until this Territory will produce more than enough to supply her wants."

I propose to refer to two other points as showing the population of this Territory. As I stated the other day, in speaking on this question, in 1864, when the enabling act passed, authorizing this Territory to form a State gov ernment, the receipts of the Post Office Department for postage in that Territory were $16,000. The receipts in 1867 were over thirty-two thousand dollars, more than double what they were in 1864. I adduce these figures as evidence of an increase of population. Mr. EDMUNDS. Was the Army there last year?

Mr. CRAGIN. No, sir. I refer, also, to the receipts of internal revenue. In 1864, at the time the enabling act was passed, the whole amount of internal revenue collected in this

Territory was $41,781 05. In 1867, last year, the amount of internal revenue tax collected from this Territory was $151,686, being more than five times what it was at the time of the passage of the enabling act. This also goes to show a large increase of population.

I desire to say to the Senator from Kentucky, who has been telling us that Montana has a population equal to Colorado, that the evidence is the other way. So far as the receipts from postage and the receipts from internal revenue are concerned they are not one fifth as great as those derived from the Territory of Colorado.

I wish to make this point again, and clearly, to the Senate: that in 1864, when Congress passed the enabling act inviting this Territory into the Union, the receipts from postage in that Territory were only $16,000, and in 1867 they were over thirty-two thousand dollars, more than double-to my mind demonstration conclusive that the population has largely increased. Then there is the further fact, that the internal revenue tax collected last year, when the receipts generally fell off, amounted to $151,000 as compared with $41,000 in 1864— a larger amount of receipts for postage, and also for internal revenue, than was collected from several of the States now in this Union

and represented in this Chamber. The receipts

of one half of all the other Territories in the Union combined did not equal the receipts from Colorado alone.

As I remarked the other day, I am entirely satisfied that there is a population in this Territory of from seventy-five to one hundred thousand. I am entirely satisfied that the resources of this Territory are vast, and rapidly being developed; that the population will increase, and rapidly increase; and I am in favor of the admission of the Territory as a State into the Union. Congress once invited this Territory with two others to come into the Union. The other two have been admitted. There is no reason that prevailed in the case of Nevada or Nebraska which does not equally prevail in the case of Colorado. I believe that the population of this Territory is larger than the population of Nevada to-day, or the population of Nebraska at the time she was admitted. I hope, sir, that Colorado will now be admitted into the Union.

Mr. EDMUNDS. Mr. President, I look upon this as an entirely different question, so far as it relates to this Territory, and as a new question, one over which we have complete jurisdiction, and one in respect to which our decision, and that of the people of that Territory, if they vote to come in, will be final. It cannot be repealed as a law can; if we make a mistake in passing it, there is an end of it.

Mr. POMEROY. I suppose the Senator desires to address the Senate at some length, and if he will give way I will move an executive session.

Mr. EDMUNDS. Yes, sir; I will give way.
Mr. CONNESS. I hope not.

Mr. EDMUNDS. Do not force me to go on at this time.

Mr. CONNESS. The Senator says, "Do not force me to go on at this time." I hope he does not contemplate making a speech on this subject.

Mr. POMEROY. I understand that the Senator from Vermont desires to discuss this matter at some length. He certainly has the right to do so.

Mr. CAMERON. I think we had better adjourn. It is now nearly four o'clock on Saturday afternoon.

Mr. EDMUNDS. I yield for the purpose of an executive session. Mr. POMEROY. I move that the Senate proceed to the consideration of executive business.

Mr. CONNESS. On that motion I call for the yeas and nays.

The yeas and nays were ordered.

Mr. CONNESS. All this day we have wasted.

Mr. EDMUNDS. I object to any debate on this question.

Mr. CONNESS. It is for the Chair to object, not the Senator.

Mr. EDMUNDS. Yes, sir; it is for me to object also.

The Chief Clerk proceeded to call the roll on the motion for an executive session, with the following result:

YEAS-Messrs. Buckalew, Cameron, Cole, Conk

ing, Corbett, Davis, Drake, Edmunds, Fessenden, Hendricks, Howe, Johnson, McCreery, Morgan, Morrill of Maine, Morton, Patterson of New Ilampshire, Pomeroy, Ross, Sprague, Sumner, and Vickers-22.

NAYS-Messrs. Conness, Cragin, Ferry, Frelinghuysen, Harlan, Howard, McDonald, Nye, Ramsey, Stewart, Thayer, Tipton, Trumbull, Wade, Willey, Williams, Wilson, and Yates-18.

ABSENT- Messrs. Anthony, Bayard, Cattell, Chandler, Dixon, Doolittle, Fowler, Grimes, Henderson, Morrill of Vermont, Norton, Patterson of Tennessee, Rice, Saulsbury, Sherman, and Van Winkle-16.

The PRESIDENT pro tempore. Before declaring the result of the vote, the Chair will lay before the Senate certain matters now on the table.

EXECUTIVE COMMUNICATIONS.

The PRESIDENT pro tempore laid before the Senate a letter from the Secretary of War, inclosing a communication from General Stoneman, commanding the first military district, together with the draft of a bill based on the relative to a proposed election to be held therein, which was referred to the Committee on the recommendations of said communication; Judiciary, and ordered to be printed.

He also laid before the Senate a letter of the

Secretary of the Interior, communicating a report of Thomas Murphy, superintendent of tive to affairs in his superintendency; which Indian affairs, central superintendency, relawas referred to the Committee on Indian Affairs.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. CLINTON LLOYD, its Chief Clerk, announced that the House had passed the following bills and joint resolutions, in which it requested the concurrence of the Senate:

A bill (H. R. No. 1027) to authorize the construction of a bridge over the Black river, in Lorain county, Ohio;

A bill (H. R. No. 1322) for the relief of Major F. F. Stevens, assistant paymaster United States Army;

A bill (H. R. No. 1324) for the relief of Mrs. Mary Harris, of Oregon;

A bill (H. R. No. 1825) for the relief of Benjamin B. French, late Commissioner of Public Buildings;

A joint resolution (H. R. No. 312) relative to the pay of the Assistant Librarian of the House;

A joint resolution (H. R. No. 313) respecting treaties hereafter to be made between the United States and the Indian tribes; and

A joint resolution (H. R. No. 314) for the relief of George D. Blakey, late collector of the second district of Kentucky.

The message also announced that the House had passed the following bills of the Senate: A bill (S. No. 367) for the relief of Albert Grant;

A bill (S. No. 452) for the relief of Parker Quince;

A bill (S. No. 474) for the relief of Captain Dan. Ellis; and

A bill (S. No. 251) for the relief of Captain Charles N. Goulding, late quartermaster of volunteers.

ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by the President protempore of the Senate:

A bill (S. No. 367) for the relief of Albert Grant;

A bill (S. R. No. 454) for the relief of Captain Dan. Ellis; and

A bill (S. No. 452) for the relief of Parker Quince.

HOUSE BILLS REFERRED.

The following bills and joint resolutions received from the House of Representatives

were severally read twice by their titles, and referred as indicated below:

A bill (H. R. No. 1027) to authorize the construction of a bridge over the Black river, in Lorain county, Ohio-to the Committee on Post Offices and Post Roads.

A bill (H. R. No. 1322) for the relief of Major F. F. Stevens, assistant paymaster United States Army-to the Committee on Claims.

A bill (H. R. No. 1824) for the relief of Mrs. Mary Harris, of Oregon-to the Committee on Claims.

A bill (H. R. No. 1325) for the relief of Benjamin B. French, late Commissioner of Public Buildings-to the Committee on Public Buildings and Grounds.

A joint resolution (H. R. No. 313) respecting treaties hereafter to be made between the United States and the Indian tribes-to the Committee on Indian Affairs.

A joint resolution (H. R. No. 314) for the relief of George D. Blakey, late collector of the second district of Kentucky-to the Committee on Claims.

ASSISTANT LIBRARIAN OF THE HOUSE.

The joint resolution (H. R. No. 312) relative to the pay of the Assistant Librarian of the House was read twice by its title.

Mr. MORRILL, of Maine. I ask the Senate to hear a statement, and by unanimous consent to allow that resolution to pass at the present time. It is to give execution to a resolution of the House.

Mr. EDMUNDS. If we are not going into executive session, I want to go on with my remarks.

Mr. MORRILL, of Maine. the resolution lie on the table. again.

LEAVE OF ABSENCE.

Very well; let I will call it up

Mr. STEWART. I ask leave of absence for Mr. RICE, of Arkansas. I should like to have the leave of absence extended from the 23d of this month to the 10th of July. He was necessarily called away.

Leave was granted.

REPORTS FROM COMMITTEES.

Mr. MORRILL, of Maine, from the Com mittee on Appropriations, to whom was referred the bill (H. R. No. 1073) making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1869, reported it with amendments.

Mr. SPRAGUE, from the Committee on Commerce, to whom was referred the bill (S. No. 573) to provide for a life boat to be stationed on Narragansett beach, Rhode Island, reported it without amendment.

AMENDMENT TO APPROPRIATION BILL.

Mr. SPRAGUE submitted an amendment intended to be proposed to the bill (H. R. No. 818) making appropriations for sundry civil expenses of the Government for the year ending June 30. 1869, and for other purposes; which was referred to the Committee on Appropriations.

PRINTING OF A DOCUMENT.

Mr. RAMSEY submitted the following resolution; which was referred to the Committee on Printing:

Resolved, That five thousand additional copies of Executive Document No. 240, H. R., parts one and two, be printed for the use of the Senate.

EXHIBITION OF STEAM-PLOW.

Mr. SPRAGUE submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Committee on Agriculture inquire into the expediency of procuring the best steamplow and apparatus for exhibition on grounds of the Department of Agriculture.

EXECUTIVE SESSION.

The Senate thereupon proceeded to the consideration of executive business; and, after some time spent therein, the doors were reopened, and the Senate adjourned.

HOUSE OF REPRESENTATIVES.
SATURDAY, June 27, 1868.

The House met at twelve o'clock m. Prayer by Rev. A. L. LINDSLEY, of South Salem, New York.

The Journal of yesterday was read and approved.

PAY OF ASSISTANT LIBRARIAN.

Mr. BLAINE. A resolution in regard to the pay of the Assistant Librarian in charge of the Hall Library, was passed yesterday, by mistake, as a simple House resolution. I ask unanimous consent that it be considered as a

joint resolution, and sent to the Senate for

action.

No objection was made; and accordingly, by unanimous consent, the joint resolution (II. R. No. 312) in relation to the pay of the Assistant Librarian of the House was read a first, sec ond, and third time, and passed.

PAYMENT OF BOUNTIES.

The SPEAKER, by unanimous consent, laid before the House a communication from the Secretary of War, transmitting, in compliance with the resolutions of the House of Representatives of the 15th and the 22d instant, a report from the Paymaster General as to the number of bounties paid under the act of July 28, 1866, since the 1st of July last; which was referred to the Committee on Military Affairs, and ordered to be printed.

OFFICERS IN QUARTERMASTER'S DEPARTMENT. The SPEAKER also, by unanimous consent, laid before the House a communication from the Secretary of War, concurring in the recommendation of the Quartermaster General and the General of the Army, relative to majors and

captains in the quartermaster's department, for the repeal of the act of July 28, 1866, reducing the number of said officers; which was referred to the Committee on Military Affairs, and ordered to be printed.

OBSTRUCTIONS IN DELAWARE RIVER.

The SPEAKER also, by unanimous consent, laid before the House a communication from the Secretary of War, transmitting a petition from the Board of Marine Underwriters, &c., of Philadelphia, with a report by the chief of engineers, for an appropriation of $6,000 for the removal of certain obstructions in the Delaware river; which was referred to the Committee on Commerce, and ordered to be printed.

LIGHT-HOUSE AT BLACKROCK, CONNECTICUT.

The SPEAKER also, by unanimous consent, laid before the House a communication from the Secretary of the Treasury, transmitting a letter from the Light-House Board, relative to a light-house at Blackrock, Connecticut, recommending its erection; which was referred to the Committee on Commerce, and ordered to be printed.

SARAH A. BRIGGS.

Mr. PAINE, by unanimous consent, introduced a bill (H. R. No. 1316) granting a pension to Sarah A. Briggs; which was read a first and second time, and referred to the Committee on Invalid Pensions.

E. R. CAINE.

Mr. PAINE also, by unanimous consent, introduced a bill (H. R. No. 1317) granting a pension to E. R. Caine; which was read a first and second time, and referred to the Committee on Invalid Pensions.

LEAVE OF ABSENCE.

Mr. JUDD. I desire to say that I have received a letter from my colleague, [Mr. The PRESIDENT pro tempore. On the Cook,] saying that he is too unwell to return question of going into executive session the at the time he had expected. I ask an extenyeas are 22, and the nays 18; so the motion ission of his leave of absence for four days. agreed to.

Leave was granted.

The SPEAKER. The gentleman from New York [Mr. TABER] has been called home by sickness in his family. He desired the Chair to ask indefinite leave of absence for him. Leave was granted.

The SPEAKER also asked and obtained indefinite leave of absence for Mr. McCORMICK. TREATIES WITH INDIAN TRIBES.

Mr. JULIAN, by unanimous consent, introduced a joint resolution (H. R. No. 313) respecting treaties hereafter to be made between the United States and the Indian tribes; which was read a first and second time.

Mr. JULIAN. I desire that this resolution shall be considered at the present time.

The joint resolution, which was read, recites in the preamble that sundry treaties between the United States and different Indian tribes have heretofore been concluded, by virtue of which large bodies of land have been transferred to individuals and corporations in contravention of the spirit and policy of the preemption and homestead laws of the United States; and that the lands now known as Indian reservations, on the extinguishment of the Indian title thereto, should become the property of the United States and a part of the public domain thereof, and cannot rightfully be disposed of otherwise. The joint resolution therefore provides that in any treaty which may hereafter be concluded between the United States and any Indian tribe, by which the title of such tribe to their lands shall be divested, the same shall be conveyed directly to the United States, and shall thenceforward be subject to the authority of Congress in the same manner as all other public lands.

The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. JULIAN moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be

laid on the table.

The latter motion was agreed to.

REBECCA J. SHEPPARD.

Mr. MYERS, by unanimous consent, introduced a bill (H. R. No. 1318) authorizing the Secretary of the Treasury to issue a new bond to Rebecca J. Sheppard, of Philadelphia, in place of one destroyed by fire; which was read a first and second time.

bill to the Committee of Ways and Means.

Mr. MYERS. I ask the reference of the

Mr. HOLMAN. I think this bill should be referred to the Committee of Claims, that committee having a number of similar cases under consideration. It is proper that some uniform rule should be applied in these cases.

Mr. MYERS. This bill appropriately belongs to the Committee of Ways and Means. It has heretofore been considered by that committee and passed by the House, but the Senate failed to pass it.

Mr. HOLMAN. I will not insist on the reference of the bill to the Committee of Claims, though I think that is the proper refer

ênce.

The bill was referred to the Committee of Ways and Means.

Mr. HOLMAN moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

CAPTAIN DAN. ELLIS.

the same committee, reported back Senate bill Mr. WASHBURN, of Massachusetts, from No. 474, for the relief of Captain Dan. Ellis, with the recommendation that it be passed.

The bill was read at length. It appropriates the sum of $3,060 to Captain Dan. Ellis, of Carter county, in the State of Tennessee, in compensation for his services as scout, pilot, and recruiting agent, volunteered in the cause of the Government from 1861 to 1865, during the late war.

The bill was ordered to a third reading; and

it was accordingly read the third time, and passed.

Mr. WASHBURN, of Massachusetts, moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

PARKER QUINCE.

Mr. WASHBURN, of Massachusetts, from the same committee, reported back Senate bill No. 452, for the relief of Parker Quince, with the recommendation that it do pass.

The bill was read. It authorizes and directs the Secretary of the Treasury to allow to Parker Quince, in the settlement of his accounts with the Government, $1,608 97, for his salary as collector of customs for the port of Wilmington, North Carolina, and acting collector of internal revenue from September 13, 1865, to May 14, 1866, in addition to the sums already paid him for salary for that period.

The bill was ordered to a third reading; and it was accordingly read the third time, and passed.

Mr. WASHBURN, of Massachusetts, moved to reconsider the vote by which the bill was passed and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

GOLDSMITH BROTHERS.

Mr. WASHBURN, of Massachusetts, from the same committee, reported back adversely Senate bill No. 151, for the relief of Goldsmith Brothers, of the cities of San Francisco, California, and Portland, Oregon, brokers; and the same was laid on the table.

Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bill was laid on the table; and also moved that the motion

to reconsider be laid on the table.

The latter motion was agreed to.

JAMES HOOPER.

Mr. WASHBURN, of Massachusetts, from the same committee, reported back Senate bill No. 436, for the relief of James Hooper, with the recommendation that it do pass.

The bill was read. It directs the Secretary of the Treasury to pay to James Hooper the sum of $16,000, being the value of his vessel, the bark General Berry, which was captured and destroyed at sea on the 9th day of July, 1864, while in the military service of the United States, by the rebel steamer Florida.

Mr. HOLMAN. That bill should go to the Committee of the Whole House, as it makes an appropriation. I think it should have its first consideration in Committee of the Whole.

The SPEAKER. The gentleman makes the point of order that this bill, makng an appropriation, it must have its first consideration in Committee of the Whole. The Chair sustains the point of order. It will, therefore, be referred to the Committee of the Whole House on the Private Calendar.

ALBERT GRANT.

Mr. WASHBURN, of Massachusetts, from the same committee, reported back Senate bill No. 367, for the relief of Albert Grant, with the recommendation that it do pass.

The bill was read. It appropriates $30,000 to Albert Grant, in full satisfaction of all demands against the United States on account of the construction of buildings numbered twenty-nine, thirty, and thirty-one, at the Norfolk navy-yard, by Albert Grant and H. A. Pierce, who were partners, doing business under the name and style of A. Grant & Co. Mr. BENJAMIN. That makes an appropriation, and should have its first consideration in the Committee of the Whole House.

The SPEAKER. It does make an appropriation, and it insisted on must go to the Committee of the Whole.

Mr. BUTLER, of Massachusetts. I move that it be referred to the Committee on Appropriations.

Mr. COBB. I do not see why it should be referred to that committee.

40TH CONG. 2D SESS.--No. 223.

Mr. BENJAMIN. I withdraw my point of order.

The SPEAKER. The question is on the third reading of the bill.

Mr. BUTLER, of Massachusetts. I renew the point of order.

Mr. WASHBURN, of Massachusetts. Does not the renewal come too late?

The SPEAKER. The motion to refer to the Committee on Appropriations covered the point of order.

Mr. WASHBURNE, of Illinois. Let us have the question stated.

The SPEAKER. The Chair will state the condition of the bill. When it was reported the gentleman from Missouri made the point of order that it contained an appropriation and must have its first consideration in the Committee of the Whole House. The gentleman from Massachusetts moved at the same time that it be referred to the Committee on Appropriations. The gentleman from Missouri then withdrew his point of order, and the gentleman from Massachusetts stated that he intended his motion to cover the point of order. The Chair thereupon entertained the point of order.

Mr. WASHBURN, of Massachusetts. I submit to the House whether these bills should all go to the Committee of the Whole.

Mr. COBB. I rise to a point of order. The gentleman from Massachusetts [Mr. WASHBURN] was on the floor. Of course the gentle. man from Missouri [Mr. BENJAMIN] could make his point of order, but the gentleman from Massachusetts [Mr. WASHBURN] did not yield to his colleague to make the motion to refer to the Committee on Appropriations.

The SPEAKER. The Chair overrules the point of order on the ground that when the point of order is made that a bill contains an appropriation it is in order for any member to move its reference to any other committee than the Committee of the Whole. That motion was made by the gentleman from Massachu

setts.

The only doubt the Chair has is whether that motion to refer to the Committee on Appropriations should not stand instead of the objection to its consideration in the House.

Mr. COBB. I am satisfied with the ruling, but

The SPEAKER. The Chair will rule that the gentleman from Massachusetts, having made a motion to refer to the Committee on Appropriations, that motion must stand; and if rejected, the point of order comes too late.

Mr. WASHBURN, of Massachusetts. Let me say that the Committee of Claims have no particular interest in this matter. The committee have spent considerable time in examining this bill, which has passed the Senate by the unanimous recommendation of the Committee of Claims there, and have reported it to the House without a dissenting voice. Now, if it is the desire of the House to refer all the bills that the Committee of Claims have reported to the Committee on Appropriations, then I have nothing to do but to submit. But there is no reason why this bill should be referred any more than others that we have examined, and unless there is some special reason given for its reference I trust it will not be referred. I would like to hear my colleague state any reason he may have for its reference.

Mr. BUTLER, of Massachusetts. The reason why I named the Committee on Appropriations was that the bill contains an appropriation of money. I do not desire to make any opposition to it. The Committee on Appropriations can report at any time, whereas the bill might be lost if it is referred to the Committee of the Whole.

Mr. BLAINE. The Committee on Appropriations can report at any time only for reference, not for action.

Mr. WASHBURNE, of Illinois. They cannot report private bills at any time.

I

Mr. WASHBURN, of Massachusetts. only wish to state that the reason my colleague assigns applies to every bill reported from our committee. I do not know that there is a bill that we report which does not contain a greater

or less amount of appropriation, and he has stated that there is no reason for the reference of this bill except that it contains an appropriation. I do not wish to take up any further time, and therefore I move the previous question. If my

Mr. BUTLER, of Massachusetts. colleague says he has examined this case, and knows it is right, I have so much confidence in him that I withdraw my objection.

The bill was ordered to be read a third time; and it was accordingly read the third time, and passed.

Mr. WASHBURN, of Massachusetts, moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

ABEDNEGO B. ROWDEN.

Mr. WASHBURN, of Massachusetts, from the same committee, reported a bill (H. R. No. 1319) for the relief of Abednego B. Rowden, late second lieutenant eleventh Tennessee cavalry; which was read a first and second time.

The bill directs that there be paid to the applicant the pay of second lieutenant from August 31, 1863, to December 5, 1864, deducting such sum as may have been paid him in a lower grade of military service for that period, he having performed the service after promotion, but, having been captured in the line of duty and imprisoned, he failed to be mustered in.

Mr. GARFIELD. I would like to ask the gentleman whether the general bill which was reported from the Committee on Military Affairs the other day and printed will not cover this

case?

Mr. WASHBURN, of Massachusetts. Well, Mr. Speaker, I do not know. I will state to the House the action of the Committee of Claims on this case, and another which we have like it, and if it is covered by the general bill referred to by the gentleman we shall not ask its passage. It is a case in which an officer of the Army was commissioned to a higher rank, and his commission was sent to him, but before he was mustered in under that commission to the higher rank he was taken prisoner and lay in a rebel prison for several months. He was afterward released and returned to his regiment and was mustered in, dating from the time he returned. Under these circumstances the committee thought it was not fair that because of his misfortune in being taken prisoner he should lose his pay for the rank which he would have filled if he had not been taken prisoner.

Mr. GARFIELD. If the gentleman will allow me, I will state in a few sentences the provisions of the general bill which the Committee on Military Affairs have prepared and are only waiting to be called to report, and the gentleman can see if it covers this case.

Mr. WASHBURN, of Massachusetts. Well, if there is no objection to this bill, let it pass. Mr. GARFIELD. I will say that there are fifty or sixty of these cases before the Committee on Military Affairs, and we concluded to draw up a general bill very carefully to cover such cases as ought to be covered rather than to pass special bills. We have drawn up a bill to this effect: that a commission shall be considered to have been received when it reached the headquarters of the regiment or corps in which he was serving, and if he was on the duty of the rank to which he was commissioned at the time the commission was received and was captured and taken away he shall be mustered in as of the date when the commission was received at headquarters. I think that perfectly covers these cases, and I hope the gentleman will let this bill lie over until action can be had on the general bill. Mr. WASHBURN, of Massachusetts. I will ask that the bill be recommitted to the Committee of Claims, with the privilege of reporting it back at any time.

Mr. GARFIELD. I hope that will be done,

and then if our bill does not cover this case the gentleman can report the bill back.

There was no objection; and the bill was recommitted to the Committee of Claims, with leave to report it back at any time.

Mr. HOLMAN. I have a bill of the same character for the relief of Charles C. McCreary. I ask that it be placed on the same footing.

There was no objection, and leave was given to the committee to report the bill at any time.

MERCHANT AND ROSECRANZ.

Mr. WASHBURN, of Massachusetts, from the Committee of Claims, reported a bill (H. R. No. 1320) for the relief of L. Merchant & Co. and Peter Rosecranz; which was read a first and second time.

The bill was read. It proposes to direct the Secretary of the Treasury to pay to Leander Merchant, of the firm of L. Merchant & Co., the sum of $109,412 81 for certain cotton, the property of said firm, taken erroneously and without due authority by agents of the United States, the civil and military authorities at Mobile, Alabama, in the month of April, 1865, shipped to New York, sold by the United States, and the proceeds thereof paid into the Treasury, the charges and expenses of the United States having been deducted therefrom. It proposes further to direct the Secretary of the Treasury to pay Peter Rosecranz the sum of $39,253 10, the proceeds of the sale of forty-one bales of cotton, the private property of said Rosecranz, taken, sold, and appropriated at the same time and place and in the same manner, the charges and expenses of the United States having likewise been deducted therefrom.

Mr. BENJAMIN. I make the point of order on that bill that it makes an appropriation.

The SPEAKER. The bill contains an appropriation, and must have its first consideration in Committee of the Whole House.

The bill was referred to a Committee of the Whole House, and ordered to be printed.

RELIEF OF GOVERNMENT CONTRACTORS.

Mr. WASHBURN of Masaechusetts, from the Committee of Claims, also reported back, with a recommendation that the same do pass, Senate bill No. 307, for the relief of certain Government contractors.

The bill was read at length. Mr. MAYNARD. I raise the point of order that this is an appropriation bill, and must, under the rule, receive its first consideration in Committee of the Whole.

Mr. WASHBURN of Massachusetts. I wish the gentleman would withdraw his point of order for a moment until I can make a statement in regard to this bill.

Mr. MAYNARD. I am perfectly willing that the gentleman should make his statement; but I would suggest to him that he will be merely consuming so much of his morning hour.

Mr. VAN WYCK. I will renew the point of order, no matter what explanation may be

made.

The

Mr. WASHBURN of Massachusetts. House will understand that if this bill is referred to the Committee of the Whole it will be laid up for this session, as it is not likely that it can be reached.

Mr. VAN WYCK. I think it ought to be laid up for this session; I think that would be the proper disposition of it.

Mr. MAYNARD. There is but little on the Private Calendar, and we can soon dispose of the matters there.

The bill was accordingly referred to the Committee of the Whole on the Private Calendar, and ordered to be printed.

CHARLES N. GOULDING.

Mr. COBB, from the Committee of Claims, reported back Senate bill No. 251, for the relief of Charles N. Goulding, late quartermaster of volunteers, with a recommendation that the same do pass.

The question was upon ordering the bill to be read a third time.

The bill authorizes the proper accounting

officers of the Treasury to allow and place to the credit of Charles N. Goulding, late captain and assistant quartermaster, in the final settlement of his accounts as such officer, such amounts and sums as he shall satisfactorily prove to have been captured, either in money or vouchers, by the enemy in the month of August, 1862, while on duty in the army of Virginia, under Major General John Pope; provided that no greater amount for losses shall so be passed to his credit than the balance now appearing against him on the books of the Government.

Mr. WASHBURNE, of Illinois. I hope the report will be read.

Mr. COBB. There is no report in this case. Mr. WASHBURNE, of Illinois. I hope the gentleman will make some explanation of this bill.

Mr. COBB. I will state for the information of the gentleman from Illinois [Mr. WASHBURNE] and of the House, that this gentleman, Charles N. Goulding, was first chief quartermaster under General Rosecrans; then chief quartermaster under General Frémont, and afterward chief quartermaster under General Pope. During the time he was serving in these several capacities he paid out, under competent authority, for the purchase of forage, horses, &c., $108,162 44, for which he took the proper and necessary vouchers. He had these vouchers with him in his safe on the 22d of August, 1862, at Catlett's Station, Virginia, when the headquarter's train, including the quartermaster himself, his safe, and all the property, public and private, in the safe, was captured by the rebel General Stuart. In the safe, besides the vouchers for the amount I have

named, were Government funds to the amount of $4,844 57. These vouchers were for property for which money was paid, the property having been turned over to other officers, and has been accounted for in their returns. Mr. WASHBURNE, of Illinois. bill include the $4,000 in money?

Does this

Mr. COBB. It was in his safe, and was taken out by the rebel Stuart, as is fully proved by witnesses.

Mr. WASHBURNE, of Illinois. Is not that establishing the principle of paying for money captured by the rebels?

Mr. COBB. I do not know that that question was ever raised where proof of the capture was clear and conclusive.

Mr. PAINE. I do not understand that this money was the private property of the officer. Mr. COBB. By no means; it was Government funds.

Mr. PAINE. Then it does not come under the objection made by the gentleman from Illinois, [Mr. WASHBURNE.]

Mr. COBB. These charges are made to the debit of this officer on the books of the Government. In addition to these vouchers there was captured a large amount of Government property, for which this officer was responsible. The Department has allowed for the Govern ment property, but the money and money vouchers cannot be allowed.

Mr. WASHBURNE, of Illinois. I am sorry the gentleman from Wisconsin [Mr. COBB] has not put his explanation in the shape of a report to go upon the records of the House. I think in all these cases there should be a written report setting out fully the principle upon which the claims are allowed.

Mr. COBB. I assure the gentleman that the Committee of Claims are not inclined to be very liberal in allowing claims.

Mr. WASHBURNE, of Illinois. It is unnecessary for me to say that I have the utmost confidence in the Committee of Claims; but I think the suggestion I make is one worthy of being entertained by that committee.

Mr. COBB. I have no doubt it will be considered by them.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. COBB moved to reconsider the vote | by which the bill was passed; and also moved

that the motion to reconsider be laid on the table.

The latter motion was agreed to.

GEORGE D. BLAKEY.

Mr. COBB, from the Committee of Claims, reported a joint resolution (H. R. No. 314) for the relief of George D. Blakey, late collector of the second district of Kentucky; which was read a first and second time.

The joint resolution authorizes and directs the Secretary of the Treasury to credit George D. Blakey, late collector of internal revenue for the second district of Kentucky, with such sums of money, not exceeding $1,445, as shall appear from evidence to be submitted to the proper accounting officers to have been taken by robbery by armed bands of rebel guerrillas from Elias Dunbar and Dory Nell, deputy colleetors for Blakey in the counties of Russell and Monroe, in the months of February and April, 1865.

The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. COBB moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

SUSAN CARSON.

Mr. BAKER, by unanimous consent, introduced a bill (H. R. No. 1321) granting a pension to Mrs. Susan Carson; which was read a first and second time, and referred, with the accompanying papers, to the Committee on Invalid Pensions.

MAJOR F. F. STEVENS.

Mr. HARDING, from the Committee of Claims, reported a bill (H. R. No. 1322) for the relief of Major F. F. Stevens, assistant paymaster United States Army, Wisconsin volunteers; which was read a first and second time.

The bill provides that the proper accounting officers of the Paymaster General's office and the Treasury Department, in the settlement of the accounts of Major F. F. Stevens, late an assistant paymaster of the United States Army, credit him with $3,078 63, as of the 1st of April, 1867, that amount of money being in his hands on that day and lost by the burning of the steamer Alabama on the Mississippi river; provided that in the opinion of the accounting officers the allowance should be made.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. HARDING moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

WALTER D. PLOWDEN.

Mr. HARDING, from the Committee of Claims, reported a bill (H. R. No. 1323) for the relief of Walter D. Plowden; which was read a first and second time.

The bill directs the proper officers of the War and Treasury Departments to allow and pay to Walter D. Plowden $1,000 for services as a scout spy, and in consideration of his long confinement in rebel prisons for being a Union man.

Mr. HOLMAN. I suggest that the bill be modified by striking out the words "proper officers of the War and Treasury Departments' and inserting "Secretary of the Treasury."

Mr. HARDING. I have no objection to that. I yield for three minutes to the gentleman from Tennessee.

Mr. HAWKINS. An examination of this case reveals this state of facts: this man went into the Army, not into the service of the Uni ted States, but as the servant of an officer, and, after remaining in the service of that officer for some time, and with other officers in the

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