Εικόνες σελίδας
Ηλεκτρ. έκδοση

our files.

choked up;

He says:

with valuable cargoes have been sụnk this fall at the || mine the other day for a harbor in my district, Mr. GRISWOLD. Mr. Speaker
very entrance, which, it is most probable, would have
on his own responsibility?

The SPEAKER, Debate is exhausted on got in safely had this proposed pier been built."

Mr. VAN HORN, of New York. I will say, the amendmeut. Mr. POMEROY. The losses last year were in answer to the gentleman, that I introduced The question was then taken on the amend. twenty times what is asked to continue this a resolution here at the beginning of the session ment of Mr. GRISWOLD; and upon a division extension of the west pier, which is absolutely calling on the Secretary of War for informa there were-ayes 41, noes 40; no quorum necessary if the harbor is to be entered with

tion with reference to this harbor, and the pro voting any safety. I have seen there myself in a priety of making an appropriation for it, and Tellers were ordered ; and Mr. GriswOLD storm a single vessel come in when people that there is an answer to that resolution on and Mr. Eliot were appointed. would be out by the thousand watching it with

The House again divided ; and the tellers as much anxiety as they would watch a runaway Mr. WASHBURNE, of Illinois. Will my reported that there were-ayes 49, noes 49. thief on the street.

friend vote for the omnibus bill if his amend The SPEAKER. The Chair votes in the [Here the hammer fell.] ment is put in ?

affirmative, and the amendment is accordingly Mr. ELIOT. I move pro forma to strike out Mr. VAN HORN, of New York. What do agreed to. "$60,000' and insert " $55,000." I do it not you mean by the ó omnibus bill?"

Mr. PILE. I desire to give notice that I only for the purpose of drawing attention to this Mr. WASHBURNE, of Illinois. This bill. shall call for a separate vote on this item. proposition but to the one previously offered Mr. VAN HORN, of New York. Certainly The SPEAKER. Upon the engrossment by the gentleman from New York, [Mr. VAN I shall vote for it. I am in favor of appropri

of the bill any member can call for a separate AERNAM.] In point of fact the committee some ations for these purposes.

vote upon each paragraph or item of the bill. time ago took, under the direction of the House, Mr. WELKER. I have not had an oppor

The next clause was rea as follows: the judgment of the Bureau of Engineers as to tunity of reading the report the gentleman For improvement of harbor at Burlington, Verthe lowest amount that could probably be called speaks of, and I want to know whether it rec mont, $10,000. for at this time in view of the present condition ommends such an appropriation as this?

Mr. BAKER. I move to amend by insert. of the works under the charge of that bureau. Mr. VAN HORN, of New York. It does; an ing after the clause just read • for improveIt so happened that in regard to the place of appropriation of $50,000.

ment of harbor at Alton, Illinois, $56,000." which the gentleman from New York (Mr. VAN Mr. 'WELKER. Then why did not you ask I will explain briefly the grounds upon which AERNAM] spoke, the report of the engineer ) for that?

I rest this amendment. I offer it upon its own was that nothing was wanted this year, and Mr. VAN HORN, of New York. Because merits, without any connection or combination of course in the bill of the committee there the committee would not give it.

whatever with any other appropriations in the was no appropriation made for that purpose. Mr. EGGLESTON. I move to amend the bill. I make no question but what it is as By subsequent information from the War De. amendment by increasing the amount $200, meritorious, as just, and as proper as various partment it turned out that they were under a for the purpose of saying a word. If this sub items of appropriation contained in this bill. misapprehension, and they satisfied the com ject had been presented to the sub-committee

In consequence of obstructions in the Mismittee that, instead of no appropriation being of the Committee on Commerce, at the time sissippi river a process is going on, and has proper the one which was called for ought to we looked over the other reports, we would proceeded already to a very great extent, by be made, and it has now been put in the bill. have undoubtedly recommended this appropri which the entire harbor of Alton is being Now, in regard to this appropriation, I am ation to the general committee. I am there

Major H. C. Long has made a sorry that it has been brought to the attention fore authorized to say in behalf of the majority report, under the direction of the Secretary of the House, because I do not want to appear of the committee-of all of the committee, of War, brief extracts from which I will read, in the position of one who admits an appro save one-that this appropriation should be and which will indicate the nature of the priation to be enlarged. And I do not pro made. It has been recommended, as has been difficulty. pose to assent to it; but I do propose to state stated by the gentleman from New York, and “Very serious apprehensions are entertained by what the facts are that influenced the commit I believe it should be made. I shall cheerfully persons competent to give an opinion in such mattee in making up this bill and reducing the vote for it. I now withdraw the amendment

ters, who have watched the operations of the Mis

sissippi in the vicinity of Alton for several years estimate from the War Department. Gentle to the amendment.

past, that at any of the annual floods such changes men who will turn to the report will find that The question was taken on the amendment in the current and general course of the river may $60,000 was asked for for Oswego, New York; proposed by Mr. Van Horn, of New York,

take place as to entirely prevent steainboats from

approaching the landing during ordinary and lowbut on examining the reports that were sub and it was agreed to.

water stages at least two thirds of the year, thus mitted to us from the War Deportment, and

The following was read :

greatly injuring the commerce and consequent pros

perity of the city.' making up estimates from them, we found that

For improvement of Plattsburg laarbor, New York, * The dry bar A A (referring to a diagram pubthe sum of $12,000, and a further sum of $10,000.

lished with the report) is about five thousand feet $25,000, making $37,000, should be applied,

Mr. GRISWOLD. I move to amend by long by fifteen bundred feet in width, and nearly and not $60,000. The committee accordingly inserting the following after the paragraph just

overlaps the head of the island below. It has been

gradually working down stream, and it is feared that reduced the amount from $60,000 to that now read:

a connection will be formed with the island, and the in the bill--$37,000. Reports from the en

water making its way behind both, the main body of For improvement of harbor at Whitehall, New

the river and low-water channel will be permanently gineer department, which were subsequently York, $10,000.

changed to the Missouri shore, the bar forced over furnished to the committee, showed that the I offer that amendment because the harbor

toward Alton, and the city absolutely blockaded." amount called for, $60,000, was the lowest at Whitehall is, perhaps, as deserving of con

* This bar (BB) is encroaching rapidly upon the sum which, under the circumstances, in view sideration in an appropriation bill of this kind

city landing, extending along its front and connectof the wants of the port of Oswego, ought to as almost any harbor mentioned in the bill. It ing with the main Illinois shore, until it has monopbe appropriated. The gentlemen from New is at the head of Lake Champlain, through

olized three fourths of the levce, entirely obstructing

the low-water harbor for that distance.' York (Mr. POMEROY] has therefore proposed which passes all the cominerce between the the amendment, and although I do not assent Canadas and New York which passes along

These extracts will indicate pretty exactly to it, yet I have stated the facts to the House Lake Champlain and the Hudson river; and

the state of the harbor. To remedy this ditin order that they may see what the case is, it will compare in importance with the major

ficulty he proposes the following plan: and that the amendment ought, in point of || ity of the harbors included in this bill. It is

“The proposed remedy is a stone dike across the

head of the slough, near the upper end of Ellis's fact, to have been originally $60,000, and not eminently entitled to consideration, and I hope

Island-the situation of the proposed diko is shown $37,000. I withdraw the amendment to the the amendment will be adopted.

on the sketch-and a wing-dam or breakwater at the amendment.

Mr. ELIOT. I rise to oppose the amend.

head of the dry bar AA. The exact location of this The question was taken on Mr. POMEROY'S

work to be determined by the United States engiment. In doing so I must say that while I

ncer at the time of constructing them, and also the amendment, and it was agreed to.

have no doubt that all the gentleman has said height which it is necessary to raise them. Mr. VAN HORN, of New York. I offer the of the point named in his amendment is cor

"It is believed that the combined action of these following amendment to come in at the end of

structures, by throwing the river over against and line eighty: rect, yet the Committee on Commerce, after all

along tho Illinois shore, will give a sufficient depth that was stated by him, did not find that they of water at all seasons of the year, and wash away For the improvement of the harbor of Wilson, could with propriety give the appropriation

the sand bar BB below the city, and from the strong Niagara county, New York, $10,000.

and direct current thus produced have a tendency which he calls for. It is one of those cases

to nodify the extensive abrasion going on opposite I will only say a word in favor of that amend which have not been so much under the exam. the mouth of the Missouri. ment. I had not an opportunity at the proper ination of the War Department, and about "At the locality last mentioned the Mississippi is time to present the amendment before the Com.

rapidly encroaching on the American bottom, and which such surveys and recommendations have

working its way into a succession of lakes and baymittee on Commerce. I have, however, con not been inade, as to bring it within the rule ous-old beds of the river--to such an extent that sulted with the committee and with the sub-com- 1 adopted by the committee. Therefore, although

fears are entertained that the river will again purmittee, and all the members of the committee, I the committee would have been glad to have

sue its course along the Illinois bluffs, and forsake

its present channel in front of St. Louis." believe, except the gentleman from Illinois, acknowledged the correctness of what the gen[Mr. WASHBURNE,] \have consented to this

The cost of this dike is estimated at $112,000. tleman bas said, yet the case does not come amendment, I therefore introduce it with the within the rule prescribed, and it has therefore

I bave offered an amendment asking for just approbation of the committee, and I hope it been omitted by them. This appropriation bill

half the amount, assuming that the citizens of will be adopted.

would have been doubled at least if the com Alton will supply the balance. In recommendMr. WELKER. I would inquire of the mittee had not with all the power they possessed ing the appropriation Major Long says: gentleman whether any one has recommended kept it within such limits as seemed to them

"I am not aware that Government assistance of

this or any other sort has ever been extended to an appropriation to improve this harbor, or proper, in view of the imperative demands of

Alton, although for many reasons, arising from her whether he makes the application, as I did the commerce of the country.

geographical position, she may be entitled to it more

[ocr errors]
[ocr errors]

bare e

[ocr errors]
[ocr errors]
[ocr errors]


[ocr errors]

than other cities of greater pretensions, who claim tions I have named the importance of having


REPORTS OF COMMITTEES. and receive it.

Senato “Alton lies on the left bank of the Mississippi this bill proceed upon a uniform and consistent Mr. EDMUNDS. I am instructed by the

Las 10 river, about twenty-five miles above St. Louis, and principle and the necessity of keeping the ap Committee on the Judiciary, to whom was three miles above the mouth of the Missouri river. propriations within proper bounds--the gentle. It contains nearly sixteen thousand inhabitants.

referred the joint resolution (S. R. No. 139) The importance of the city trade and commerce may

man's proposition would, I doubt not, have | excluding from the Electoral College votes of be understood by a reference to the report of Messrs. received more favorable consideration from the

the bi

States lately in rebellion which shall not have Dobelbower and Frick, the committee appointed by committee.

the S But there is nothingin this bill to the Board of Trade to procure statistics of the busi

been reorganized, to report the same back pess of Alton for 1867, from which it appears that the justify this amendment. It has no such claim

with an amendment and recommendation that business of the city for that period amounted to to our approval as the appropriations contained

to be

it be adopted. I shall ask the Senate to take $12.673,734, and that the revenue collected and paid to the United States during the year was $180,000.

in the bill. I hope, therefore, that the House it up and consider it to morrow. (See report of committee, Appendix B.) will not adopt it.

Mr. HOWARD, from the Committee on bird " While reserving to myself the privilege of a more Mr. CARY. I move that the House now extended treatment of the subject, and perhaps dif- adjourn.

Military Affairs and the Militia, to whom was ferent opinions relative to the causes opera ing to produce the results complained of, after careful and

The motion was agreed to; and the House | Freedmen’s Bureau and providing for its dis

referred the bill (S. No. 567) relating to the comprehensive surveys I have no hesitation, in view (at four o'clock and forty minutes p. m.) continuance, reported it without amendment. of the necessity of some determined action, in sec adjourned, onding the wishes of the citizens of Alton, by recom

Mr. POMEROY, from the Committee on mending tho diko at the head of Ellis's Island as

Public Lands, to whom was referred the bill promising speedy and present relief sufficient for all practical purposes, and as an experiment that will


(H. R. No. 394) confirming title to Little Rock be of value as a precedent in settling the many vexod The following petitions, &c., were presented

Îsland, in the Mississippi river, reported it

Open questions relative to works of this character now agitating the public." under the rule, and referred to the appropriate

without amendment. General Warren approves the report of Major

He also, from the same committee, to whom committees : Long. I will simply add that this is an im

By Mr. EGGLESTON: The petition of

was referred the bill (S. No. 415) to create provement similar in principle to the improve. Andrew Althausen and others, workmen in the

an additional land district in the Territory of
ments of some harbors upon the shores of our
manufacture of chemicals at Cincinnati, Ohio, Dakota, to be.called the Pembina district

representing that the depression of the manu.
reported adversely thereon.

Senat lakes, as for instance that at Oswego, where a facturing industry of the country affects disas

He also, from the same committee, reported Tb pier is constructed for the purpose of deflect.

a joint resolution (S. R. No. 152) to extend ing the action of the water and preventing the trously every form of production and business, and must reduce the revenues and endanger

the time for the completion of the West Wissand from choking up the harbor. Here in this case a dike is proposed for the purpose the credit of the Government, and praying for

consin railroad; which was read, and passed to of deflecting the action of the water and presuch increase of protective duties as will revive

a second reading. venting the sand from blocking up the harbor. manufactures and restore prosperity to the

Mr. NYE, from the Committee on Revolucountry.

tionary Claims, to whom was referred the In the one case the improvement is made upon

or by the shore of a lake, supplying several thousand

By Mr. PETERS: A remonstrance of George | petition of Frederick Vincent, administrator
miles of navigation; in the other case the pro-
Stetson and others, of Bangor, Maine, against

of James Le Caze and others, submitted a
a reduction of the tariff on lumber.
report, accompanied by a bill (S. No. 580) for

Tmi posed improvement is upon a river, also supplying several thousand miles of navigation.

Also, the petition of Mahala Jane Robert

the relief of Frederick Vincent, administrator

of James Le Caze, surviving partner of Le Caze The principle appears to be the same with that

son, for relief.
By Mr. POLAND: A remonstrance of J. J.

and Mallet. upon which other appropriations in this bill

The bill was read and passed to

a second reading, and the report was ordered are made. The case, in my judgment, pre- Esty and 120 others, of Brattleboro', Vermont,

to be printed.

1 sents as just a claim as these; and I therefore | against the extension of Howe's patent on sewing machines.

Mr. THAYER, from the Committee on ask the House to sustain my amendment.

Military Affairs and the Militia, to whom was [Here the hammer fell.]

referred the bill (S. No. 240) to amend section Mr. ELIOT. The gentleman from Illinois IN SENATE.


thirteen of an act entitled "An act to increase [Mr. BAKER) has, I believe, on every propo. MONDAY, June 29, 1868.


and fix the military peace establishment of the sition which has come before the House voted

Prayer by Rev. J. V. SCHOFIELD, of St. United States,' reported it without amendment. against this bill. He has voted to lay it on Louis, Missouri.

Mr. WILLIAMS, from the Committee on the table and to postpone it. All his votes On motion of Mr. CONNESS, and by unani Private Land Claims, to whom was referred the have indicated a hostility to the bill which cer

mous consent, the reading of the Journal of bill (H. R. No. 65) for the relief of William tainly does not, in my judgment, warrant that || Saturday last was dispensed with.

McGarrahan, reported adversely thereon, and he should anticipate a very favorable reception


submitted a report; which was ordered to be for the amendment which he offers.

printed Mr. HOWARD presented the petition of Dr. Mr. BAKER. The gentleman will allow me

Mr. TRUMBULL, from the Committee on to correct him. I did not vote to lay the bill Robert Lebby, praying a removal of the civil on the table. disabilities imposed on him by acts of Con.

the Judiciary, to whom was referred the bill Mr. ELIOT. I thought the gentleman did. gress; which was referred to the Committee on

(S. No. 449) to revive and continue in force Mr. BAKER, I did vote to postpone the the Judiciary:

the act of the 29th of July, 1850, and the act bill; I did vote for the substitute of the gen

Mr. SUMNER. I present the petition of

amendatory thereof of the 2d of April, 1852, tleman from Ohio, [Mr. Delano ;] and I will Professor Agassiz, of Cambridge, and a large

reported it with an amendment. add that I do not know why the rights or inter number of others, professors of Harvard Uni.

MESSAGE FROM THE HOUSE. ests of my constituents should be prejudiced versity, and also professors of the Institute of A message from the House of Representa: because I do not combine with the represent.

Technology in Boston, in which they plead that tives, by Mr. McPherson, its Clerk, announced atives of other interests on this floor.

Congress take steps that the statute of the that the House had passed the bill (S. No. 522) Mr. ELIOT. I agree to that, and now as Legislature of California with regard to the to authorize the Commissioner of the Revenue the gentleman has taken up quite enough of

Yosemite valley shall not receive the sanction to settle the accounts of Andrew S. Core, with my time I will say a word as to the merits of of Congress. They say that it is inconsistent with amendments, in which it requested the concurbis amendment. There is no such appropria

the just fulfillment of the purposes of the ori. rence of the Senate. tion in this bill as that which the gentleman | ginal grant, and with an honest, patriotic pride; proposes. According to my recollection, no

and they respectfully and earnestly protest appropriation of a similar kind has ever been against the ratification or confirmation by Con

Mr. SHERMAN. I desire to report from made.

the Committee on Finance an amendment to be The gentleman from Mlinois, [Mr. gress of any conveyance of any part of the WASHBURNE,] the chairman of the committee, Yosemite valley by the State of California to

proposed to the civil or miscellaneous approinforms me that there was once an appropria- || individuals. I believe that this subject is under priation bill. I wish now to say to the Senate tion of this character for Dubuque. If that is the consideration of the Committee on Private

that this amendment, proposed by the unan so, the case must stand alone. The appropriaLand Claims, and I move the reference of this

imous vote of the Committee on Finance to be tion now proposed is to make a harbor. “It is | petition to that committee.

added to the civil appropriation bill, contains not to improve navigation, but to benefit the The motion was agreed to.

some important provisions in regard to fuod. town of the gentleman from Illinois, [Mr. Mr. MORRILL, of Vermont, presented a

ing the public debt. I submit it now, and ask BAKER.] That town, it appears, is being in- || petition of citizens of Boston, Massachusetts,

that it be printed, so that their attention may be

called to it. jured by the water, and this appropriation is praying the passage of the House bill to en designed to prevent that injury. Now, sir, we

Mr. EDMUNDS. Does it increase the ap. courage commerce and internal trade by facilido not propose to dig out any harbor in order tating direct importations; which was referred

propriation? that after vessels have got into the harbor they to the Committee on Finance.


There is no item of sball find sufficiently deep water. That is not Mr. TRUMBULL presented a petition of

appropriation in it. the object of this bill. It is to improve harbors citizens of Philadelphia county, Pennsylvania,

The proposed amendment was ordered to be and to improve the navigation into harbors. praying that the survivors of the war of 1812,

printed. The gentleman from Illinois brought this mat whether soldiers or sailors, and the surviving

INTEREST ON STATE BONDS. ter before the committee, and certainly there widows of any who may have died or who may Mr. MORGAN,

If there be no further is no member on this floor whom personally hereafter die, may be placed upon the pension

morning business, I ask the Senate to take up I should be more desirous to accommodate | roll; which was referred to the Committee on Senate joint resolution No. 94. This joint than that gentleman. But for the consideraPensions.

resolution was considered some time since, and

[ocr errors]


[ocr errors]
[ocr errors]


upon it.


debated, and laid aside at the request of the The PRESIDENT pro tempore. The letter not that sort of business which can be disposed Senator from Indiana, (Mr. Morton.] He will be read if there be no objection.

of in a few minutes. It is a bill which ought has now, I understand, no objection to it, and The Chief Clerk read as follows:

to be fully and carefully considered by the I ask tbat it be taken up.

DEPARTMENT OF THE INTERIOR, Senate, as it is important in its nature and genMr. EDMUNDS. It is very desirable that

WASHINGTON, D, C., January 27, 1868. eral in its character. It seems to me that what the bill relating to the removal of causes from

SIR: I have the honor to submit for the considera we have of the morning hour, after disposing

tion of the Finance Committee the accompanying
the State courts to the United States courts
draft of a joint resolution.

of the regular business, ought to be devoted
should be taken up and passed to-day, if it is It differs but in one particular from a resolution to such bills as excite no discussion. This bill
to be passed at all; but I presume this resolu aproved March 3, 1815, (Statutes-at-Large, vol. 5, p.
801.) The latter directed the retention by the Sec-

will take up the whole morning hour, and two tion will occupy but a moment. retary of the Treasury of moneys due to a defaulting

or three mornings, in my opinion.
Mr. MORGAN. It will occupy no time, I State on account of the percentage of proceeds of the Mr. EDMUNDS. I do not want to occupy

the public lands lying within her limits. This reso time on this motion.
lution makes it his duty to withhold any moneys duo

My friend from Indiana
Mr. SUMNER. I am very desirous to move
to such State from the United States on any account

does not mean that the bill shall ever be taken an executive session for some fifteen or twenty whatever.

up or ever passed. He is opposed to it. The minutes, in order to act on a certain matter. I The propriety of the original legislation has never rest of the committee are in favor of it. It is have a note from the Department of State in

been questioned. Its terms were limited, as at the
time of its passage no moneys were due from the Gen-

just like all the bills that are taken up in the my hands expressing a great interest in a mat eral Government to any State, except on account of morning hour and proceeded with as far as ter which is now pending before the Senate in such proceeds. It was in keeping with the provisions


I do not blame the gentleman for of an act approved September 4, 1811, (St. Id., p. 453) executive session and inviting immediate action giving to certain States ten per cent of the net pro

defeating it in this way if he can, but I hope ceeds of the sales of publiclands within their respect

the Senate will take it up. Mr. CONNESS. That can afford to wait.

ive limits. The fourth section provides that money Mr. DAVIS. When the honorable Senator There is no need of that.

due to any State on account of such proceeds should
be first applied to the payment of any debt due and

from Vermont proposed to take up this bill & Mr. MORGAN. I think we had better pass payable from such State to the United States.

few mornings ago he said, with very distinct this joint resolution. It will take no time.

Without such special provision it may be the emphasis, that there was nothing wrong in it.

duty of the Secretary of the Treasury, or of the ac-
Mr. SUMNER, I will not interfere with the
counting, officers, in adjusting a claim by a State

I have seen no bill before the Senate at this

against the United States, to ascertain and withhold session that has more of wrong in it, in my The motion of Mr. MORGAN was agreed to;

the sum due from the former to the latter. To relieve
the subject of all doubts. I respectfully suggest,

opinion. If the honorable Senator expects to and the Senate, as in Committee of the Whole,

however, that a positive legislative direction in the pass this bill without discussion he is greatly resumed the consideration of the joint resolu premises, such as the joint resolution contemplates, mistaken. It is a bill that ought not to pass tion (S. R. No. 94) directing the Secretary of

should be given.
This Department is the depository of a large amount

for many reasons, and he may expect a stub.
the Treasury, whenever any State shall have
of overdue State bonds which the United States hold

born resistance whenever it comes up. been or may be in default for the payment of in trust for certain Indian tribes. The annually-ac Mr. EDMUNDS. That I am ready for

cruing interest for many years was unpaid by the interest or principal on investments in its stocks

respective States, but was advanced by Congress from
or bonds held by the United States in trust, to the Treasury.

pro tempore. The

quesretain the moneys due to such States from the Very respectfully, your obedient servant,

tion is on taking up the bill for consideration. United States.

0, H. BROWNING, Secretary.

The motion was agreed to; there being on
Hon. John SHERMAN, Chairman Finance Committee,
The Chief Clerk read the joint resolution.

United States Senate.

a division-ayes 20, noes 9; and the Senate, Mr. HENDRICKS. I do not know that I

Mr. POMEROY. I think there must be

as in Committee of the Whole, resumed the understand the force of the resolution that is some mistake in that letter. It speaks of a

consideration of the bill (S. No. 402) for the before the Senate. My impression is, however, as I heard it read, that it may, perhaps, affect State receiving ten per cent. on the proceeds

removal of causes in certain cases from the of the sales of the public lands. The largest pending question being on the amendment

State courts to the United States courts, the some of the interests of the State of Indiana,

amount ever paid to any State was five per cent. and I should like to have it read again.

The Clerk either made a mistake in reading | reported by the Committee on the Judiciary as The Chief Clerk again read the joint resoluthe letter, or the Secretary of the Interior made

a substitute for the original bill. tion, as follows:

Mr. EDMUNDS. one in writing it.

Before the question is That whenever any State shall have been, or may Mr. MORTON. I think it ought to be pro

taken, in printing the amendment reported be, in default of the payment of interest or principal vided in this bill that there shall first be an

there is a misprint in the fourth section, which on investments in its stocks or bonds held by the United States in trust, it shall be the duty of the Secre accounting between the United States and the needs to be corrected, and so I move to amend tary of the Treasury to retain the whole, or so much State as to what funds or moneys may have been

in line three, section four, of the amendment thereof as may be necessary, of any moneys due on withheld from the State on account of interest

by inserting after the word “ States” the words any account from the United States to such State,

while in the performance of his official duty;" and to apply the same to the payment of such prin due on its bonds, or as to what money there pal and interest, or either, or to the reimbursement may be in the Treasury due to the State on

and in line five, at the beginning of the line, of any sum of money advanced by the United States account of the sales of public lands. It is my

before the word "every,” by inserting the on account of such interest. understanding that for å time what was known

same words, while in the performance of his Mr. HENDRICKS. I hope that resolution as the two or three per cent. fund which was

official duty." These words were in the original will not pass without some further consideradue to certain western States through which

report of the bill, but in printing they were tion. The Government of the United States

the national road ran was withheld from the accidentally omitted.
holds some of the bonds of the State of Indi-
States and applied to the interest of their bonds

The amendment to the amendment was ana, issued about the year 1836. She has, as

held by the General Government. Whether agreed to.
I understand, withheld upon these bonds the
there has ever been a formal settlement on the

The PRESIDENT pro tempore. The ques-
per cent. which was due to the State of India
books of the Treasury of those accounts I do

tion now is on the amendment reported by the ana upon the sales of the public lands within not know; but as a matter of justice such de

committee as amended. that State. I never knew that it had been pro ductions should be taken from what the Gov.

Mr. DAVIS. Mr. President, this bill proposed before that any other claims the State of ernment owes the States. For example, the

poses to extend very essentially the jurisdiction Indiana may bave upon the Government for

Government owes the State of Indiana a large of the courts of the United. States far beyond advances should be withheld from these bonds.

the warrant of the Constitution that creates sum on account of advances made during the The truth is that the Government of the United war, and before the gross amount is deducted

and organizes the jurisdiction of the judicial States ought to acquiesce in the adjustment of from

the interest on the State bonds

held by l department of the Government. The bill prothe indebtedness of the State of Indiana made the General Government there should be an

videsbetween her and her creditors in 1846. This

accounting as to what may have been withheld That whenever any civil or criminal suit (whether bill will make it impossible, perhaps, to secure

commenced before or after the passage of this act) from the State on account of the sales of the may be pending in any court of any State against any such an adjustment between the State and public lànds to pay the interest on thcse bonds. person, in which suit such person shall intend to make General Government. I know of no present În a little time I will prepare an amendment

any defense based upon the authority of any law of

the United States, or upon the authority of any denecessity for the passage of it. I do not know to that effect, and then I shall make no objec partment of the Government thereof, or upon the enough about the measure to say very much, tion to the passage of the measure.

authority of any oficer acting under any such law or but I think it is not called for.

Mr. MORGAN. This joint resolution was

department, or upon any right exercised under, or Mr. MORGAN. Mr. President, this joint ll laid aside three months ago for the same pur

title held in behalf of the United States, such person

may, at any time before the final trial in such suit. resolution differs but in one particular from pose.

in person or by his attorney, file a petition in such a law that was passed in 1845. Whenever a

Mr. EDMUNDS. It is only proposed to be

suit, &c.State does not pay the interest on its bonds in

for the transfer of the case to a Federal court. laid aside informally, to be called up again. the possession of the General Government, Mr. MORGAN. Very well; if it does not Now, Mr. President, so far as the Constituand the Government is indebted to that State lose its place I shall not object.

tion confers jurisdiction upon any of the courts for any purpose, the accounting officers now

of the United States, it is already fully infeel authorized to retain, and do in fact retain,


vested. The jurisdiction of the courts of the the money due by the State to the General Mr. EDMUNDS. I ask that this matter be

United States is defined by the Constitution in Government; but inasmuch as the power to

laid aside informally, and the Senate proceed a few simple words, and so far as it is defined do that has been disputed, they ask for the to consider the bill (S. No. 402) for the re and ordained there are existing laws of Con. passage of a measure of this kind. I send to moval of causes in certain cases from the State

gress investing it to its uttermost limit. The the desk a letter from the Secretary of the conrts to the United States courts.

measure under consideration proposes far to Interior explaining the whole matter fully, and Mr. HENDRICKS. I think that bill ought transcend the limits of the Constitution. It ask that it be read,

not to be taken up in the morning hour. It is ll provides that if the defense is based upon the

[ocr errors]




[ocr errors]
[ocr errors]
[ocr errors]

authority of any law of the United States'

diction; to controversies to which the United States fied with that; he goes a bow-shot beyond that it shall be transferred or may be transferred. shall be a party; to controversies between two or limit, and he provides in the next branch of the That is very proper. There are existing laws more States, between a State and citizens of another

be pros State, between citizens of different States, between

sentence that where an act is done by anybody of Congress that authorize the transfer of any citizens of the same Stateclaiming lands undergrants

under an order of a Department, or of any persuit in which the right of the plaintiff or the of different States, and between a State, or the citi: son acting under an order of a Department, defense of the defendant results directly or by zens thereof, and foreign States, citizens, or subjects.”


without regard to its legality, without regard to implication from a law of Congress. It is, The latter branch of jurisdiction has been its constitutionality, without regard to the fact

care se therefore, not necessary to pass this bill to give | abolished by a special amendment of the Con whether it is authorized by any law or has any the right to a party to transfer a case to a Fed stitution. Now, I ask the honorable Senator color of authority whatever, though it may be eral court, either where his claim or his matter for his authority in the Constitution where a of defense originates under a law of Congress.

as wanton, as unjust, as violent as a trespasg head of Department for providing that a man


can be, notwithstanding all these features of Therefore, with a view to produce that result

, | acting under the authority of a head of De. | atrocity and illegality, still the party sued for this bill is unnecessary, because it is already partment who has committed a trespass against such a trespass may, upon his petition, comfully done by existing laws. But the bill goes the rights of a citizen without authority of the || pel the transfer of the case from the State to

Constitution or the law may transfer that case the Federal courts. Sir, the proposition is an Or upon the authority of any department of the

from the State courts to a Federal court. For | atrocity. There is no warrant for the passage Government thereof.

instance, the head of the War Department does | of a law with such a provision. There is no I ask the Senator from Vermont if Congress an act that is without the sanction of Con. warrant for the courts of the United States to can pass a law authorizing the transfer of a stitution or law, that is in flagrant violation of take jurisdiction of the cases provided for in suit brought in a State court to a Federal court both; he presents himself in the position of a the language of this bill which I have been comon the ground that the matter of defense rests simple trespasser or wrongdoer, and he is liable menting upon. upon an order or direction by a department

to be sued and to be held to the same respons The fourth section has been mitigated by the of the Government? Why, sir, the position | ibility with any other trespasser; but the hon. is absurd and unsound in the extremest degree. orable Senator's measure provides that if the ator; but before he proposed that it should be

amendment suggested by the honorable SenA Department of the Government authorizes Secretary of War or any other Secretary com tbus modified, it was the most abhorent attempt a totally illegal act; it authorizes a subordin mits an act thus without the sanction or author.

to impose a despotic exercise of power without ate acting under the head of a Department to i ity of the Constitution or law, but in violation || authority of Constitution or law that ever was do an act of trespass or any other wrong to a of both, and he or the person by whom he || brought to the contemplation of my mind. I citizen of the United States without any sanc directs the execution of his order is sued, the will read it as it was reported : tion of Constitution or law whatever ; and this party sued upon filing his petition in the State

That if any person shall willfully and unlawfully bill provides that if an officer of the Govern court where the suit is brought shall be enti impede, hinder, itssault, or beat any officer under the ment has been proceeding to act under such || tled to have a transfer of the case into the Fed. United States, or shull willfully and unlawfully injure an illegal order of a Department and is sued eral court. Sir, the Constitution vests juris

or destroy the property of any such officer, every such

person 80 offending shall, on conviction therenf, be for trespass by the party injured, he may set diction in no such case or class of cases in the punished by a fine not exceeding $5,000, and be imprisup that he was performing that act under the Federal judiciary.

oncd not exceeding five years. order and direction of a Department, however The honorable Senator, though, proceeds a Was there, ever such a proposition made in illegal and unconstitutional that order of the step further. The Secretary may choose not an assembly that professed to be governed by head of the Department might be, and that to become a trespasser in person ; he may law? Was there ever anything more atrocious state of case authorizes and requires the State direct a subordinate officer of his Department than this proposition brought to the contemcourt in which such a suit is pending to trans to execute his order, and in that aspect it plation of civilized man before? All the offifer it at once into the Federal courts.

would be a double trespass. The Secretary cers of the Government of the United States That is only one class of the wrongful and would be a trespasser and the person by whom of every degree or class have this indemnity enormous cases in which this bill would have his order to do the wrong was executed would thrown around them by the provisions of this application. There is another:

be a trespasser also. They would be co-tres. fourth section as it was reported by the com; Or upon the authority of any officer acting under passers, and would be liable to a joint suit by mittee. When any man shall unlawfully and any such law or Department.

the party injured in the State court. The hon willfully impede, hinder, assault, or beat any If, then, the head of any Department gives | orable Senator's bill provides that if the case officer under the United States, or injure or any arbitrary and illegal order to one of his be presented in that form, where the head of a destroy the property of any such officer, he is subordinates, however that order may conflict Department authorizes one of his subordinates to be subject to the severe penalties denounced with the Constitution and law, if the subor. to do an act in contravention of the Constitu in the section. When a citizen meets with any dinate proceeds to do the act by the order and tion and laws of Congress, which amounts to officer of the Government of the United States direction of an employé and subordinate in any a naked simple trespass without color of and is grossly insulted by him, and he strikes particular Department, this bill provides that authority, without the sanction even of an that officer, not in the discharge of the duties if he is sued for the wrong or the trespass be unconstitutional law of the United States, if of his office, not in his office, not in the place has done he may come into court and file his the party thus committing such a flagrant tres where his duties are to be executed, but ans: petition setting forth that the act was done by pass shall be sued in a state court he by filing where, upon the public highway, at the resi

: order of a subordinate of any Department of his petition is entitled to have the case trans dence and domicile, if you please, of the insulted the Government, and thereupon the ite court ferred into the Federal court to be tried, in man, if that man receives the grossest indig. is required immediately to order the transfer many States, at a great distance from the locality | nity and personal insult, and he resents it by of the case into the Federal court.

where the trespass was committed and where striking the man who is covered with the Sir, a more wrongful or enormous measure the parties and all the witnesses to the trespass panoply which is proposed to be manufacnever was introduced into the Congress of the reside.

tured by this bill

, the person insulting him United States. The honorable gentleman is The jurisdiction of the courts of the United | being an officer of the United States, he immeactive in piling up measures of this character. States as defined by the Constitution cannot diately subjects himself to a penal prosecution He is exceedingly fertile and indefatigable in be enlarged by an act of Congress. The Supreme | that may bring upon him a fine not exceeding presenting them to the consideration of the Court has settled that principle again and $5,000 and imprisonment not exceeding five Senate and urging with all of his accustomed again, and no judicial decision was necessary years. If that does not create an official oli. zeal and ability their adoption. He and his to settle it. The Supreme Court has original | garchy I do not know what measure would. friends are now in power; but if the tables jurisdiction in certain classes of cases, and it Take the case of a member of Congress being should be turned upon them all the punish- has appellate jurisdiction in other classes of insulted by one of the guard or other attend ment that could be asked in reason and justice cases, and the Supreme Court has decided that ants who are doing duty around this Capitol. of him and his friends would be that the dom an act of Congress cannot increase its appellate Stung with the insult he strikes the officer. inating party which supersedes his should just jurisdiction, That court has filed decision

Then, according to this bill, the officer makes turn upon him and execute inexorably the upon decision establishing the principle that complaint to Judge Cartter or some other cormeasures and the perverted principles which no act of Congress can enlarge the jurisdiction rupt judge in the District and institutes a crim. he is now endeavoring to enforce under the of the Federal courts and take them outside inal proceeding, and that member of Congress provision of this and other acts of Congress of that jurisdiction that is created and ordained is subject to be arrested and to be tried and that have heretofore been passed.

by the Constitution itself. The honorable Sen have a judgment passed upon him that may The honorable Senator is a lawyer and a ator proposes, then, to create two indefinite, subject him to the payinent of $5,000 fine and constitutional lawyer, and he professes, I sup undefined classes of jurisdiction wholly outside || imprisonment for five years. pose, to be guided by the Constitution as the of the provision of the Constitution and of that Sir, how many oflicers of the United States supreme law of the land, and to square the jurisdiction in the Federal courts which is cre

are now in being in our vast land? The broad legislation of Congress and his own action by ated by the Constitution. There is no princi and correct definition of an officer is every man the principles of that instrument. Here, sir, ple in the provisions of the Constitution estab who executes any power or any duty under be is the provision of the Constitution that defines Îishing the jurisdiction of the judicial depart Government of the United States; it makes the jurisdiction of the judicial department: ment that authorizes a case of trespass that no odds whether he is commissioned or not, or

" The judicial power shall extend to all cases, in has originated under the illegal and unconsti what the class or the creed of his office may law and equity, arising under this Constitution, the tutional act of a bead of a Department to be be, whenever a man clothed with the panop! laws of the United States, and treaties made, or which

transferred to the Federal courts. That is one shall be made under their authority; to all cases

of an officer of the United States and of this affecting embassadors, other public ministers, and class of the cases for which the honorable Sen

law commits any trespass upon the property consuls; to all cases of admiralty and maritime juris ator's measure provides; but he is not satis

or upon the person of any citizen the citizen

[ocr errors]

may be sued civilly, and in addition to that may Mr. WILSON. I am willing to give that the Colorado bill, and shall not attempt to be prosecuted penally and criminally in the bill fifteen minutes.

enter into any discussion ; but I speak merely courts of the United States and be subject to Mr. EDMUNDS. As I have not been any in reference to the business of the Senate. this punishment. Why, sir, I cannot express party to the alleged agreement, I do not want That bill has been repeatedly before the Senmy disgust and detestation of a law or proposed to consider myself bound by it until, at least, I ate, and has met with unexpected opposition. law that has any such provision in it. I con know what it is.

It has assamed the shape now rather of an cede freely that an officer or a gentleman of Mr. MORRILL, of Maine. I more that all enabling act, and it does seem to me that if the Government of the United States in the prior orders be postponed, and that the Senate we are ever to dispose of that subject at all discharge of his official duties, and in their proceed to the consideration of House bill No. now is the time to do it. It has been debated proper discharge, ought to be protected by the 818, which is the bill making appropriations at very considerable length. Why not dispose laws; and there are many laws in fall force to for sundry civil expenses of the Government of it in some way, and have a definite vote embrace and protect all such cases. If the for the year ending June 30, 1807.

upon it? I am sure we shall advance the laws are defective supply their defeets, and The PRESIDENT pro tempore. It is moved business of the session better in that way, make the amount of protection that is given to that the unfinished business of Saturday and because if it is postponed now it will come up every officer, without regard to his grade or all prior orders be postponed for the purpose again. Suppose the Senator from Maine takes class, sufficient to secure him in the proper of proceeding to the consideration of the bill up his appropriation bill. After that is disexercise of his legal and constitutional duties. mentioned by the Senator from Maine.

posed of there will be another struggle. After But to clothe a man, who is called an officer, Mr. RAMSEY. I hope that will not be the time that has been spent on this bill I am any and everywhere with the protection which done. I hope the chairman of the Committee sure it will be economy of time to take it up this bill gives him, both as to his person and his on Appropriations will give us at least tifteen and finish it. Let us dispose of it definitively. property, is the most extravagant and absurd or thirty minutes for the cousideration of the I hope we shall adhere to the order of the day. and revolting attempt to exercise power that I Colorado bill.

Mr. CONKLING. I think the Senator is have ever known.

Mr. MORRILL, of Maine. I would not quite mistaken in supposing that the Colorado If I understood the modification which the object to giving fifteen minutes, but I wish to bill can be voted upon presently. I have been honorable Senator suggested, it was that this say to the Senate that the appropriation bills, shown this morning already, in different forms, liability to suit and prosecution should apply

from causes which need not be stated here, are amendments proposing to commit the ratificaonly where the act done to the officer or to his behind ; and I am conscious that if they are tion or rejection of the constitution to a special property was while the officer was in the dis not pressed and considered in preference to election held for that purpose, to take it away charge of his duty. Even in that form the other matters, when the Senate want to adjourn from the general election at which a full vote proposition is very objectionable; it destroys all it will be kept here beyond its inclination by is to be cast. I feel very sure that such an proper proportion between the wrong and the. the delay of those bills. Here is the miscel amendment will be resisted, and that propunishment. I will give an example: in the laneous appropriation bill, which will occupy visions in the Colorado bill will be insisted southern States, if you please, a man goes to some days. The Indian appropriation bill is upon which will lead to considerable debate. the polls to vote ; there are negro officers of behind it, and several small bills, and then Now, one word as to the appropriation bill. election; a negro oflicer who is presiding at there is the deficiency bill, which is preparing, || The Senator from Illinois [Mr. YATES] sug. the election sees this man approach; he knows and which is to come from the House of Rep- 1 gested that the Colorado bill must go to the that he is an anti-Radical, and he orders him resentatives. If these appropriation bills are House of Representatives. So, I beg to reaway, saying to him, “Get away, you damned not put out of the way before the Senator from mind him, must the appropriation bill go to rebel; you are not entitled to vote here." The Ohio, the chairman of the Committee on the House, because a large number of amendinsulted man may strike him ; he may spit in Finance, comes here with his funding and tax ments are reported, which amendments' will his face, or he may simply put himself in an bills, I can see that the Senate is to be very be the subject of controversy, and will go ultiattitude to strike withont striking, and he will much embarrassed and delayed in its action mately to a conference coinmittee, which the be held to have committed an assault. The on these biils. I therefore feel it my duty to Colorado bill is not likely to do. honorable Senator's bill would permit that apprise the Senate of this condition of things, Again, the Senator says the appropriation man to be prosecuted penally and criminally and to move to take up this bill at the present bill must pass at all events. Yes, Mr. Presiin one of the United States courts, and would moment. Of course, if the Senate were ready | dent; and that, I submit, is precisely the reason allow that court, if it chose, to inflict punish to vote on the Colorado bill, that would pre why it ought to be taken up now. The approment upon him to the extent of $5,000 of fine sent another question ; but I see the Senator priation bill must pass at all events, and those and five years of imprisonment Does the from Vermont rises

who have served in Congress as long as most honorable Senator maintain that between that Mr. EDMUNDS. I had the floor upon it of the gentlemen around me have know how offense and the amount of punishment that may on Saturday, and have got some reasons why appropriation bills pass at the last when all be infiicied upon the trespasser or the wrong.

I do not want to vote for the bill, and I expect || legislation is finished except the appropriation doer, if in truth there was any wrong done at to give them, if I ever have a chance to do so. bills. They understand the haste and the casual all, there would be any just proportion? No, Mr. MORRILL, of Maine. So that I am way in which appropriation bills are passed sir.

sure we are not going to vote on the Colorado under those circumstances. I hope that we Mr. President, I have been a great admirer bill now. We are not going to vote on it to shall take up the appropriation bill now. I wish of the legal acumen of the honorable Senator 1 day in all probability. It is a bill that is to be we could have taken it up before, as we should from Vermont, of the fertility of his invention contested; and I submit to the Senator from || have been able to do but for casualties whiclı in bringing up expedients to punish the rebels, Illinois [Mr. Yates] whether, under the cir- could not be controlled. We have reached now to manacle the rebels, and this measure of his cumstances, he will not take an opportunity | the latest time in the session, looking to what is only another device to impose upon them à

when he will not be obliged to antagonize it we know is the condition of business, when it grievous and most galling fetter. He antici with these appropriation bills, which it is obvi can be taken up and deliberately considered, pates that the coming elections may produce ous enough must demand the attention of the and it seems to me that it is a great mistake to outbursts of passion and conflict, possibly, beSenate.

put it aside for other business. tween the people of the southern States and Mr. YATES. I desire to submit to the Sen Mr. CONNESS. I do not suppose there is the negro officers who are to conduct those ator another view of the case. This bill has any time worse spent than the time spent in the elections.

been pending all the session. The Committee discussion of the precedence of business here; The PRESIDENT pro tempore. The morn on Territories have not occupied much of the but I rise, nevertheless, to occupy a minute, ing hour having expired, the unfinished busi time; neither has there been a great deal of and to say that I hope this motion will not ness of Saturday is before the Senate, being business before that committee. This bill has obtain. I hope, as said by the Senator from the bill (S. No. 11) to admit the State of Colo to pass the House of Representatives as well Illinois, that we shall finish something; because rado into the Union.

as the Senate, and the appropriation bill must | otherwise we shall go all over these discussions pass anyhow. We are nearly through the debate again. We were all prepared to vote on Satur

upon it; the Senate is now ready to vote uponday as to whether the constitution of Colorado Mr. WILSON. The bill to establish rules it; and I think, as it is the order of the day, should be submitted to the people of Colorado and articles for the government of the armies that the Senate ought not to postpone it for or not, and all the speeches that might be made of the United States was under consideration, the consideration of any other bill. I think in a month could not throw any light on that and was laid over informally for the Colorado bill. I desire now to call up that bill; I gave postponed. these are good reasons why it should not be proposition as to how each Senator had determ

ined to vote; but we did not vote. Of course way all day on Saturday,

The PRESIDENT pro tempore. The ques we have got to submit to discussion; but I Mr. HARLAN. I will state to the Senator tion is on postponing the order of the day for hope we shall finish something; and I object from Massachusetts that I understand an agree. the purpose of considering the appropriation now, and hope the appropriation bill will not ment has been made for a modification of the bill.

be taken up. Why take it up? Is this session amendment of the Senator from New York The question being put, there were, on a to close immediately? I think we had better [Mr. CONKLINC) to the Colorado bill, which I division--ayes 20, noes 18.

put that idea out of our heads. We must stay suppose will be satisfactory all around the Mr. CONNESS and Mr. YATES called for

here until the public business is done, and well Chamber; and if it shall prove to be so, a yote the yeas and nays; and they were ordered. done. There is no demand except the demand can be had in a very few minutes on that bill. Mr. TRUMBULL. As the yeas and nays of our own convenience to call us hence. I I shall be glad, therefore, if the Senator from are to be called on this question I trust the hope, sir, that we shall not procrastinate the Massachusetts and the Senate would consent Senate will indulge me in saying a word. I consideration of this bill further by putting it that we should go on with that bill.

have not taken any part in the discussion upon aside. 40TH CONG, 2D Sess.-No. 224.


« ΠροηγούμενηΣυνέχεια »