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1868.

THE CONGRESSIONAL GLOBE.

3585

Mr. DAVIS. I more to strike cel bile article, which reads in these words:

No oficer gball be tried but by agents cie martial, nor by oficers of an interior rent 21 eat be avoided, withoat detriment to the retirer

Now, sir, I should like to know, and a

provision, how the General of the der TY; Lieutenant General of the Armeste:

by court-martial? I suppose is ter cers committed offenses desertiz ment that they are the most pitper .

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jects to receive it, and I think the bar

chairman of the Committee on kir! 2 ought to derise some mode by videos

that would be competent to try bed is officers should be formed.

Mr. FERRY. The subject of the re pe which has always been in the Arabia a: is to prevent a court being consis *** terested tryers, so that inferior for

| 096 try their superior, and cared de

rise and take his place. There's not ime whatever in trying the Generatore

because in that case it wordt concluding clause of the arte fin

an officer may be tried by the Find ferior rank if it cannot be around

Jr. DAVIS. Will the sausa pp provision to which he has ja

provides for that! And Mr. FERRY. The concinnata

ripteuth article provides that a serie wick may be tried by inferiors, ežersiz.

inferiors upon the count aura { avoided without detrimento

rice. It is in the article in

Mr. DAVIS. I did not de honorable friend does. It read 1 oficer shall be tried out based

martial por by offeen of an independe

udgment of the officer appscotag the way line,

be avoided witbout detriment to be per

What does that mean? The

obscure, I think, in its reading and 1 of pose, now, the General of the

commit a military offense herhaal It to be subject to a court martial

. 195. dime the officer that would direct the contes

a court martial to try him? img { Mr. FERRY. The President des TV States.

number of officers with a judge advocate; shall be followers of the Army, and all citizens voluntarily confined to the theater of war at all, and
liable to the same restrictions and challenges, and residing or entering on any of the military and for this purpose I assume that the provision
shall possess the same powers and privileges for reg- Indian reservations with clearly-defined boundaries,
ulating their proceedings and compelling the attend. shall be governed by these rules and articles, and

is that they shall exist only in time of war.
ance of parties and witnesses at courts-martial. And shall be subject to be tried by courts-martial or mili- That limits them in time; but speaking of
the sentences of sach military commissions may be tary commissions in like manner with the officers
confirmed and executed by the officer ordering the and soldiers in the service of the United States."

space, they may range the realms. There is court or bis successor in office, or by a common superior, who shall have power also to pardon or to

There you have a complete claim of juris- nothing confining their action to the theater diction conferred in strong general terms.

of war, actual or constructive. That is one mitigate such sentences, as provided in the case of

proposition.
courts-martial,
Now, what I desire to call particular attention

There is another suggestion to which I ask
Now, I suppose that a military commission || to is the twelfth article, which reads as follows:

the attention of the chairman of the Commitwould be authorized to dismiss a general from In time of war or public danger

tee on Military Affairs. The provision is, that office by its sentence; a court-martial would which may not be a time of war

these tribunals shall have jurisdiction over all not. If it were to deprive an officer of his

military commissions may be constituted, and shall offenses and offenders against the laws of war rank, dismiss him from the service, or sentence have jurisdiction over all offenses and offenders

not cognizable by courts-martial. It will be him to death, before that sentence could be against the laws of war not recognizable by courtsmartial.

absurd that if only those instances of offense executed the whole proceeding would have to

were contemplated covered by the eleventh

That is a very extraordinary article. I venbe sent to the Judge Advocate General, to be laid, through the Secretary of War, before the ture to say that nothing like that will be found article and the ninety-seventh article, this artiPresident for his approval. Such is not the

in the Rules and Articles of War heretofore cle would be entirely surplusage. If the Senrequisition in reference to sentences of military adopted in this country. The article goes on

ator from Massachusetts will give me his atten

tion at this moment I shall be obliged to him, commissions. If they dismiss an officer who

because this is a matter which has been very is of the grade of general from the Army, the Such courts shall be appointed in the same man

much discussed, and which has led to great ner and by the same authority; shall consist of the officer who ordered the convening of the mili

like number of officers, with a judge advocate; shall disturbance and ill-feeling in the portions of itary commission would have the power to be liable to the same restrictions and challenges;

the country with which I am most familiar. I confirm the sentence without any appeal to the with further provisions for the enforcement of say that there is nothing confining the opera. President, or without giving him any opportu- the sentences. Now, sir, we are familiar with tion of this article to persons conuected with nity of revising and reversing the sentence. It the system which is provided for by the eleventh the military service or in the military service. seems to me there is an incongruity between and ninth articles. All military offenses and If it were so confined, it would be entirely surthe two provisions, and that the regular courts- military offenders may be taken possession of plusage, because article eleven and article martial would have a better right to have their by courts-martial, and by the ninety-seventh ninety-seven bring within the jurisdiction of sentences absolute and unrepealable than the article we extend that jurisdiction over team- courts-martial every offense known to the Roles military commissions. I think that ought to sters and camp-followers, Army contractors, and Articles of War committed by a person subbe corrected.

and persons who may be temporarily within ject to those articles, so that the Senator will The PRESIDENT pro tempore. The ques- military possessions, or within camp limits.

see that it follows that this article is specially tion is on striking out this article.

Woat, then, is the necessity for the twelfth leveled at men who in no sense are subject to The amendment was rejected. article?

the Rules and Articles of War; so that standing The bill was reported to the Senate as amend- Mr. WILSON. If the Senator desires to

as it does the section may, and I think should, ed, and the amendments were concurred in, strike out the words “public danger!! I have be construed to mean that in time of war or

Mr. DAVIS. There is one feature in these no objection to that; but certainly within the || insurrection a civilian, a private citizen, wholly articles that I do not like. I have not had an limits of the Army in time of war it is neces. disconnected with military operations or miliopportunity of reading them carefully; and if

sary to have some such provision as that, and || tary obligations, and widely removed from the I had that opportunity, whether I should object the Supreme Court have settled the question | theater of war, may be tried for an offense to them or not would be a matter of very lit. outside of the limits of the Army in the decis- committed against these articles, or denounced tle moment. But the first article, which regu- ion made in the Indiana case.

by the articles before a military coinmission. lates the oaths that are to be taken by Army Mr. BUCKALEW. I will move to strike If that is the intention of the committee, the officers, amounts to an absolute proscription out the words “public danger."

design is to take issue with a very powerful of all men who were engaged in the rebel ser- Mr. FERRY. And insert “insurrection" current of sentiment and of somewhat enlightvice. I do not think that is very wise justice, in lieu thereof.

ened opinion in this country. although it may be stern justice. I think that Mr. BUCKALEW. Yes; so as to read “ war Mr. FRELINGHUYSEŃ, I would ask the the subject of bringing men who were engaged or insurrection." Insurrection would be war, Senator from New York whether the difficulty in rebellion into the Army of the United or might be war.

would not be met by adding after courts. States may be safely left to the appointing | The PRESIDENT pro tempore. The ques. martial" the words, “committed within the power, the President and the Senate; but this

tion is on that amendment in article twelve, theater of war?" form of oath forever proscribes every man who line one, to strike out the words “public Mr. CONKLING. Yes, sir; I think that was engaged in the rebel service. "I think it

danger” and ineert “insurrection ;'' so as to would be a very wholesome restriction, if the is time for the obduracy and the extremity of read: "In time of war or insurrection military 1 bonorable chairman of the Committee on Milthat feeling to relax. I admit that there are commissions may be constituted,” &c.

itary Affairs has no objection to it. not many of them that I at present would be The amendment was agreed to.

Mr. WILSON. I am willing to accept that. willing to bring into the military service of the

Mr. BUCKALEW. That will remove one
United States; but I know a few in whose

That is what I suppose, according to the decisobjection to the article. I suppose it is un- ion of the Supreme Court, would be the confidelity to the Government, if they were brought

necessary for me to raise the question of these struction of it. in, I would trust as soon as I would that of

Mr. EDMUNDS. It would be so construed ; military commissions as distinct from courtsmost men. But it seems to me that it is time

martial, and point out the absence of any but you had better put those words in. that a great conquering party were exercising clemency. We have all read of Cæsar, one

necessity which can justify their institution. I Mr. CONKLING. I think it is very well of the greatest men and one of the greatest

have simply called attention to this article with to put them in; and if they may be put in military commanders that the world has ever a desire of expressing my view upon it. by consent, I wish to make one other sugges.

It will produced. Of all his great and noble quali.

Mr. CONKLING. I do not know precisely | tion which will take but a moment. ties his clemency was that which commended

how far the Senator having this bill in charge || be observed, that even with that addition, imhim most to the consideration and esteem of

means to shut the door. But particularly as proving the section very much, as I think it the Roman people. I think that it looks too

a question has been raised upon it, I think it does, there is still room for this criticism: perproscriptive, too inexorable, too unrelenting to

is well to examine this article a little in one or sons within the theater of war so disconnected introduce these oaths into the Rules and Arti

two other respects which I have been thinking with military operations that they do not fall cles of War; and I think that everything that

of. Now, although “insurrection” is substi: within the range of the constitutional proviscould be necessary in the exclusion of men who tuted for “public danger

ion on that subject, nor within the range of went into the rebel service might be fully ac

Mr. POMEROY. If the Senator wants more these other articles, are still amenable to trial complished by leaving the whole subject matter

time I will move an executive session, and let and punishment before a military coministo the appointing power of the Government. this bill go over until to-morrow.

sion. That may be right; but let us see what Gentlemen, no doubt, would differ with me. I

Mr. CÒNKLING. I do not wish much time; || it means before we do it. Here was the case merely express this sentiment with a view of

and I will remind the Senator that this is the of Clement L. Vallandigham, which would announcing that which I feel, and for no other

first time I have made a suggestion about this fall, as I understand it, precisely within this purpose.

bill, and I intend to make it very brief. article as it stands. Perhaps that case should Mr. BUCKALEW. By the eleventh article

Mr. POMEROY. I only made the sugges- fall within it; but by parity of reasoning the it is provided that

tion with a view to having an executive session Senator will see that other cases of a much General courts-martial shall have jurisdiction over in case the Senator desired time.

milder type than that would be, geographically all military offenses and offenders.

Mr. CONKLING. I do not wish to inter- and in point of jurisdiction, so placed that this Then by the ninety-seventh article it is pro

fere with the bill at all; but I desire to make section would operate upon them. Unless that

a single suggestion about this point, which, I be absolutely necessary, I think we had better All officers, soldiers, teamsters, or other persons

think, it is well to think of now. Although | keep off that ground. whomsoever, receiving pay or hire in the service of

"insurrection” has been substituted for the ex. Mr. WILSON. The Senator, I think, does

pression public danger," it will be observed, also all sutlers, traders, Army contractors, and other Il first, that military commissions are not to be I provision as that. I think this country would

not mean to say that we do not need such a 40TH Cong. 2D SESS. -No, 225.

Mr. DAVIS, I suppose the face o

L'nited States could direct a

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he is the Commander-in-Ch: 513 and he may do any and every ! 1 mander-in-chief of the Britis site

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but if that be the meaning maa! The President mar order ster. ! it will withdraw that motion : 30/18: conorable Senator's attention to another" we wtich I take. Article t-elre prin Weitary commissions, and it gives us,

commissions more authority to in for courts martial as foilows:

regular courts-martial. Artele

Fer Amy general oficer coonidium

Geld. or other oficer not below the si in commanding a geographical diri sen

ordistrict, may appoint cederal - 2.5 ever Reessary. But no Matener er tial shall be earned into armatim 2 whole proceedings shall bare beda de dicer ordering the same or B.

Now, I ask the attention of the basis

Ac Senator to this part of the artice

tial in tipe of peace, erleadine del

Veither shall aay sentence ol's mges/ the dismissal of an officer, or white time of peace or war, tepat carried into erecution ablalar bord ings shall bave been transmitted to the este General, to be laid before the day for the orders of the President of an lae

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have had a very hard struggle if we could not are not attached to the Army or to the Navy, am utterly amazed that anybody should suggest have organized military commissions, to try for more than five years, and I intend to keep here to-night throwing away the power to do a offenses.

up my protest as long as I have the privilege thing of that kind. Mr. CONKLING. I did not mean to go to make one. Now, the ninety-seventh article Mr. THAYER. The argument of the Sen. into the discussion, and I do not mean to do it reads :

ator from Massachusetts applies to a state of now; but in answer to the Senator I will make

All officers, soldiers, teamsters, or other persons one remark. I never could understand the phi. | whomsoever receiving pay or bire in tho service of

Mr. WILSON. This article only applies to losophy of many exhibitions that I saw during

the United States, in connection with the Army, as a state of war. If the Senator will read the

also all sutlers, traders, Army contractors, and other the war, with discerning men, intelligent men, followers of the Army, and all citizens voluntarily

article he will find that it is confined to a ting

such cir and lawyers-exhibitions of extreme feeling, residing or entering on any of tho military and of war or insurrection.

wide ri of deep disturbance which were made in refer

Indian reservations with clearly defined boundaries, Mr. THAYER. I am speaking of the ninety.
shall be governed by these rules and articles.

country ence to what were termed arbitrary arrests. I

seventh article. thought that many arrests were made which

That embraces many classes of men who by Mr. WILSON. We are on the twelfth were denounced as arbitrary that should have the express provisions of the Constitution are

article. been made, and, as the Senator says, we should | exempted from the jurisdiction of military

Mr. THAYER. I was alluding to the ninety. have been in great difficulty without the power

tribunals. It covers all sutlers, all Army con- seventh article. to make them and the exercise of that power;

tractors. An Army contractor may be any. Mr. WILSON. I misunderstood the Sen. Diary

where in the United States, but if he were within and yet I am free to say here that in time of

able to ator; I thought he was speaking of the twelfth the lines of the Army he would not be subject | article. war or insurrection, and constructively within

obatisi the theater of war, in my belief the genius of

to trial by a military court at all. That is one Mr. THAYER. Not at all; I made no refer- rebellio our Government requires us to try offenders of the constitutional liberties of the people of

ence to it. Article ninety-seven provides : the United States. That instrument provides before civil tribunals wherever the civil tri

All officers, soldiers, teamsters, or other persons bunals are open and are free to act.

This sec

"That no person shall be held to answer for a cap- whonisoever, receiving pay or hire in the service of

ital or otherwise infamous crime unless on a present- the United States, in connection with the Army, as tion impairs the integrity of that idea, because

ment or indictment of a grand jury, except in cases also all sutlers, traders, Army contractors, and other it does mean undoubtedly that albeit civil tri- arising in the land or naval forces.' &c.

followers of the Army, and all citizens voluntarily bunals are open, a man who might there speedily To give a military tribunal jurisdiction to

residing or entering on any of the military and Ioand effectually be tried may, nevertheless, at

dian reservations with clearly-defined boundaries, try any man for any offense, he must be in the

shall be governed by these rules and articles, and the election of his prosecutors, be brought naval or military forces. That is the plain and shall be subject to be tried by courts-martial,or milibefore a military commission and subjected to literal meaning of the provision of the Consti

tary commissions, in like manner with the officers that species of trial. Now, my suggestion is tution, and its reason is obvious. It was never

and soldiers in the service of the United States. that some qualifying words which shall reduce intended by the framers of the Constitution

That applies clearly to a state of peace, and the operation of this article within those lim- that mere civilians who had no connection with

embraces classes of persons who were not em- unbe its which can be advocated on the ground of the ny, no proper responsibility to it, should

braced by the old Articles of War prior to the necessity would be desirable, and not leave it be deprived of the trial by jury after a present

late war, and whom it was never contemplated to unrestricted except as the honorable Senator ment or indictment of a grand jury and brought

make subject to trial by courts-martial and from New Jersey has restricted it by his sug. before a military tribunal and tried by the arbi

military commissions. For instance, as I re

Mr. gestion, which I think is a very good one as trary proceedings of a court-martial. I know

marked just now, the article includes persons far as it goes, because it may still be said that that during the late war many contractors were

on Indian reservations. The military have Hr. the design is here to create a special tribunal arrested upon the ground that they had com

nothing to do with the Indians upon the rescr- sich unknown to the military law in its strict sense, mitted frauds upon the United States in their || vations. What control have they over a citizen and unknown to the genius of our Government, contracts for the Army. They no doubt were who goes upon a military reservation, for that except so far as necessity in the first instance, culpable and deserved punishment; but they

is also included? If a citizen goes upon : and legislation following that, brought it into did not merit punishment before military tribu

military reservation and commits an offense is being. nals, because they were exempt from trial by

he to be caught up and tried by court-martial I say in place of creating such a tribunal not military tribunals by the Constitution of the or military commission? That is not done only to try offenses upon which its operation | country. Sir, I never have voted, and I never

even in regard to offenses committed by solmay be necessary, but also to try oflenses wbich will vote, for any bill or any provision in any

diers in our Army; they are brought in and are tryable in theory and in actual practice | bill that will subject a civilian to trial by a

tried by the United States district courts. I elsewhere, seems to me a mistake ; and I will military court or a military tribunal of any kind.

certainly am opposed to embracing that class suggest myself, if it be agreeable to the Sena- This ninety-seventh article does. The purpose

of persons.

I want these rules and articles tor, some restrictive words, or I will leave it or the effect of it is to sanction and confirm

to relate only to officers and soldiers ; and I to him. those irregular trials during the war. Sir, it is

move to amend that article by striking out all Mr. WILSON. I ask the Senator from New one of the rights of a citizen of the United States

except the following wordsYork if he desires to move an amendment? who is not in the land or the naval service of

The PRESIDENT protempore. There is an Mr. CONKLING. I believe the amendment the Government, that if he is charged with

amendment pending. which is pending has not yet been voted upon. any offense whatever, any violation of the law,

Mr. THAYER. Very well, tben; I will Mr. WILSON. I certainly have no oljec. he shall be brought before a civil court and

move it again. tion to restricting this article within the nar: tried by a jury of his peers according to the

Mr. BUCKALEW. I move to strike out rowest limits of necessity, but I think it would modes of proceedings under the common law;

the twelfth article. be very hard to strike it out. and because this article violates that article of

Mr. WILSON. I hope not. The PRESIDENT pro tempore. The ques- the Constitution, I am opposed to it.

The motion was not agreed to. tion is on the amendment offered by the Sen- Mr. THAYER. It seems to me that this

The PRESIDENT pro tempore.

The utor from New Jersey, to insert after 'courts- article is altogther too comprehensive in its tion is on the amendment of the Senator from martial,'' in line four of the twelfth article, terms, and embraces classes of persons which New Jersey, [Mr. FreLINGHUYSEN.] the words - committed within the theater of should not be included in it. For instance, it The amendinent was agreed to.

embraces all Indian reservations, and includes Mr. BUCKALEW. Now I move to add at Mr. CONKLING. I ask the Senator from

all persous who are on Indian reservations. the end of that amendment the words and New Jersey to look at the text of the bill before The military have nothing to do with those where the civil tribunals cannot act;' so as to adopting that phraseology. He will see that reservations, and no control whatever over make the article read : the phrase is "all offenses and offenders ;'' 80 them. Why should it be made to reach them?

In time of war or insurrection military commisthat he can hardly say * committed within the I see no reason for the article itself. I cer- sions may be constituted, and shall have jurisdiction threater of war," because that would apply to tainly am opposed to taking persons who are

over all offenses and offenders against the laws of • offenders as well as "offenses." not in the military service, but are simply con

war pot cognizable by courts-martial,committed and

being within the theater of war and where the civil gest to him to vary the phraseology.

nected with it, as civilians in the employment tribunals cannot act. Mr. FRELINGHUYSEN. “Committed and of the quartermasters or commissary depart- Mr. DRAKE. I feel a great deal of disin

ments, and subjecting them to the Rules and clination to enter into any discussion with MF: BUCKALEW. Allow me to suggest Articles of War or trial by court-martial and regard to this bill; but I have seen too much an amendment in the third line, after the word military commission, I should prefer that the of the condition of things in a time of insur "offenders''

whole article should be stricken out unless it rection to allow this amendment to be adopted The PRESIDENT pro tempore. An amend- is necessary to retain a part of it.

without expressing my dissent to it. If this ment is pending,

Mr. WILSON. This artiele has nothing to amendment is inserted, in my opinion 14. Mr. B'UCKALEW. I am suggesting to the do with such persons. This article applies to article amounts to nothing, and although we Senator from New Jersey to locate it in an- civilians in no way connected with the Army. may be surrounded and confronted on every Other place. I suggest to him to insert after I should like to know how in Heaven's name side by rebellion, as we were for four years, the word offenders,” in the third line, “within we could have maintained the lives, the rights, the military power is shorn of its strength as the theater of military operations, and where and the liberties of the people over vast sec

to everybody who is not in the Army or within the civil tribunals cannot act.

tions of this country where they had no civil the immediate lines of the Army. It the amendi Mr. DAVIS. I, sir, am a worshiper of courts, or puvislied murderers or spies and ment is made, I take it that in the event of liberty according to the Constitution and the men committing every degree and grade of another rebellion it would constitute a license law. I have been protesting against the juris- crime, except by military commissions during for rebels outside of the region of the rebellion diction of military tribunals over citizens who the rebellion? This is what it means; and I

to engage in every description of scheme for

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incurrection in Virginia, and New York city is by EDMUNDS. Treason must be tried

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Mr. WILSOS. This article on fra a state of war. If the Senator na article be wil find that it is to desi of war or insurrection.

Mr. THATER. I am speaking of 129 seventh article,

Mr. WILSON. We are on 223 article.

Mr. THATER. I was aliados seventh article.

Mr. WILSON. I misunderstanden

ator; I thought he was speaking at the me ct article.

Mr. THAYER. Notar a: /modesy of

ence to it. Article nigety-seren porn

All officers, solders, tearster When ever, rece siag tay to Cullei Sates, in D** A Beatier. dessen sters of the Army, and :) reding or enter.js 03 397 da reservat: with cleanser

be governed by the talent and alte subject betrieben

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That applies clearly to a man

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bruced by the old Articles cimes laie war, and whom it was zerer

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make subject to trial by ctress military commissions. Fue iace s marked just now, the arise who on Indian reserrations. The nothing to do with the Indep?" vations. What contri hare Lei 9.6 who goes upon a military reset is aiso included? If a CLA (8.

mullary reservation and commid by

be to be caught up and tried by ex

or mintary commission? Tha: 55 Ver

€879 in regard to odenses Cats

dies in our Army; they are some isy

tried by the C'niied Suites id cerainy am opposed to em

of persuns. I want these modest to relate only to officer a more to amead that arcet.si except the following words

The PRESIDENT proteazul vih amendment pending

Mr. THATER. "lery well and

more it again.

Mr. BUCHALEN. I more on **

the twelfth aricle. 01

Vr. WiLSOS. I hope not
The motion was no: agreed bil
The PRESIDENT pre temperi

the purpose of furthering the rebellion and Mr. DRAKE. May I ask the honorable The PRESIDENT pro tempore. The ques-
aiding it with no power in the military of the Senator from New York, with regard to that, tion is on the motion to adjourn.
country to deal with them as rebels and traitors. if the operation and effect of it is to be this: The motion was agreed to; there being on a

My doctrine is that when there is an insur- that in the event of another southern rebellion, division-ayes 11, noes 6; and the Senate
rection in a country aid and comfort may be or a northern one either, away from the imme- | adjourned.
given to that insurrection from every part of diate theater of the war, those engaged in
the country, whether from the theater of war raising supplies to send to the rebels, in com- HOUSE OF REPRESENTATIVES.
or not, and that every man who engages under || municating privately information of the move.

Monday, June 29, 1868.
such circumstances in giving aid and comfort ments of the Government troops to them, or
to the rebellion, no matter whereabouts in the in any other form of treason to their country The House met at twelve o'clock m. Prayer
country he may be, should be subjected to the and Government, are to be turned over to the by the Chaplain, Rev. C. B. Boynton.
military power and brought within the range civil tribunals? Is that the effect of the hon- The Journal of Saturday last was read and
of its influence and effect; that if there is an orable Senator's amendment?

approved.

l'he SPEAKER. This being Monday, the and contriving to by a jury.

first business in order is the call of the States give aid and comfort to that insurrection, the Mr. DRAKE. To be tried by a jury of their and Territories for bills and joint resolutions military power of the Government should be own fellows in the crime, perhaps.

for reference to their appropriate committees, able to put its hand upon them there; that if, Mr. CONKLING. No, Mr. President; I not to be brought back into the House by & what is much more likely to be the case, another do not think that is the effect of the amend. motion to reconsider, commencing with the rebellion should ever spring up in the Gulf

State of Maine. ment; certainly it is not the intention of the

Under this call, memorials States, and thousands and tens of thousands amendment. The design of the amendment and resolutions of State and territorial Legis. of men in Kentucky should band together for is to provide that where there are courts which latures may be presented. the purpose of giving aid and comfort to that will act as in the Indiana case, open and ready RAILROAD SUBSCRIPTION BY GEORGETOWN,D.C. rebellion, as they did during the late rebellion to be appealed to, an appeal shall be taken to

Mr. WELKER introduced a bill (H. R. No. that we have passed through, the Government those courts in place of going before a military | 1328) to authorize the

corporate authorities of should be able to put its military hand upon tribunal in the first instance. To meet the

Georgetown to subscribe the sum of $300,000 them there. Senator's suggestion I will add to the amend

to build a branch railroad to connect said city Now, sir, for one, I do most earnestly protest ment these further words, “or shall refuse to

with the Alexandria, Loudoun and Hampshire against this emasculation of the Government administer justice ;'' so that it will read :

railroad, and to levy a tax therefor; which was of the United States in its military department Shall be interrupted or impeded by war or insur

read a first and second time, and referred to by such a provision as this. In the event of rection, or shall refuse to administer justice.

the Committee for the District of Columbia. another rebellion, what would be the value of Mr. FERRY. If the Senator rom New

W. R. SILVEY, the civil tribunals in the suppression of efforts York will allow me, I wish to make a single of traitors away from the theater of war to give suggestion. I am satisfied, from an examina. Mr. STOKES introduced a bill (H. R. No. aid and comfort to that rebellion ?

tion of the first clanse of article twelve, that | 1329) for the relief of the heirs of W. R. Silvey, Mr. WILSON. About as much as they were an effort has been made here by the Military late of company B, second Tennessee infantry; in the late rebellion.

Committee to accomplish an impossibility, to which was read a first and second time, and Mr. DRAKE. I was just going to ask how wit, to define the jurisdiction of military com

referred to the Committee on Invalid Pensions. much they were worth during the rebellion missions. Although military commissions have

WILLIAM E. BYRD. through which we have passed? Sir, they were been known both in the mother country and

Mr. BUTLER, of Tennessee, introduced a worth just about as much as the court of pie- in our own country, their jurisdiction has never

bill (H. R. No. 1330) for the relief of William poudre in England would be. Talk about been defined by statute. They grow out of going before justices of the peace and getting the exigencies of war. Their jurisdiction is

E. Byrd, of Tennessee; which was read a first

and second time, and referred to the Commitconstables to serve their warrants, and going || attempted to be defined by the law books

tee of Claims.
before criminal courts infected, perhaps, with written upon the laws of war, but it is neces-
the rebelism and treason that the man had been sarily undefined, because necessarily adapted

NANCY COOK
guilty of who was brought before them! Talk to the circumstances and exigencies which Mr. BUTLER, of Tennessee, also intro.
about going before grand juries made up of arise during times of war or insurrection. The duced a bill (II. R. No. 1331) for the relief of
sympathizers with the rebellion, as they were suggestion which I have to make is this: after Nancy Cook, of Tennessee, which was read a
found all through this country! Send there to these amendmients have been voted upon, I first and second time, and referred to the Com-
punish a rebel! Sir, I protest against this whole propose to strike out all after the word

mittee on Invalid Pensions,
thing; and if there is no other way of defeating stituted'' in the first clause, and insert" accord-
this amendment at this time I will call for a

ing to the laws and usages of war;' so that the
division of the Senate upon it, if I can get it. first clause will read : .

Mr. BUTLER, of Tennessee, also intro. The PRESIDENT pro tempore. The ques.

duced a bill (H. R. No. 1332) for the relief of In time of war or ingorrection military commistion is on the amendment of the Senator from sions may be constituted according to the laws and

Barbara Stout, of Tennessee; which was read Pennsylvania.

a first and second time, and referred to the Mr. CONKLING. Let us hear it reported. If you attempt to define it nearer than that Committee on Invalid Pensions. Mr. BUCKALEW. As the amendment you will fail.

POST ROUTE IN TENNESSEE. seems to be resisted-I understood it was sub- Mr. EDMUNDS. It is quite obvious that stantially acceded by the chairman of the Mil- we cannot get a vote to night. There is less | duced a bill (H. 'R. No. 1333) to establish a

Mr. BUTLER, of Tennessee, also introitary Committee

than a quorum here, and there will undoubtedly Mr. DRAKE. No; he objected to it. be a division. This immediate point that is post route in Tennessee; which was read a Mr. BUCKALEW. I was going to observe under discussion is one of great iinportance to

first and second time, and referred to the Com

mittee on the Post Office and Post Roads. that if it is to be resisted I shall insist upon have it adjusted with entire propriety to the dividing the Senate. It is too important a satisfaction of everybody and of all political

LIEUTENANT GEORGE A. MILLER. principle.

parties, so that there shall be no feeling about Mr. BUTLER, of Tennessee, also intro Mr. CONKLING. Let us hear it read. it. Therefore, I move that the Senate do now duced a bill (H. R. No. 1334) for the relief of The Chief Clerk ead the amendment, which adjourn.

Lieutenant George A. Miller, of Tennessee ; was to insert after the provision adopted on Mr. WILSON. I hope the Senator will which was read a first and second time, and the motion of Mr. FRELINGHUYSEN the words withdraw the motion for a moment.

referred to the Committee on Military Affairs.
" and where the civil tribunals cannot act." Mr. POMEROY. I ask the Senator to
Mr. CONKLING. I think the amendment

M'HENRY BRAY.
withdraw it. I want to have an executive
is located in the wrong place; it ought to come session for ten minutes.

Mr. BUTLER, of Tennessee, also introin after the word "shall," in the second line;

Mr. EDMUNDS. There are only twenty

duced a bill (H. R. No. 1335) for the relief so that the clause will read : Senators here. That will not do.

of McHenry Bray, late first lieutenant comMilitary commissions may be constituted, and shall, Mr. WILSON. I wanted to know of Sena- pany I, eighth Tennessee infantry; which was within the theater of war, &c. Mr. FRELINGHUYSEN. I think it would tors whether they objected to the amendment

read a first and second time, and referred to come in better there. proposed by the Senator from Connecticut ?

the Committee on Military Affairs.

Mr. EDMUNDS. That ought to be thought ARKANSAS AGRICULTURAL COLLEGE. Mr. CONKLING. Now, I will make this of a little. I am not sure that that will reach as a suggestion or substitute for the amend

Mr. HINDS introduced & joint resolution ment of the Senator from Pennsylvania, to

the object. There are only twenty Senators
come in the fourth line after the words courts-
here and there will be a division. I make the

(H. R. No. 315) to extend the provisions of motion to adjourn.

the act in regard to agricultural colleges to the

State of Arkansas; which was read a first and
But such jurisdiction shall not within the United

Mr. POMEROY. If the Senator will with-
States attach to any person disconnected with the
draw that motion we can have an executive

second time, and referred to the Committee on

the Public Lands. military service, unless the civil tribunals before

session and accomplish what we want in ten
which such person

would usually be triable shall be
interrupted or impeded by war or insurrection.
minutes.

STENOGRAPHER FOR UNITED STATES COURT.
Mr. BUCKALEW. I have no objection to

Mr. FRELINGHUYSEN. If the amend. Mr. PILE introdúced a bill (H. R. No. ment suggested by the Senator from Connecticut 1336) to provide for the employment of a is acceptable we can pass this bill.

stenographic reporter for the district court of

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Vr. BUCKALEI, Vowles** the end of that amendment the rates

where the civil tribunals cannot be ver make the article read:

Io time of war or incurratia

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Jr. DRAKE. I feel a president

to cha'ion to enter into al

ind regard to this bill; bat I bare state

of the condition of things in ses sit rection to allow this amendmenta**

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the tal

the United States for the eastern district of made no debate can be allowed, or the resolu- hundred and pineteon collection districts removals Missouri ; which was read a first and second tion must go over.

were made during the year 1867 upon the recom

Mr.SE time, and referred to the Committee on the Mr. WASHBURN, of Wisconsin.. If the

mendation of the Commissioner of Internal Revenue,

the reas

in which districts the average falling off of inter: Judiciary. gentleman will not allow a question, I hope the nal revenue, as compared with the year 1866. was

There MRS. FRANCES T. RICHARDSON. previous question will not be sustained. $160,942 81 per district; and that in the same year,

The qe 1867, removals were made in twenty collection disThe SPEAKER. If there is no objection

in the pe Mr. TROWBRIDGE introduced a bill (H.

tricts by the President, without the recommendation

: as fi R. No. 1337) granting an increase of pension the question can be entertained.

of said Commissioner, in which the falling off of rev

enue is only $46,470 37 per district: Therefore, Mr. WASHBURN, of Wisconsin. I under

TEASto Frances T. Richardson, widow of the late

Resolved, Tbat the Secretary of the Treasury be

Cake Chu Major General Israel B. Richardson ; which

stand this resolution gives this road two years directed to inform this House whether any such was read a first and second time, and referred longer time without doing any work whatever.

Videa statement was prepared by him or by his direction

from the official records of his Department, and It is now four years, and it has not struck a

Balling to the Committee on Invalid Pensions.

whether it was published by his direction, and if so,

sht
spade in the soil.
that he be further directed to furnish this House

SATS
PACIFIC RAILROAD.
Mr. PRICE. This, in fact, limits the time in with a copy of the statement so prepared. and of any

chler Mr. LOUGHRIDGE introduced a bill (H. || place of extending it, and

report made by him to the President in relation to
removals and appointments herein referred to.

Broarel R. No. 1338) to aid in the construction of a Mr. ROBINSON. I object to debate.

Resolved, That the Secretary of the Treasury

Cabb. Co! railroad and telegraph line from the Rio Grande Mr. JULIAN. I desire to amend this bill || inform this House in what collection districts re- Dla. Elde

movals and appointments of assessors and collector

Gels

. Gol to the Pacific ocean ; which was read a first by providing that the lands granted be sold to

were made, if any, upon the recommendation of the and second time, referred to the Committee on

actual settlers only, in quantities not greater || Commissioner of Internal Revenue, during the fiscal the Pacific Railroad, and ordered to be printed. than one hundred and sixty acres, and for a year 1867, the names of such officers removed and

appointed, with copies of all correspondence or NEW LAND DISTRICT IN NEBRASKA. price not exceeding $2 50 per acre.

Varsin. recommendations of said Commissioner relating

Mr. PRICE. I object. Mr. TAFFE introduced a bill (H. R. No.

thereto. 1339) to establish a new land district in the The previous question was seconded-ayes

The previous question was seconded and the dai. R31 73, noes 26-and the main question ordered ; State of Nebraska; which was read a first and

main question ordered. and under the operation thereof the bill was second time, and referred to the Committee on ordered to be engrossed and read a third time;

Mr. HOLMAN. I call for a division of the the Public Lands.

and being engrossed, it was accordingly read || question, so as to have a separate vote on the
MAJOR G. CHAPIN.
the third time.
preamble.

in B. Mr. CLEVER introduced a bill (H. R. No. Mr. PRICE. I demand the previous ques

The question was taken on the resolutions, tion on the passage.

and they were agreed to. 1340) for the relief of Major G. Chapin, United

SUTI

The question was then taken on the preStates Army; which was read a first and second The previous question was seconded-ayes

amble, and it was adopted. time, and referred to the Committee of Claims. 70, noes 28.

Mr. PIKE. I demand the yeas and nays.

Mr. ALLISON moved to reconsider the vote
KRYOLITE FREE OF DUTY.
The yeas and nays were ordered.

by which the preamble and resolutions were Mr. BINGHAM introduced a joint resolu.

D. Hcb The question was taken; and it was decided || adopted; and also moved that the motion to tion (H. R. No. 316) to admit kryolite into the in the affirmative-yeas 96, nays 33, not voting

reconsider be laid on the table. United States free of duty; which was read a 65; as follows:

The latter motion was agreed to. first and second time, and referred to the Com. YEAS-Messrs, Allison, Anderson, Archer, Arnell,

TAXATION OF INTEREST ON BONDS.
mittee of Ways and Means.
Delos R. Ashley, Bailey, Baldwin, Barnes. Beck,

Mr. COBB. I offer the following resolution,
Benjamin, Benton, Bingham. Blaine, Boles, Brom-
ORDER OF BUSINESS.

well, Buckland, Benjamin F. Butler, Roderick R. upon which I demand the previous question : The SPEAKER. The next business in Butler, Cake, Churchill, Cornell, Dixon, Donnelly,

Mr.

Resolved, That the Committee of Ways and Means Eckley, Ela, Eldridge. Farnsworth, Ferry, Golladay, order, during the remainder of the morning | Gravely, Griswold, Grover, Higby, Hinds, Hotch- be, and they are hereby, instructed to report without hour, is the call of the States for resolutions, kiss. Chester D. Hubbard, Hulburd, Humphrey, unnecessary delay a bill levying a tax of at least ten commencing with the State of Iowa, where the Johnson, Jones, Kelsey, Kerr, Ketcham, George V. per cent. on the interest of the bonds of the United call rested at the expiration of the morning

Lawrence, Loan, Lynch, Mallory, Marshall, Marvin, States, to be assessed and collected annually by the

Maynard, McClurg. McCormick, McKee, Miller, Secretary of tbe Treasury and such of his subordinhour on Monday last.

Moorhead, Mullins, Mungen, Myers, Newcomb, ates as may be charged with the duty of paying the

O'Neill, Paine, Perbam, Peters, Pile, Plants, Poland, interest on the bonded indebtedness of tbe United NORTHERN PACIFIC RAILROAD

Polsley, Pameroy. Price, Pruyn, Raum, Robinson, States.
Mr. PRICE introduced a joint resolution

Roots, Sawyer, Smith, Spalding, Stark weather,
Aaron F. Stevens, Thaddeus Stevens, Stokes, Tatře.

Mr. PRICE. I desire to ask the gentleman

The (H. R. No. 317) extending the time for the Thomas, Trowbridge, Twichell, Upson, Van Aernam, whether the resolution includes bonds held in completion of the Northern Pacific railroad; Burt Van Horn, Robert T. Van Horn, Cadwalader foreign countries? which was read a first and second time. C. Washburn, Henry D. Washburn, William Wil

Mr. COBB. It is intended to include all }iams. John T. Wilson, Stephen F. Wilson, Windom, Mr. PRICE. I demand the previous ques

ed Woodbridge, and Woodward--96.

bonds. tion.

NAYS-Messrs. Baker, Beatty, Boutwell, Cary, Mr. PRICE. It does not so specify.
The joint resolution was read. It amends

Cobb, Cullom, Delano, Eggleston, Ferriss, Garfield,
Getz, Haight, Harding, Holman. Jenckes, Julian,

Mr. ALLISON. Is that a resolution of insection eight of an act entitled “An act grant- William Lawrence, Lougbridge, McCarthy, Mercur. struction or of inquiry? ing land to aid in the construction of a railroad Niblack, Orth, Pike, Randall, Scofield, Shellabarger, The SPEAKER. It is mandatory in its

1 Sitgreaves, Stewart, Van Auken. Van Wyck, William and telegraph line from Lake Superior to Pu. B. Washburn, Thomas Williams, and James F.

character. get sound on the Pacific coast," so as to read Wilson.--33.

The question was put on seconding the preas follows:

NOT VOTING-Messrs. Adams, Ames, James M. vious question ; and there were-ayes 85, poes

Ashley, Axtell, Banks, Barnum, Beaman, Blair,
That each and every grant, right, and privilege
Boyer, Brooks, Broomall, Burr, Chanler, Reader W.

57. herein are so made and given to and accepted by said

Clarke, Sidney Clarke, Coburn, Cook, Covode, Dawes, Mr. COBB. I demand tellers. Nortbern Pacific railroad upon and subject to the

Dodge, Driggs, Eliot, Fields, Finney, Fox, Glossfollowing conditions, namely:that said company shall brenner, Halsey. Hawkins, Hill, Hooper, Hopkins,

Tellers were ordered ; and Messrs. Cobb and commence the work on said road within two years from Asabel W. Hubbard, Ricbard D. Hubbard, Hunter,

Pruyn were appointed. and after the 2d day of July, 1868, and shall complete

Ingersoll, Judd, Kelley, Kitchen, Knott, Koontz, The House divided ; and the tellers reportnot less than one hundred miles per year after the

Laflin, Lincoln, Logan, McCullough, Moore, Morsecond year thereafter; and shall construct, equip. rell, Morrissey, Nicholson, Nunn, Phelps, Robertson,

ed--ayes 55, noes 57. furnish and complete the whole road by the 4th day Ross, Schenck, Selye, Shanks, Stone, Taber, Taylor,

So the House refused to second the call for of July, A. D. 1877.

John Trimble, Lawrence S. Trimble, Van Trump, the previous question.
Mr. PRICE. May I ask a parliamentary
Ward, Elibu B. Washburne, Welker, and Wood-65.

Mr. MILLER. I move to lay the resolution question ?

So the joint resolution was passed.

on the table. The SPEAKER. The Chair will entertain Mr. PRICE moved to reco er the vote

Mr. SHANKS and Mr. HOLMAN demanded & parliamentary question. by which the joint resolution was passed ; and

the yeas and nays. Mr. PRICE. It is in reference to the busi- also moved that the motion to reconsider be Mr. GARFIELD. Is it in order to move to ness on the Speaker's table. There is on the laid on the table.

refer the resolution to the Committee of Ways table a joint resolution which has passed the The latter motion was agreed to.

and Means? Senate exactly similar to this, except that this

ENROLLED BILL SIGNED.

Mr. MAYNARD. Is it in order to move to limits the time for the completion of the road

amend the resolution so as to make it a rego; to a shorter time by one year. I desire to know Mr. HOLMAN, from the Committee on lution of inquiry into the expediency instead whether it is likely we can reach the busi- Enrolled Bills, reported that the committee had of one of instruction? uess on the Speaker's table before the 2d day | examined and found truly enrolled an act (S. The SPEAKER. It is not in order either of July? Because unless the resolution is No. 251) for the relief of Captain Charles N. to move to refer or to move to amend the rega passed by that time the charter expires. Goulding, late quartermaster of volunteers ; olution pending the motion to lay it on the The SPEAKER. Asthere is a special order when the Speaker signed the same.

table, intervening, by unanimous consent, and ques.

APPOINTMENTS AND REMOVALS.

Mr. HOLMAN. Is debate in order? tions of privilege likely to come up, there is

The SPEAKER. It is not, but the Chair some doubt whether that business will be Mr. ALLISON. I offer the following pre- is answering

parliamentary questions. If the reached.

amble and resolutions, upon which I demand motion to lay on the table shall be voted down, Mr. WASHBURN, of Wisconsin. I wish to the previous question:

a motion to refer the resolution will be in order. ask the gentleman a question.

Whereas a statement, purporting to be prepared by Mr, MILT ER. I withdraw the motion to Mr. PRICE. I do not know that I can the Secretary of the Treasury from the otficial records of bis Department, has been published in the National

lay on the table. Intelligencer, and also sent to the public through Mr. BUTLER, of Massachusetts. I re: The SPEAKER. If the point of order is the Associated Press, in which it is stated that in ono

new it.

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1868.

THE CONGRESSIONAL GLOBE.

3589

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hundred and nineteen collection distrestu me were sade during the year 1901 ano mendation of the Commisliber loerbe

in which districts the average falieg e

nal terenue, al compared with the fans $190,942 $1 per district: and that in te w

1917, reboval, were made in twenty tratting -3

trictby the President, witbout the interes

of said Commissioner, in which the fa benet T., Boue is only 346, 110 per district: Tigre

Resolved, "That the Secretary of the lege TS

directed to inform this Hoose thette 2 statement was prepared by bim or by but from the official records of bu Dari whether it was tablished by bie diretas

that be be further directed to funist tas in with a copy of the statement so prepus, mir

report made by bin to the Presidente removals and appointments herein rekeni

Remloed. That the Secretary or ili inform this Hoase in what evlete de

morals and appointments of assess at se

were idade, if any, upon the returned Fer Commajesioner of Internal Revenue, derya

Fear 1807, the name of sach oben appointed, with copies of all company recimmendations of said Connets

thereto. ses d:

The previous question was sesdir. main question ordered.

Mr. HOLMAN I call foratrani te:

yeas and

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ad question, so as to have a separa wani preambie

. The question was taken on his and they were agreed to

. The question was then take a pe ambie, and it was adopted

. M. ALLISON moved to recus2Y 5.

by which the preamble and dod' adopied; and also mored ihes 123

reconsider be laid on the table.

The latter motion was agreed to

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Means;

TAXATION OF INTEREST OF ME Mr. COBB. I offer the folders upon

which I demand the presse Resoloed, That tbe Commitee if Tou! be, and they are herebs, 105:ENU. unnecessary delay a billleryinga per ceni, on the interest of the end 12 States, to be assessed and collectA ALEB" Secretary of tbe Treasury and section ates as may be charged with the interest on the booded jodebedoen Siates.

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Mr. SHANKS and Mr. HOLMAN demanded Mr. ALLISON. The committee can report George V. Lawrence, William Lawrence, Logan,
the yeas and nays.
at any time.

Lougbridge, Marshall, McClurg, McCormick, McKee.
The yeas and nays were ordered.

Mr. BUTLER, of Massachusetts. Every

Mercur, Mullins, Mungen, Newcomb, Niblack, Orth,

Phelps. Pike, Polsley, Pruyn, Randall, Raum, RobThe question was taken ; and it was decided body knows they will not.

inson, Roots, Ross, Scofield, Shanks, Aaron F. Stein the negative--yeas 28, nays 107, not voting Mr. MAYNARD. I move to reconsider the vens, Stewart, Stokes, Stone, Taber, Taffe, Taylor,

'Thomas, Lawrence S. Trimble, Van Auken, Burt 59; as follows:

vote by which the main question was ordered ; Van Horn, Robert T. Van Horn, Van Trump, CadYEAS-Messrs. Arnell, Bailey, Banks, Boutwell,

and upon that I call the yeas and nays. That walader C. Washburn, Elihu B. Washburne, Henry Cake, Churchill, Cornell, Dixon. Driggs, Eckley, Eliot, will be a test question.

D. Washburn, Welker. William Williams, John T. Harding, Higby, Jenckes, Mallory, Mercur, Miller, Mr. ALLISON. It is no test question at all.

Wilson, Stephen F. Wilson, Windom, and Wood

ward-92.
Moorhead, Myers, O'Neill, Perham, Plants, Pomeroy,
Spalding, Starkweather, Thaddeus Stevens, William

The question was taken upon ordering the NAYS-Messrs. Allison, Ames, Arnell, Bailey,
B. Washburn, and Woodbridge-28.

yeas and nays; and there were thirteen in the Baldwin, Banks, Beatty, Blaine, Boutwell, BromNAYS-Messrs. Allison, Anderson, Archer, Delos

well, Cake, Delano, Dixon, Driggs, Eckley, Eliot, affirmative.

Garfield, Griswold, Halsey, Harding. Higby, Hooper, R. Ashley, Axtell, Baker, Barnes, Beatty, Beck. Ben

Mr. MAYNARD. I ask for tellers on order- Hulburd, Jenckes, Kelsey. Loan, Lynch, Mallory, jamin, Benton, Bingham, Blaine, Boles, Boyer, Bromwell, Buckland, Roderick R. Butler, Cary, || ing the

Marvin. Maynard, Miller, Moorhead, Myers, O'Neill,

nays. Cobb, Coburn, Covode, Cullom, Donnelly, Eggleston,

Paine, Perham, Plants. Poland, Pomeroy, Price,
The question was taken upon ordering tellers;

Sawyer. Shellabarger, Sitgreaves, Smith, Spalding,
Ela, Eldridge, Farnsworth, Ferriss, Ferry, Garfield,
Getz, Golladay, Gravely, Griswold, Grover, Haight,

and there were fourteen in the affirmative. Starkweather, Trowbridge. Twichell, Upson, Van Hawkins, Hinds, Holman, Hotchkiss, Chester D. So (the affirmative not being one fifth of a

Aernam, William B. Washburn, Thomas Williams.

James F. Wilson, and Woodbridge-54.
Hubbard, Hulburd, Humphrey, Johnson, Jones,
quorum) tellers were not ordered.

NOT VOTING-Messrs. Anderson, James M. Ash-
Julian, Kerr, Ketcham, Kitchen, George V. Law
rence, William Lawrence, Loan, Loughridge, Lyneb, The yeas and nays were not ordered, the ley, Barpum, Beaman, Blair, Brooks, Broomall, Burr,
Marvin, Maynard, McCarthy, McClurg, McCormick, affirmative not being one fifth of the last vote.

Chanler.. Churchill, Reader W. Clarke, Cook, Dawes,
McKee, Morrell, Mullins, Mungen, Newcomb, Nib-

Lodge, Fields, Finney, Fox, Glossbrenner, Hill, Hop

The question was then taken upon recon. kins, Asahel W. Hubbard, Richard D. Hubbard, lack, Orth, Paine, Pike. Pile, Polsley, Pruyn, Ran

Hunter, Judd, Kelley, Ketcham, Kitchen, Knott, dall, Raum, Roots, Ross, Sawyer, Scoñela, Shanks, sidering the vote by which the main question Shellabarger. Sirgreares, Smith, Aaron F. Stevens,

Koontz, Laflin, Lincoln, McCarthy, McCullough, was ordered; and it was not agreed to. Stewart, Stokes, stone, Taffe, Taylor, Thomas, Law

Moore, Morrell, Morrissey, Nicholson,

Nunn, Peters, The question recurred upon the motion of

Pile, Robertson. Schenck Selye, Thaddeus Stevens, rence S. Trimble, Trowbridge, Upson, Van Aernam, Van Auken, Burt Van Horn, Robert T. Van Horn,

Mr. GARFIELD, to refer the resolution to the John Trimble, Van Wyck, Ward, and Wood-48.
Van Trump. Van Wyck, Cadwalader C. Washburn, Committee of Ways and Means.

So the resolution was agreed to.
Elibu B. Washburne, Henry D. Washburn, Welker,
William Wiliams. James F. Wilson, John T. Wilson,

The question was taken; and it was decided Mr. COBB moved to reconsider the vote
Stephen F. Wilson, and Woodward-107.

in the negative-yeas 61, nays 80, not voting just taken ; and also moved that the motion to NOT VOTING-Messrs. Adams, Ames, James M. 53; as follows:

reconsider be laid on the table.
Ashley, Baldwin, Barnum, Beaman, Blair, Brooks,
Broomall, Burr, Benjamin F. Butler, Chanlor, Reader

YEAS-Messrs._Allison, Ames, Arnell, Bailey, Mr. BINGHAM. I would like to have the
W. Clarke, Sidney Clarke, Cook, Dawes, Delano,
Baldwin, Beatty, Bingham, Blaine, Boutwell, Cake,

resolution reconsidered, that it may be amended Dodge, Fields, Finney, Fox, Glossbrenner, Halsey,

Churchill, Cornell, Delano, Dixon, Driggs, Eckley,
Hill, Hooper. Hopkins, Asahel W. Hubbard. Richard

Eliot, Ferriss, Garfield, Griswold, Halsey, Higby, so as to provide that the tax on interest arising
D. Hubbard, Hunter, Ingersoll, Judd, Kelley, Kel-

Hooper, Hulburd, Jenckes, Ketcham, Loan, Lynch, from the bonds may be in lieu of the income sey. Knott. Koontz, Laflin, Lincoln,

Logan, Marshall,
Mallory, Marvin, Maynard, McCarthy, Mercur, Mil-

tax, and be the same as the tax on private McCullough, Moore, Morrissey, Nicholson, Nunn,

ler, Moorhead, Myers, O'Neill, Paine, Perbam,
Peters, Phelps, Poland, Price, Robertson, Robinson,
Peters. Plants, Poland, Pomeroy. Price, Sawyer,

securities.
Schenck. Selye. Taber, John Trimble, Twichell,

Shellabarger, Sitgreaves, Smith, Spalding, Stark- Mr. MAYNARD. I call for the yeas and nays
Ward, Thomas Williams, Windom, and Wood-59.

weather, Trowbridge, Twichell, Upson, Van Aernain,
Cadwalader C. Washburn, Elibu B. Washburne,

on laying on the table the motion to reconsider.
So the motion to lay the resolution on the William B. Washburn, Thomas Williams, James F. The yeas and nays were not ordered.
the table was not agreed to.

Wilson, Stephen F. Wilson, and Woodbridge-61, Mr. MAYNARD called for tellers.

NAYS-Messrs. Adams, Anderson, Archer, Delos
Mr. GARFIELD. I move that the resolu-

Tellers were not ordered.
R. Ashley, Baker, Barnes, Beck, Benton, Boles,
tion be referred to the Committee of Ways and Boyer, Buckland, Benjamin F. Butler, Roderick R. The motion to lay on the table the motion to
and upon that motion I call the pre-

Butler, Cary, Sidney Clarke, Cobb, Coburn, Covode, reconsider was agreed to.

Cullom, Donnelly, Eggleston, Ela, Eldridge, Farnsvious question.

The SPEAKER. The morning hour has
worth, Ferry, Getz, Golladay. Gravely, Grover,
Mr. RANDALL. Will the gentleman accept

Haight, Hawkins, Hinds, Holman, Hotchkiss, Ches- | expired.
ter D. Hubbard, Humphrey, Johnson. Jones, Julian,

RECONSTRUCTION EXPENSES.
a modification of the resolution, and instruct Kerr, Kitchen, Georgo V. Lawrence, William Law-
the coinmittee to report forth with?

rence, Logan, Loughridge, Marshall, McClurg, Mc- The SPEAKER, by unanimous consent,
Mr. COBB. To report at any time.
Cormick. McKee, Mungen, Newcomb. Nihlack, Orth,

laid before the House a communication from
Pike, Polsley, Pruyn, Randall, Raum, Roots, Ross,
The SPEAKER. By the rules they have a
Scofield, Shanks, Aaron F. Stevens, Stewart, Stukes,

the Secretary of War, asking a further approright to report at any time for commitment. Stone, Taylor, Thomas, Lawrence S. Trimble, Van priation of $5,000 for reconstruction purposes

Auken, Burt Van lIorn, Robert T. Van Horn, Van
The previous question was then seconded

in the third military district, recommended by
Trump, Van Wyck, Henry D. Washburn, Welker,
and the main question ordered upon the mo- William Williams, John T. Wilson, Windom, and Major General Meade; which was referred to
tion to refer,
Woodward-80.

the Committee on Appropriations, and ordered Mr. HOLMAN, and Mr. BUTLER of Mas

NOT VOTING-Messrs. James M. Ashley, Axtell,
Banks, Barnum, Beaman. Benjamin, Blair, Brom-

to be printed.
sachusetts, called for the yeas and nays on the well, Brooks, Broomall, Burr, Chanler. Reader W.

SIOUX INDIANS.
motion to refer.

Clarke, Cook, Dawes, Dodge, Fields. Finney, Fox,
The
Glossbrenner, Harding, Hill, Hopkins, Asahel W.

The SPEAKER, by unanimous consent, also yeas and nays were ordered.

Hubbard, Richard D. Hubbard, Hunter, Ingersoll, laid before the House a communication from Mr. WOODWARD. Is it in order to make Judd, Kelley, Kelsey, Knott, Koontz, Laflin, Lina parliamentary inquiry?

the Secretary of the Interior, transmitting a coln, McCullough, Moore, Morrell, Morrissey, MulThe SPEAKER. The Chair will answer & lins, Nicholson, Nunn, Phelps, Pile, Robertson,

letter from the Commissioner of Indian Affairs, Robinson, Schenck, Selye, Thaddeus Stevens, Taber, relative to Indian affairs in the central superparliamentary inquiry. Taffe, John Trimble, Ward, and Wood-53.

intendency, and the immediate necessity of an Mr. WOODWARD. This is a resolution So the motion to refer the resolution to

appropriation to carry out treaty stipulations of instructions.

the Committee of Ways and Means was not with certain Sioux Indians; which were reThe SPEAKER. It is. agreed to.

ferred to the Committee on Appropriations. Mr. WOODWARD. What will be the effect

The question then recurred on agreeing to
of referring such a resolution to the Committee

LEAVE OF ABSENCE.
the resolution.
of Ways and Means?
The SPEAKER. The effect will be to refer
Mr. BUTLER, of Massachusetts, and Mr.

Mr. McKee was granted leave of absence
PIKE called for the yeas and nays.

for ten days after to-morrow. it without instructions. By a parity of reason

Mr. Van Wyck and Mr. PrUys were granted ing, as the gentleman will see, when a bill is

The yeas and nays were ordered.
Mr. GARFIELD. I would suggest that the

leave of absence indefinitely,
introduced appropriating $100,000 to a person, tax on these bonds be made one hundred per
if it is agreed to by the House it becomes so

cent.
far a law; but if it is merely referred to a com-

That will fill our Treasury still more

on account of ill heaith.
mittee it is referred without instructions. This
rapidly.

EXPORTATION OF RUM.
resolution is not more mandatory than a bill

Mr. BUTLER, of Massachusetts. I desire would be.

which the resolution proposes is the same that to offer a joint resolution, to correct a mistake Mr. ALLISON. In what condition will this

the English Government imposes on its bonds. in a bill which passed the House and Senate resolution be if the motion to refer is not

Mr. BLAINE. Why not improve on the the other day. The mistake was discoyered by agreed to ?

English example and make the tax fifty per the chairman of the Committee on Enrolled The SPEAKER. The House is now acting cent., taking one half?

Bills. I ask leave to make an explanation.

Mr. COBB. I object to debate. under the previous question. If the motion to

It is a joint resolution (H. R. No. 318) to correfer is not agreed to the question will then be

The question was taken on agreeing to the rect an aet entitled "An act for the relief of

resolution; and it was decided in the affirmaupon adopting or rejecting the resolution. The

certain exporters of rum." previous question does not exhaust itself

tive-yeas 92, nays 54, not voting 48; as The joint resolution was read. It provides

upon follows: the motion to refer, if that motion is not

that the word “and” where it occurs in said YEAS-Messrs. Adams, Archer, Delos R. Ashley, act after the word “export" and before the

Axtell, Baker. Barnes, Beck, Benjamin, Benton,
Mr. ELDRIDGE. I would inquire of the
Bingham, Boles, Boyer, Buckland, Benjamin F.

words “actually contracted for be changed Chair if it is not evidently the object of gen

Butler, Roderick R. Butler, Cary, Sidney Clarke, to “or;'' so it will read, when corrected, "in. tlemen to kill this resolution by referring it?

Cobb, Coburn, Cornell, Covode, Cullom, Donnelly, tended for export or actually contracted for."

Eggleston, Ela, Eldridge, Farnsworth, Ferriss, Ferry,
The SPEAKER. The Chair cannot answer
Getz, Golladay, Gravely, Grover, Haight, Hawkins,

Mr. HOLMAN. That seems to be clerical
Hinds, Holman, Hotchkiss, Chester D. Hubbard,

error.
Humphrey, Ingersoll, Johnson, Jones, Julian, Kerr, Mr. ALLISON. I object.

nb, and,

1.1 Mr. PRICE. I desire to add to y atu, whether the resolution includes

er foreign countries?

Mr. COBB. It is intended 1 st bonds.

Mr. PRICE. It does not 0 THE

Mr. ALLISON. Is that a:

struction or of inquiry? zer,' The SPEAKER. It is subt?

character. F.

į The question was put on sentiasa 2. vious question : and ihere were seem

. in,

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Mr. COBB. I demand te mere

183 | Tellers were ordered: and large

Prtyy were appointed

.

The House divided and the

lored-ayes 55. noes 57.

the previous question.

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So the House refused to sease ! i Mr. MILLER. I more to lay the sa

; on the table. vte Vr. SHANKS and Mr. HOLIL'S ind the reas and pars.

Mr. GARFIELD. Is it is anders refer the resolution to the Consiz and Means?

Mr. MAYNARD. Is it in order to

the heart konsende inde patelni leave of absence Mr. BUTLER, of Massachusetts. The tax

be

ad of one of instruction?

on lution of inquiry into the erromeri

amend the resolution so as to make

The SPEAKER. It is not in this to move to refer or to more to 147 olution pending the motion to listii

V.

table.

agreed to.

Vr. HOLMAN, le debate in the

The SPEAKER. It is tot het om re is answering parliamentary gere

ud motion to lar on the table shall be

a motion to refer the resoluta nobeno

that question.

Mr. VIL'ER. I wibdrar the site'

by

uslar on the table.

181'i Vr. BUTLER, oi Vacanteen

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