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Mr. POMEROY. I now offer an amend- course they became obligated to incur the ex- amendments to this bill. On page 14, at the ment to come in on the eighteenth page, im penses of the surveys at first, but they are all end of line three hundred and ten, I move to médiately after the amendment just adopted. I paid out of the sales of the lands, so that it is insert the following: I will remark that it is an appropriation which really an advance payment, as I understand. Provided, That no improvements, alterations, or lias passed the Senate during the present ses. The correction which the Senator from Iowa repairs of the Capitol building shall be made except sion, but under a misapprehension was reported has proposed to the first section by which the
by direction and under the supervision of the archi
tect of the Capitol extension. against in the House of Representatives. It sum is reduced from $27,980 50, as it stood has passed through the Committee on Public originally, to $9,000, results from the fact that
Heretofore certain repairs have been made Lands and also the Committee on Appropri- | since this estimate was made in the early part
which have been paid for out of the contingent ations. It is to insert as additional sections the of the year the difference between these two
fund of the Senate and House of Representafollowing: sums has been received out of the sale of the
tives by officers of the different branches, Sec. –. And be it further enacted, That there be, lands.
without any direction or supervision of the and is hereby, appropriated, out of any money in the Mr. HARLAN. That is for the survey of the
architect. The design of the amendment is Treasury not otherwise appropriated, the sum of Cherokee neutral lands. That appropriation
to prevent that, if possible, hereafter. $9,908 50, or so much thereof as may be necessary, to
l'he amendment was agreed to. pay balance due for the survey of lands embraced in has been passed as a separate bill. the Osage Indian reservation and the Cherokee neu- Mr. MORRILL, of Maine. The land de- Mr. CRAGIN. I offer the following amendtral lands, in the State of Kansas, under contracts scribed in this first section ?
ment, to come in at the close of the bill: dated respectively August 14 and 16, 1866, the said eum to be returned to the Treasury out of the pro- Mr. HARLAN. Yes, sir; part of the lands For expenses of the trial of the impeachment of ceeds of the sale of said lands, as provided by treaties were Cherokee neutral lands, and the treaty
Andrew Johnson, President of the United States, with said Indians.
$6,000, or so much thereof as may be necessary, to bo SEC. And be it further enacted, That the sum of
has been ratified under which money has been paid into the contingent fund of the Senate. $7,775, or so much thereof as may be necessary, is paid over, and a sufficient amount has been
I desire to state that heretofore Congress hereby appropriated, out of any money in the Treas- applied to the payment for the surveys of that ury not otherwise appropriated, to pay for the balance due for surveying several Indian reservations
part of the land. For the survey of the Osage appropriated $10,000 to pay the expenses of in Utah Territory, the survey of which was provided lands described in the first section the money
the impeachment of the President. This
amendment proposes $6,000 more. The entire for by act of Congress approved May 5, 1861.
is now lying in the Treasury; but the First Sec. And be it furiker enacted, That the sum of $39,014 03, or so much thereof as may be necessary, is Comptroller holds that it cannot be paid out
expense of the impeachment, including withereby appropriated, ont of any money in the Treas- by him without an appropriation. The proceeds
nesses, furniture, printing, and the fees of ury not heretofore appropriated, to pay for the sur- of the sales of the land are actually there. That
officers for summoning witnesses will not exvey of the Osage Indian trust lauds, ceded to the
ceed $16,000, and will probably fall a little United States under treaty concluded September 29,
is not an advance. 1865, upon a contract made with the General Land Mr. MORRILL, of Maine. So that the
short of that amount; but it is necessary that
something more should be appropriated. I Office under date of September 18.1866, and another proposition is true that it does not make an contract for another portion of said trust lands, dated
make this statement in relation to the expense May 28, 1807; which survey is according to the proappropriation to come out, except indirectly,
of the impeachment trial, and hope Senators visions of the second article of treaty concluded with from the Treasury of the United States. The
will bear what I say, that the entire expense said tribo September 29, 1865.
money here appropriated really comes out of SEC. -. düd be it further enacted, That there be,
will not exceed $10,000. the trust funds of the Indians. and is bereby, appropriated out of any money in the
Mr. MORRILL, of Maine. Are you in. . Treasury not otherwise appropriated, the sum of
Mr. HARLAN. Yes, sir; that is right. $3,362 03, to pay the balance due for the survey of the The amendment was agreed to.
structed by your committee to offer the amendlands embraced in the Omaha and Winpebago In
ment? dian reservation in the State of Nebraska, under
Mr. ANTHONY, Mr. POMEROY, and Mr. CRAGIN. It is recommended by the contract dated August 14, 1866, as provided by a others addressed the Chair.
Committee on Contingent Expenses. treaty with the Omaha Indians and authorized by Mr. POMEROY. I desire to propose another act of Congress approved July 28, 1800.
Mr. POMEROY. I suppose when the Senamendment, which is the last one I shall offer. Mr. HARLAN. The exact amount in the
ator speaks of the entire expense he has ref
Mr. ANTHONY. I want to get a chance first section of the amendment ought to be
erence to the expense to be paid by Congress. to offer an amendment while there is some Mr. CRAGIN. I mean the entire expense "59,263 85." Mr. EDMUNDS. Is that money due by money left in the Treasury; but I do not think
so far as the Senate is concerned. the contract?
I shall get the opportunity. [Laughter.] The amendment was agreed to.
Mr. MORRILL, of Maine. We are now
Mr. CORBETT. I desire to call up the disposing of the Indian funds. all done.
amendment that I offered yesterday. It is to
My amendment is to
insert on page 11, after line two hundred and insert as an additional section the following: the money to be taken out of the proceeds of
forty-two, the following: the sales?
And be it further enacted, That the Commissioner of
For construction of a building to be used as a custhe General Land Office is hereby authorized to conMr. HARLAN. This comes out of the pro- tinue the extension of the geological explorations as
tom-house and United States court-room and post
office, at Portland, Oregon, $50,000. ceeds of the sales.
begun in Nebraska under the provisions of the second Mr. POMEROY. What was the sum men.
section of ibe deticiency act of Congress, approved I desire to have a letter from the Secretary
March 2, 1867, to other portions of the public lands; tioned by the Senator from Iowa?
of the Treasury, addressed to the chairman of and for that purpose the sum of $10,000 is hereby The CHIEF CLER Nir sand two hun. appropriated out of any money in the Treasury not the Committee on Commerce, read. dred and sixty-three dollars and eighty-five otherwise appropriated.
The Chief Clerk read as follows: cents. I move this amendment at the suggestion
TREASURY DEPARTMENT, July 1, 1868. Mr. POMEROY. How did I report it? of the Commissioner of the General Land Sır: In reply to your inquiry as to the necessity
of a building for the use of the custom-house, post The Chief CLERK. Nine thousand nine hun. Office, and very many other persons who desire
office, United States courts, and internal revenuo dred and eighty dollars and fifty.one cents. to prosecute what they commenced last year. officers at Portland, Oregon. I have the honor to say Mr. POMEROY. That modification is cor.
Mr. FESSENDEN. Does it come from any that the commerce of Portland is rapidly increasing rect. I accept it. committee.
-the customs receipts alone for the past year being
upward of fifty thousand dollars in gold. Mr. HARLAN. In line seven of the first Mr. POMEROY. And to continue this geo- Thero is great difficulty on that coast in renting section of the printed amendment the words logical survey over the other Territories besides safe buildings for Government purposes, and as the " and the Cherokee neutral lands” should be Nebraska. I have to say that it does not come
papers and documents connected with the customs
and other offices, such as registers of vessels, internal stricken out.
from any committee, because it was only putinto revenue cases, &c., are extremely valuable, tho interMr. POVEROY. They may as well be my hands yesterday, and the committee have ests of the publio service demand that provision
should be made for their preservation in a fire-proof stricken out, because that part has been set- not had a meeting on the subject; but the Sen
building, tled for. If leit in, there would be no money
ator from Wisconsin and other Senators desired The necessity for buildings of this character is even appropriated for them, because that contract that this appropriation should be presented to greater in that locality than on the Atlantic coast, as has been extinguished. the Senate. It is an appropriation of only
on this coast secure and suitable structures can bo
rented for the purposes mentioned, white in Oregon Mr. HARLAN. In line eight of the same $10,000 to continue the geological survey. I none can be obtained unless erected by the Governsection the word “respectively," and also the hold in my hand Miscellaneous Document No. ment.
In view of these circumstances, therefore, and of words - and sixteenih,” should be stricken 136, sent to the chairman of the Committee on
the saving that will be effected in the rent now being Out.
the Public Lands of the House of Representa- paid for the insecure and unsuitable buildings at Mr. POVEROY. Those modifications are tives, in which the Interior Department urgeand present occupied by the various ofices, I recommend accepted. They are mere surplusage to the recommend and give very extended reasons
the erection at Portland of a substantial fire-proof
building of sufficient capacity to accommodate all language.
why this geological survey should be continued. the civil officers at that port, believing that such a The PRESIDENT pro lempore. The quesThey speak at considerable length of the course will promote both the interests of the Gov
ernment and of the city. I know of no city on tho tion is on the amendment as modified. importance of the work, and the benefits that
Pacific where the necessity for a building of this Mr. MORRILL, of Maine. I wish to explain bave already accrued to the Government from character is more pressing. to the Senate how this happens, so that they what was done last year; and they desire to A suitable building cannot, it is believed by the can see that we know something about it. This
supervising architect, be erected for less than $100,000 have a small appropriation to continue it this is a payment of money for the surveys of Indian year. I shall have discharged my duty by pre
in gold, but an appropriation of $50,000 would be
ample at present. lands. They were provided for under certain senting it to the Senate. I know no more Very respectfully,
II. MCCULLOCH, treaties made recently with the Indian tribes about it personally than any other Senator, I
Secretary of the Treasury.
Hon, Z. CHANDLER, Chairman Committee on Comfor whose benefit in part these surveys were suppose : but I have presented it to the Sen- merce, United States Senate. made. By the stipulations of those treaties ate, and hope that it may be adopted.
Mr. CORBETT. I will state that it is the the Government of the United States engaged
The amendment was agreed to. to make these surveys for the Indians, and of
intention to erect a building containing room Mr. CRAGIN. I desire to offer a couple of Il sufficient to accommodate the internal revenue
officers at this point. The collector and assessor || a young man of great ability; and the Secre- statement of my honorable friend, but still I of the State reside at Portland and have their tary is desirous of continuing this appropria. am a little in doubt what it means. I will read offices there. I have another letter here froin tion for the next year. He sets fortli abund. it for the information of the Senate. I think the Postmaster General, in which he states ant reasons for the appropriation. If any one the Senator will agree with me that it is novel. that "it is a matter of very great importance desires it, his letter can be read.
Mr. COLE. Certainly it is; it is new. that means should be taken at an early day to The amendment was agreed to.
Mr. MORRILL, of Maine. ' It reads: furnish a post office adequate to the require. Mr. MÓRTON. I gave notice some three To enable the Secretary of the Interiorments of the city of Portland and the country
or four days ago of an amendment that I should I believe that is now charged to "the Comto be supplied from it." I also left the papers offer in line four hundred and three on page missioner of Agriculture at the office of the Secretary of the Interior; 17. That clause makes an appropriation of to institute experiments for the planting and growih but Judge Otto, the Assistant Secretary, was
$15,000 for the surveys in Montana Territory, of forest trees on the treeless plains of the West, de. obliged to come to the House on some import- I move to amend it by making it $25,000. 'I I do not know what experiments the honor. ant business, and he stated to the cbairman am advised that $25,000 least will be re
able Senator refers to. I suppose he means of the Committee on Appropriations that he quired. The surveys there have just begun, the planting of trees, but how far the honor. considered it not only important but abso- and they are very much needed.
able Senator thinks it is proper for the General lutely necessary that a court-room should be Mr. COLE. I will ask what the estimates Government to enter upon the undertaking of built at this place. are?
covering the treeless plains and trackless deserts Mr. WILLIAMS. I hope that this amend- Mr. MORTON. I do not know.
of the West with forest trees, I do not know. ment will be adopted. I have made frequent Mr. COLE. I desire to know whether this \ I do not know how much information the honrepresentations to the Departments of the is up to the estimates or not.
orable Senator has on that subject, as to the necessity of such a building at Portland, in Mr. MORTON. My information is derived practicability of it, but I submit that the unior Oregon, and it has been generally understood from the surveyor general of the Territory. taking is a novel one, and if it is entered up va thai at some convenient time they would rec- The PRESIDENT pro tempore. The amend- I do not see the end of it. I am sure this is ommend an appropriation of this kind; but ment of the Senator from Indiana will be re- one of these experiments, if they are to be now the necessity bas become so obvious that ported.
regarded as experiments, which belong rather there seems to be no question anywhere with The Chief Clerk read the amendment, which
to the local communities than to the Governany Department that the construction of this
was on page 17, line four hundred and three, ment of the United States. building is necessary and proper. I will simply to strike out "fifteen” and insert “twenty- If it is to be entered upon I agree with the add that we have no public buildings in the five ;'' so that the clause will read :
honorable Senator from Illinois that it should State of Oregon, not one building of any kind
For surveying the public lands in Montana Terri
be under the care of the Commissioner of Agrior description that has ever been erected at the tory, at rates not exceeding fifteen dollars per lineal culture; but I am sure the Senate will agree expense of the Government. In the city of mile for standard lines, twelve dollars for township, with me that it would be enlarging the sphere Portland, where the United States district court and ten dollars for section lines, $25,000.
of his duties very much indeed to charge him is held, the business for that court is rapidly
Mr. MORRILL, of Maine. I believe that
with the duty of clothing the western plains accumulating. The accommodations for the amendment is in harmony with the estimates
with forest trees. If that is entered upon as from the Land Office. court at this time are exceedingly limited, and it is absolutely necessary for the United States,
The amendment was agreed to.
a policy I hardly know where it will end. The
resources of the Government of the United if possible, to hire another court-room at con
Mr. COLE. I have a little amendment to
States might be very largely taxed, I can con siderable additional expense; or to constructa
offer, to insert at the end of the bill the fol- ceive, if it should become the settled policy building for the purpose of accommodating the lowing:
annually to make appropriations ont of the When you consider the expense that To enable the Secretary of the Interior to institute Treasury of the United States to be expended the United States incurs in hiring a post office,
experiments for the planting and growth of forest
under the direction of the Commissioner of biring a court-room, and hiring the other pub.
which experiments shall be reported to Congress, | Agriculture. Not even a Newton would be lic buildings that the United States are com- $8.000.
able to accomplish that task on a great scale pelled to hire there, it will be seen that as a I asked leave to offer this amendment in the to cover these treeless plains with forest treps matter of economy it will be to the advantage Senale from the Committee on Appropriations, at anything like a reasonable expenditure from of the Government to construct this building, of which I am a member. I believe it to be a the public Treasury. for the expenses now paid amount to more than most worthy object, much desired by humani- If it is to end in an experiment only to test the interest on the money that the Government tarians and philanthropic men of our country. the practicability of doing it, and then it is to would so expend. I hope therefore that this A good inany have turned their attention to be turned over to somebody else, I can underamendment will be adopted, as I am satisfied this subject already. Those who have been stand that it might be worth while to do this. it meets the approval of all the Departments. upon the plains certainly know well the neces- Sometimes we have had experiments, I heMr. MORRILL, of Maine. I suggest a ver- sity of this proposition. In the settled portions lieve, to test the
capacity of steamships. We balamendment simply in the form of the amend- of our own country there has not been much ment. It is to insert the word "public" before || necessity for anything of this sort, but great
had several propositions before the Committee
on Commerce this year to test the capacity of the word "building;'' and also to strike out attention is given to it in the older countries; certain new improvements supposed to have the words "to be used;" so that it will be a and in this new country, where population is some adaptation to steam-engines and to the public building for a custom-louse, United now going, there is certainly very great neces- propelling power of ships upon the seas. There States court-room, and post office.''
sity that some attention should be given to it. Mr. CORBETT. Jaccept that modification.
is no end to the experiments which the Govern. This is a small appropriation asked for the Mr. MORRILL, of Maine. I do not see that
ment might enter upon if it had the curiosity purpose of carrying ou some experiments and to do so. there is any reasonable objection to this prop- testing the possibility of growing trees there. But I submit to my honorable friend whether, osition upon the evidence.
I provide in the amendment that it shall be The amendment, as modified, was agreed to.
as a practical question, this is not so new and under the Secretary of the Interior; but whether so novel and carrying the thing so far out of Mr. STEWART. On page 18, at the end
he shall make use of the funds, or the Land the ordinary track of the duties of the Comof line four hundred and eleven, I move to
Ofice department, or the Agricultural Depart- missioner of Agriculture that if once entered insert the words under the direction of the ment, or some other Department, I know not, upon it will involve the expenditures of the Commissioner of the General Land Office,'' to
nor do I care, so that the experiments are car- General Government to an amount which the make that clause correspond with the others.
It is not local in any sense; it is Senator will be very reluctant, I know, from Mr. POMEROY. The effect of that is to
national in its object. I have asked for no his habits and notions of economy and that require that the surveying of the eastern boundamendment so far as California is concerned,
strict propriety to which he holds the adminisary of Nevada shall be prosecuted under the
nor has any been asked for California; but I tration of all the Departments of the Governdirection of the Commissioner of the General believe this would be a wise measure, and I
ment, to agree to? 'I submit to him whether Land Office. I think that is very proper.
ask the Senate to look upon it in a favorable he is not opening a door here which would be The amendment was agreed to. light.
rather too broad a one for us to enter upon Mr. YATES. I move to amend the amend. Mr. STEWART. On page 13, after line
simply as an experiment? two hundred and ninety-three, I move to insert
ment by inserting Commissioner of Agricul. Mr. COLE. Mr. President the following:
ture,'' instead of Secretary of the Interior.''
Mr. MORRILL, of Maine. Will the Sen. Mining:
the Interior; but I am not particular about that. For collecting statistics of mines and mining, $5,000.
comes from? I am willing that that amendment shall be made. Mr. COLE. I mentioned it in the Commit; This amendment is recommended by the The PRESIDENT pro tempore. That modSecretary of the Treasury and the Committee
tee on Appropriations, and said there that I ification will be made.
would offer it in the Senate. has usually been appropriated ; but .it is to that the
Senate ought to adopt this
amendment || does not mean to say that it comes here with
Mr. MORRILL, of Maine. The Senator carry out the plan inaugurated by the Secre- without knowing what it is.
the recommendation of that comınittee? tary some two or three years ago under wbich Mr. COLE. I am sure anybody can know
Mr. COLE. I have stated that I had the we have the reports from Mr. J. Ross Browne. very well what it is from the reading of it.
permission and consent of the Committee on The Secretary has now appointed a gentleman There is nothing abstruse in it. It is plain and
Appropriations to offer it in the Senate. ! from New York by the name of Raymond, the simple.
mentioned in the committee that I would offer editor of the Mining Journal, a scientific man, Mr. MORRILL, of Maine. I heard the li it in the Senate, and there was no dissent.
Mr. MORRILL, of Maine. I think the where grass will grow, that has been tried over year ending Juno 30, 1969, and for other purposes, bonorable Senator mentioned the subject in and over again with success. There is not the
and to the omission therefrom of the item for copy.
right service in charge of the Patent Office, $1,800, committee, that this was a proposition that he least doubt about it. The only trouble is to
which has been the annual appropriation for that took an interest in, but I did not understand ineet the expense. The fact that trees will object for years past. the honorable Senator to invoke the judgment grow where grass and other vegetation grow
I have the honor to recommend that said omission of the committee on the subject of whether it has been established over and over again. It
may be supplied, and to submit herewith for the con
sideration of your honorable committee a draft of a could be offered here as coming from that com. is not an experiment to grow trees on the prai- section for that purpose. mittee. The proposition offered by the Sen- ries; but it may require some experiments to I am, sir, very respectfully, your obedient servant,
0. H. BROWNING, ator from Kansas (Mr. POMEROY] a few mo- grow them on what is known as the desert,
Secretary. ments ago about the geological surveys was those sandy plains where the sand drifts. Í Hon. L. M. MORRILL, Chairman of Committee on presented by the Senator from Wisconsin (Mr. confess I do not know any way to grow trees Appropriations, United States Senate. Howe] in a similar way, informally, to the there; but I suppose there may be some way Mr. MORRILL, of Maine. We bad that Committee on Appropriations, and he was told found out after a while.
letter before the Committee on Appropriathat it would require, before it could be pre- Mr. WILLIAMS. I should like to ask the tions; but it will be seen that it does not give sented here for consideration, the recommend- Senator if it would not be necessary to put much'information on the subject. We are still ation of a distinct committee outside of the some man there to take care of these trees left in the dark about the service. Committee on Appropriations. I dislike ex- while they are growing?
Mr. WILLEY. If the Senator will allow ceedingly to interrupt the progress of the mat- Mr. POMEROY. I apprehend the trouble I will give him what information I have ter in this way.
will be not to take care of them, but to get on the subject. Mr. COLE. Of course it does not come them to grow first.
Mr. MORRILL, of Maine. Certainly. from the Committee on Appropriations. If it
Mr: COLE. I doubt not there will be many Mr. WILLEY. That letter refers to the fact did, it would be in the body of the bill. It men ready to take care of them if they are that this is the usual appropriation made every comes from myself, under the circumstances I furnished with the seeds.
year for this purpose. I have only taken occahave stated.
Mr. POMEROY. If they are paid for it sion to go back two years. I find in 1867 this I am not at all surprised that the Senator | they will take care of them.
provision : from Maine, who is so much accustomed to the Mr. COLE. The people there will feel a “For expenses of receiving, arranging, and taking pine forests of that region, does not see the great interest in taking care of them themselves. care of copyright books, cbarts, and other copyright necessity of these experiments, or something
Mr. POMEROY. I do not see how we can
matter, $1,800, to be paid out of the Patent Oflico
fund." of this sort; but those who have been on the enter on this experiment, not that I do not treeless plains of the West have often ob- think it desirable. I would not like to cast a
I find exactly the same appropriation in 1866: served this great want in that region. shadow over such an enterprise ; but I do not
“For expenses of receiving, arranging, and taking
care of copyright books, charts, and other copyright I cannot state how these experiments are to apprehend that we can make any appropriation
matter, $1,800, to bo paid out of the Patent Office be carried out. I presume, however, that the for it now.
fund." Commissioner of Agriculture will expend some Mr. MORRILL, of Maine. I dislike very So that it appears that it has been considered portion of this sum, perhaps all of it, in gath- much to interfere with my friend from Califor- necessary heretofore to make this appropriaering and distributing the seeds of forest trees, nia; but his proposition does not seem to be tion for this purpose. On referring to the law which are not gathered unless for some premium, in order at present.
it will be seen that as the law formerly stood to the people who are settling on the plains. The PRESIDENT pro tempore. Unless it it was required every year that a certain return That disposition of the fund would be entirely comes from a committee it is not in order on should be made originally to the office of the satisfactory to me, and, I believe, equally sat- an appropriation bill.
Secretary of State. The old law read as follows: isfactory to Congress.
Mr. WILLEY. I offer the following amend- And it shall be the duty of the clerk of each disThe chairman of the Committee on Appro- ment, to come in on page 13, after line three trict court, at least once in every year, to transmit a priations seems to apprehend that this may hundred and five:
certified list of all such records of copyright, includ
ing the titles so recorded, and the dates of record, open the door for wide and unlimited expense. He asks where it is to end. So far as I am
For expenses of receiving and arranging and tak- and also all the several copies of books or other
ing care of copyright books, charts, and other copy- works deposited in his office according to this act, to concerned, it will end with the experiments right matter, $1,800, to be paid out of the Patent the Secretary of State, to be preserved in his office." that are made by this appropriation. It is for
It will be seen there were a great many the purpose of experiments, and nothing else ; This seems to have been inadvertently omit- books of this kind required to be transmitted and this sum is sufficient, I doubt not, to test
ted in the bill, and the attention of the Com- annually to the Secretary of State. That law the practicability of growing trees on those
mittee on Patents was called to it by a letter was subsequently modified in the act of 1859, barren plains. There it will end. No further from the Secretary from the Interior. I gave as follows: appropriation will ever be asked for, in my the honorable chairman of the Committee on
“That all books, maps, charts, and other publicajudgment. I have no belief that I shall, at Appropriations notice of this matter several tions of every nature whatever, heretofore deposited any time, ever ask for any other appropriation
days ago, and I make this motion at the in- in the Department of State, according to the laws for this end. It will end, therefore, I take it, stance of the Committee on Patents. If it is
regulating copyrights, together with ail the records
of the Department of State in regard to the same, with this appropriation, if it is made; and if required, I have here the letter of the Secre- sball be removed to, and be under the control of, tho it is not made I presume it will not end with. tary of the Interior, which can be read.
Department of the Interior, which is hereby charged
with all the duties connected with the same and out a further application from some other
The PRESIDENT pro tempore. The read
with all matters pertaining to copyright, in the saino quarter.
ing of the letter not being called for, the ques- manner and to the same extent that the Department I will state that I do not know who is to extion is on the amendment.
of State is now charged with the same: and here
after all such publications of every nature whatever pend this money, or who is to use it. I know Mr. MORRILL, of Maine. I want to have
shall, under present laws and regulations, be left with of no person, indeed, who has any desire to be a little information on this subject. I think it and kept by him." the guardian or custodian of it, or to expend
is estimated for, and I think it has been ap- It seems that it is necessary to have some it. It is to be expended under the direction propriated for heretofore; but it was not ap- person to take charge of these copyrights and of some public officer. That the object is a propriated for by the House of Representa- these books. good one I have no question. That it will tives, and not being found in the bill the
Mr. JOHNSON. I think this appropriation result in great public good and advantage to
attention of the committee was called to the l ought to be made. I deem it to be quite necesthe whole nation I do not at all doubt.
subject, and we did not have any information sary for the purpose for which it was originally Mr. POMEROY. I do not see how the Sen
which authorized us to infer that it was ne- made. The laws require that books, in order ator will get his amendment on this bill, but I cessary to appropriate $1,800 for the spe- to secure a copyright, and other inventions shall can see very well how it would be very desirable cific purpose of taking care of those copy || be sent to the Paient Office, and there be arto bave this experiment made.
rights. The Committee on Appropriations ranged. It is important to them that they The PRESIDENT pro tempore. The Chair
had no information on that subject, and so should be preserved, and be preserved in such does not understand whether exception is taken referred it to the committee of which the
a way that access can readily be had to them. to this amendment being in order or not. The
honorable Senator from West Virginia is chair- It is important, also, to the public, that the pub. Chair does not except to amendments unless man, that he might present to the Senate some lic may know whether the parties claiming the an objection is urged by some Senator.
facts to enable it to judge why, in a Depart- benefit of a patent for a discovery is entitled Mr. POMEROY. The Chair will under- ment employing so many clerks as are em- to it or not. One of the evidences of title is stand when anybody objects. It has not been
ployed there, it should be necessary to appro- the fact that the matter has been properly objected to.
priate a sum for the specific purpose of taking recorded in the office. The expense atiend. Mr. FESSENDEN. Objection was made care of these particular writings.
ing the keeping of these matters is to be paid by the chairman of the Committee on Appro.
Mr. WILLEY. About all that the Com
out of the Patent Office fund, and that is repriations, by the inquiry as to what committee mittee on Patents know about it is contained
ceived from the inventors; it does not come recommended it. No committee recommends in the letter which I send to the desk from the
out of the public Treasury. The Patent Ollice it, and there is an end of it. Secretary of the Interior.
more than supports itself; and as this is for Mr. POMEROY. I will only add that if
Mr. MORRILL, of Maine. Let it be read.
the benefit of the patentees themselves, it this means raising trees on what are known as
The Chief Clerk read the following letter:
would seem to be but just even to them, and the sandy plains, that really would be an ex
DEPARTMENT OP THE INTERIOR,
right as a matter of policy, that there should periment, although I do not know bow it could
WASHINGTON, D. C., June 24, 1863. be prosecuted very well. If it means simply
be some compensation provided for the pres.
SIR: My attention has been called to House bill an experiment to raise trees on the prairies, No.818, entitled "An act making appropriations for
ervation of all these matters upon which their sundry civil exponses of the Government for the lown tilles to their inventions depend.
Mr. HARLAN. I desire to inquire whether | books of this character, and charts, and copy.
I lave laid the facts, as be submitted them to this amount is the salary of the clerk who has | right matter. There is no doubt about that;
me, before the Senate, and the Senate can charge of these books and records.
but I submit that the clerical force which has rote the amendment in or uot; it is all alike Mr. WILLEY. This is not an appropriation, || charge of it is paid for by the general appro
to me. let it be understood; it is to authorize this sum priation bill; the clerks are appropriatet for
The PRESIDENT pro tempore. The ques. to be paid out of the Patent Office fund. Of in the general bill; and there is an uter tion is on the amendment offered by the Seacourse it requires the care and attention of absence here of any itern of expense of that
ator from West Virginia. some person, some clerk, to take charge of Department which justifies, as I submit, the The question being put, there were on a this copyright matter. appropriation of one dollar.
division-ayes 16, uoes 6; no quorum voting Mr. HARLAN. Is this the clerk's salary Mr. WILLEY. Mr. President, I took it for
Mr. RAMSEY. If the Clair will diside provided for in this way ?
granted when the Secretary of the Interior the Senate again I think it will disclose the Mr. WILLEY. I do not knowy.
thought it necessary to address a letter to one presence of a quorum. Mr. HARLAN. I suppose it to be; and if of the committees of the Senate in regard to The PRESIDENT pro tempore. If Senators so, there is hardly a doubt that it ought to be this matter, calling the attention of the com- will vote, the question can be disposed of. passed.
mittee to the fact that the usual appropriation The question being again put, the amend. Mr. MORRILL, of Maine. That is the in this behalf had been omitted, that that fact ment was agreed to ; there being, on a division trouble; it does not appear.
alone was sufficient to justify us in the belief that -ayes 20, does 9. Mr. WILLEY. This is not an appropriation, the appropriation was required, was proper to
Nr. VILLEY. I offer the following amend. be it remembered. These books and charts be made. There are a variety of duties to be ment, to come in at the end of the bill as an and copyrights must be taken care of by some performed with these records, maps, charts,
additional section: person; and to enable that to be done the per- and books, a copy of all of which that are copy. And be it further enacted, That the Commissioner son employed must be paid for. The object righted is to be sent to this Department.
of Patents be authorized to rent such rooms as mny of passing this is to avoid making a draft upon
be necessary for thospeedy and convenient transacMr. MORRILL, of Maine. Will the Sena
tion of the business of the otlice, and to pay for the the Treasury to do it; that the party who per- torallow me to inquire whether he has informa- same out of the patent fund. forms it shall be paid out of the Patent Office tion that this money is to be expended for the I will send to the desk a letter from the fund. That is the object of the appropriation. pay of any clerk there?
Secretary of the Interior, and also a letter from Mr. MORRILL, of Maine. The difficulty Mr. WILLEY. I have no direct inforina
the acting Commissioner of Patents, to be read. which the committee had still remains. The tion how it is to be expended, or in what I will send the printed copy of the same letters Senator from Iowa raises the point precisely. manner it is to be expended. I suppose that that were sent to the House of Representaof embarrassment in the case. It does not is a matter wholly under the direction and tives ; it will be more easily read. I bave the purport to be an appropriation for a clerk, and within the discretion of the Secretary of the originals here. the Senator from West Virginia does not un- Interior. As I read to the Senate just now, it The Chief Clerk read the following letters: derstand that it is to pay the salary of a clerk. is made the duty of the Secretary of ihe Inte.
DEPARTMENT OF THE INTERIOR, If it were so, of course it would say so; but rior to see that these books, these maps, these
WASHINGTON, D. C., April 17, 1808. the language of the appropriation itself nega- charts, these copyrights are received ; ihat they SIR: The acting Commissioner of Patents, in a lettives ibe idea that it is for a clerk. It is for are filed ; that they are indorsed ; that they are
ter dated the 15th instant, has brought to my notice " expenses.' Expenses for what? Not for a preserved. The language of the law is :
the present state of the business pending before his
oflice, and the absolute necessity which exists for iaclerk; but " expenses of receiving, arranging, “Andit shall be theduty of theclerk of each(listrict
creased accommodation for the cxamining and clerand taking care of copyright books, charts, court, at least once in every year, to transmit it certi
ical force under his control. and other copyright matter." What are those fied list of all such records of copyright, including
Applications for patents have been and are rapidly expenses? They are not the payment of a the titles so recorded and the dates of record, and
increasing; the number received during a given time also all the several copies of books or other works
at the present being quadruple the number received clerk. What are the expenses incident to deposited in his office according to this act to the
during a like period a few years ago, necessitating receiving books and other copyright matter? Secretary of State, to be preserved in his office."
increased clerical force and corresponding room.
The business of the Patent Onice cannot bo properly The Government provides a building for them, Now they are required to be sent to the and successfully transacted silhout increased accomthe Patent Office. Of course there is no ex- Secretary of the Interior, Now, sir, does it
modations in room, and that cannot be had without pense for rent. The Government provides for require anybody to inform the Senator from
renting a building cuntiguous, it possible, to the De
partlaent for the use of the Pension Bureau. that out of the general appropriation. The Maine that it will need some person to do this? I inclose herewith a copy of the acting CommisGovernment employs all the clerks and pays Why, sir, how many books are copyrighted
sioner's letter, from which it is obvious that without all the clerks that I know of, that are neces. within a year? How many maps; how many
increased facilities it will be impossible for his otice
to meet the just expectations of a class of peoplo sary for this or for any other work. The lan- charts; how many of these lists are sent from whose claims are entitled to cxcmption from the guage of the appropriation itself negatives the the district courts that are to be filed, that are
tedious deluys to which such an increasing accumuidea that it can be for any clerical service. to be labeled, that are to be used afterward as
lation of business will inevitably and unavoidably
subject them. The difficulty in this case is there is not the matter of evidence, as matter of history? They I earnestly commend the subject to the favorablo slightest speciication or the slightest iuforia- must necessarily be put in order; they must
consideration of Congress, and respectfully request tion about it; and my honorable friend from be filed; they must be preserved. There must
that authority be given to rent a suitable building
for the purposes above indicated, and tnat adequate lowa, who has had charge of that Department, be an index to them. It is made the duty of approprialion may be made theretor. to the satisfaction of the country, I am very glad the Secretary of the Interior to do this. Any
I have the honor to be, very respectfully, your to say, does not hinuself know. He seems to
obedient servant, person must see that it will require at least one
0. H. BROWNING, Secretary. think it is for a clerk; but it is not for a clerk. clerk, if no more, to discharge these duties. HIon. SCHUXLER COLFAX, Speaker House of RepresentIt is so much money, $1,800, drawn from the I did not say that this was not an appropri- utivce, Washinglon, D. C. Patent Office fund for a class of expense which ation, but I did say it was not an ordinary it is not possible for me to conceive really can
PATENT OFFICE. appropriation ; it was not a draft to be made exist there. It may be all right; I am not upon the Treasury which is raised by taxes;
WASHington, D. C., April 15. 18is. saying it is not; but the Committee on Appro- | but it is to come out of the Patent Office fund.
Sir: Allow me to earnestly invite your attention
to the great liecessity which now exists for more priations on the part of the House having left That, in fact, is the point of this whole amend- rooms for the use of this otlice, and to invoke your it out, and there being nothing but the former ment. It seeks to relieve the general Treasury
assistance in the premises. appropriaiion on the subject, and no informa- from the burden of this duty and wishes to pay
It is a fact that while the business of the office has
increased gradually since 1861, until it is now nearly tion whatever about it, the Committeeon Appro- | the expense of doing it out of the Patent Ollice fourfold as great as it was then, the number of rooins priations turned it over to the Committee on fund.
has been scarcely increased at all. We have 10w Patents in the hope that that committee would I cannot imagine that the Secretary of the
twenty principal examiners, as many first assistant
examiners, and a like number of second assistant find some item of expenditure which might be Interior would have taken the pains to send a examiners; and cach principal examiner, with his charged to the Patent Office fund. letter here to the cominillee, asking them to
two assistants, with the addition of one and someThe Senator from West Virginia thinks that incorporate in the bill the ordinary appropria
times two clerks, occupies batone room. In tbis one he has stated a justification for this appropria
room the principal examiner conducts his examination, which, it seems; has been appropriated tion of applicatiops for patents, while both his assisttion when he says that it is not an appropria- | in the appropriation acts for many years past,
ants are engaged upon other applications under liis tion. The honorable Senator moves it on an without any question or objection-1 caunot
The models, drawings, and papers of these appliappropriation bill, and if it is not an appropri- || imagine tbat he would desire an appropriation cations have to be exposed to view in the same room, ation why should it be moved on this bill? to be made, to be placed under his control,
while the agents, attorneys, and parties are admitted The truth is, Mr. President, it does appropriate unless it was for an honest and fair and neces
to wake their inquiries, explanations, and argu:
ments. Of course, while an argument is hoing made so much money, and it appropriates it out of
sary purpose. Therefore I did not think it by a party or attorney before the principal crum the Treasury of the United States ; for this necessary to go and inquire whether these iner, both his assistants engaged in otber work are
more or less disturbed by it. They inay be in fact money, although called the Patent Office fund,
duties were discharged by a clerk or by the engaged in hearing other arguments at the same is really in the Treasury of the United States, Secretary of the Interior himself, or by whom time. Confusion and loss of time and efficiency must and not one dollar of it can be taken out except they were discharged. Most unquestionably
be the consequence, upon a specific appropriation of this character. they must be discharged by some subordinate
Still another flagrant evil is the result of the
crowded condition of these rooms, which is, that Now, I state to the Senator from West Vir- employé in the Department. Whether he is a attorneys aud parties do see and hear things which ginia that there does seem to be here an en- clerk, or what you may call him, I do not
do not concern them, and wbich therefore they ought tire absence of all information whatever which know.
not to see or hear, and some of them do and will
take a dishonorable advautage of the knowledge thus authorizes an appropriation for the expenses It is a matter of entire indifference to me obtained. Thus innocent pirties may be injured and of receiving, arranging, and taking care of whether this amendment is inserted or not.
scandal entailed upon the office. copyright books. I dare say that ihey have || At the request of the Secretary of the Interior
From this showing it would follow that at least two rooms ought to be allowed each principal esaniner, bis assistants and clerks, their models, drawings, and papers.
But two of our examiners at this time have each a room of only half the ordinary size.
The business of this office is constantly and rapidly increasing, and there is a pressing necessity now that the number of examiners should be increased to at least twenty-five of each grade. This increase has been so enormous that examiners are gradually falling in arrears with their work in spite of the most determined efforts to keep itup. This state of things is greatly injurious to inventors and embarrassing to the office.
To give you an idea of this increase I will state that the reports for January, February, and March, 1868, show that the pumber of applications received during these months averages over two thousand per month. The number in March alone was two thousand three hundred and fifty-two. If we had a few more rooms now I could, by detailing first assistants to act as principal examiners, arrest the increase of arrears until such tiine as Congress would pass an act to increase the number of examiners,
Other branches of the service in this office are suffering likewise for the want of space. From ten to fifteen more rooms are needed for them. A single room has been occupied for moptlış by ten clerks.
A large fire-proof building has been erected just across G street from the Pacent Office building for the especial object, as I am iufortucd, of letting it to this Department or somo of its bureans.
Iam informed that someone or otherof the bureang in this department might be removed wholly or in part to such a building as that above mentioned without injury to the public service, and that all that is wanting to effect an arrangement is the money whcrewithal to pay the rent.
Now, if this be the state of the case, I hope you will urge upon Congress the expediency of making an appropriation to pay the rent. Very respectfully,
A. M: STOUT,
Acting Cmmissioner, Hon. 0. II. BROWNING, Secretary Department Interior.
Mr. WILLEY. These papers were referred to the Committee on Patents, and a sub-com. mittee was appointed to confer personally with the Secretary of the Interior and also to make personal examination of the convenience of ihe Patent Office and to see whether the representations made by the acting Commissioner there were as stated. Accordingly the Senator from Connnecticut [Mr. FERRY] and myself made a personal visit to that establishment, had a conference with the acting Commissioner, and visited several of the rooms. We found in some rooms as many as eight and ten clerks in a room of ordinary size, all work. ing together. We found that it was necessary for two sets of examiners to be going on at the same time in the same room as stated by the acting Commissioner. On conferring with the Secretary of the Interior he said that the business of the Patent Office could not be conveniently carried on without more room ; that there were too many clerks for health and comfort and convenience and the expeditious per. formance of duty in many of the rooms; and that the secrecy that ought to be preserved on the part of the examiners could not be maintained ; and it was his decided opinion that authority should be granted to some one to rent additional rooms. An effort was made to see if in some of the other bureaus rooms could not be procured, and we found that it could not be. We supposed that perbaps when the Agricultural Bureau was removed that would make sufficient room ; but we found on examination that such would not be the fact, The Secretary of the Interior said it would not be; the acting Commissioner said it would not be; and to show you what efforts were being made among the different bureaus to see if accommodations could be procured, I will send to the deak a letter from the Commissioner of the General Land Office and ask that it be read.
The PRESIDENT pro tempore. The letter will be read if there be no objection. The Chief Clerk read as follows:
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE, April 18, 1863. Sir: I have the honor to acknowledge your refercuce of communications from Hon. A. M. Stout, acting Commissioner of Patents, in which he makes application for rooms, No. 56, 58, and 60, in this office, for the exclusive use of the draughtmen's division of the Patent Office.
In reply I have to state that those rooms have been for several years past, and are now used and occupied by this office for the division of public lands; and ten clerks engaged in important correspondence, posting returns from district land offices, &c., have their desks, books, files, and papers therein, amounting to more than sixteen hundred volumes of tractbooks and abstracts, and twenty thousand homestead cases with accompanying papers.
Book and file cases surround the walls of the rooms plate that perhaps they may, that would do occupying every available space, and the records away with the necessity of occupying the rooms therein are hourly consulted and referred to by the
that the Indian department now occupies, and twenty-nine gentlemon composing the division of public lands,
they might be used for the accommodation of There are no other rooms in this office in which the the clerks of the Patent Office. The Commit. records and papers mentioned can be placed, and no
tee on Indian Affairs, however, withhold that other place to which the desks of the clerks engaged therein can be transferred.
measure, and I do not know what disposition This office has need of additional room, In the may be made of it. If the Bureau of Refugees, year 1861 tho Patent Office took possession of threo
Freedmen, and Abandoned Lands, now organrooms, and subscquently the Pension Office has taken two rooins which belonged to this office, making it ized in the War Department, will take charge necessary to remove our clerks, files, and cases to of the Indian department there might be room inconvenient and inappropriate quarters, notwithstanding the several acts of Congress relating to the
enough for all the officers of the Patent Office homestead, agricultural college, mining, and other in the present building. I do not object to landed interests made it necessary that we should this amendment; but I do not see the necessity greatly increase the capacity of our file-room, as well as to add to our clcrical force.
of joining two committees to say how much rent I have, therefore, the honor to report that it will shall be paid. I should suppose that one combe impossible to comply in this respect with the mittee in connection with the Commissioner request of the honorable acting Commissioner of Patents.
of Patents might decide that; but if the SenaWith great respect, your obedient servant,
tor thinks it needs two committees to decide JOS. S. WILSON, that question, I shall make no objection. Commissioner.
The PRESIDENT pro tempore. The SenIIon. 0. II. BROWNING, Secretary of the Interior.
ator from Maine proposes to amend the amendMr. WILLEY. I learn that there are thirty ment so as to read: or forty clerks now in the Pension Office who
That the Commissioner of Patents be authorized to are working outside the building and cannot rent, under the direction of the Committees on Paibe provided with rooin in it.
ents of the Senate and House of Representatives,
such rooms as may be necessary for the speedy and Mr. MORRILL, of Maine. I will suggest convenient transaction of the business of the office, an amendment. I see that there is no limita- and to pay for the same out of the patent fund. tion whatever on the power of the Commis- The amendment to the amendment was sioner as to the number of rooms to be hired, | adopted. or the amount to be paid. The Senator ob- The amendment, as amended, was agreed to. viously has examined into this matter with his Mr. HARLAN. I believe I have the concommittee, so that he understands the neces. sent of the chairman of the Committee on Apsities of the Department; and I suggest that propriations to offer the following amendment the hiring should be by the Commissioner, with to aid in the erection of school-houses in the the approval of the Committees on Patents of
District, outside of the cities of Washington the Senate and the House of Representatives.
and Georgetown; it is to come in after line I want to say a word further. I am a little four hundred and eighty-nine : surprised -I have no doubt of the accuracy For the purchase of suitable sites for the erection of the information, and it is only because I of additional school-houses and for the maintenanco was not aware of it that I am surprised-at of schools in the county of Washington, outside of the condition in which the public work seems
the limits of the cities of Washington and Georgo
town, $10,000, the same to be expended under the to be in the ofhice of the Interior Department. direction of the levy court of the county of WashingI suppose the building was originally designed ton, subject to the approval of the Secretary of the
Mr. MORRILL, of Maine. I would like to
ask the Senator whether the Committee on the of it now, and the Patent Office proper is very
District of Columbia have considered that quesmuch crowded, I have no doubt. I under
tion, and what is the necessity of this approstand that a large number of the clerks of that office are now actually in buildings en.
priation ? tirely independent of the Patent Office proper;
Mr. HARLAN. It has been considered by but I had supposed that when the new build.
the Committee on the District of Columbia and ing was erected for the accommodation of the
unanimously approved. Commissioner of Agriculture there would be
Mr. MORRILL, of Maine. The Senator will abundant accommodations for the Interior
recollect probably that within the last five years Office proper and the Patent Office.
a similar sum has been appropriated to this Now, on this amendment we have this gen
Mr. HARLAN. I will state to the Senate eral proposition to consider: how long it will be found to be for the interests of the Govern
the necessity for this. It grows out of the ment to hire rooms independent of the Gov
destruction of property outside of the limits of ernment buildings, and at such rates and
the city during the progress of the war. While under such circumstances and charges as may
property inside of the cities was preserved by be imposed upon us; or how soon we shall be the presence of the Army it is known to ay obliged to encounter the general proposition
of us that they overran the plantations outof making a building for the Interior Depart- side; fences were destroyed; orchards were ment proper. I desire that this amendment destroyed; buildings were torn down. "Al. shall be made that for the time being whatever is though the levy court now levy the ultimate done in the way of renting rooms shall be sub.
tax which they can levy under the law, it does ject to the approbation of the joint Committee
not enable them to erect enough school-houses on Patents. I hope there will be no objection
to accommodate the children.
Mr. EDMUNDS. Why not change the law. to that. Mr. POMEROY. Why not say "the ap
and make them levy more? proval of the Committee of the Senate?'' Why they now need a little help in order to bring
Mr. HARLAN. We intend to do that; but say "joint comunittee?'' Mr. MORRILL, of Maine. I suppose it
them up. The valuation of property has greatly should be the joint committee.
decreased, and the number of poor people living Mr. POMEROY. I have had my attention
in that part of the District has been greatly called to the fact that more rooms are needed, augmented. Very many laborers and people and I know myself that there are more clerks engaged in humble employments have settled in a room than can conveniently attend to
outside of the corporate limits of Georgetown their business; lut whether that will continue
and Washington in order to find homes at a so always I do not know. The business has
cheap rent, who are unable to pay any tax. I very much increased the last few years. They do not think any Senator, if he were familiar are doing a great deal more now than they were
with the condition of the District, would object during the war; but if the Indian department to furnishing this slight aid. I believe it is the should move ont of the Patent Office building; only bounty
we have asked for the District for if the Indian department should be put into
this session, the hands of the Freedmen's Bureau, there
The amendment was agreed to. would then be vacant rooms. If the Freed- Mr. HARLAN, I offer this as an additional meu's Bureau of the War Department should section : have charge of Indian matters, as I contem. And beit further enacted, That the city of George