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in the office occurring by reason of his death of that commissionership becoming vacant by or resignation, it is to be filled by appointment the death of the Commissioner during the of the President on the nomination of the Sec- recess of the Senate, the President shall not retary of War, and with the advice and consent exercise his constitutional function and power of the Senate; and no officer of the Army is to fill the vacancy. That is doing by indirection to be detailed for service as Commissioner or and obliquely what the Senate cannot dodirectto enter upon the duties of Commissioner || ly. It is worse than that; it is attempting by unless appointed by and with the advice and this bill to strip the President of his plain right consent of the Senate; and all assistant com- of making an appointment pro tempore, for the missioners are to be appointed by the Secre- time, in the event of a vacancy occurring. Sir, tary of War on the nomination of the Commis- will this party in Congress never pause? Will sioner of the bureau. In case of vacancy in it never stop in its aggressive march upon the the office of Commissioner happening during President of the United States in his constituthe recess of the Senate the duties of Com- tional power? Will it know no suspension in missioner are to be discharged by the acting | its efforts to break up the division of powers assistant adjutant general of the bureau until made by the Constitution, and absorb all the such vacancy can be filled. According to the powers of the President? I should suppose section, the Commissioner of the bureau, on the ihat it ought to be somewhat appeased by its 1st day of January next, is to cause the bureau great though temporary success; but instead to be withdrawn from the several States within of that its appetite seems to be whetted by which the bureau has acted and its operations that upon which it feeds. It only seeksto gor: discontinued as soon as it may be done without | mandize upon and absorb one executive power injury to the Government. But the educational in order to increase its appetite and its capadepartment of the bureau and the collection city to move on upon another. and payment of inoneys due the soldiers, sail- Mr. CONNESS. That is savage! ors, and marines, or their heirs, is to be con- Mr. DAVIS. Well, this is a most savage tinued as now provided by law until otherwise bill in a small way. Not satisfied with having ordered by act of Congress; but the provisions | crammed down its capacious maw the great of this section are not to apply to any State and vast constitutional powers which were sewhich shall not, on the 1st of January next, be cured by the Constitution to the President, the restored to its former political relations with little remnant of presidential power which has the Goverrnment of the United States, and be been left by its aggressions upon the President entitled to representation in Congress.

of the United States it seems determined in The bill was reported to the Senate without its voracity to wrest from the proper constituamendment.

tional officer, and to exercise it itself, or that Mr. DAVIS. When did that bill receive its

some of its minions, instead of the President, second reading? Did it receive its second shall exercise the power. Let me read this reading to-day?

clause : The PRESIDENT pro tempore. It has been In case of vacancy in the office of Commissioner read the first and second time. The question happening during the recess of the Senate, tie dunow is on ordering it to be engrossed for a third

ties of the Commissioner shall be discharged by the

acting assistant adjutant general of the bureau until reading.

such vacancy can be filled. Mr. DAVIS. I desire to make some obser. If the bill proposed to abolish the office on vations in opposition to this bill. It has been the death of the Commissioner it would be called up pretty suddenly. I will read the first

right enough ; but it continues the office after section :

the death of the Commissioner, and it provides Toilt the duties and powers of Commissioner of how the Commissioner shall be appointed; in the Bureau for the Relief of Freedmeu and Refugees shall continue to be discharged by the present Com

other words, it directs that the acting assistant missioner of the bureau, and in case of vacancy in adjutant general of the bureau shall himself act said otlice occurring by reason of his death or resig- as Commissioner. Does any gentleman connation, the same shall be filled by appointment of tend that Congress has any power to pass such the President on the nomination of the Secretary of Var, and with the advice and conseniof the Senate; a bill? Suppose such a provision as that was and no officer of the Army shall be detailed for ser- offered in relation to the other departmental vice as Commissioner or shall enter upon tbe duties

officers of the Government. Take, for instance, oi Commissioner unless appointed by and with the advice and consent of the Senate; and all assistant the Adjutant General, the Commissary Gencommissioners shall be appointed by the Secretary || eral, the Quartermaster General. Suppose a of War on the nomination of the Commissioner of

bill in relation to those and all other similar the bureau. In case of vacancy in the office of Commissioner happening during the recess of the Senate, offices was passed, that in the event of one of the duties of Commissjoner shall be discharged by those offices becoming vacant by the death of the acting assistant aujutant general of the bureau until such vacancy can be tillod.

the incumbent, it should be filled by some

named officer until it could be filled during the Now, Mr. President, that is a subterfuge to make another encroachment upon the appoint

next session of the Senate according to the

direction of the act. Can gentleinen say that ing power of the President.

that would be proper, legitimate, or constituAll assistant commisioners shall be appointed by tional legislation ? the Secretary of War on the nomination of the Coinmissioner of the bureau.

The object of this provision cannot be disThat selects the Commissioner, hiinself as

guised, and it could not be concealed if it was

attempted to be disguised. It is purely an the appointing power. The Constitution pro. vides ihat Congress may authorize the heads

electioneering office, an officer maintained at of Departments to appoint subordinate officers,

the cost of the Treasury of the United States, but it nowhere authorizes Congress to give the

and the object is to continue it under its pres- d power of nomination to an inferior of the lead

ent auspices in the interest of the party in of a Department. But, sir, the last provision

power until after the next presidential election. d in this section is the one that is most excep

Therefore, this clause provides that in the tional in its principles:

event of the office becoming vacant by the death

of the Commissioner of the Freedmen's Bureau ti In case of vacancy in the office of Commissioner

b happening during the recess of the Senate the duties

before the next session of Congress, another of Cominissioner shall be discharged by the acting

officer known to be in the interests of the party assistant adjutant general of the bureau until such in power shall assume the exercise of the duties it vacancy can be filled.

of that office, and in that way the President is b The express provision of the Constitution is to be excluded from his plain constitutional S that where vacancies in any office occur during power to fill the vacancy occasioned by the the recess of the Senate the President shall death of the incumbent during the recess of the have the power to fill them. Here is an im- Senate. portant office, not important for its duties to Sir, the provision is outrageons; it has no the country or to the Government, not import- ) authority whatever ; and Congress is not comant for the necessity of the office, but important petent to pass a law that will oust the Presiin a political point of view. Here is a sort of dent of his right to fill an office made vacant 1 politicaladjutant general denominated the Com- | by the death of the incumbent during the missioner of the Freedmen's Bureau, and this recess of the Senate, and to fill it itself by its portion of the section provides that in the event own direction, and by the designation of another

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The bill was ordered to be engrossed for a The bill was reported to the Senate, as Baldwin of Massachusetts, Mr. M. WELKER OP third reading, and it was read the third time. amended, and theamendment was concurred in. Mr. DAVIS. I believe, standing solitary

Ohio, and Mr. A. J. GLOSSBIENNER of Penn

Mr. CONNESS. I should like to inquire | sylvania, managers at the same on its part, and alone, I shall call for the yeas and ways on of the chairman who reported the bill, whether the passage of this bill. I beg pardon; I see

EDWARD B. ALLEN. this is to be a road built by private parties. one friend in his seat, [Mr. 'VICKERS.] I I understand that this is a grant of land for the

Mr. HENDRICKS. I move to take up frankly admit that I generally have to rely purposes of a common road, with the guarantee

House bill No. 1080, for the relief of Edward upon the courtesy and magnanimity of our ihat the Government shall not be charged for

B. Allen. opponents in this Chamber to sustain me in

its use.
Wbat is the condition of the com:

The motion was agreed to; and the Senate, calling for the yeas and nays. I ought to call pany or persons who are to undertake to make as in Comunittee of the whole proceeded to for the yeas and nays upon the passage of this the road? Are they to get a gift of this land,

consider the bill. It is a direction to the Pay. bill; but the men who profess to act with me are and then private persons to be charged for its

master General of the Army to pay to Edward not liere to enable me to secure the yeas and use?

B. Allen, of the State of Indiana, out of any nays, or to vote and put themselves properly Mr. WILSON. I will, in reply, call on the

money appropriated for the pay of the Army, upon the record. That is not my fault. I shall Senator from Kansas, (Mr. Ross,] who intro

the full amount of the pay and emoluments of sland

up

here, or endenvor to stand here, in duced the bill, and who knows all about ibe a captain of infautry from the 18th day of opposition to all such measures.

facts of the case, and can state them with | August to the 1st day of November, 1862. DIr. HOWARD. We are very anxious to inore precision than I can.

Mr. HENDRICKS. I will make a brief have the yens and pays on this side of the Vir. CONNESS. I will state to the Senator

statement for about a minute about this case, Chamber for the purpose of enabling the hon- froin Kansas what my inquiry was. The bill

and then if the Senator from California, (Mr. orable Senator from Kentucky to put himself proposes to make a gift of land for the purpose

COLE,] who reported adversely upon it, desir on the record. of establishing a public road to be established

its recommittal, I shall have no objection. The Several SENATORS, Let us have the yeas for that purpose, and forever securing the free

facts that I state I believe are known person. use of it to the Government. I inquire by ally to my colleague, who was the Governor Mr. COXNESS. I only desire to say that whom the road is to be established and built,

of the State at the time. I am very much astonished at my friend from and whether private persons are to be charged

Captain Allen was elected captain of his Kentucky who has belabored us so much from tolls, or under what condition it is to be used ?

company and went into the service ; but time to time for passing these Freedinen's Mr. ROSS. The design is what the bill

he was not commissioned, and therefore did Bureau bilis, that now, when we have a bill expresses--a public road for the purposes of

not receive his pay as a commissioned officer. before ns providing for its abolishment and the Government as well as of citizens. It is | Perbaps he did not desire to take his comdiscontinuance, he abuses that bill with might upon land owned by the Government, and is

mission, because at the time he was holding and main. to be free.

a lucrative county office, the office of county Mr. DAVIS. You do not dispose of it quite Mr. CONNESS. That is all I desire to

auditor, and it was supposed if he did not 80 soon as I would wish. To be sure I wish know.

take the commission and weut into the war the gentlemen many years of life: I do not Mr. ROSS. The company make the road

and discharged the duties, the county office want them to die naturally; but I do not care running through the reservation.

would not be disturbed; but the supreme how soon this concern dieg officially.

The bill was ordered to be engrossed for a

court of the State decided that the taking of The PRESIDENT pro tempore. On the

the command without a commission took away third reading, was read the third time, and passage of the bill the yeas and days are passed.

his county office. That is a fact wrich was demanded.

not kuown to the committee at the time they

MESSAGE FROM THE VIOUSE. The yeas and nays were ordered ; and being

made tlieir report. taken, resulted---yeas 34, nays 3 ; as follows: A message from the House of Representa. If upon this statement of the facts, the com.

tives, by Mr. McPherson, its Clerk, announced mittee desires the recompitial of the bill, I YEAS--Messrs. Anthony, Cattell, Chandler. Cole, Cunkiing, Conness, Cragin, Drthe, Edinands, Ferry,

that the House had passed the following bills have no objection to it; but it seems to me, Hartan, Howard, McDonald, Morrill of Maine, Mor- and joint resolutions, in which it requested the as the bill is so inconsiderable, it might as well riil of Vermont, Morton, Nye, Osborn, Patterson concurrence of the Senate;

be passed. The other House passed it, kno«; of New Hampshire, Pomeroy, Rumsey, Ross, Sherman, Stewart, Thayer, Tipton, Truinbull, Van A vill (H. R. No. 1227) to provide for the dising these facts which were not communicated Winkle, Wande, Welch, Willey, Williams, Wilson), tribution of the reward offered by the President to the committee of this body. It is simply and Yates-31.

of the United States for the capture of Jeffer. to give him the pay of the command that he NAYS-Messrs. Davis, McCreery, and Vickers-3. ABSENT-Messrs. Bayard, Buckale. Caneron, son Davis;

actually had. He went into the field and com. Corbett, Dixon. Doolittic, Fessender, Fowler. Fre. A bill (H. R. No. 1820) for the relief of L. manded a company, and was an able officer. linghuysen, Griines, Henderson, Hendricks, Howe,

Verchani & Co., and Peter Rosecraniz; His pay was not allowed him at the DepartMorgan, Norton. Patterson of Tennessee, lico, Sauisbury, Sprague, and Sumnor--20.

A bill (H. R. No. 1341) making appropria- ment because he had no commission, and be So the bill was passed. tions and to supply deficiencies in the appro

had not a commission because he held a counts priations for the service of the Government for office, which county office, worth three or four DISMISSED ARMY OFFICERS.

the fiscal year ending June 30, 1868, and for thousand dollars a year, be lost because he took Mr. WILSON. I move that the Senate pro. other purposes;

the command. ceed to the consideration of the bill (II! R. A bill (H. R. No. 1366) for the relief of

Mr. HARLAN. I ask the Senator if he No. 201) declaratory of the law in regard to Captain A. G. Olivar;

drew the pay for the county office during ang officers cashiered or dismissed from the Army A bill (H. R. No. 1370) to fix the time for part of the time for which this bill is reported ? by the sentence of a general court-martial. holding the terms of the United States district Mr. HENDRICKS. No; the litigation The motion was agreed to; and the Senate, court in Virginia;

came up, and it went to the supreme court, as in Committee of the Whole, resumed the A bill (H. R. No. 1378) to declare the mean.

and the supreme court decided that he was consideration of the bill. ing of the several acts in relation to retired

not entitled. The bill was reported to the Senate without officers of the Army;

Mir. HARLAN. For any part of it? amendment, ordered to a third reading, read A joint resolutiou (II. R. No. 288) amenda

Mr. HENDRICKS, I the third tiine, and passed.

tory of joint resolution for the reliet of ver- exact details I cannot give. The supreme tain oflicers of the Army, approved July 26,

court decided that the taking of the command PUBLIC ROAD TIROUGII A RESERVATION, 1866;

lost him bis county office. Mr. WILSON. I now move that the Sen

A joint resolution (I. R. No. 310) to extend Mr. COLE. The committee to whom this ate proceed to the consideration of the bill (S.

the provisions of the act of July 4, 1864, bill was referred had less objection to paying No. 16) donating a portion of the Fort Leay. limiting the jurisdiction of the Court of"'Clains this very small amount claimed by Mr. Allen enworth military reservation for the exclusive to the loyal citizens of the State of Arkansas ;

for his proper services than to establishing a use of a public road. and

precedent. But as stated by the Senator from The motion was agreed to; and the Senate, A joint resolution (H. R. No. 331) to grant | Indiana, it was not at the time known to the as in Committee of the Whole, proceeded to an American register to Hawaiian brig Victoria consider the bill. It provides that a strip of The message also announced that the House civil office that he was occupying. That did land one hundred feet in width along the south

bad passed the bill (S. No. 355) authorizing not appear in the papers referred to the coun ern boundary of the Fort Leavenworth military the construction of a bridge across the Mis

mittee, and the report of the committee was reservation, in the State of Kansas, extending souri river, upon the military reservation at

based upon the presumption, among otheri, from the Missouri river to the western boundFort Leavenworth, Kansas, with an amend

that he was at the time occupying a civil olive ary thereof shall be set apart for the perpetual ment, in which it requested the concurrence

and receiving compensation for that. I wil and exclusive use of a public road. of the Senate.

not insist upon a reference of the case to the The Committee on Military Affairs and the

The message further announced that the committee. Militia reported the bill with an amendment, House insisted upon its disagreement to the

Mr. MORTON, I had personal knowlelge to add to it the following words: amendments of the Senate to the bill (H. R.

of this transaction at the time it took place. It And the said road shall be and remain a public No. 344) to incorporate the Washington Tarbighway for the use of the Governmentoftue United get Shooting Association, in the District of his stated the facts correctly. Mr. Allen uit

was some time ago. I take it my colleagya States, free froin tolls or other charges upon the transportation of any property, troops, or mails of Columbia, agreed to the conference asked by

not receive actually a captain's commissiou s the United States. the Senate on the disagreeing votes of the two

the time with a view of holding on to and The amendment was agreed to. Houses thereon, and bad appointed Mr. J. D.

receiving the emoluments of the office of

suppose

not. The

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county auditor; but the supreme court decided end of said amendment add the following words: that accepting the command was equivalent to

Prooided. That the office of examiner of clioms

shall be abolished on the 301h day of June, 1869;' receiving a commission. He therefore lost the

and the Senate agree to the same as so mudified. office of county auditor, and having no com- That the Hcuse recede from their disagreement to mission he got no pay for his services in the the fifty-third amendment of the Senate, and agree to

the same with the following amendments: strike out Army. I think he ought to be paid.

of said amendinent the following words:

And for The bill was reported to the Senate without temporary clerk: $9,000;" and in line two of said amendment, ordered to a third reading, read amendmentstrike out the words "fifty-two thousand

seven bundred" and insert in lieu thereof the words the third time, and passed.

forty-three thousand seven hundred and forty;"

and the Sonate agree to the same. COMPANY F, EIGIITLENTIL INFANTRY.

That the House recede from their disagrecment to Mr. THAYER. I am directed by the Com

the sixtieth amendment of the Senate, and agree to

the same with an ainendment, as follows: strike out mittee on Military Affairs and the Militia, to of said amendment the word "three" and insert in whom was referred the joint resolution (H.R. lieu thereof the word "two;" and the Senate agree to

the sainc. No. 281) authorizing the issue of clothing to

That the IIouse recede from their disagreement to company F, eighteenth regiment United States

the sixty-third amendinent of the Senate, and agree infantry, to report it back without amendment to the same with an amendment, as follows: striko and recommend its passage ; and I ask for its

outofsaid amendmentthe words forty-two thousand

and seven hundred" and insert in lieu thereof the present consideration. It is & resolution of words " forty thousand nine hundred and twenty; but a few lines, and will occupy only the time and the Senate agree to the same. required in reading it.

That the llouse rececle from their disagreement to

the sixty-fourth anondment of the Senate, and ingreo By unanimous consent, the Senate, as in. to the same with an amendment, as follows: strike Committee of the Whole, proceeded to con

out of said amendment the word "four"and insertin sider the joint resolution. It is an authority

lieu thereof the word "ihree;"and the Senate agree

to the same. to the Secretary of War to issue to the thirty- That the lIouse recede from their disagreement to three enlisted men of company F, eighteenth the sixty-sixth amendment of the Senate, and agree regiment United States infantry, clothing in

to the same with amendments, as follows: strikcout

of said amendment the word pine" and insert in i lieu of and equal in amount to that lost by lieu thereof the word "seven;" and on page 11, line them in crossing the North Platte river, in nine of the bill, strike out the word three" and June, 1866, as shown and recommended in insert in lieu the word "five;" and the Senate agree

to the same. the report of the board of survey convened That the House recede from their disagreement to under Special Orders No.3, headquarters post

the seventy-eighth amendment of the Senate, and Fort Bridger, Utah, of date of January 24,

agree to the same with amendments, as follows: striko

out of said amendment the words one hundred" 1867.

and insert in lieu thereof the word "fifty;" and on The joint resolution was reported to the Sen- page 17 of the bill, after the word “dollars," in line ate without amendment, ordered to a third

twenty-three, add the following words: "and it shall

be the duty of the Secretary to lay before the llouse reading, read the third time, and passed. of Representatives annually with his report of re

ceipts and expenditures a statement in detail of the LEGISLATIVE, ETC., APPROPRIATION BILL.

disbursements made from the same hereby appropriMr. MORRILL, of Maine. I desire to sub

ated;" and the Senate agree to the same.

That the Senate agree to the amendment of the mit a report from the committee of conference House to the seventy-ninth amendment of the on the disagreeing votes of the two Houses on

Senate.

That the Ilouse recede from their disagreement to the legislative, executive, and judicial appro- the eightieth amendment of the Senate, and agree priation bill, which I send to the desk to be to the same with the following anendment: in line read.

two of said amendment strike out the following

words. "and fifty." The Chief Clerk read the report, as follows: That the House reccde from tbeir disagreement to The committee of conference on the disagreeing the one hundred and second amendment of the Senvoies of the two Houses on the amendment of the ate, and agree to the saine with amendments, as Scnate to the bill (H. R. No. 605) making appropria- follows: in line one of said amendment strike out tions for the legislative, exccutive, and judicial ex- tbe word "four," and insert in lieu thereof the word pepses of the Government for the year ending June "seven," and strike out of said amendment the 30, 1869, having met, after full and free couterence words "six thousand four" and insert in lieu thereof have agreed to recommend, and do recommend, to the words "eleven thousand two." their respective llouse, as follows:

That the llouse recedo from their disagreement to That the House of Representatives recede from the one hundred and cleventh amendment of the their disagreeinent to the amendments of the Senate Senate, and agree to the same with an amendinent, numbered 2, 3, 12, 18, 19, 32, 37, 39, 42, 43, 45, 46, 47, 18, as follows: strike out of said amendment the word 49, 52, 51, 57, 56,57, 58, 59, 61, 62, 65, 70, 71, 72, 73, 74, 75, nineteen," and insert in lieu thereof the word 82, 83, 85, 87, 88, 90, 91, 93, 94, 95, 97, 99. 103, 104, 105, twelve;" and the Senate agree to the same. 106, 107, 108, 109, 110, 115, 116, 117, 118, 119, 120, 121, 150, That the llouse recede froin their disagreement to 131, 132, 133, 134, 113, 145, 149, 150, 151, 152, 153, 154, 155, the one hundred and twelfth amendment of the Sen156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 168, 169, 17), ate, and agree to the same with an amendment, as 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, follows: strike out of said amendment the word 184, 194, 199, 200, 201, 202, 205, 206, 207, 208, 209, 210, 211, "thirty;" and insertin lieu thereof"nineteen;" and 212, 213, 214, 215, 216, 217, 318, 219, 220, 221, 223, and 227, on page 23 of the bill, line twenty-seven, after the and agree to the same.

word thousand” strike out the word "four" and That the Senate recede from their amendments insert in lieu thereof the word "two;" and the Sennumbered 15, 38, 50, 68, 69, 70, 77, 84, 86, 89, 92, 921. 96, ate agree to the same. 96., 99, 101, 101, 122, 123, 124, 125, 126, 127, 135, 136, 106, That the House recede from their disagreement to 107, 185, 186, 187, 197, 198, 204, and 226.

the one hundred and thirteenth amendment of the That the House recede from their disagreement to Senate, and agree to the same with the following the clereuth amendment of the Senate, and agree to amendment: strike out of said amendinent the words the same with an amendment as follows: at the end "fifty-two” and insert in lieu thereof the word of said Senate amendment add the following:" Pro- "thirty; and the Senate agree to the same. videl. That after the 30th June, 1869, members of That the House recede from their disagreement to the Capitol police shall furnish at their own ex- the one hundred and fourteenth annendment of the pense, cach his own uniform, which shall be in exact Senate, and agree to the same with an amendment as conformity to regulation, and all provisions of law follows: strike out of said amendment the words requiring an appropriation for such uniform are "Gifty-eight" and insert in lieu thereof the words is hereby repealed.

"forty-two;" and tho Senate agreo to the same. That tho House recede from their disagreement to That the House recede from their disagreement to the fourteenth amendment of the Senate, and agree the one hundred and twenty-eighth amendpient of to the same with an amendment as follows: strike the Senate, and agree to the samo with an amendment out of said amendment the word "five" and insert as follows: strike out of said amendment the words in lieu thereof the word "eight;" and the Senate "twenty-five" and insert in lieu thereof the word agree to the same.

"fifteen;" and the Senate agree to the same.

! a That the Ilouse recede from their disagreement to That the House recede from their disagreement to the thirtieth amendment of the Senate, and agree to the one hundred and twenty-ninth amendment of the the same with amendments, as follows: strike out all Senate, and agree to the same with an amendment, of said amendment and insert in lieu thereof the as follows: Strike out of said amendment the word following: “For compensation to the Private Secro- "thirty," and insert in lieu thereof the word "eighttary, assistant secretary, who shall be a short-hand een," and the Senate agree to the same. writer, two clerks of class four, steward, and mes- That the House recede from their disagreement to senger of the President of the United States, $12,500 : the one hundred and thirty-seventh amendment of Provided. That so much of the fourth section of the the Senate, and agree to the same with amendments, act of July 23, 1866, making appropriation for legis- as follows: on page 26 of the bill, line three, after the f lative, executive, and judicial expenses of the Gov. word "for" insert the following words: “Chiei Clerk crnnent for the year ending June 30, 1867, as author- $2,000;" and also strike out the word "sour" in said izes the President of the United States to appoint a amendment and insert in lieu thereof the word clerk of pardons, and one clerk of the fourth class, "three." is hereby repealed;" and the Senate agree to the That the House recede from their disagreement to same as go modified."

the one hundred and thirty-eighth amendment of That the House recede from their disagreement to the Senate, and agree to the same with an amendthe forty-first amendment of the Senate, and agreo ment, as follows: strike out seven thousand two' to the same with an amendment as follows: at the and insert in lieu thercof "five thousand four;" and

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the amendment of the House to the two hundred and Mr. CONNESS. I am satisfied.

A bill (S. No, 942) granting a pension to twenty-eighth amendmentofthe Senate, and agree to Mr. MORRILL, of Maine. I understand Thomas Stewart; the same.

E. B, WASHBURNE,
CHARLES E. PHELPS,

the Senator is satisfied that the objection is not A bill (S. No. 359) granting a pension to C. DELANO.

sound, and therefore, that unless some Sena- Louisa Fitch, widow of E. P. Fitch, deceased; Managers on the part of the House. tor desires a further explanation, I will say

A bill (S. No. 381) granting a pension to
L. M. MORRILL,

Edward Hamel, minor child of Edward Hamel,
TIMOTHY O, HOWE,
T.A, HENDRICKS,
The report was concurred in.

deceased;
Managers on the part of the Senate.

A bill (S. No. 427) for the relief of the widos

ENROLLED BILLS SIGNED. The PRESIDENT pro tempore. The ques.

and children of John W. Jameson ; tion is on agreeing to the report of the com

A message from the House of Representatives, A bill (S. No. 434) for the relief of Elizabeth mittee of conference.

by Mr. McPherson, its Clerk, announced that | Barker, widow of Alexander Barker, deceased; Mr. MORRILL, of Maine. I will make a the Speaker of the House had signed the follow- A bill (S. No. 450) for the relief of Sylvester general statement in regard to it.

ing enrolled bills; and they were thereupon Nugent; Mr. CONNESS. Let me call the Senator's signed by the President pro tempore of the A bill (S. No. 494) granting a pension to attention to one point before he begins. The Senate:

Elizabeth Steepleton, widow of Harrison W. provision in regard to advertising, as it appears

A bill (H. R. No. 373) to place the name Steepleton, deceased; to me, as I heard the latter part of it read, by of Mahala A. Straight upon the pension-roll A bill (S. No. 495) for the relief of Henry implication clearly authorizes the publication of the United States;

Reens; of such advertisements in other papers than

A bill (H. R. No. 456) granting a pension A bill S. No. 497) for the relief of Catharine those named, “unless selected by čle head of

to the minor children of Pleasant Stoops ; Wands; a Department.”

A bill (H. R. No. 518) granting a pension A bill (S. No. 498) granting a peusion to Mr. MORRILL, of Maine. No, sir. to George F, Gorham, late a private in com: Anna M, Howard;

Mr. CONNESS. I ask the Clerk to read pary B, twenty.ninth regiment Massachusetts A bill (S. No. 500) granting a pension to the latter part of that provision, and I call the volunteer infantry;

Lucinda R. Johnson; attention of the chairman to it.

A bill (H. R. No. 522) granting a pension A bill (S. No.501) granting a pension to HarThe Chief Clerk read as follows: to W. W. Cunningham;

riet W. Pond; Provided, That no advertisement to any State, dis- A bíll (H. R. No. 525) granting a pension A bill (S. No. 520) granting a pension to trict, or Territory, other than the District of Column- to Jeremiah T. Hallett;

Martha Stout; bia, Maryland, or Virginia, shall be published in the papers designated, unless, at the direction first made

A bill (H. R. No. 661) granting a pension A bill (S. No. 549) granting an increase of of tho proper head of a Department.

to the widow and minor children of William pension to Catharine Eckhardt. Mr. CONNESS. Now, sir, it appears to Craft;

A bill (S. No. 307) for the relief of certain me clearly, by implication, they may publish

A bill (H. R. No. 662) granting a pension Government contractors ; them, “if not directed by the head of a De- to the widow and minor children of George R. A joint resolution (S. R. No. 81) placing partment,'' that is under other circumstances, Waters;

certain troops of Missouri on an equal footing in any other paper.

A bill (H. R. No. 663) granting a pension with others as to bounties; Mr. MORRILL, of Maine. This report to Cyrus K. Wood, the legal representative of A joint resolution (H. R. No. 292) directing presents the bill very much as it came from Cyrus D. Wood;

the Secretary of War to sell damaged or ihe Committee on Appropriations on the part

A bill (H. R. No. 664) granting a pension unserviceable arms, ordnance, and ordnance of the Senate and as it was perfected by the to the minor children of Charles Gouler;

stores; and Senate when it was returned to the House of A bill (H. R. No. 666) granting a pepsion to A joint resolution (S. R. No. 107) in relation Representatives. It is substantially that, I Henry H. Hunter;

to the Maquoketa river in the State of lowa. will name the general exceptions in which it A bill (H. R. No. 669) granting a pension differs, and then I will notice what the honor. to the widow and minor children of Myron

TIIE FUNDING BILL. able Senator from California has drawn my Wilklow;

The PRESIDENT pro tempore. The morn: attention to.

A bill (H. R. No. 670) granting a pensioning hour having expired, the unfinished busiThe first material exception to the statement

to the widow and children of Andrew Holman; ness of yesterday is before the Senate, being I have made that this is substantially the bill

A bill (H. R. No. 521) to place the name the bill (H. R. No. 1354) to provide for the as it was left by the action of the Senate is the of Solomon Zachman on the pensiun-roll ; issue of arms for the use of the militia. appropriation for the execution of the laws in A bill (H. R. No. 673) granting a pension Mr. SHERMAN. With the consent of the regard to loans. The Senate proposed to to the widow and minor children of John S. Senator from Massachusetts, I move to postappropriate $1,500,000. This report leaves it Phelps;

pone the unfinished business and all prior at $1,250,000.

A bill (H. R. No. 672) granting a pension orders and take up the special order for one Then the Senate agreed to appropriate to the widow and minor children of Charles o'clock to-day, the funding bill. $8,000,000 for the expenses of the internal reve- W. Wilcox ;

The motion was agreed to; and the Senate, The House proposition was $6,000,000. A bill (H. R. No. 676) granting a pension as in Committee of the Whole, resumed the The committee of the Senate and the Senate to Thomas Connolly;

consideration of the bill (S. No. 207) for fund: concurred in raising it to $8,000,000. This A bill (H. R. No. 677) granting a pension ing the national debt and for the conversion of report puts it at $6,000,000 upon the ground to the minor children of James Heatherly ;

the notes of the United States. that there has been a large deduction in the A bill (H. R. No. 770) granting a pension

The PRESIDENT pro tempore. The quesa taxes, or rather in abatement of the taxes, to John H. Finlay ;

tion is on the amendment offered by the Sena. which will necessarily tend to decrease the A bill (H. R. No. 675) granting a pension tor from Ohio, which will be read. expenses, and then, as we understand, the to the widow and minor children of Cornelius

The Chief Clerk read the amendment, large reduction in the force renders it probable L. Rice;

which was to strike out all of the original bill that $6,000,000 will answer for the expenses A bill (H. R. No. 771) granting a pension after the enacting clause and to insert in lieu of that Department this year. to John L. Lay ;

thereof the following: There is one particular to which I think I A bill (H. R. No. 773) granting a pension

That the Secretary of the Treasury is hereby auought to call the attention of the Senate, and to William H. McDonald ;

thorized to issue coupon or registered bonds of the that is the Department of Education. It will A bill (H. R. No. 825) granting a pension

United States in such form and of such devominabe noticed that the original establishment of to John W. Hughes;

tions as he may prescribe, redeemable in coin at the the Department as a Department of Education

pleasure of the United States, after twenty

, thirty, A bill (S. No. 232) granting a pension to

and forty years, respectively, and bearing the followis to cease at the close of the present fiscal Henrietta Nobles;

ing rates of yearly interest, payable

semi-annually in year, that is June 30, 1869; but provision is A bill (S. No. 288) granting a pension to

coin, that is to say: the issue of bonds falling dlue in made for a Commissioner, who is to be trans

twenty years shall bear interest at fivo per cent.: Carrie E. Burdett;

bonds falling due in thirty years shall bear interest ferred to the Interior Department, and subject A bill (S. No. 282) granting a pension to

at four and a half per cent.; and bonds falling dae to the directions and authority of the head of Annie E. Dixon.

in forty years shall bear interest at four per cent. that Department, and his duties are to be those

which said bonds shall be exempt from taxation in A bill (S. No. 291) granting a pension to

any form by or under State, municipal, or local au; of the present Commissioner. Ann Kelley, widow of Bernard Kelley;

thority, and the same and the interest thereou, and Pretty much all the other amendments re- A bill (S. No. 292) granting a pension to

the income therefrom, shall be exempt from the late to the clerks in the several Departments. Maria Raftery;

payment of all taxes or duties to the United States,

other than such income tax as may be assessed upon They are limited; but it is of no great conse- A bill (S. No. 316) for the relief of Rebecca

other incomes; and the said bonds and the proceertis quence, I suppose, that I should detail the V. Senor, mother of James H. Senor, deceased ;

thereof shall be exclusively used for the redemprion, amendments in regard to those matters.

payment, or purchase of, or exchange for, an equal A bill (S. No. 318) for the relief of Charlotte

amount of any of the present interest-bearing debe Now, in regard to the question to which the Posey, widow of Sebastian R. Posey;

of the United States, other than the existing tive som Senator from California adverts, the under: A bill (S. No. 321) for the relief of Mrs.

cent, bonds and the three per cent. certificates, and standing of the committee is that all laws, Mary Gaither, widow of Wiley Gaither, de

may be issued to an amount, in the aggregate

, suitreaties, and advertisements reqnired by law

cient to cover the principal of all outstanding us ceased :

existing obligations as limited herein, and no mut to be published in the States of Virginia and A bill (S. No. 332) granting a pension to

but not to exceed $700,000,000 dollars shall be of 134

issue redeemable in twenty years. Maryland, and the District of Columbia, are Jolin W. Harris ;

SEC. 2. And be it further enacter, That there to be published in the papers which are au- A bill (S. No. 333) for the relief of Julia M.

hereby appropriated out of the duties derived tre thorized by law to make this publication. Molin;

imported goods tho sum of $135,000,000 annua's which sum during such fiscal year shall be applie

nue.

to the payment of the interest, and to the reduction It ought never to be tolerated or thought of of the principal of the public debt, in such a manner

by any one. as may be deterinined by the Secretary of the Treas

I was very much gratified, and I ury, or 98 Congress may hereafter direct; and such think that is the opinion of the whole Senate, reduction shall be in lieu of the sinking fund con- at the prompt action of the Committee of Ways templated by the fifth section of the act entitled "An

and Means on the proposition sent to them act to authorize the issue of United States notes, and for the redemption or funding thereof, and for fund- by the House of Representatives. ing the Hoating debt of the United States' approved The only way, in my judgment, to reduce February 25, 1862. Sec. 3. And be it further enacted, That the holder of

the burden of the public debt is by selling our any lawful money of the United States, to the amount

bonds at a lower rate of interest and redeem. of $1,000, or any multiple of $1,000, may convert the ing existing bonds according to the spirit and same into bonds for an equal amount, authorized by the first section of this act, under such rules and reg

terms of the law under which they were issued. ulations as the Secretary of the Treasury may pre

It can be done now. The state of the money eoribe, and any holder of any of the bonds provided market is such that we can do it now. I have for in the first section of this act, may present the same to the Treasurer of the United States and de

no doubt that a simple offer now made to the mand lawful money of the United States for the bondholders will induce many of them to principal and accruing interest thereon, and the accept bonds at a lower rate of interest, and Treasurer shall redeem the same in lawful money of the United States, unless the amount of the Uni

thus, without disturbing or affecting the public ted States notes then outstanding shall be equal to credit, reduce the rate of interest considerably, $400,000,000; and such bond shall not be so redeem- Upon another point. I have no doubt, I said able after the United States have resumed the payenent of coin for their notes.

here in January last, that the Government of Sp. 4. And be it further enacted, That any con

the United States have now the right to pay tract hereafter made specifically payable in coin the principal of the five-twenty bonds, as they shall be legal and valid, and may be enforced according to its terms, anything in the several acts relat

mature or become redeemable, in the lawful ing to United States notes to the contrary notwith- money of the United States. We have no standing.

power and no right, without violating public Mr. SHERMAN. Mr. President, I do not faith, to issue any more greenbacks, because intend to discuss the general subject of fund

the law under which our bonds were negoing the public debt. I did that in January tiated limits the amount of greenbacks to last, and have no desire to repeat the argument || $100,000,000, and we cannot violate that stipI then submitted to the Senate. I am willing ulation by increasing the quantity of greento stand on what I then said. My position backs or lawful money. But so fast as this las only been strengthened by the debates since money comes into the Treasury of the United that time.

States, either by taxes or by new loans, we Mr. POMEROY. I do not wish to inter- have a right to apply those taxes or that money rupt the Senator, but I hope he will tell us to the payment of the principal of the public wherein the first section of this bill differs from debt, precisely as we have a right to apply it the law of 1866, the present authority of the to the payment of pensions or salaries, or any Secretary of the Treasury?

other expenditure of the Government The Mr. SHERMAN. I will answer the ques- law makes no such discrimination in favor of tion of the Senator when we proceed to con- bondholders. The only discrimination that is sider the details of the bill.

made is in regard to interest. That is exRecent events, however, show the import- || pressly provided to be paid in gold coin. In ance, the absolute necessity of making some regard to the principal there is no stipulation movement toward the reduction of the interest as to the five-twenty loan. There is a stipulaon the public debt, with a view to lighten the tion in regard to the ten-forty loan, and no one burdens of the people. The Chicago conven- proposes to violate it. But the committee do tion pledged the Republican party to make not present that question. It is a question vigorous efforts to reduce the rate of interest upon which there is a difference of opinion on the public debt. The platform is familiar among men of all parties. We do not wish to wall. The majority of the House of Repre- present that question by the bill, nor does the sentatives, comprising men of both parties, bill present the question. and the recent Democratic convention at New This bill is simply an authority to the Secredura, propose to lessen the burdens of the tary of the Treasury to sell the bonds of the public debt by taxing the income from it. This United States of a specific character at a price subject is exciting a great deal of attention and that will enable him to redeem dollar for dolanxiety among the people. There is a uni- lar the outstanding six per cent. bonds of the versal demand that the burden of the public United States. It is so carefully prepared that debt, which now bears six per cent. in gold, the Secretary has no authority to sell except shall be reduced as rapidly as possible, either as he is able to redeem an equal amount, dolby funding it at a lower rate of interest, or by lar for dollar, of existing bonds. So that the taxing it in some form or other by the States question upon which there is a difference of or by the national Government.

opinion among us as Republicans and as These are questions that I do not propose Senators about the power of the United States now to discuss at any length. My convictions to pay off the bonds as they mature in lawful are that the States cannot tax the Govern- money

does not arise. ment securities. Tlc luin laws expressly pro- My own deliberate judgment, however, is bibit this. The United States has been in that we have the right to do it; and that, debt since the foundation of the Government, unless this conversion is made in a reasonable and no party ever proposed to tax the Govern- time by the voluntary action and interest of ment securities until the Democratic party pro- the bondholders, that power will be exercised. posed to do it. The courts have always held The state of the money market shows that that there is no power in a State government this is the general opinion of the commercial to tax the Government securities. It is in- world, because the difference between the tenkerent in the nature of our Government. The forties and five-twenties does not exceed three power to borrow money is a power necessary or four per cent. I have no doubt that a propto the existence of the Government, and no osition to give to the holders of these bonds a subordinate authority can affect that power. bond bearing five per cent. interest payable in It is not necessary to discuss these questions twenty years will be accepted by them; or if further than to refer to the cases, and that I not, the Secretary may go into the markets of have already done.

the world and sell these new bonds at a price Nor can the United States impose a discrim. that will enable him to take up and buy in inating tax against Government securities. in the open market the five-twenty bonds: so The United States may impose the same tax that the question about which there is a differon the income derived from Government secur- ence of opinion will be postponed. If the ities that it does on other incomes. There state of the money market will not allow him can be no objection to that. It is done by the to do this, the bill does no harm. English and other Governments. But the This bill contains four distinct propositions, United States cannot make a discriminating all of which ought to go together. The first property income tax against Government secur- is that a bond bearing a lower rate of interest ities. Such a thing would be a plain and pal- may be exchanged or sold to redeem a bond pable violation of the tenor of the loan acts. bearing a higher rate of interest. The sec

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