If either my colleague or any other gentleman of the House can tell me how much these incidental and miscellaneous items will amount to for the next year, I will vote with them to. fix them at that sum; but if they cannot it is their duty, I say, as it is mine, to accept the estimates made by the officers of the Senate and House as the probable amount that will be required.

Mr. DRIGGS. At the last session of Congress we made an appropriation of $12,500 to rebuild the President's stables. I would inquire of the gentleman from Iowa if he has any information leading him to know what amount of that appropriation has been expended, for it seems to me, looking at the condition of the walls of those stables after they were burned, eight or ten thousand dollars was all that was required to rebuild them.

We have heard nothing in reference to the manner in which that appropriation has been expended, and I would like to know how the matter stands.

Mr. KASSON. I shall be obliged to refer my friend to the auditor having charge of that portion of the expenditure of the Government, and to the Committee on Expenditures appointed by this House, as that matter does not come within the province of the Committee of Ways and Means.

Mr. PRICE. I wish to say a word in reply to the gentleman from Vermont.

Mr. KASSON. I yield the floor to my colleague.

Mr. PRICE. I have but a word to say, and I should not have said that word but for a remark or two which fell from the gentleman from Vermont that I think were entirely irrelevant to the question before the committee. It is true that the residents of my district, the men that I represent, do not pay all the taxes to support this Government. If that item of information is of any value to the gentleman from Vermont he now has it. But I want to say that no constituency, in proportion to their means and ability, pay any more of the expenses of this Government than do my constituents. They fight well, they vote well, and they pay well. If you want any better constituency than that, I do not think you can find it even in the mountains of Vermont.

But the gentleman makes another observation: he says that there is a similar appropriation made in this bill for the House. Ay, sir, that is the point. Pass this appropriation for the Senate, an appropriation of $30,000 for what you do not know anything about, and when you come to the similar appropriation for the House, if there is any attempt to resist the appropriation of $30,000 for the House, it will be said, "Oh, you have voted $30,000 for the Senate, and established the precedent, and therefore you must vote $30,000 for the House; because you have done one wrong you must do another."

Now, I never was educated in that school and do not understand that way of doing business. Show me what you want this money for and that it is necessary for the purpose of carrying on the machinery of the Government, and I will vote for every dollar that the Committee of Ways and Means ask, and then I can go home to my constituents and ask them to stand any kind of taxation. But do not ask me here now, or at any other time, or in any other place, to vote one dollar or one cent unless I can be assured by some gentleman who is presumed to know something about it, that the money is absolutely necessary for the purposes of the Government.

one would think of unless he read it. Every conceivable item is specified, and then you put in an item of $30,000 for this end of the Capitol and $30,000 for the other, making $60,000 to be expended, and not a man above ground, not a man for. You ask men in their sober senses to vote $60,000 without knowing what sixty cents of it is for. I am utterly astonished, perfectly surprised. I would not be so much surprised but that the same thing is done here time and again. I undertake to say that if gentlemen look through this appropriation bill, they will find other items of a kindred character. I hope the House will not vote anything unless they know what it is for. I ask for tellers on my amendment.

Tellers were ordered, and Messrs. PRICE and MORRILL were appointed.

The committee divided, and the tellers reported ayes 37, noes 54.

So the amendment was rejected.

Mr. KELLEY. I move to amend the bill on page 6, line one hundred and eleven, by inserting after the appropriation for the Congressional Globe the words:

And to pay the publishers for binding the same, $48,800. The Globe of last session has not been delivered, so far as I can learn, to any member of the House, and I propose that the publishers shall proceed to bind it, so that it may be delivered while gentlemen remain members of Congress. It will save the Government printing office just the amount that this will cost. The work is now establishment is so overburdened that we have bound at the Government printing office, and that not yet got the Globe for last session, and do not know when we will get it. This amendment merely transfers the work; it neither increases nor diminishes the cost, but transfers the work to an establishment that will be able to deliver the Globe to members during this Congress.

Mr. NOBLE. Mr. Chairman, I would suggest to the gentleman from Pennsylvania to amend his amendment so as to limit the time within which the work shall be done. I have had a conversation at the Globe office, wherein I was told that the work could be done there, and that the volumes could be ready for delivery within ninety days from the close of any session of Congress.

Mr. KELLEY. I am not advised on that point. I therefore make no suggestion. I know that it would expedite the delivery of the books very much. I will accept as an amendment any proper and just limitation.

Mr. NOBLE. I had a conversation with the chief clerk at the Globe office, in which he said that they could do the work within that time. Mr. KELLEY. Well, will the gentleman suggest a proviso?

Mr. NOBLE. I will; "provided the work be done within ninety days from the close of the session."

Mr. KELLEY. I accept the modification. The question was taken on Mr. KELLEY'S amendment, as modified, and it was agreed to.

Mr. KERNAN. With a view to obtain information, I move to strike out the words "Capitol Police, $13,920." "We have already passed over an item of $10,234 for Capitol police. I should like to know what we want with two appropriations of over $24,000 for Capitol police.

Mr. MALLORY. Because it takes that amount of money to keep them. [Laughter.]

Mr. KERNAN. No one knows it.

The CHAIRMAN. The amendment cannot be entertained except by unanimous consent, the committee having passed from that portion of the bill.

Objection was made.

Mr. MORRILL. I would refer the gentleman from Iowa to the act of last session making a new bargain with the publishers of the Globe, by which the old terms were to be continued, to give a complete set to new members.

Mr. PRICE. I move to strike out the following item:

For horses, carriages, and saddle horses, $9,000.

I make the motion to strike it out in order to know what the item is for. It may be necessary, but I do not know it. I want to know what the necessity is for the use of horses and carriages, and saddle horses. We have city cars which give us the means of getting from one point of the city to another without having to hire carriages and saddle horses.

Mr. MORRILL. These horses and carriages are used for the purpose of carrying mails and books to and from the public printing office. There are one or two horses used for mail boys or pages to carry letters and packages.

The question was taken on Mr. PRICE's amendment, and it was rejected.

Mr. PRICE. I move to amend by striking out the following: "For miscellaneous items, $30,000." I make the motion for the same reason that I have already given to the committee, and I shall not consume time in reiterating those reasons. We have traveled over one page only of this here is another appropriation of $30,000 staring bill since we passed a similar item of $30,000, and us in the face "for miscellaneous items," which covers all creation and the rest of mankind. [Laughter.] It may be right. I do not know. but it is. want to know whether it is so or not before 1 vote for it. I see no reason for putting in the sweeping appropriation of $30,000 for miscellaneous items without specifying what they Our Government has been in operation long enough for us to know what money is wanted for. It appears to me that there are specifications of items enough without putting in on every page an appropriation of $30,000 for miscellaneous

are.

items.

Mr. BROOKS. That is evidently a misprint, and I think that we are much indebted to the gentleman from lowa for calling attention to it. It is a misprint, I am sure. It never was the intention of the committee to double the amount. This but confirms the fact that the Committee of Ways and Means have so much to do that they have not time to read their own bills.

Mr. MORRILL. It but confirms the fact that the gentleman from New York [Mr. BROOKS] has not had time to read this bill, although he first announced that he had read it through. If he had read it through he would have discovered that this is an appropriation for the House, whereas the other was an appropriation for the Senate. [Laughter.]

Now, Mr. Chairman, it is due to myself to say that I was not aware that I was to have charge of this bill till a few moments before it came up; therefore I had no opportunity to inform myself particularly in regard to it. But I believe that all the information which any fair-minded gentleman has a right to demand in relation to this item has been communicated by the committee. Every gentleman of common business understanding must know that, in relation to the expenditures of this House, it is utterly impossible to include in a bill of this kind every particular item. The House has already been informed that the major part of this expenditure is for the purpose of supplying various articles to the House in the way of repairs; that it is to defray the expenses of contestants of elections; that it is to defray the expenditures of the Sergeant-at-Arms.

Under these circumstances, the matter having already been discussed, I do not think it worth while to consume further time on the subject.

Mr. PRICE. Now, sir, I insist that a gentleman who is acquainted with business transactions does not find it to be the fact in his own affairs that there must be, as the gentleman from Vermont asserts there must be here, a large amount of "miscellaneous" items that cannot be specified. I think, sir, that there are in this House some gentlemen who have some claims to business capacity outside of the Committee of Waya and Means; and I mean no disrespect to that committee, because when I place them on a level with other gentlemen of this House in reference to busi

THIRTY-EIGHTH CONGRESS, 2D SESSION.

ness capacity, I have done nothing to their disparagement. Now, will any gentleman in this House tell me that sufficient attention has not been paid in this bill to specification, when even the horses that are to carry pages with letters from the White House to the Capitol, and from the Capitol to the White House, are specified, and when $9,000 has been appropriated for that purpose? Why, then, have we an item here of $30,000 for "miscellaneous expenses" of which no one can give us the specifications? If this Government were just going into operation as an experiment, we might appropriate large items for incidental expenses, but our Government has been in operation more than three quarters of a century, and we ought by this time to be able to tell the exact nature of the appropriations needed to carry on the Gov

ernment.

There is another matter to which I wish to call attention. The gentleman from Vermont says that a portion of this money is to pay expenses of contestants of elections; and he emphasizes that statement. Why, sir, if I understand this matter, such expenses are paid out of another fund. I have spoken on this subject with members of the Committee on Elections, and they agree with me in this opinion. Why cover up in a general appropriation of this kind something that those outside (I will not say those in this House, because that would be out of order) would call "stealing?" That is what they do call it, and I am very much afraid that they are in many instances more than half right. I do not mean to be, knowingly, a party to any such transactions. It is said outside of this Capitol that there are done here many things that ought not to be done; and I presume that, even when we have exercised the utmost vigilance, there will still be done some things that ought not to be done. But it is the part of Representatives here not to give opportunity for such proceedings by voting wholesale $60,000 for something which nobody can explain; something which has no foundation except in somebody's imagination. I say that it is the part of wisdom to reject all such appropriations as these till proper specifications are given to us. We have deficiency bills every year; and if there are any items of expenditure which cannot be anticipated, let them be included in such a bill; and if the expenditures have been properly made, we shall be prepared to vote the necessary appropriations. But let us not appropriate $60,000 wholesale, without some specification, without something to show the people of the country, who pay the taxes, where the money goes and for what it is expended.

Mr. MORRILL. Mr. Chairman,, I beg the gentlemen from lowa to understand that so far as I am concerned I do not wish to discourage his attempts, or those of any other member, in the effort to save money to the country; and if the gentleman will strike at an item which, in my judgment, demands reduction, he shall not only have my vote but my voice in favor of it.

There is but a single point to which I wish to reply to the gentleman, and that is in reference to the pay of contestants. He seems to undertake to say that I was mistaken. If he will examine he will find that they are paid according to the orders of the House. If the House directs that they shall be paid out of the miscellaneous fund, then they are so paid; and if they are directed to be paid out of the contingent fund, then they are paid out of that fund.

Mr. PRICE. Is this the contingent fund of the House?

Mr. MORRILL. No, sir; this is not; this is the miscellaneous fund.

Mr. PRICE. Exactly; the further you go the deeper you get. [Laughter.] Why this $30,000, then; for the gentleman has said that the contestants are paid out of the contingent fund of the House? I ask him whether this is the contingent fund of the House, and he says no.

The question recurred on Mr. PRICE's

ment.

THURSDAY, JANUARY 19, 1865.

The committee was divided, and the tellers reported-ayes 26, noes 68.

So the amendment was rejected.

Mr. KASSON. Mr. Chairman, I move to make the appropriation $29,900, and I will explain my reason for the motion. It is to have the opportunity to state to the twenty-six members who voted for my colleague's amendment, and whose opinions are entitled to respect, some figures of the expenditures under this head at the last session of Congress. One item which I stated to the House awhile ago was one of the leading items in this appropriation is in reference to contested-election cases. I have been to the Clerk to obtain the figures, and I find at the last session that $25,000 was expended to defray the expenses connected with contested-election cases.

Mr. PRICE. Does that come out of this miscellaneous appropriation?

Mr. KASSON. I expressly stated that it came out of this appropriation, and is charged under this head. I propose to state only generally what the items are. I will inform my colleague who is arguing in favor of the Christian virtues that cleanliness is provided for under this head of appropriation. [Laughter.] We pay for the washing of towels out of this appropriation. We pay for soap, for ice, and for all of the incidental things

which are estimated for at the commencement of the session, and vouchers for which are approved by the Committee of Accounts of this House. That committee has the control of the accounts, and can approve or reject them.

I have deemed it due to the gentlemen who

voted for the amendment to state these facts. The principal item is connected with contested-election cases. The Sergeant-at-Arms's expenses are also paid out of this appropriation; and I will state the further fact that this appropriation is not excessive in view of the expenditures at the last session of Congress, and that contested-election cases are to be renewed at the next session, being the first of the next Congress.

Mr. PRICE. I wish to get myself right on this question. I asked distinctly and emphatically the gentleman from Vermont, [Mr. MORRILL,] who is the Committee of Ways and Means, whether this miscellaneous appropriation was the one out of which the expenses of contestedelection cases were paid, and he answered me as clearly and distinctly that it was not.

Mr. MORRILL. If the gentleman will permit me I will say that I answered him that sometimes they were paid out of one fund and sometimes out of another, according to the order of the House.

Mr. PRICE. I want to know whether I am right. I want to know whether contestants are paid out of the contingent fund. I want an answer from the Committee of Ways and Means. If they are paid out of the contingent fund, what, then, is the necessity for this miscellaneous appropriation of $30,000?

Mr. MORRILL. If the gentleman will look at the bill he will see that all of these items are embraced under the head of contingent expenses of the House. I find that I was mistaken in supposing there was a separate item put down for contingent expenses, as is the case with all the Departments. The miscellaneous fund is the fund of the House.

Mr. PRICE. I am satisfied with that explanation, but I could not be satisfied with the previous

answer.

The CHAIRMAN ordered tellers, and appointed Messrs. PRICE and MORRILL.

plain as a general thing of appropriations for that purpose, for I believe it is the duty of Congress to keep up the Globe. It will be perceived that

NEW SERIES.....No. 20.

these appropriations in this bill amount to $86,800.

MESSAGE FROM THE SENATE.

The committee informally rose, and the House received a message from the Senate, by Mr. HICKEY, their Chief Clerk, informing the House that the Senate had insisted upon their amendments to the bill (H. R. No.620) to supply deficiencies in the appropriations for the fiscal year ending the 30th of June, 1865, agreed to the committee of conference asked for by the House, and had appointed Mr. SHERMAN, Mr. CONNESS, and Mr. BUCKALEW such committee upon the part of the Senate.

Also, that the Senate had passed, without amendment, an act (H. R. No. 623) to amend an act entitled "An act to provide for carrying the mails from the United States to foreign ports, and for other purposes," approved March 25, 1864.

Also, that the Senate had indefinitely postponed a joint resolution (H. R. No. 121) granting additional compensation to the employés of the two Houses of Congress.

Also, that the Senate had passed a bill and joint resolutions of the following titles; in which the concurrence of the House was requested:

An act (S. No. 389) relative to clerkships in the Post Office Department;

Joint resolution (S. R. No. 91) appointing General Richard Delafield to be a Regent of the Smithsonian Institution; and

Joint resolution (S. R. No. 90) to authorize and direct an inventory of articles in the quartermasters' depots of the United States, and in possession of the naval storekeepers of the United States. LEGISLATIVE APPROPRIATION BILL-AGAIN. The committee resumed its session.

Mr. WASHBURNE, of Illinois. One particular item which I wish to inquire about is this clause in reference to paying the publishers of the Congressional Globe one cent for every five pages exceeding three thousand, including the indexes and the laws of the United States, amounting in all to $10,900. Now, the provision for paying $7 50 a column for reporting and publishing the debates is one which was contained in the former law upon this subject; but as I understand it, the matter to which I refer is a new provision incorporated into this bill. I desire information upon that point.

The other item of $23,000 for complete sets to members who have not already received the same is properly here, because that is to carry out a law which we made last session.

Mr. MORRILL. If the gentleman from Illinois will examine the records he will find that at the last session of Congress we changed the law in reference to the arrangement with the publishers of the Congressional Globe, and that this appropriation of one cent for every five pages is in conformity to that law.

Mr. WASHBURNE, of Illinois. If that is so the explanation is satisfactory.

But there is another thing to which I wish to call the attention of the House and committee. The fact is we have not yet received the Congressional Globe for last session.

Mr. MORRILL. That matter has already been explained by the gentleman from Pennsylvania, [Mr. KELLEY,] and by an amendment offered by him, the binding of the Globe is transferred from our own public printing house to that of the Congressional Globe. In consequence of the large amount of work on hand, the public printing office has not been able to bind the Congressional Globe. As I said before, the binding has been transferred to the publishers of the Congressional Globe, and I understand they will be able to perform the work within ninety days after the close of each session.

The Clerk resumed the reading of the bill.

Mr. MORRILL. I move to amend the crause last read, making an appropriation of $373,710 24 for public binding, by striking out the sum of $19,400, that being the amount, I believe, we have

Mr. MORRILL. Many of the public documents from the War and Navy Departments contain drawings which require to be lithographed or engraved, and placed upon record in order to illustrate the text of the documents. This expenditure has been very largely increased since the commencement of the war.

Mr. WILSON. I would inquire of the gentleman from Vermont what information the Committee of Ways and Means have upon which they formed the belief that it will be necessary to appropriate $40,000 more for next year than was required for this year.

Mr. MORRILL. It is found in the superior activity of the Army and Navy for the last

year.

Mr. WILSON. That certainly seems to me to be no answer to my question. I ask for definite information. I want to know what information the committee have which leads them to believe that this increased amount will be needed.

Mr. MORRILL. We had the Superintendent before us, and examined him very thoroughly upon that point as well as others. The expenses are much greater now than they have been, owing to the increased cost of materials and the price of labor.

Mr. WASHBURNE, of Illinois. I move to strike out the following item:

For payment of judgments to be rendered by Court of Claims, $1,000,000.

It will be time enough to make the appropriation after the judgments have been rendered.

Mr. HOLMAN. Before that motion is put, I hope some gentleman will explain this matter. I have not been able to lay my hand upon any document which throws the slightest light upon this appropriation. I have sought to ascertain what have been the judgments heretofore rendered, and what amount has been applied to their payment; but no such information can be obtained so far as I

have been able to ascertain. I trust that this entire appropriation will be stricken out, and that hereafter we shall know what judgments have been rendered before we make any appropriations.

Mr. WILSON. I find in the appropriation bill of last year that the amount appropriated for this purpose was $300,000, and now it is proposed to appropriate $1,000,000.

I should be glad to know what information the Committee of Ways and Means had in relation to the judgments which may yet be rendered in that court, which induced them to report an appropriation of $700,000 more than last year.

Mr. MORRILL. The information before the committee was to this extent, that all over the country there are numerous claims, and some of them for very large amounts, for which the United States is liable, growing out of this war.

Mr. WILSON. Congress, at its last session, passed an act taking away the jurisdiction of the Court of Claims in relation to claims growing out of the Army and Navy.

Mr. MORRILL. So far as the information before the Committee of Ways and Means upon this head is concerned, we understand from the docket of business before the Court of Claims that this will be at least as small an amount as will be necessary to discharge the judgments of the court. We have already provided that the judgments of this court shall be final in certain cases, and if that law is to have any effect we should make this appropriation.

Mr. WILSON. I desire to ask further what information the Committee of Ways and Means had which induced them to believe that during the year 1866, for which this appropriation is made, there would be a greater demand for money for this purpose than during the year 1865, when we all expect, judging from the present condition of our national affairs, that our military opera-appropriation until after the judgments are rentions may be reduced within that time?

Mr. MORRILL. The gentleman should be|| aware that we have already made a very large appropriation for a deficiency for 1865, which will make the amount appropriated for this purpose for that year equal to the amount now appropriated.

Mr. WILSON. Then I desire to know if the gentleman has reason to believe that there will be a deficiency to be provided for for 1866? Mr. MORRILL. We think so. Mr. WILSON. How much?

Mr. MORRILL. That I cannot say. Mr. WILSON. The fiscal year has not yet elapsed for which this former appropriation was made. Again, this appropriation is for lithographing and engraving for the Senate and House of Representatives and not for the War Depart

ment.

Mr. MORRILL. The gentleman must understand that the appropriations made for 1865 for the printing department have already been exhausted, and that we have at this session made additional appropriations in order to enable that department to carry on its business.

Mr. WILSON. I am informed that the engraving and lithographing for the War Department are paid out of the military appropriations. Mr. MORRILL. Not for documents printed by order of this House or the Senate.

Mr. WILSON. Why, sir, the gentleman certainly does not mean to be understood that the War Department has this lithographing and engraving done for documents, and that then the House and the Senate have those lithographs and engravings duplicated for the purpose of putting them in the documents that we order!

Mr. MORRILL. They furnish them for reports printed by order of this House.

Mr. WILSON. I insist on my amendment to reduce the sum to $50,000.

The amendment was agreed to.

Mr. WASHBURNE, of Illinois. So far as I recollect the law to which the gentleman refers, it is not contemplated that Congress shall make the

dered. Congress has in that respect retained the jurisdiction in its hands. My objection to this provision is radical. I am not for appropriating one dollar till the Court of Claims shall have rendered its judgments, and till I know what the judgments are. I propose to reserve some sort of control to Congress over this matter if we have the power to do so.

Mr. MORRILL. I voted with the gentleman from Illinois when that law was before the House; but, as he is aware, it was carried against our votes. I think our duty is to conform to the law as we find it. If the gentleman has any radical objection to the law let him introduce a bill to repeal it.

Mr. WASHBURNE, of Illinois. My objection is founded on the law. What I mean to say is that there is nothing in the law which compels us to make appropriations for judgments to be rendered.

Mr. MORRILL. I ask the gentleman whether it is possible to reach those cases by having a revision of them before the House.

Mr. WASHBURNE, of Illinois. Yes, sir; reach them by refusing to make appropriations for them; which amounts, in fact, to a repeal of the law so far as that is concerned.

The question was taken on Mr. WASHBURNE'S amendment, and it was adopted.

Mr. WILSON. I desire to be informed in regard to this paragraph:

Mr. WILSON. I desire information in regard to this paragraph:

In the office of the Secretary of the Treasury: For copying, labor, binding, sealing ships' registers, translating foreign languages, advertising, and extra clerk hire for preparing and collecting information to be laid before Congress, and for miscellaneous items, $50,000.

I find that the appropriation at last session was only $30,000. Now we are asked to appropriate $50,000.

Mr. MORRILL. On calling on the Treasury Department in regard to that, we were informed that the increase is owing to the vast increase in the business of the Department, which rendered the increased appropriation absolutely indispensable. There are a great many more clerks employed there than were employed a year ago.

Mr. WILSON. I desire to know what is meant by the words" and extra clerk hire." Mr. MORRILL. It is for paying clerks who are required to work extra hours. Mr. WASHBURNE, of Illinois. I desire information in reference to the proviso in the following item:

For compensation of temporary clerks in the Treasury Department: Provided, That the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to classify the clerks authorized according to the character of their services, $250,000.

The object of that proviso is undoubtedly to raise the salaries of clerks in an indirect way. I am willing to meet that question when it comes up fairly, but I am not willing to have it come up in this way. It is independent legislation in an appropriation bill.

Mr. MORRILL. If the gentleman from Illinois will wait, I propose to offer an amendment in regard to this item.

Mr. WILSON. The words "extra clerk hire" the gentleman from Vermont has explained to mean compensation for extra labor performed. I find that the gentleman is mistaken, for in the second paragraph on the 14th page of the bill I find the following:

For compensation of additional clerks who may be employed by the Secretary, according to the exigencies of the public service, and additional compensation for extra labor of clerks in his office, $25,000.

I therefore, sir, raise the point of order upon the provision of the section that we are considering, that it is independent legislation and should not be embraced in an appropriation bill, and that therefore the term "extra clerk hire," in lines three hundred and three and three hundred and four, should be stricken out.

The CHAIRMAN. The Chair understands that the Clerk had proceeded to line three hundred and seven.

Mr. WASHBURNE, of Illinois. I will waive my point of order until the gentleman from Iowa [Mr. WILSON] can make his point of order on the preceding paragraph.

The CHAIRMAN. The Chair is of opinion that the gentleman cannot go back to that paragraph of the bill.

Mr. WILSON. Permit me to explain. I was misled by the explanation given by the gentleman representing the Committee of Ways and Means. He told me that a certain appropriation was for a particular purpose. That purpose is embraced in another branch of the bill.

The CHAIRMAN. The remark of the gentleman from Iowa shows that the committee had already passed the item.

The Chair overrules the point of order raised by the gentleman from Illinois [Mr. WASHBURNE] under the last clause of the 120th rule, which the Clerk will read.

The Clerk read, as follows:

"No appropriation shall be reported in such general appropriation bills, or be in order as an amendment thereto, for any expenditure not previously authorized by law, unless in continuation of appropriations for such public works and objects as are already in progress, and for the contingencies for carrying on the several departments of the Government."

Mr. WASHBURNE, of Illinois. Do I understand the Chair to overrule the point of order that this is independent legislation, and cannot be put into an appropriation bill?

The CHAIRMAN. The Chair is of opinion that it comes under this clause, "for the contingencies for carrying on the several departments of the Government.

Mr. WASHBURNE, of Illinois. I am aware that the present Chairman is deciding in accord

ance with the decision of our honorable Speaker in all similar cases, which decision I think contrary to all previous decisions upon the subject. The CHAIRMAN. Does the gentleman from Illinois take an appeal?

Mr. WASHBURNE, of Illinois. I propose to take an appeal in order to settle the matter. I think it very important that this rule of the House should be strictly adhered to, because departure from it may involve expenditures of millions upon millions to the Government.

The CHAIRMAN.

The question is, Shall the decision of the Chair stand as the judgment of the committee?

The decision of the Chair was sustained; there being, on a division-ayes fifty-six, noes not counted.

Mr. WASHBURNE, of Illinois. I move to amend by striking out all from line three hundred and seven to line three hundred and eleven, inclusive, reading as follows:

For compensation of temporary clerks in the Treasury Department: Provided, That the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to classify the clerks authorized according to the character of their services, $250,000.

Mr. MORRILL. I move to amend the amendment by inserting, in lieu of the words proposed to be stricken out, the following:

For compensation to temporary clerks in the Treasury Department, and for additional compensation to clerks in same Department: Provided, That the temporary clerks herein provided for may be classified according to the character of their services: And provided further, That the Secretary of the Treasury may award such additional compensation to clerks as in his judgment may be deemed just, and may be required by the pubic service, $250,000.

Mr. WASHBURNE, of Illinois. I am certainly opposed to that amendment, more opposed to it than to the clause as it stands.

Mr. HOLMAN. I raise the point of order that, so far as the amendment proposes to authorize the Secretary of the Treasury to pay additional compensation, it is without any precedent in appropriation bills. It does not propose to carry out any provision of existing law, nor does it properly come under the head of "contingencies for carrying on the several departments of the Government."

The CHAIRMAN. The Chair overrules the point of order.

Mr. MORRILL. I send to the Clerk a letter from the Secretary of the Treasury, and ask that it be read.

The Clerk read, as follows:

TREASURY DEPARTMENT, January 10, 1865. SIR: I have the honor to request that you will cause the item, on page 23 of the printed estimates, which reads as follows: "For temporary clerks in the Treasury Department: Provided, That the Secretary of the Treasury be, and he is hereby, authorized, in his discretion, to classify the clerks authorized according to the character of their services," to be changed in its phraseology, so that it will read: "For compensation to temporary clerks in the Treasury Department, and for additional compensation to clerks in the same Department: Provided, That the temporary clerks herein provided for may be classified according to the character of their services: And provided further, That the Secretary of the Treasury may award such additional compensation to clerks as in his judgment may be deemed just, and may be required for the public service, Very respectfully, your obedient servant, W. P. FESSENDEN, Secretary of the Treasury. Hon. T. STEVENS, Chairman of Commillee Ways and Means, House of Representatives.

$250,000."

Mr. MORRILL. This is rather an important question, and I want a fuller House than we have at present to consider it. I therefore move that the committee rise.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. DAWES reported that the Committee of the Whole on the state of the Union had, according to order, had the Union generally under consideration, and particularly the Military Academy appropriation bill, and had directed him to report the same back to the House with an amendment; and further, that it had under consideration House bill No. 649, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1866, and had come to no resolution thereon.

MILITARY ACADEMY APPROPRIATION BILL. Mr. DAWES demanded the previous question on the Military Academy appropriation bill. The previous question was seconded, and the

main question ordered; and under the operation thereof the amendment of the Committee of the Whole on the state of the Union was concurred in.

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

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

MESSAGE FROM THE SENATE.

A message was received from the Senate, by Mr. HICKEY, its Chief Clerk notifying the House that that body had passed House bill No. 203, for the relief of Jacob Weber, without amendment, and House bill No. 186, to incorporate the Baltimore and Washington Depot and Potomac Ferry Railway Company, with amendments; in which

he was directed to ask the concurrence of the House.

EXTRA TREASURY CLERKS.

Mr. WASHBURNE, of Illinois, moved that the amendment pending in the Committee of the Whole on the state of the Union in reference to extra clerks in the Treasury Department be printed for the use of members.

The motion was agreed to.

And then, on motion of Mr. MORRILL, (at ten minutes past four o'clock, p. m.) the House adjourned.

IN SENATE. WEDNESDAY, January 18, 1865. Prayer by Rev. B. H. NADAL, D. D., of Washington, District of Columbia. The Journal of yesterday was read and approved.

PETITIONS AND MEMORIALS.

Board of Trade of Philadelphia, praying the Mr. COWAN presented the memorial of the postponement of any action on the bankrupt bill now pending until opportunity is afforded northern creditors to enforce their claims on the restoration of the authority of the Government in the rebellious States; which was referred to the Committee on the Judiciary.

Mr. MORGAN presented a petition of medical storekeepers in the service of the United States, praying to be allowed the pay and emoluments of surgeons in the Army of the United States; which was referred to the Committee on Military Affairs and the Militia.

Mr. DIXON presented a petition of persons engaged in the millinery and cloak-making business in the city of Hartford, Connecticut, pray. ing for an amendment to the internal revenue law approved June 30, 1864, so as to impose on each of said classes of work a specific tax beyond a certain exempted amount of each; which was referred to the Committee on Finance.

He also presented a petition of citizens of Connecticut and members of the Cigar Makers' Union of Windsor, praying for the repeal of the law taxing cigars, and that the tax may be placed on the raw material; which was referred to the Committee on Finance.

Mr. HARRIS presented the petition of the local board of steamboat inspectors of Buffalo, New York, praying for an increase of salary; which was referred to the Committee on Finance.

He also presented additional papers in support of the claim of Joshua B. Todd, a lieutenant in the Navy, praying to be allowed the difference of pay between master and passed midshipman during the time he was acting master; which were

referred to the Committee on Naval Affairs.

Mr. TRUMBULL presented the petition of the local board of steamboat inspectors for the eighth district, praying for an increase of compensation; which was referred to the Committee on Finance.

Mr. CHANDLER presented a resolution of the Board of Trade of Detroit, Michigan, recommending the construction of a ship canal around the falls of Niagara on the American side; which was referred to the Committee on Military Affairs and the Militia.

COMMITTEE SERVICE.

Mr. WADE. I hold in my hand a letter from the Senator from Oregon, who is a member of the committee on the conduct of the war I send it to the desk to be read.

The VICE PRESIDENT. If there be no objection, the letter will be read. The Secretary read, as follows:

January 17, 1865.

SIR: Because of ill health I am unable to attend the meetings of the committee, as I would like to do, and therefore hope that this, my resignation as a member of the committee, may be accepted.

Will you do me the favor to present this to the Senate, and ask that I be excused from further service in that capacity?

I am, very respectfully, your obedient servant, B. F. HARDING. Hon. B. F. WADE,

Chairman of Committee on Conduct of the War. Mr. WADE. I make the motion that Mr. HARDING be execused at his request from further service upon the committee. The motion was agreed to.

EXECUTIVE COMMUNICATION.

The VICE PRESIDENT laid before the Senate a communication from the Postmaster General transmitting, in compliance with the resolution of the Senate of the 12th instant, a statement furnished by the Auditor for the Post Office-Department of the amount allowed and paid for attorneys and counsel fees of every kind and description, exclusive of the regular salaries paid to district attorneys, from the 1st of July, 1863, to the 31st of December, 1864, as shown by the records of his office; which, on motion of Mr. FOSTER, was ordered to lie on the table, and be printed.

REPORTS OF COMMITTEES.

Mr. CHANDLER, from the Committee on Commerce, to whom was referred a resolution of inquiry as to the propriety of consolidating the three great districts, &c., reported adversely thereon, and the report was agreed to.

Mr. HOWARD. The Committee on Military Affairs and the Militia, to whom was referred a resolution presented by the Senator from Minnesota, [Mr. WILKINSON,] in relation to the treatment of Union prisoners and the course to be pursued by the Government in reference thereto; and also a joint resolution (S. R. No. 95) presented by the Senator from Ohio, [Mr. WADE,] regulating the treatment of confederate prisoners in custody of the authorities of the United States; and also a petition of citizens of Indiana, praying for the passage of a law to place all rebel prisoners now in our hands under the control of those officers and men who have been in rebel hands, have directed me to report these papers back to the Senate, accompanied by a joint resolution on the subject.

The joint resolution (S. R. No. 97) advising retaliation for the cruel treatment of prisoners by the insurgents, was read and passed to the second reading.

Mr. ANTHONY, from the Committee on Printing, to whom was referred a resolution to print three thousand copies of the Navy Register for 1864, reported in favor of it, and the resolution was agreed to.

Mr. CLARK, from the Committee on Claims, to whom was referred the joint resolution (H. R. No. 80) for the adjustment of the claim of J. & O. P. Cobb & Co., of Indiana, reported it with an amendment.

Mr. GRIMES, from the Committee on Naval Affairs, to whom was referred the bill (S. No. 382) to provide for the better organization of the pay department of the Navy, reported it with amendments.

Mr. BROWN, from the Committee on Military Affairs and the Militia, to whom was referred the bill (S. No. 359) to reimburse the State of Missouri for moneys expended for the United States, reported it without amendment, and submitted a report; which was ordered to be printed.

He also, from the same committee, who were instructed by a resolution of the Senate to inquire into the subject, reported a bill (S. No. 402) to repcal an act entitled "An act to remove the United States arsenal from the city of St. Louis, and to provide for the sale of the land on which the same is located;" which was read, and passed to a second reading.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House had passed a bill (II. R. No. 621) making appropriations for the support of the

Military Academy for the year ending 30th of June, 1866.

ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House had signed the following enrolled bills, which thereupon received the signature of the Vice President:

A bill (H. R. No. 623) to amend an act entitled "An act to provide for carrying the mails from the United States to foreign ports, and for other purposes," approved March 25, 1864; and

A bill (H. R. No. 203) for the relief of Jacob Weber.

HOUSE BILL REFERRED.

The bill (H. R. No. 621) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1866, was read twice by its title, and referred to the Committee on Finance.

CONDUCT OF GENERAL PAINE AT PADUCAH.

Mr. POWELL. I offered a resolution in the early part of the session directing the Secretary of War to transmit to the Senate the report made by a commission appointed to investigate the conduct of General Paine in and about Paducah. That resolution was referred some weeks since to the Committee on Military Affairs. I wish now to make an inquiry of that committee as to the disposition they have made of that resolution. If it is not their purpose to report it, I wish to move the Senate that they be discharged, and let the resolution come before the Senate for action.

Mr. WILSON. In reply to the inquiry of the Senator from Kentucky, I have to say that the Committee on Military Affairs have not yet taken up and considered the resolution referred to them on that subject. We shall probably be able to do so in a day or two. We have been busily employed and have not yet reached it.

Mr. POWELL. I now move that the Committee on Military Affairs be discharged from the further consideration of the resolution, and be directed to report it back instantly to the Senate. Since I introduced the resolution I have received the report of the commission, but not the accompanying documents. I find that the report I was in quest of was transmitted by the Governor of Kentucky to the Legislature as a document accompanying his message; but the affidavits and proofs, one hundred and eighty I understand, that accompanied the report are not published with the Governor's message. The report discloses a degree of barbarity, cruelty, and pillage, that I venture to say cannot be equaled in the annals of any Christian people. I desire the resolution to come back to the Senate, and I desire the Senate to pass it, so that we may see the proof referred to in this report, and take action touching and concerning this man Paine. I have already introduced a resolution, which now lies upon the table of the Senate, requesting the President to have this guilty man tried upon the charges made against him in this report, in order that he and those engaged with him may, if convicted, be punished. I do not think we should delay for a moment having prompt action in this matter. This report, allow me to say, was made by two gentlemen of high character, both of whom voted for the President at the last election. The report was made by General Fry and Colonel Brown. I will read one single paragraph of the report only:

"The tenor of Brigadier General Paine's conduct has been briefly alluded to. The particulars are to be found in the numerous affidavits which we submit herewith. Your committee will not disguise the feelings of indignation and disgust which their investigation of the conduct of affairs in western Kentucky has inspired within them. The administration of Verres and Warren Hastings may be safely challenged to show a parallel to the fifty-one days of terror and rapine that measured the duration of General Paine's authority.

"Well may we blush for the tarnish attached to the national uniform when debased to such ignoble uses by an officer whose only glory seems to have been the oppression of non-combatants and a loud-mouthed denunciation of his superior officers as 'cowards and scoundrels,' Such were the epithets repeatedly attached to Major General Halleck's name by General Paine. In healthy contrast, your committee beg leave to allude to the firm, judicious, and effectual administration of Brigadier General S. Meredith."

I hope, sir, that the Senate will direct my resolution to be reported back at once, in order that we may call upon the Secretary of War to transmit to us this report, with the accompanying doc

uments, showing the guilt of this man, his cruelties, his plunder, his rapine, his barbarity; and that then we may take such proceedings as will, if possible, cause him to be tried and punished for his crimes. I hope there will no longer be any dilly-dallying or delay upon such a matter. I feel that I have been already negligent of my duty as a representative of the people of Kentucky, in not urging in the Senate action upon this matter before. I verily believe, not only from a perusal of that report, but from conversations with citizens of the highest respectability in that region of country, that when the facts shall be known it will be found that in all the dark and bloody annals of tyrants and men who overthrow the rights of the citizen, there never has been, in any Christian age, such acts of barbarity, cruelty, and plunder as have been inflicted on that people by this man Paine and his confederates. I wish them brought to trial, and, if found guilty, to be punished by death; for if one tithe of the statements in these papers are true that is the lightest punishment they deserve.

I hope, sir, that the Senate will no longer delay, but will order back this resolution and put it on its passage. Let us have the facts that are referred to in this report, so that we may see whether or not the resolution which lies on your table requesting that General Paine be tried, and if found guilty punished, should pass.

Mr. TRUMBULL. As the resolution called for by the Senator from Kentucky was on my motion referred to the Committee on Military Affairs, it may be proper that I should say a word in regard to the motion that is now made.

At the time the resolution was under consideration before I had not seen General Paine, and had no information from him in regard to the report; but my reason for making the motion was that I thought it unjust to an officer to publish a report affecting his character, which I understood was ex parte, and made by a commission before whom he did not appear. Since then I have seen General Paine and had a conversation with him, and I learned from him that the report was of the character I had supposed. I learned from him further, that he, after hearing that a commission was proceeding to inquire into his conduct, before which he did not appear at all, filed a reply or answer to their report, and also that the report made by this commission was reviewed by the Judge Advocate General; and he informed me that he had no sort of objection to having the report of the commission published, provided his answer to it and the review of the report by the Judge Advocate General should be published also. I for one am willing, therefore, that the Senator's resolution should be passed if it should be amended so as to call for all the papers. It will then appear, as I am informed, that so far from General Paine being the blood-thirsty and guilty man that the Senator from Kentucky has pronounced him without a trial, he has but done his duty.

I was a little surprised at the language of the Senator from Kentucky when he rose in his place in the Senate and demanded that this "guilty man" should be tried, thus condemning him before his trial. Why call him guilty? Every man is entitled to a trial, and presumed to be innocent until his guilt is established. But the Senator from Kentucky in his zeal would forestall the case of General Paine. He pronounces him a guilty man here in the Senate, and yet has introduced a resolution to put him upon trial! Why, sir, a person who would give utterance to such an expression as has fallen from the Senator from Kentucky would be disqualified to act as a juror in any court in Christendom, because he has expressed his opinion before hearing the evidence, and pronounced him guilty.

I will not undertake to say that General Paine is guilty or innocent. I do say that since this resolution was introduced I have seen him, and he tells me he has no objection to the report of this ex parte commission being published, if his reply setting forth the real facts and the report of the Judge Advocate General can also be published with it. If they are all published together they will do no harm. I presume the Senator from Kentucky does not want a portion of the papers only published, unless he is to proceed upon the hypothesis announced in his speech, that a man is to be declared guilty before he is put upon his trial.

Mr. POWELL. The Senator from Illinois seems to object to my speaking of this officer as guilty without his being tried. I do not wish General Paine to be punished unless he should be properly tried and found guilty. When I used the word "guilty," I did it as enunciating what had been found by this commission. They say that those parties are guilty of the offenses that I have indicated. The Senator says that the proceeding was an ex parte one. These gentlemen in their report say that the very evening they got to Paducah, General Paine left, and took away all the papers and his officers about him. It was his fault that he was not there. I have no personal knowledge as to whether General Paine is guilty or innocent; but I do know that this report stamps him with the most damning guilt. I want him to be tried before a proper tribunal with power to investigate, and to punish him if he shall be found guilty. I hope for the credit and honor of the flag of my country that General Paine may prove to be innocent of the charges made against him, but I have not the most remote idea that he will.

If the resolution shall be brought back from the committee, I shall be willing to accept the proposition of the Senator from Illinois as an amendment to it. I want no ex parte statement. If General Paine can benefit himself by the report made by the Judge Advocate General, let it come. If he has any statements that he wishes to make, let them come. I want to have the whole facts; and then when they come, I want another and a different commission, one that has power to punish, to sit upon this man's case. I repeat, that this commission found General Paine and others guilty of the crimes that I have indicated, and it was because such was the finding of the commission that I pronounced him guilty. If the Senate will order the resolution back from the committee, I will accept the proposition of the Senator from Illinois, and let all these papers come before us. I would not do General Paine or any other man intentional injustice. I shall be rejoiced if he can prove himself innocent of these charges. If they are true, (and of the truth of the evidence before me I have no doubt,) he is guilty of crimes shocking to human nature-crimes such as 1 venture to say no military commander in any Christian country has been guilty of for the last five hundred years.

Mr. TRUMBULL. The Senator will persist that he has no doubt of the truth of the report of this ex parte commission. It shows to me, I had almost said, a perversity on his part and a determination to hold General Paine guilty. He says that General Paine absented himself. I know nothing about the facts, except as I have heard them from General Paine, who tells me that he waited ten days for this commission to enter upon the discharge of its duties, and they would not move a step until he had left Kentucky and gone away, and then they instituted their proceedings to inquire into his character, and when he heard of it he made an answer refuting the whole proceeding.

Mr.POWELL. If the Senator will allow me, I wish to read a paragraph or two from the report of the commission:

"Your committee would report that they had much difficulty in procuring information from official sources, as Brigadier General Paine and his assistant adjutant general left Paducah on the evening of our arrival, taking with them, or having sent away, every clerk who was familiar with the office business of headquarters.

"The records of the assistant adjutant general's office were submitted to our inspection by Brigadier General Meredith, the successor to General Paine, but were so incomplete and irregularly kept that they proved of little service in the investigation. Many orders, proved to have been issued by Brigadier General Paine, have no entry on his books."

They say he left there the evening they arrived, and the officers most familiar with the business about his headquarters went with him. Mr. TRUMBULL. Is that statement at all inconsistent with what I have been informed? My information is that this commission kept away and would not enter upon the discharge of their duties, and that General Paine waited ten days for them to institute their proceedings. When they found he had gone, they came to Paducah to enter upon the examination. The whole thing was an ex parte proceeding; and I have not only information from General Paine, but I have had more than one letter from gentlemen high in posi