THIRTY-EIGHTH CONGRESS, 2D SESSION.

appropriation in each particular case, or provide by a board or in some other way for ascertaining the claims generally.

I do not think there was very much difference touching the obligation of the Government to pay for property that was destroyed by the Army to prevent its falling into the hands of the enemy, or to prevent its being used as a matter of defense to the enemy. But I want to make this suggestion to the chairman: inasmuch as by the act of the Government these claims are united, and inasmuch as the full investigation of the Senate and House of Representatives has been given to them, is it not better to let both go together as a whole? There is no question about the right of the case; and may we not pass this joint resolution as it came from the other House without establishing a precedent that will govern us hereafter? We do not want to take up each claim and decide it now; but these necessarily came together; we have examined them, and I think we may as well pass this resolution as it came from the House of Representatives, and then this case will never come before Congress or a commission again.

Mr. CLARK. I desire to say to the Senator from Indiana that I have not the least objection to allowing the whole claim if the Senate so decide; and he is entirely right, I think, when he says that there was but very little difference among the Senators composing the committee in regard to the justice of this class of claims; but as they pressed upon the committee in large numbers, the committee determined at an early day to bring a knowledge of that fact to the Senate so that they might have some indication which they may regard, and that is all they desire to accomplish by this amendment.

Mr. GRIMES. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.

HOUSE OF REPRESENTATIVES.
MONDAY, January 23; 1865.

The House met at twelve o'clock, m. Prayer by the Chaplain, Rev. W. H. CHANNING.

The Journal of Friday last was read and approved.

APPOINTMENT OF MEMBER OF COMMITTEE.

The SPEAKER announced that he had appointed Mr. STEELE, of New York, to fill the vacancy on the committee of investigation on certain charges against Hon. LuCIEN J. ANDERSON, in place of Mr. J. C. ALLEN, excused.

THANKS TO MAJOR GENERAL SHERIDAN. Mr. WASHBURNE, of Illinois. Mr. Speaker, is it now in order to offer a resolution of thanks to Major General Philip H. Sheridan?

The SPEAKER. Not until after the morning hour. The Chair only enforces the construction of the rules made by the Committee on Rules at the last session.

Mr. WASHBURNE, of Illinois. Then I give notice that after the morning hour I shall submit such a resolution.

CALL OF COMMITTEES.

The SPEAKER stated the first business in order to be the call of committees for reports to be referred and not to be brought back by a motion to reconsider.

BENJAMIN ROACH.

Mr. HALE, from the Committee of Claims, reported a joint resolution for the relief of Benjamin Reach; which was read a first and second time, referred to the Committee of the Whole House on the Private Calendar, and ordered to be printed.

COURT OF CLAIMS.

Mr. HALE. I am instructed to report from the same committee an act supplementary to an act entitled "An act to restrict the jurisdiction of the

WEDNESDAY, JANUARY 25, 1865.

Court of Claims," &c., and to ask that it be considered now.

The SPEAKER. That cannot be done at this time.

Mr. HALE. Then I ask that the bill be recommitted to the Committee of Claims.

The SPEAKER. The Chair will have the rule read. It is a question whether the objection does not apply. The rule is imperative.

The Clerk read the rule, (a portion of rule 51,) as follows:

"On the call for reports from committees on each alternate Monday, which shall commence as soon as the Journal is read, all bills reported during the first hour after the Journal is read shall be committed, without debate, to the Committee of the Whole, and, together with their accompanying reports, printed; and it during the hour all the committees are not called, then, on the next alternate Monday, the Speaker shall commence where such call was suspended: Provided, That no bill reported under the call on alternate Mondays and committed shall be again brought before the House by a motion to reconsider."

Mr. HALE. I withdraw the report. Mr. HOLMAN. I suggest to the gentleman that he pursue the same course in reference to the joint resolution first reported by him.

Mr. HALE. I withdraw that also. The SPEAKER. That can only be done by unanimous consent.

No objection was made.

Mr. SCHENCK. Do I understand that reports made under this call must go upon the Calendar without debate?

The SPEAKER. That is the rule, and they cannot be brought back by motions to reconsider.

CALL OF STATES FOR RESOLUTIONS. The call of the committees having been concluded, and no further reports being made, the Speaker proceeded, as the next business in order, to call the States and Territories for resolutions and bills on leave, commencing, where the call was last suspended, with the State of Ohio.

Mr. SPALDING. I desire to offer a resolution.

The SPEAKER. Only one bill or resolution can be offered by any member upon this call. The gentleman offered one last Monday; but if there be no objection, he can offer another now.

Mr. WASHBURNE, of Illinois. I must insist upon the regular order. I want the State of Illinois to be reached.

The SPEAKER proceeded with the call.

DUTY ON PAPER.

Mr. WASHBURNE, of Illinois. I offer the following joint resolution:

Be it resolved, &c., That in lieu of the duty on printing paper, unsized, used for books and newspapers exclusively, now levied by law, there shall be levied, collected, and paid, a duty of three per cent. ad valorem.

The joint resolution was read a first and second time.

Mr. WASHBURNE, of Illinois. I demand the previous question on the engrossment and third reading of the joint resolution.

Mr. FARNSWORTH. I hope that resolution will not pass without some discussion upon it. It is too important to be decided under the previous question in this summary manner.

The SPEAKER. The demand for the previous question cuts off debate.

Mr. FARNSWORTH. I hope the previous question will not be sustained. This is a very important question.

Mr. WASHBURNE, of Illinois. I suppose debate is not in order. I take it the House understands the question fully, and we may as well try the question now.

Mr. BROOMALL. Is it in order to have this resolution considered to-day?

The SPEAKER. It is.

Mr. BROOMALL. Being a joint resolution? The SPEAKER. It is in order.

Mr. SPALDING. I move to lay the joint resolution on the table.

Mr. MOORHEAD. Is it in order to move to refer the resolution to the Committee of Ways and Means?

The SPEAKER. It will be in order if both

the

NEW SERIES.....No. 24. the pending motions, for previous question and to lay on the table, shall be voted down. Mr. FARNSWORTH. I appeal to the gentleman from Ohio [Mr. SPALDING] to withdraw his motion and let us refer the resolution to the Committee of Ways and Means.

Mr. SPALDING. I withdraw my motion, and shall vote against sustaining the previous question.

Mr. FARNSWORTH. I move to refer the joint resolution to the Committee of Ways and Means.

The SPEAKER. The motion is not in order pending the demand for the previous question.

The House divided on the demand for the previous question, and there were-ayes 31, noes 34; no quorum voting.

Tellers were ordered; and Messrs. WASHBURne, of Illinois, and GANSON, were appointed.

Mr. JOHNSON, of Pennsylvania. I would like to inquire what is the present duty on paper? The SPEAKER. The Chair cannot answer that question. It is in the nature of debate. The House again divided, and the tellers reported-ayes 56, noes 47.

So the previous question was seconded. The question recurred upon ordering the main question to be now put.

Mr. DAWES. I demand the yeas and nays. We want an opportunity to discuss this question. The SPEAKER. Debate is not in order.

The yeas and nays were ordered. Mr. FARNSWORTH. I move to lay the joint resolution upon the table.

Mr. COX. On that motion I demand the yeas and nays.

The yeas and nays were ordered.

Mr. MORRILL. I would like to inquire whether it would be in order to ask to be excused from voting on this measure on the ground that the question is now pending before the Committee of Ways and Means. [Laughter.]

The SPEAKER. The Chair will direct the rule to be read, if the gentleman desires it.

Mr. WASHBURNE, of Illinois. To relieve the gentleman, I will, if he desires it, move that he be excused from voting.

The SPEAKER. The question is now on the motion that the joint resolution be laid on the table, on which the yeas and nays have been ordered.

The question was taken; and it was decided in the negative-yeas 43, nays 84, not voting 53; as follows:

YEAS-Messrs. Alley, Ames, Ashley, Bally, Boutwell, Broomall, William G. Brown, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Eliot, Farnsworth, Frank, Garfield, Griswold, Hale, Higby, Hooper, Jenckes, Kelley, Orlando Kellogg, Knox, Marvin, Me Bride, McClurg, Moorhead, Morrill, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Pike, Alexander H. Rice, John H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, and William B. Washburn-43.

NAYS-Messrs. James C. Allen, Allison, Ancona, Anderson, Arnold, Augustus C. Baldwin, Baxter, Beaman, Blaine, Boyd, Brooks, James S. Brown, Ambrose W. Clark, Cobb, Coffroth, Cox, Cravens, Dawson, Deming, Denison, Donnelly, Eckley, Eden, Edgerton, Eldridge, Finck, Ganson, Grider, Harding, Harrington, Charles M. Harris, Herrick, Holman, Asahel W. Hubbard, John H. Hubbard, Ingersoll, Philip Johnson, Kasson, Francis W. Kellogg, Kernan, King, Law, Lazear, Le Blond, Long, Longyear, Mallory, McDowell, McIndoe, Middleton, Samuel F. Miller, Morrison, Noble, Norton, John O'Neill, Orth, Patterson, Pendleton, Price, Samuel J. Randall, William H. Randall, Robinson, Edward H. Rollins, Ross, Schenck, Scofield, Scott, Sloan, John B. Steele, William G. Steele, Strouse, Sweat, Townsend, Upson, Wadsworth, Elihu B. Washburne, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilder, Wilson, Windom, and Yeaman--84.

NOT VOTING-Messrs. William J. Allen, John D. Baldwin, Blair, Bliss, Blow, Brandegee, Chanler, Freeman Clarke, Clay, Driggs, Dumont, English, Gooch, Grinnell, Hall, Benjamin G. Harris, Hotchkiss, Hulburd, Hutchins, William Johnson, Julian, Kalbfleisch, Knapp, Littlejohn, Loan, Marcy, McAllister, McKinney, William H. Miller, Daniel Morris, James R. Morris, Nelson, Odell, Perry, Pomeroy, Pruyn, Radford, Rogers, James S. Rollins, Smith, Smithers, Starr, Stiles, Stuart, Thomas, Van Valkenburgh, Voorhees, Ward, Webster, Williams, Winfield, Benja min Wood, Fernando Wood, Woodbridge, and Worthington-53.

So the House refused to lay the resolution on

the table.

YEAS-Messrs. James C. Allen, Allison, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, Baxter, Beaman, Blaine, Bliss, Boyd, Brooks, James S. Brown, Ambrose W. Clark, Cobb, Coffroth, Cox, Cravens, Dawson, Denison, Donnelly, Driggs, Eckley, Eden, Edgerton, Eldridge, Finek, Ganson, Grider, Grinnell, Harding, Harrington, Charles M. Harris, Herrick, Holman, Asahel W. Hubbard, John H. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Kernan, King, Law, Lazear, Le Blond, Long, Longyear, Mallory, McDowell, Meindoc, Middleton, Samuel F. Miller, Morrison, Noble, Norton, Odell, John O'Neill, Orth, Patterson, Pendleton, Price, Samuel J. Randall, William II. Randall, John H. Rice, Robinson, Edward H. Rollins, James S. Rollins, Ross, Scofield, Scott, Sloan, John B. Steele, William G. Steele, Strouse, Sweat, Town

send, Upson, Wadsworth, Elihu B. Washburne, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilder, Wilson, and Yeaman-88.

NAYS-Messrs. Ames, Baily, Boutwell, Broomall, William G. Brown, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Deming, Dixon, Eliot, Farnsworth, Frank, Garfield, Gooch, Griswold, Hale, Higby, Hooper, Jenckes, Kelley, Orlando Kellogg, Littlejohn, Marvin, McBride, McClurg, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Pike, Alexander H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and Willlams-44.

NOT VOTING-Messrs. William J. Allen, Alley, John D. Baldwin, Blair, Blow, Brandegee,Chanter, Freeman Clarke, Clay, Dumont, English, Hall, Benjamin G. Harris, Hotchkiss, Hulburd, Hutchins, Williani Johnson, Kalbfleisch, Francis W. Kellogg, Knapp, Knox, Loan, Marcy, McAl lister, McKinney, William H. Miller, James R. Morris, Nelson, Perry, Pomeroy, Pruyn, Radford, Rogers, Schenck, Smith, Smithers, Starr, Stiles, Stuart, Thoinas, Van Valkenburgh, Voorhees, Ward, Webster, Windom, Winfield, Benjamin Wood, Fernando Wood, Woodbridge, and Worthington-48.

When the call of the roll had been concluded, Mr. ALLEY, who was not within the bar when his name was called, asked leave to vote. Mr. HARRINGTON objected.

The result was then announced as above stated. So the main question was ordered, which was on ordering the joint resolution to be engrossed and read a third time.

Mr. SPALDING. I move that the House adjourn; and on that motion I demand the yeas and

nays.

Mr. BROOMALL, I was just going to make the same motion.

The yeas and nays were ordered.

Mr. MORRILL. Mr. Speaker, I rise for the purpose of asking unanimous consent to make a suggestion to the gentleman from Illinois.

Mr. WASHBURNE, of Illinois. I do not object, provided I am permitted to reply. Mr. RANDALL, of Pennsylvania. I object, unless we all have a chance to be heard.

The question recurred on the motion to adjourn. The question was taken; and it was decided in the negative-yeas 13, nays 115, not voting 54; as follows:

YEAS-Messrs. Baily, Cox, Henry Winter Davis, Thomas T. Davis, Dawes, Hale, Jenckes, Law, Moorhead, Alexander H. Rice, Spalding, Thayer, and William B. Washburn-13.

NAYS-Messrs. James C. Allen, Allison, Ames, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Blaine, Blair, Bliss, Blow, Boutwell, Boyd, Brooks, Broomall, James S. Brown, William G. Brown, Ambrose W. Clark, Clay, Cobb, Coffroth, Cole, Cravens, Creswell, Dawson, Deming, Denison, Dixon, Donnelly, Driggs, Eckley, Eden, Edgerton, Eliot, Farnsworth, Finck, Frank, Gooch, Harding, Ilarrington, Charles M. Harris, Herrick, Higby, Holman, John H. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Kernan, King, Le Blond, Littlejohn, Long, Longyear, Marvin, McClurg, Mc Dowell, McIndoe, Middleton, Samuel F. Miller. Morrill, Daniel Morris, Morrison, Amos Myers, Leonard Ayers, Noble, Nor ton, Odell, Charles O'Neill, John O'Neill, Orth, Patterson, Perham, Perry, Pike, Price, Samuel J. Randall, William H. Randall, John II. Rice, Robinson, Rogers, Edward H. Rollins, James S. Rollins, Ross, Schenek, Scofield, Scott, Shannon, Sloan, John B. Steele, William G. Steele, Stevens, Strouse, Townsend, Tracy, Upson, Van Valkenburgli, Wadsworth, Elibu B. Washburne, Wheeler, Chilton A. White, Joseph W. White, Williams, Wilder, Wilson, Windom, and Yeaman-115.

NOT VOTING-Messrs. William J. Allen, Alley, Brandegee, Chanler, Freeman Clarke, Dumont, Eldridge, English, Ganson, Garfield, Grider, Grinnell, Griswold, Hall, Benjamin G. Harris, Hooper, Hotchkiss, Asahel W. Hubbard, Hulburd, Hutchins, William Johnson, Kalbfleisch, Knapp, Knox, Lazear, Loan, Mallory, Marcy, MeAllister, McBride, MeKinney, William H. Miller, James R. Morris, Nelson, Pendleton, Pomeroy, Pruyn, Radford, Smith, Smithers, Starr, Stiles, Stuart, Sweat, Thomas, Voorhees, Ward, Webster, Whaley, Winfield, Benjamin Wood, Ferpando Wood, Woodbridge, and Worthington-54,

So the House refused to adjourn.

During the vote,

Mr. JOHNSON, of Pennsylvania, stated that his colleague, Mr. STILES, was absent from the city, and that he had no doubt if he were present he would vote for the adjournment.

Mr. HERRICK stated that his colleague was detained from the House by illness.

Mr. SLOAN moved that the reading of the list be dispensed with.

Mr. SPALDING objected.

Mr. VAN VALKENBURGH stated that his colleague, Mr. POMEROY, was absent on account of illness.

Mr. MORRILL stated that his colleague, Mr. WOODBRIDGE, was detained from the House by sickness in his family.

The vote was then announced as above recorded. Mr. BROOMALL moved that when the House

adjourns to-day it adjourn to meet on Wednesday next, and on that motion demanded the yeas and nays.

Mr. MORRILL. I hope the gentleman from Pennsylvania will withdraw that motion. Mr. ELDRIDGE. I object to debate. The yeas and nays were not ordered. The motion was then disagreed to.

Mr. BROOMALL moved that the House do now adjourn; and on that motion demanded the yeas and nays.

The yeas and nays were not ordered; and the motion was then disagreed to.

The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time. Mr. WASHBURNE, of Illinois, demanded the previous question on the passage of the joint resolution.

The previous question was seconded, and the main question ordered.

Mr. RICE, of Massachusetts, moved that the resolution be laid upon the table.

Mr. HOLMAN demanded the yeas and nays. The yeas and nays were ordered. The question was taken; and it was decided in the negative-yeas 42, nays 91, not voting 49; as follows:

YEAS-Messrs. Alley, Ames, Baily, John D. Baldwin, Boutwell, Broomall, William G. Brown, Freeman Clarke, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Ehot, Farnsworth, Garfield, Hale, Higby, Hooper, Jenckes, Kelley, Orlando Kellogg, Marvin, McBride, McClurg, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Pike, Alexander H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and Williams-42.

NAYS-Messrs. James C. Allen, Allison, Ancona, Anderson, Arnold, Ashley, Augustus C. Baldwin, Baxter, Beaman, Blaine, Blair, Bliss, Blow, Boyd, James S. Brown, Ambrose W. Clark, Clay, Cobb, Coffroth, Cox, Cravens, Dawson, Deming, Denison, Donnelly, Eckley, Eden, Edgerton, Eldridge, Finck, Frank, Ganson, Grider, Harding, Harrington, Charles M. Harris, Herrick, Holman, Asaliel W. Hubbard, John H. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Francis W. Kellogg, Kernan, King, Law, Lazear, Le Blond, Longyear, Mallory, McDowell, MeIndoc, Middleton, Samuel F. Miller, Morrison, Noble, Norton, Odell, Jolin O'Neill, Orth, Patterson, Perry, Price, Samuel J. Randall, Williain H. Randall, Rogers, Edward II. Rollins, James S. Rollins, Ross, Schenck, Scofield, Scott, Sloan, John B. Steele, William G. Steele, Strouse, Townsend, Upson, Van Valkenburgh, Wadsworth, Elihu B. Washburne, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilder, Wilson, Windom, and Yeaman-91. NOT VOTING-Messrs. William J. Allen, Brandegee, Brooks, Chanler, Driggs, Dumont, English, Gooch, Grinnell, Griswold, Hall, Benjamin G. Harris, Hotchkiss, Hulburd, Hutchins, William Johnson, Kalbfleisch, Knapp, Knox, Littlejohn, Loan, Long, Marcy, McAllister, McKinney, William II. Miller, James R. Morris, Nelson, Pendleton, Pomeroy, Pruyn, Radford, John H. Rice, Robinson, Smith, Smithers, Starr, Stiles, Stuart, Sweat, Thomas, Voorhees, Ward, Webster, Winfield, Benjamin Wood, Fernando Wood, Woodbridge, and Worthington-49.

The question recurring on the passage of the resolution

Mr. JENCKES demanded the yeas and nays. The yeas and nays were ordered.

The question was put; and it was decided in the affirmative-yeas 98, nays 40, not voting 44; as follows:

YEAS-Messrs. James C. Allen, Allison, Ancona, Arnold, Augustus C. Baldwin, Baxter, Beaman, Blaine, Blair, Bliss, Blow, Boyd, Brooks, James S. Brown, Chanler, Ambrose W. Clark, Clay, Cobb, Coffroth, Cox, Cravens, Dawson, Deming, Denison, Donnelly, Driggs. Eckley, Eden, Edgerton, Eldridge, Finck, Ganson, Garfield, Grider, Grinnell, Harding, Harrington, Charles M. Harris, Holman, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Ingersoll, Philip Johnson, Julian, Kasson, Francis W. Kellogg, Kernan, King, Law, Lazear, Le Blond, Long, Longyear, Mallory, McDowell, McIndoe, Middleton, Samuel F. Miller, Morrison, Norton, Odell, John O'Neill, Orth, Pattereon, Pendleton, Perry, Price, Samuel J. Randall, William

H. Randall, John H. Rice, Robinson, Rogers, Edward H. Rollins, James S. Rollins, Ross, Schenck, Scofield, Scott, Sloan, John B. Steele, William G. Steele, Strouse, Sweat, Townsend, Upson, Van Valkenburgh, Wadsworth, Elihu B. Washburne, Webster, Whaley, Wheeler, Chilton A. White, Joseph W. White, Wilder, Wilson, Windom, and Yeaman-98.

NAYS-Messrs. Alley, Ames, Baily, John D. Baldwin, Boutwell, Broomall, William G. Brown, Freeman Clarke, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dixon, Eliot, Farnsworth, Frank, Hale, Higby, Hooper, Jenckes, Kelley, Orlando Kellogg, Marvin, MeBride, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Charles O'Neill, Perham, Alexander H. Rice, Shannon, Spalding, Stevens, Thayer, Tracy, William B. Washburn, and Williams-10.

NOT VOTING-Messrs. William J. Allen, Anderson, Ashley, Brandegee, Dumont, English, Gooch, Griswold, Hall, Benjamin G. Harris, Herrick, Hulburd, Hutchins, William Johnson, Kalbfleisch, Knapp, Knox, Littlejohn, Loan, Marcy, McAllister, McClurg, McKinney, William H. Miller, James R. Morris, Nelson, Noble, Pike, Pomeroy, Pruyn, Radford, Smith, Smithers, Starr, Stiles, Stuart, Thomas, Voorhees, Ward, Winfield, Benjamin Wood, Fernando Wood, Woodbridge, and Worthington-44.

So the resolution was passed.

Mr. WASHBURNE, of Illinois, moved that the vote by which the resolution was passed be reconsidered; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

THANKS OF CONGRESS TO GENERAL SHERIDAŃ.
Mr. WASHBURNE, of Illinois. I ask unani-
mous consent to introduce a joint resolution.
Mr. BROOMALL. I object.

Mr. WASHBURNE, of Illinois. I move to suspend the rules. It is a resolution of thanks to General Sheridan.

Mr. BROOMALL. Then I withdraw my ob. jection.

Mr. WASHBURNE, of Illinois, then, by tendering the thanks of Congress to Major Genunanimous consent, introduced a joint resolution eral Philip Sheridan, and the officers and men under his command; which was read a first and second time, and referred to the Committee on Military Affairs.

AMENDMENT OF THE CONSTITUTION.

Mr. FRANK, by unanimous consent, presented a concurrent resolution of the Legislature of New York, proposing an amendment to the Constitution of the United States so as to abolish slavery; which was laid on the table and ordered to be printed.

Mr. COX. I suppose such resolutions can be referred under the rule.

The SPEAKER. Resolutions from State Legislatures are generally received in the House and ordered to be printed. But the Chair is informed by the Journal Clerk that this resolution has already been printed.

Mr. FRANK. I think not.

The SPEAKER. If it has been printed, it will not be printed again.

Mr. SCHENCK. I rise to a question of privilege.

PRINTING OF AGRICULTURAL REPORT. Mr. HUBBARD, of Connecticut. I ask the gentleman from Ohio to yield to me a moment. Mr. SCHENCK. I will yield.

Mr. HUBBARD, of Connecticut. I ask unanimous consent to introduce the following resolution:

Resolved, That the Committee on Printing be directed to inquire into the cause of the delay in printing the agricultural and mechanical report for the year 1863, and make a report thereon.

Mr. Speaker, it has been announced by a portion of the press that these valuable reports have been printed and prepared for distribution, by reason of which, the farmers of the country are constantly calling for copies, and we are unable to respond. I was informed on Saturday by the superintendent of the folding-room, that the members of the House were entitled only to ten copies each, to that time, and that the balance would not be ready for distribution till some time in June next. I have offered the resolution to ascertain the reason of the delay, and that correct information may go to the country on the subject. By unanimous consent the resolution was admitted, read, and agreed to.

USE OF THE HALL OF THE HOUSE.

Mr. FARNSWORTH. Will the gentleman from Ohio yield to me to present a resolution? Mr. SCHENCK. I will; but I cannot yield any further.

Mr. FARNSWORTH. I ask unanimous consent to introduce the following resolution:

Resolved, That the use of the Hall of this House be given to Bishop Simpson, for the purpose of a lecture, on Wednesday evening next, the 25th instant.

Mr. COX. I object to using the Hall for any purpose except that of legislation.

Mr. FARNSWORTH. I move to suspend the rules.

Mr. ROSS. What kind of a lecture is it to be? Mr. FARNSWORTH. It is to be a moral lecture, and therefore I hope my colleague will not object. [Laughter.]

On the motion to suspend the rules, the House divided; and there being-ayes 54, noes 51,

Mr. ECKLEY demanded the yeas and nays. The yeas and nays were not ordered. So the rules were not suspended, two thirds not voting in favor thereof.

ENROLLED BILLS.

Mr. COBB, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles:

An act (H. R. No. 607) to provide for an advance of rank to officers of the Navy and Marine corps for distinguished merit; and

An act (H. R. No. 598) making appropriations for the consular and diplomatic expenses of the Government for the year ending the 30th of June, 1866; when the Speaker signed the same.

EXECUTIVE COMMUNICATION.

The SPEAKER, by unanimous consent, laid before the House a communication from the Department of the Interior transmitting an account of the superintendent and agent of the southern superintendency having charge of refugee Indians; which was laid on the table, and ordered to be printed.

EXCHANGE OF PRISONERS.

The SPEAKER also laid before the House an answer of the Secretary of War to a resolution offered on the 21st of December last, in regard to the exchange of prisoners; which was read, ordered to be printed, and referred to the Committee on Military Affairs.

Mr. SCHENCK. I am instructed by the Committee on Military Affairs to ask the unanimous consent of the House to offer the following resolution:

Resolved, That the Committee on Military Affairs be authorized to send for persons and papers, and to examine witnesses, in their investigation as to the exchange and treatment of prisoners of war under former resolutions of this House.

There being no objection, the resolution was considered and agreed to.

BREACH OF PRIVILEGE.

Mr. SCHENCK. I now rise to a question of privilege, and I ask first to have read at the Clerk's desk the proceedings before a police court in this city, as published in a newspaper of Washington yesterday morning, in relation to a member of this House.

The Clerk proceeded to read an article from the Sunday Chronicle.

Mr. MALLORY. I rise to a question of order. Can that be regarded as a question of privilege in this House?

The SPEAKER. The Chair cannot yet ascertain whether it is a question of privilege or not. Mr. SCHENCK. After the reading of the proceedings I propose to offer a resolution.

The SPEAKER. The Chair would state to the gentleman from Ohio that the proper mode would be to offer the resolution first.

Mr. MALLORY. I should say so. The SPEAKER. The Chair can then decide whether it is a question of privilege or not.

Mr. SCHENCK. I can do that; but I supposed that, as a statement by a member is sometimes made accompanying the resolution, this publication might be received as such statement, but as that is objected to I will offer the resolution first.

Mr. MALLORY. If I could understand that it was a question of privilege I would not object to the manner of its introduction.

The Clerk read the resolution, as follows: Whereas it is understood that on the evening of Friday, the 20th instant, A. P. Field, a citizen of Louisiana, did at tempt by language of intimidation, and by bullying, to deter

William D. Kelley, a Representative in this House from the fourth district of the State of Pennsylvania, from the free and fearless exercise of his rights and duties as a member of Congress, and voting and deciding upon a pending subject of legislation, and did follow up the said attempt at intimidation and bullying by an assault upon the person of the said Representative Kelley, thus committing a breach of the privilege of this House: Therefore,

Be it resolved, That a select committee of five members be appointed by the Speaker to inquire into the said alleged breach of privilege; that the said committee have power to send for persons and papers, and to examine witnesses; and that the committee report as soon as possible all the facts and circumstances of the affair, and what order, if any, it is proper for this House to take for the vindication of its privilege, and right, and duty of free legislation and judgment.

Mr. MALLORY. I raise the question of order that the case set forth by the gentleman from Ohio does not bring the matter within the question of privilege.

The SPEAKER. The Chair would refer the gentleman from Kentucky to the 145th page of the Digest. In the Twenty-Second and TwentyThird Congresses it was decided that an assault upon a member was a breach of privilege, and even the use of menacing language toward a member out of the House. The Chair has looked at it since the point was raised by the gentleman from Kentucky, and the various precedents have been there cited by the Journal Clerk of the House. Mr. MALLORY. I am happy to hear that we are surrounded with more safeguards for our protection than I had supposed.

The Clerk then read the statement, as follows: THE ASSAULT AND BATTERY UPON JUDGE KELLEY.-The case of A. P. Field, charged with assault and battery on Judge W. D. Kelley, member of Congress from the fourth district of Pennsylvania, was brought before Police Justice F. A. Boswell, at his office on E street, near Thirteenth street, at three p. m. yesterday.

Hon. Thomas Corwin, of Ohio, appeared as counsel for Field. Most of the congressional delegation from Louisiana were present.

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Judge W. D. Kelley was 'sworn, and testified as follows: I was spending the evening of yesterday with Hon. Charles O'Neill, at his rooms on F street, where I met several friends. After a while we proceeded to Willard's Hotel to supper. At first I did not recognize what persons were at the table. Soon Judge Field asked, "Why do you keep us out in the cold? Why don't you admit us, like a man?" Rather than appear rude, I simply said, "I have nothing to do with admitting you; the question is in the committee, and is not yet before the House." Then he said, with an oath, "Why do you not come up like a man and toe the line?" I then remarked in subdued tones, Judge Field, if you will inquire of my friends, you will find I am in the habit of toeing the mark; of marching up to the line." He then broke out more violently, "You dare not go home and face your constituency; you would quail before them." I replied, "Judge Field, my constituency will not rebuke me for excluding a man like you, who, before ladies, can act as you are doing." He then, uttering another oath, quitted the room, remarking as he did so, "I will hold you responsible; you shall feel me for that." I left the supper room in about fifteen or twenty minutes thereafter, and on passing into the hall saw Judge Field conversing with other gentlemen. On purpose to avoid him I endeavored to pass out the other way, but he saw me, and running to me, seized the collar of my coat with his left hand, while with his right hand he struck me, exclaiming as he did so, with an oath, "You shall give me satisfaction." The blow appeared to strike to the bone, and clear across it. I said, "You are an old man, and I wish you would go away; I do not want to strike you." He then made a second effort to strike me, but Major Harper seized his arm. Meanwhile I felt the blood trickling down, [witness here exhibited the wound; it was about one and a half inch long, on the back part of the hand, near the wrist.] People gathered around, and some attachés of the hotel insisted on my going away. I told them I was not the culprit; they should take the other man away; he was the disturber. Judge Field went on the platform and talked with other gentlemen, saying he was armed, and he could take care of himself.

Judge Field. Did you not tell me at the table to go back and tell the people of Louisiana to send a more decent man there?

Answer. I uttered no such words; what I said was, my constituency will not rebuke me for excluding such a man as you are, who behaves in the presence of ladies as you do. Major Harper testified as follows: In the company of Judge Kelley and Hou. Leonard Myers, I went to the rooms of Hon. Charles O'Neill, about nine o'clock; left at half past ten or eleven o'clock, and went to supper at Willard's; I sat next to Judge Field, and Judge Kelley sat on my right; Judge Field leaned over and said, "Judge, why do you keep us out in the cold?" Judge Kelley replied that the delegation business was in committee, and had not come before the House; Judge Field then said Judge Kelley ought to toe the mark; a lady was sitting near, when Judge Field with an oath, said, "You dare not go before your constituency; you would quail before them;" he then left the table, saying he would see him outside and hold him responsible. Suspecting there would be trouble, I came out first to see where Field was, and if possible prevent a col· lision; noticing the Judge sitting on the heater, I returned and told Judge Kelley he had better go out by the side door; as he was passing out, I observed Judge Field advancing rapidly toward Judge Kelley, and as I came up he struck with his right hand and grappled with his left; on bis attempt to strike the second blow, I saw the knife and arrested his arm; he wanted me to let go, but I would not; a clerk belonging to the hotel wished Judge Kelley to go

away; the Judge replied that he was the injured man, and that the other should be taken care of; I went with Judge Kelley to get his wound dressed; when we returned Judge Field was walking up and down very much excited: I went with Judge Kelley to his room, and when I returned I found Judge Field had been arrested.

The knife be used was a dark-handled one with a small blade.

Judge Field. Did not Judge Kelley tell me to go and tell my constituency to send a more decent man there? Answer. I sat between you, and I say Judge Kelley made no such remark as that. Such words did not issue from his mouth. You said you would hold him responsible, and have satisfaction.

Judge Field, with an oath, said the witness lied.

The court reminded the accused that such language could not be tolerated.

[Despite this reminder of the court, Judge Field continued, in the same style of language, to interrupt the witness with questions and remarks, which we deem it proper to exclude from our columns.]

Judge Kelley said: I have other witnesses, but I suppose their examination might be dispensed with. In view of the fact that Judge Field has told many persons that he would take my life, I ask that the bail be of so substantial a character that I can feel I have protection while going about my public duties.

Justice Boswell said he should require Judge Field to find bail in the sum of $500 to answer the charge of assault and battery at the next term of court, and a further bail of $1,000 to keep the peace toward Judge Kelley for the space of six months.

Mr. John D. Hammack became his bail for the sumis named.

Mr. FARNSWORTH. I offer the following amendment, to come in at the end of the resolution:

And until the report of such committee shall be made, the said A. P. Field shall be excluded from the privileges of this floor.

I understand that at present, by order of the House, he is entitled to the privilege of the floor, and that should be denied him.

Mr. JOHNSON, of Pennsylvania. I think we had better have him tried first. The committee will probably be able to report by to-morrow. We had better give this gentleman a fair opportunity of making his defense.

Mr. FARNSWORTH. I think the facts are sufficiently verified already for us to take this action. Until the report of the investigating committee can be made, this man ought to be excluded from the floor.

Mr. JOHNSON, of Pennsylvania. I do not like to see the precedent established that upon the mere reading of a newspaper article the House should take such action as this. Let us have a full investigation of the matter, and I will go as far as any gentleman will in making any order which may be necessary to protect any member from any threat or violence from any blackguard either inside the House or outside of the House, whether it be upon this side of the House or upon the other side.

Mr. MOORHEAD. I desire to know from the Chair whether an amendment to the amendment is in order.

The SPEAKER. It would be if it were ger

mane.

Mr. MOORHEAD. Mr. Speaker, I dislike the appearance of the Pennsylvania delegation or of any member of it coming here invoking the protection of the House. I dislike the asking of a committee to investigate this matter.

Mr. COX. I would like to inquire whether the amendment proposed by the gentleman from Illinois [Mr. FARNSWORTH] has been accepted by the mover of the original resolution.

Mr. SCHENCK. I have no objection to it; but I do not accept it. I leave it to the House. Mr. COX. Is it in order to debate it? The SPEAKER. It is; and the gentleman from Pennsylvania [Mr. MOORHEAD] is on the floor debating it.

Mr. MOORHEAD. I think that this was so gross an outrage, without any provocation, without any cause, that this House should adopt the amendment offered by the gentleman from Illinois, [Mr. FARNSWORTH,] and exclude Mr. Field from the privileges of the floor. I hope that will be done promptly and by a unanimous vote of the House. I do not think there is any member here who would wish to be associated with a man who would be guilty of so gross an outrage. But I do not wish to have the thing magnified. 'The question as to whether this man has a claim to a seat here has not been examined; but I would have him immediately excluded from the privi leges of the House. I hope, therefore, that the amendment of the gentleman from Illinois will be I do adopted in place of the original resolution. I not want to have any report from a committee.

and bringing him to the bar of the House to answer for his high offense. That was done in the Houston case. He was immediately brought to the bar of the House.

A VOICE. He was a member.

Mr. THAYER. No, sir; I beg the gentleman's pardon; he was not a member of the House, but he had been a member. And, sir, I suppose that the case of a man who is here asking for admission to this House presents quite as strong a case for the action of this House as that of a man who had been a member of the House.

asserted its determination to maintain its privileges and its dignity by arresting and bringing to its bar, and trying and punishing anybody, it makes no difference who, who is guilty of a breach of the privileges of this House. There can be no greater breach of the privilege of this House than an assault upon a member of the House for his political action.

Now, I suggest to the gentleman from Ohio [Mr. Cox] if the House of Representatives was justified in Houston's case, upon the simple statement of Mr. Stanbery, a member of the House, in ordering its Sergeant-at-Arms to take Mr. Houston into custody, and bring him immediately to its bar for trial, where he was tried and punished, that we do not go beyond the precedent simply in passing a resolution that the gentleman who is accused of having committed this breach of privilege shall be excluded from the privileges of the floor of this House during the examination which is contemplated by the resolution before the House.

Mr. COX. Do I understand the gentleman to say that he would vote for this amendment as a punishment, without giving the gentleman from Louisiana a hearing upon this floor?

Mr. THAYER. Not at all.

Mr. COX. Then you are not in favor of the amendment?

Mr. THAYER. I favor it upon this ground: I think that no man against whom a prima facie case is made out by a member of this House of an assault upon him in the exercise of his representative privileges, is fit to come into this House while he rests under that charge. If the investigation shall prove that the charge is groundless, that there has been an error of fact, I will be as quick as anybody to vote to restore the gentleman to the privileges of which he is deprived. But I maintain that a proper assertion of the dignity and self-respect of this House requires, when a prima facie case is made against a man of an assault committed upon a member of this House for the exercise of his privilege as a Representative, that that man shall not be permitted to come into this House until he has cleared his skirts of the charge preferred against him.

I have only to add that the present circumstances place this case in as strong a light as the case of Houston. Although no communication has been addressed to this House by my colleague, who was subjected to this gross and brutal insult, yet the testimony of that gentleman, given before the tribunal which examined into the charge, has been read within the hearing of my colleague, and he has not denied its correctness, and, by remaining silent, he has given his acquiescence to the correctness of the report. Members of the House, then, in my opinion, are bound to take the statement which has been read within the hearing of the gentleman from the fourth district of Pennsylvania [Mr. KELLEY] as the statement of the gentleman himself. It is the record of his own testimony; it is a record which, by listening to here, he indorsed as correct; and therefore it stands before the House in as strong a light as if the gentleman from the fourth district of Pennsylvania had sent a written communication to this House, informing this House of all the circumstances of the assault-the manner in which it was done by Stanbery in the Houston case.

The House cannot be too jealous of its dig. nity and its rights. We do not inquire in regard to a private injury. It is upon no such idea that the action of this House is predicated. It goes upon higher grounds, and those grounds are that the rights of the people in the keeping of their Representatives here upon the floor of this Hall, as well as the untrammeled liberty of the Repre

bring to immediate justice anybody who outrages the rights of the people in the person of the Representative. Sir, I hold that while this inquiry is going on, and in the face of the prima facie case which has been presented to the House, the person who has been charged with this offense should be excluded from the privileges of the floor of this House.

Mr. COX. Mr. Speaker, I wish to add only a word or two. I think my colleague [Mr. SCHENCK] has followed the precedents laid down in the Houston and Stanbery case, and that he intends to give a fair chance for an examination of this case before he proceeds to affix a penalty. That case of Houston and Stanbery was a case that excited a great deal of interest at the time. It is well known, and especially in my own district, for Stanbery happened to be a predecessor of mine in the district which I formerly represented, and he never came back to Congress because he submitted to this flagellation by Houston. But the resolution offered by Mr. Davis, of Massachusetts, in that case looked to a fair hearing before punishment. An order was made that Houston should be placed at the bar of the House and that the letter of Stanbery should be read to him; after which the Speaker put to him certain interrogatories. Here is one of them: "Do you deny or admit that you. assaulted and beat the said Stanbery, as he has represented in the letter which has been read, a copy of which has been delivered to you by the order of the House?" This was preliminary to punishment. But the gentleman proposes to hang the man first and try him afterward. That is not fair; it is not according to the rules of criminal jurisprudence.

Mr. THAYER. The gentleman will allow me to say that I do not propose to do any such thing. I do not propose to punish this man until he be duly convicted; but I do propose, after a prima facie case is made out against him, to exclude him from the floor of the House until investigation shall prove him innocent.

Mr. COX. Well, I look upon that as a penalty, as a punishment, and perhaps the only punishment that this House can inflict upon him. The only connection he has with the House is the privilege of the floor which the House has granted him.

Mr. SCHENCK. Will my colleague yield to me for a moment?

Mr. COX. Certainly, sir.

Mr. SCHENCK. Mr. Speaker, I have made myself familiar with this Stanbery case, and indeed I had a pretty lively recollection of that case from its political aspect; for, although then a very young man, I was connected with one of the members here who was very active in the course of this proceeding, in seeing that proper action of the House was had as against Houston.

The member from Pennsylvania [Mr. THAYER] is right in this, that in that case, instead of appointing a committee in the first place to investigate and report to the House, a warrant was immediately issued, and Houston was brought to the bar of the House. I have no objection at all to that course being pursued now. I thought that perhaps the one which I have proposed might save time and accomplish the end as well. That was my only reason for deviating from that particular precedent. After Houston had been brought to the bar of the House, however, a committee was appointed, at the head of which was Mr. Davis, of Massachusetts, to report what proceedings the House would take in the case. That committee reported that Houston, who had been sent from the bar while the matter was being discussed, should be again brought to the bar and certain questions put to him in succession, touching his admission or denial of the charge made

by Mr. Stanbery; and after a full examination of Houston, himself, at the bar, he was again withdrawn, and the House proceeded to consider what they would do.

Now, it so happened that Houston, having been a member of the House, had the privilege of the floor at that time. There was a proposition to exclude him from the privileges of the floor pending the consideration of his case; but after the case had been fully heard a motion was made that he be punished in this form: first, that he be brought to the bar of the House, and reprimanded by the Speaker for the assault made on a member of the House; and second, that he be deprived of the privileges of the floor under-I think it was-the 13th rule. The House, it being in high party times, voted down that part of the punishment which excluded him from the floor; but it did adopt the resolution directing the Speaker to reprimand him, and he was punished accordingly. So that not only did the House not exclude Houston from the floor during the progress of the inquiry, but when that was proposed as a form of punishment it was voted down. That happens to be the fact in regard to Houston's case, who himself had the privilege of the floor as an exmember, just as Field has now the privilege of the floor by an express resolution of the House. It was for that reason that I left out everything relating to Field's having the privilege of the floor, intending to leave that part of it for a future proceeding. If it be thought that part of the punishment should be to deprive him of the privilege of the Aoor, I, for one, shall think it a proper mode of punishment, and a very small part of what should be extended to him. But I did not propose that that should be done in the first

instance.

Again, the gentleman is mistaken in this; but it is only to be accounted for by the fact that it was in high party times. Mr. Stanbery communicated by letter to the House that an assault had been made upon him by Mr. Houston, a citizen, near his lodgings on Pennsylvania avenue. On the motion being made to arrest Houston, a discussion arose, and it was questioned whether there was sufficient showing for the action of the House in the written statement of the member; and some of the colleagues and friends of Mr. Stanbery yielded a point which I think I never would have yielded, and in the midst of the discussion they sent out Mr. Stanbery and had an affidavit made of the truth of the facts stated in the letter. All that is obviated here, however, because the testimony which I have introduced is already sworn to. I do not think that any member has objected to it on the ground of its not being sufficient. I think I should prefer that Mr. Field should be brought to the bar of the House by the Sergeant-at-Arms, as was done in Houston's case; but, on consideration, I supposed that the other was a better mode. I should not object to an amendment proposing that Field should be brought to the bar of the House instead of what is proposed by my resolution; but in regard to the other matter of excluding him from the floor now, it is not only, as my colleague [Mr. Cox] has said, anticipating the decision and giving punishment before inquiry, but it is, so far as Houston's case is concerned, directly in face of the precedent where the House refused to take away from him the privileges of the floor.

Mr. FARNSWORTH. Mr. Speaker, if this were a proceeding like the proceeding in the case of Houston, where the Speaker was directed to issue his warrant for the immediate arrest of the offender, there would be, of course, no propriety in refusing the individual the privilege of the floor, because, in such case, he could only come on the floor under arrest. The resolution offered by the gentleman from Ohio [Mr. SCHENCK] is for the appointment of a committee to investigate the case and report upon it to the House. This individual is not entitled, by right, to the privileges of the floor; nor is there any rule of the House entitling him to it. There is only an order of the House giving him that courtesy. It does seem to me that where a prima facie case like this is made out by the statement of the aggrieved party from Pennsylvania, it is eminently proper that. this courtesy, heretofore extended to the culprit, should be withdrawn until the case shall have been investigated.

I do not propose to reply to the argument of