shall be submitted to the people with the law authorizing the debt to be contracted.

"SEC. 38. The credit of the State shall not, in any manner, be given to, or in aid of, any individual, association, or corporation."

Mr. BROWN, of Wisconsin. Mr. Speaker, if I understand the gentleman's point in answer to me, it is that they may draft a law and submit it to the people, by which the people may assume that debt, providing in the law for the payment of the interest and principal. If the gentleman had been contented to accept that provision, and that alone, they might perhaps have had some reason in saying that they assume this risk of such action by the people. But the difficulty is that they commence with authorizing the President at any cost to make the proposed improvement. We all know that the people of Illinois could never consent to tax themselves to an amount which is necessary in order to complete this improvement, so that gentlemen use that only to attract the attention of the House, relying in fact upon the first provision.

Mr. INGERSOLL rose.

Mr. BROWN, of Wisconsin. If the gentleman will allow me, as my time is brief, I will go on without further interruption. If it does not come out of my thirty minutes I shall be happy to be interrupted as often as gentlemen please.

Mr. INGERSOLL. I want to correct the gentleman, and I presume that he does not desire to be in error. There is a provision in the bill under consideration that this act shall not take effect, even with the vote of the House and the Senate and the approval of the President of the United States, until Illinois has complied with the condition of the contract on its part.

Mr. BROWN, of Wisconsin. Then I say that if there is such a provision, I think that we ought to reject the bill, because it is not drawn in a manner to express ideas. If the State of Illinois is to do the work, and that alone is what you seek, why do you put it in the power of the President of the United States to do it? Why do you require him to go on and contract? The limitation the gentleman speaks of is a limitation to Illinois of $5,000,000, and not a limitation of the power of the President of the United States.

Mr. INGERSOLL rose.

Mr. BROWN, of Wisconsin. I cannot be interrupted any further. When the gentleman interrupted me before I was not touching a kindred subject; I was showing that we could get in no shape any remuneration from that long canal, because the Ordinance of the Northwest, ratified between the Government and every State of the Northwest, made these highways free from imposition or toll.

Mr. INGERSOLL. If the gentleman will allow me. The gentleman has no objection to the President to construct this improvement without an appropriation of five or six million dollars. On that point I think he will have no objection to the bill. I think the issue is whether we will pass the bill or not.

Mr. BROWN, of Wisconsin. It may appear to the gentleman that there is no objection to authorizing the President to make a contract involving millions and millions. Does he think that the country will hold back from the contractors the reward of their labor? I say that when we authorize the President to construct that work we give him every power necessary. If I authorize my agent to build a house he has the power to bind me to every extent necessary to accomplish that object. So with the President. And this may cost, as I believe it will, hundreds of millions of dollars. If after Congress pass this bill it should refuse to appropriate the money, it would be a breach of faith, which I hope no man here will be guilty of.

Now for the commercial advantages. I have shown that a small portion of the cost of this canal, twelve feet deep, was to be $20,000,000. If we take it six feet deep, which, I believe, is the provision of this bill, then it will be $10,000,000. What is a canal six feet deep worth for the purposes of intercourse between the Mississippi and Lake Michigan? I do not know how many members of the House have ever been on Lake Michigan, but I can speak from experience as having been on that lake and on the ocean and on the Mississippi. The ordinary navigation of the Mississippi river is with light-draught boats, drawing

often not more than ten, twelve, or fifteen inches, though sometimes as high as two feet. I know what Lake Michigan is, and I tell gentlemen who have not been there that you want stronger and better sea-going boats for that lake than you do for the navigation of the ocean; and I will give the reason for it. Upon the ocean, where you have sea-room, you give way to the storm, and the effect of not opposing it diminishes the danger. But on Lake Michigan, where you have narrow sea-room, you must turn and tack from point to point, and resist the force of the waves, and on that account the strain is greater upon the vessel, and therefore stronger vessels are needed than upon the Ailantic ocean. Let me ask gentlemen if they would intrust themselves upon the Atlantic ocean in a vessel drawing only six feet of water?

But more than that: suppose you have a canal of the depth of twelve feet, to obviate these difficulties; your vessel from Lake Michigan, which is to pass over this canal, will draw six, seven, eight, or nine feet, and though it might get through the canal, it could not navigate the Mississippi. I presume that many of you, and I know that the gentleman from Illinois, [Mr. WASHBURNE,] Who is an advocate of this measure, has gone up the Mississippi in boats drawing but a few inches, and has been compelled to lie hours and days upon bars in the river. What, then, is the use of getting into the Mississippi river with boats of six and eight feet draught, when you cannot use them when you get them there?

[Here the hammer fell.]

Mr. ARNOLD. I shall not occupy the time of the House in reply to the remarks of the gentleman from Wisconsin. I will simply say that he resides in the town of Milwaukee, formerly the rival of Chicago.

Mr. COX. Will not the gentleman from Illinois allow my friend from Wisconsin ten minutes further time?

Mr. ARNOLD. I think I have been very liberal, as I have allowed the gentleman more than half my time.

Mr. BROWN, of Wisconsin. to the gentleman for a moment. lect

Let me appeal He will recol

Mr. ARNOLD. Gentlemen upon this side of the House desire to speak, otherwise I should be glad to hear the eloquent gentleman further. I listened to the gentleman's appeal, and granted him more than half my time.

Mr. BROWN, of Wisconsin. The gentleman certainly is not afraid that I shall move him against his own reason. I ask him to recollect that when this amendment was before the House, attached to another bill, by an understanding with him I did not speak against that amendment, and there was an understanding that I should have a chance to speak here.

Mr. ARNOLD. I think I have discharged my agreement. I yield to the gentleman from Iowa, [Mr. ALLISON.]

Mr. ALLISON. It is not my purpose to make any remarks upon the original proposition before the House, but only to present a few reasons to the House why I believe the amendment I had the honor to present a few moments ago should be adopted. The proposition contained in that amendment is simply to improve what are called the Upper and Lower rapids of the Mississippithe Lower one at Keokuk, Iowa, two hundred miles above St. Louis; and the Upper rapids two hundred miles further up the river.

The substance of my amendment has received the sanction of the Committee on Roads and Canals, the proposition having been before the committee during the last session of the present Congress. The amendment proposes the issuing of $2,000,000 in bonds for the purpose of completing these two canals around these rapids. According to the careful estimates of competent engineers, I think that sum will be very nearly if not quite sufficient to complete both of those works and place them in such a position that vessels that can navigate the Mississippi during that season of the year can pass also around those rapids. It is not the purpose of this proposition to take any money out of the Treasury of the United States, nor will the effect of the proposition be such, if it is adopted.

and the tolls that are to be received by the Government itself will be amply sufficient, as I believe, to pay the interest upon that loan, and also pay the principal at maturity.

We have an example in the Ohio river which is sufficient to give us very reliable data as to what the effect of the improvement of the Mississippi river would be. The Louisville and Portland canal, which is in the district of the distinguished gentleman from Kentucky, [Mr. MALLORY,] has proved to be a paying investment to that company. That canal company was organized by the Legislature of Kentucky as early as 1826, and the canal was completed in 1831. Ďuring the period of twelve years, from 1831 to 1842, that canal paid dividends to the stockholders (the Government being a large stockholder in the canal) varying from six to ten per cent. per annum. The profits of the company were so large that the Legislature of the State of Kentucky at that time passed a bill amending the charter of the company, and authorizing the individual stockholders to sell their stock at $150 for every $100 subscribed, and within twelve years from the time that that bill was passed by the Legislature of Kentucky and was accepted by the company, every dollar of the stock, excepting that owned by the Government of the United. States and a few shares to preserve the organization, was redeemed at one dollar and fifty cents for every dollar. The tolls received by the company were then reduced to twenty-five cents per ton, and since that time the net tolls on that canal have been about one hundred thousand dollars per annum. They are now enlarging it, and for that purpose have obtained a loan for $1,600,000, and I hold in my hand a letter from Hon. James Guthrie, of Louisville, in which he says that they expect that the tolls on the canal, at the rate of twenty-five cents per ton, will pay, within a period of twenty years, that entire loan, and also pay for the repairs necessary to keep up the canal. We had/requested him to furnish us information with reference to the Louisville and Portland canal, and in this same letter he states that he believes canals built around the Lower and Upper rapids of the Mississippi river would prove not only profitable to the Government, but to any company that might organize for the purpose of constructing them.

Now, the object of these two canals around those rapids of the Mississippi is, first, to enable us to reach the canal passing through the State of Illinois from Alton and St. Louis to Chicago. I can say to the gentleman from Illinois who has presented this question to the House that his proposition will be of no value whatever to the Northwest unless he accompanies it with a project to improve the rapids of the Mississippi. The great States of Iowa, Wisconsin, Minnesota, and a portion of Illinois, will virtually be deprived of any benefit from this canal unless you also enable them to reach the canal at St. Louis by improving the rapids, which cannot now be navigated by vessels of any class for four months of the season of navigation. Not only that, but an improvement of the rapids of the Mississippi will enable vessels to leave Pittsburg and pass around to the city of St. Paul, nine hundred miles above St. Louis, without changing bulk. They cannot do it now, because during five months of the eight months of the season of navigation the navigation of the river above Keokuk is almost useless.

Now, I ask gentlemen who represent the great eastern States to aid us in reaching the great railroads which lead to the East by means of these water communications extending from St. Paul to St. Louis, and thence by Cairo and the Ohio river to Pittsburg. By so doing the people of the States of Minnesota, and Iowa, and Wisconsin, and of a large portion of Illinois, may receive some advantages from the main proposition now before the House should it become a law. But without that the Illinois canal will be of no practical benefit whatever to the people of those great northwestern States.

when trade with the southern States is resumed,

and when western produce will again seek a southern market.

I have no desire to detain the House further. I trust my amendment will be adopted and made a part of the bill.

Mr. ARNOLD. Mr. Speaker, I have but a word to say on the proposition now before the House. First, in regard to the ability of the proposed canal to take through to the lakes the vessels-of-war constructed for the Mississippithe best vessels owned by the Government, and which did such essential service in taking the fortifications at Mobile. I have the authority of the gentleman who constructed those vessels that they can be taken through the canal as proposed.

In reply to the objection made by the gentleman from Wisconsin, [Mr. BROWN,] that there is no security that this appropriation will result in the completion of the canal, I have this to say: that, by the provisions of the bill, before the bonds are delivered to the State of Illinois, that State, in a legal and constitutional way, is to undertake and contract with the General Government that, for this $5,000,000, the work shall be completed in the manner provided for by law. That is to be a solemn contract between the State of Illinois and the Federal Government.

I will not detain the House longer, and will ask that the vote be taken on the bill and amendments. Mr. HOLMAN. I move that the whole subject be laid on the table.

The SPEAKER ordered tellers, and appointed Messrs. ALLISON and DAWSON.

The House divided; and the tellers reportedayes 40, noes 73.

So the House refused to lay the whole subject on the table.

The question was first taken on Mr. ALLISON'S amendment to the amendment, and it was adopted. The question was next taken on Mr. ARNOLD'S amendment as amended, and it was adopted. The bill was then engrossed and read the third time.

Mr. ARNOLD moved the previous question on the passage of the bill.

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

Mr. HOLMAN demanded the yeas and nays on the passage of the bill.

The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 77, nays 68, not voting 37;

as follows:

YEAS-Messrs. James C. Allen, William J. Allen, Alley, Allison, Anderson, Arnold, Ashley, Baily, Augustus C. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Boyd, Brandegee,Cole,Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eden, Eldridge, Eliot, Farnsworth, Frank, Garfield, Gooch, Grinnell, Charles M. Harris, Higby, Asaliel W. Hubbard, John H. Hubbard, Ingersoll, Jenckes, Julian, Francis W. Kellogg, Knapp, Knox, Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, Daniel Morris, Morrison, Norton, Perham, Pomeroy, Price, William H. Randall, John H. Rice, Robinson, Edward H. Rollins, James S. Rollins, Ross, Schenck, Scott, Shannon, Smith, Spalding, Strouse, Stuart, Townsend, Upson, Elihu B. Washburne, Whaley, Wilder, Wilson, Windom, Woodbridge, and Worthington-77.

NAYS-Messrs. Aines, Ancona, John D. Baldwin, Blair, Bliss, Broomall, James S. Brown, William G. Brown, Chanler, Clay,Cobb, Cravens, Dawson, Edgerton, English, Finck, Ganson, Grider, Harding, Harrington, Benjamin G. Harris, Herrick, Holman, Hulburd, Hutchins, Philip Johnson, Kalbfleisch, Kelley, Orlando Kellogg, Kernan, King, Law, Lazear, Le Blond, Long, Mallory, McDowell, McKinney, Samuel F. Miller, William H. Miller, Morrill, James R. Morris, Amos Myers, Leonard Myers, Noble, Odell, Charles O'Neill, John O'Neill, Orth, Pendleton. Perry, Pike, Pruyn, Radford, Samuel J. Randall, Scofield, Sloan, Smithers, Stevens, Stiles, Thomas, Wadsworth, Wheeler, Joseph W. White, Williams, Winfield, Benjamin Wood, and Fernando Wood-68.

NOT VOTING-Messrs. Brooks, Ambrose W. Clark, Freeman Clarke, Coffroth, Cox, Creswell, Henry Winter Davis, Denison, Griswold, Hale, Hall, Hooper, Hotchkiss, William Johnson, Kasson, Marcy, McAllister, McIndoe, Middleton, Moorhead, Nelson, Patterson, Alexander H. Rice, Rogers, Starr, John B. Steele, William G. Steele, Sweat, Thayer, Tracy, Van Valkenburgh, Voorhees, Ward, William B. Washburn, Webster, Chilton A. White, and Yeaman-37.

So the bill was passed. During the roll-call,

Mr. ROLLINS, of Missouri, stated that Mr. ROGERS was absent on account of illness.

Mr. ARNOLD moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

Mr. ELDRIDGE demanded the yeas and nays on the latter motion; and called for tellers on the yeas and nays.

Tellers were ordered; and Messrs. ELDRIDGE and ALLISON were appointed.

The House divided; and the tellers reportedayes 40, noes not counted.

So the yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 77, nays 63, not voting 42; as follows:

YEAS-Messrs. James C. Allen, William J. Allen, Alley, Allison, Anderson, Arnold, Baily, Baxter, Beaman, Blaine, Blow, Boutwell, Boyd, Brandegee, Ambrose W. Clark, Cole, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eden, Eliot, Farnsworth, Frank, Garfield, Gooch, Grinnell, Charles M. Harris, Higby, Asahel W. Hubbard, John H. Hubbard, Ingersoll, Jenckes, Julian, Kasson, Francis W. Kellogg, King, Knox, Loan, Longyear, Marvin, McBride, McClurg, Daniel Morris, James R. Morris, Morrison, Norton, Patterson, Perham, Pomeroy, Price, William H. Randall, John H. Rice, Robinson, Edward H. Rollins, James S. Rollins, Ross, Schenck, Scott, Shannon, Smith, Spalding, Stuart, Townsend, Upson, Elihu B. Washburne, William B. Washburn, Whaley, Wilder, Wilson, Windom, Woodbridge, and Worthington-77.

NAYS-Messrs. Ames, Ancona, John D. Baldwin, Blair, Broomall, James S. Brown, William G. Brown, Chauler, Clay, Cobb, Cravens, Dawson, Edgerton, Eldridge, English, Finck, Ganson, Grider, Harding, Harrington, Benjamin G. Harris, Herrick, Holman, Hulburd, Hutchins, Philip Johnson, Kalbfleisch, Kelley, Orlando Kellogg, Kernan, Law, Le Blond, Long, Mallory, McDowell, McKinney, Samuel F. Miller, William H. Miller, Morrill, Amos Myers, Noble, Charles O'Neill, John O'Neill, Orth, Pendleton, Perry, Pruyn, Radford, Samuel J. Randall, Scofield, Sloan Smithers, Stevens, Stiles, Thomas, Wadsworth, Wheeler, Joseph W. White, Williams, Winfield, Benjamin Wood, Fernando Wood, and Yeaman-63.

NOT VOTING-Messrs. Ashley, Augustus C. Baldwin, Bliss, Brooks, Freeman Clarke, Coffroth, Cox, Creswell, Henry Winter Davis, Denison, Griswold, Hale, Hall, Hooper, Hotchkiss, William Johnson, Knapp, Lazear, Littlejohn, Marcy, McAllister, McIndoe, Middleton, Moorhead, Leonard Myers, Nelson, Odell, Pike, Alexander H. Rice, Rogers, Starr, John B. Steele, William G. Steele, Strouse, Sweat, Thayer, Tracy, Van Valkenburgh, Voorhees, Ward, Webster, and Chilton A. White-42.

So the motion to reconsider was laid on the table.

During the roll-call,

Mr. ODELL stated that he was paired off with his colleague, Mr. WARD,

Mr. PIKE, not being within the bar when his name was called, asked leave to vote. Mr. ALLISON objected.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. HICKEY, its Chief Clerk, announced that the Senate had passed a concurrent resolution directing the House Committee on Public Buildings and Grounds and the Senate Committee on Public Buildings and Grounds to inquire into the origin of the fire in the Smithsonian Institution, in which he was directed to ask the concurrence of the House.

DEFICIENCY BILL.

Mr. STEVENS. I hope the House will allow me to take from the table the deficiency bill for the purpose of moving a non-concurrence in the amendment of the Senate and asking for a committee of conference.

Mr. HOLMAN. I must object unless I am permitted to move that the House concur in that amendment of the Senate.

Mr. STEVENS. I suppose that there will be no objection to the gentleman making that notion. But I desire to move that the House nonconcur in the amendment, and ask for a committee of conference.

The SPEAKER. The first question will be upon the motion to concur in the amendment of the Senate.

Mr. STEVENS. I now move the previous

question.

The demand for the previous question was seconded, and the main question was ordered. Mr. HOLMAN. I call for the reading of the amendment in full.

The amendment was read, as follows:
Strike out the second section of said bill.
The section was read, as follows:

Be it further enacted, That $38,000 be, and the same is hereby, appropriated to be added to the contingent fund of the House, to enable the House of Representatives to fulfill the pledge and obligation heretofore made, and the same shall be audited and settled on such vouchers as shall be produced by the Clerk of the House.

Mr. RANDALL, of Pennsylvania. In case the motion of the gentleman from Indiana [Mr. HoLMAN] is voted down, will it then be in order to move that the House adhere?

The SPEAKER. It will not be in order. If

the motion that the House concur is voted down, the next question will be upon the motion of the gentleman from Pennsylvania, [Mr. STEVENS,] that the House insist upon its disagreement, and ask the appointment of a committee of conference.

Mr. SCHENCK. I ask unanimous consent to ask an explanation from the chairman of the Committee of Ways and Means [Mr. STEVENS] of some things connected with our appropriations. No objection was made.

Mr. SCHENCK. My attention has been directed to this deficiency bill, which seems to stand now upon a question of public virtue and economy between the Senate and the House, and I have been struck with some two or three items

in the legislative, executive, and judicial appropriation bill which passed this House on the 19th of last month. I find that while there are fifty-two Senators, and one hundred and eighty-nine members and Delegates in this House, there has been appropriated for the compensation and mileage of those fifty-two Senators the sum of $247,430; for the mileage and compensation of the one hundred and eighty-nine members and Delegates the sum of $300,000. Now, by law the compensation and mileage of a member of this House are the same as for a Senator. Now, I do not understand this matter, and would like to have it explained.

Again, looking to the incidental expenses, I find that the allowance made to the Senate for newspapers is $3,000, while the allowance to the House is $1,000; being three times as much for fifty-two Senators as it is for one hundred and eighty-nine members and Delegates.

Again, I observe that the Senate stationery is set down at $17,000, while the stationery for the House is set down at $12,000. This may be accounted for by the fact that they have no limitation in the Senate upon the amount of stationery to be taken. However that may be, it seems that fifty-two men in the Senate are supposed to consume $17,000 worth of stationery in their correspondence, while one hundred and eighty-nine members and Delegates in this House coneume only $12,000. Then for the Congressional Globe the Senate is allowed $35,000; the House is allowed $29,400, while one hundred copies of the Globe for the House are for the library of the House.

These are some of the discrepancies which are apparent, arising out of the question of relative economy between the two Houses. And as long as we have the question before us I would like to have these discrepancies explained.

Mr. STEVENS. The first discrepancy, in regard to the appropriations for the compensation and mileage of Congress, can be accounted for in part by the fact that there was an excess from last year's appropriation for the House. In regard to the other discrepancies, in relation to incidental expenses for the two Houses, I would state that the matter in regard to stationery and newspapers is to be accounted for only in this way: when the clerks and the Secretary of the SenOate make up their accounts for the stationery, &c., of the Senate, the Committee on Finance do not presume to scrutinize them, but take those accounts as correct. But in the case of the House, when our clerks make up their accounts as they have done, the Senate become furious and say that we shall not have them allowed. Members of the Senate maintain that that body has never since 1858 authorized any such expenditure as this out of its contingent fund. Now, sir, as controverting this position, I desire to state that in the act of March 3, 1863, to provide for sundry civil expenses, the following section, having originated in the Senate, was agreed to by the House:

"SEC. 15. That the Secretary of the Senate be directed to pay out of the contingent fund for such extra messengers, pages, laborers, and services for the Senate during the present session as the Committee to Audit and Control the Contingent Expenses of the Senate may approve and di

rect."

I hope the vote will now be taken, and that we shall insist on our disagreement.

Mr. WASHBURNE, of Illinois. I ask the gentleman's attention to one fact. I understand from the Secretary of War that at the present time not a single dollar can be expended from his Department for the sick and wounded soldiers in our hospitals because of the delay in the passage of this bill.

Mr. STEVENS. So far as that subject is concerned, I look upon the action of the Senate as an

atrocity. If the sick and wounded soldiers are not provided for the blame should justly rest with the Senate. But I take it for granted that this House, after what has been done, will never consent to abandon its determination to adhere to the item which the Senate now proposes to strike

out.

Mr. HOLMAN demanded the yeas and nays on the motion to concur in the amendment of the Senate.

Mr. WASHBURNE, of Illinois, demanded tellers on ordering the yeas and nays.

Tellers were ordered; and Messrs. WASHBURNE, of Illinois, and PENDLETON, were appointed.

The House divided; and the tellers reported— ayes 25, noes 84.

So the yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 47, nays 83, not voting 52; as follows:

YEAS-Messrs. Alley, Allison, Ames, Baily, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Brandegee, Broomall, Ambrose W. Clark, Cobb, Cole, Grinnell, Harding, Harrington, Higby, Holman, Asahel W. Hubbard, Hulburd, Julian, Orlando Kellogg, Kernau, King, Loan, Samuel F. Miller, Morrill, Daniel Morris, Norton, Perham, Pike, Price, Edward H. Rollins, Scofield, Sloan, Smith, Spalding, Upson, Elihu B. Washburne, William B. Washburn, Wheeler, Wilson, Windom, Woodbridge, and Worthington-47.

NAYS-Messrs. James C. Allen, William J. Allen, Ancona, Anderson, Ashley, Blow, Boyd, James S. Brown, Clay, Cox, Cravens, Henry Winter Davis, Dawes, Dawson, Deming, Dixon, Driggs, Dumont, Eckley, Edgerton, Eldridge, Eliot, Farnsworth, Finck, Ganson, Garfield, Grider, Griswold, Hall, Benjamin G. Harris, Charles M. Harris, Herrick, John H. Hubbard, Ingersoll, Jenckes, Philip Johnson, Kasson, Kelley, Francis W. Kellogg, Knapp, Knox, Law, Le Blond, Long, Longyear, Marvin, McBride, McClurg, McDowell, McKinney, William H. Miller, James R. Morris, Amos Myers, Leonard Myers, Odell, Charles O'Neill, John O'Neill, Orth, Pendleton, Pomeroy, Pruyn, Radford, Samuel J. Randall, William II. Randall, Robinson, Ross, Schenck, Scott, Shannon, Smithers, Stevens, Stiles, Strouse, Townsend, Van Valkenburgh, Whaley, Joseph W. White, Williams, Wilder, Winfield, Benjamin Wood, Fernando Wood, and Yeaman-83.

NOT VOTING-Messrs. Arnold, Blair, Bliss, Brooks, William G. Brown, Chanler, Freeman Clarke, Coffroth, Creswell, Thomas T. Davis, Denison, Donnelly, Eden, English, Frank, Gooch, Hale, Hooper, Hotchkiss, Hutchins, William Johnson, Kalbfleisch, Lazear, Littlejohn, Mallory, Marcy, McAllister, Melndoe, Middleton, Moorhead, Morrison, Nelson, Noble, Patterson, Perry, Álexander H. Rice, John H. Rice, Rogers, James S. Rollins, Starr, John B. Steele, William G. Steele, Stuart, Sweat, Thayer, Thomas, Tracy, Voorhees, Wadsworth, Ward, Webster, and Chilton A. White-52.

So the House refused to concur in the amendment of the Senate.

The question recurring on the motion that the House insist on its disagreement and ask a committee of conference, it was agreed to.

Mr. STEVENS moved to reconsider the vote just taken; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. STEVENS. I had intended to ask that the House resolve itself into the Committee of the Whole on the state of the Union on the naval appropriation bill, but the hour is late. I therefore make a motion, to which I suppose there will be no objection, that we proceed to the consideration of the business on the Speaker's table. The motion was agreed to.

VENTILATING HALLS OF CONGRESS. The concurrent resolution of the Senate relative to the ventilation and improvement of the Halls of Congress was taken from the Speaker's table, and, on motion of Mr. WASHBURNE, of Illinois, referred to the Committee on Public Buildings and Grounds.

FIRE AT SMITHSONIAN INSTITUTION.

ASYLUM FOR INSANE.

The SPEAKER also laid before the House the amendment of the Senate to House bill No. 644, to extend to certain persons in the employ of the Government the benefits of the Asylum for Insane in the District of Columbia, as follows:

Insert: "During the continuance of the rebellion."
The amendment was concurred in.

ACTING ASSISTANT TREASURERS.

The SPEAKER also laid before the House the amendments of the Senate to House bill No. 689, to provide for Acting Assistant Treasurers or depositaries of the United States in certain cases. Mr. STEVENS moved that they be referred to the Committee of Ways and Means. The motion was agreed to.

MILITARY ACADEMY APPROPRIATION BILL. The SPEAKER also laid before the House an amendment of the Senate to House bill No. 621, making appropriations for the support of the Military Academy for the year ending the 30th of June, 1866.

Mr. BLAINE. Mr. Speaker, I will make a statement and then make a motion. The House made an amendment to the West Point appropriation bill, as it came from the Committee of Ways and Means, repealing the law of the last year, which took away from the President and Secretary of War the power to send back a cadet who was dismissed from West Point under any circumstances unless the cadet could have the recommendation of the academic board. The House repealed that provision in the West Point Academy appropriation bill, leaving it where it has been ever since the foundation of West Point. The Senate disagree to that repeal. I move to insist on the amendment, and ask for a committee of conference.

Mr. McBRIDE moved to concur.

Mr. WASHBURNE, of Illinois, demanded the previous question.

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

The motion to concur was disagreed to. Mr. BLAINE's motion was then agreed to. Mr. BLAINE moved to reconsider the vote last taken; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

DISQUALIFICATION OF COLOR.

The SPEAKER also laid before the House Senate bill No. 62, to remove all disqualification of color in carrying the mail; which was read a first and second time.

Mr. ALLEY moved that the bill be put on its passage.

Mr. ROSS moved that the House do now adjourn.

The motion was disagreed to.

The bill, which was read, provides that hereafter no person by reason of color shall be disqualified from employment in carrying the mails, and that all acts and parts of acts establishing such disqualification, especially the seventh section of the act of March 3, 1825, shall be repealed.

Mr. ALLEY. Mr. Speaker, I will merely state that this is the repeal of an old law for which repeal petitions have been sent from all parts of the country. It has passed the Senate almost unanimously, and was considered by the Committee on the Post Office and Post Roads informally, and agreed to, and I was directed, as its chairman, to move that it be put on its passage when it was reached.

IN SENATE UNITED STATES, February 2, 1865. Resolved by the Senate, (the House of Representatives Concurring,) That the Committee on Public Buildings and Grounds of the Senate, conjointly with the Committee on Public Buildings and Grounds of the House, be, and they are hereby, directed to inquire into the origin of the fire by which the Smithsonian Institution building and the valuable deposits therein were, on Tuesday, the 24th day of January, in whole or in part destroyed; the approximate loss to the Government and to private persons; the means necessary to preserve the remaining portions of said building and its contents from further injury; and such other facts in con nection therewith as may be of public interest, and to report by bill or otherwise.

The concurrent resolution was passed.

rence.

Mr. ALLEY. I did not say that it had received the unanimous concurrence of the Committee on the Post Office and Post Roads. I now demand the previous question.

The House divided; and there were-ayes 60, noes 15; no quorum voting.

Mr. STILES. I move that the House do now adjourn.

There being, on a division on the ayes 46, noes 49,

The House divided; and the tellers reportedayes 57, noes 46.

So the motion was agreed to. And thereupon (at four o'clock and twenty minutes, p. m.) the House adjourned.

IN SENATE. FRIDAY, February 3, 1865. Prayer by Rev. B. H. NADAL, D. D. The Journal of yesterday was read and approved.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House had passed the following bills, in which it requested the concurrence of the Senate:

A bill (H. R. No. 728) to pay to each of the surviving soldiers of the Revolution, five in number, whose names are on the pension rolls, $300 annually as a gratuity, in addition to the pension now paid them; and

A bill (H. R. No. 322) to construct a shipcanal for the passage of armed and naval vessels from the Mississippi river to Lake Michigan, and for other purposes.

The message also announced that the House had passed without amendment the bill (S. No. 225) for the relief of certain friendly Indians of the Sioux nation in Minnesota, and a bill (S. No. 234) for the relief of Louis Roberts.

The message further announced that the House had concurred in the amendment of the Senate to the bill (H. R. No. 644) to extend to certain persons in the employ of the Government the benefits of the Asylum for the Insane in the District of Columbia; and in the resolution of the Senate for a joint inquiry by the Committee on Public Buildings and Grounds of the two Houses into the origin of the fire at the Smithsonian Institution on the 24th of January.

The message also announced that the House non-concurred in the amendments of the Senate to the bill (H. R. No. 621) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1866, insisted on its non-concurrence, and asked for a conference on the disagreeing votes of the two Houses, and appointed Messrs. J. G. BLAINE of Maine, R. MALLORY of Kentucky, and G. S. ORTH of Indiana, managers on its part.

The message also announced that the House non-concurred in the amendment of the Senate to the bill (H. R. No. 709) to supply deficiencies in the appropriations for the service of the fiscal year ending the 30th of June, 1865, insisted on its non-concurrence, and asked for a conference on the disagreeing votes of the two Houses, and had appointed Messrs. T. STEVENS of Pennsylvania, G. H. PENDLETON of Ohio, and J. S. MORRILL of Vermont, managers at the conference on its part.

EXECUTIVE COMMUNICATION.

The VICE PRESIDENT laid before the Senate a communication from the Secretary of War transmitting, in compliance with a resolution of the Senate of January 12, 1865, a statement of the amounts paid by that Department for attorney and counsel fees during the fiscal year ending June 30, 1864, and from that period to January 1, 1865.

Mr. TRUMBULL. I believe there are now responses from all the Secretaries to that resolution, but I am not quite sure.

Mr. GRIMES. Is there one from the Attorney General?

Mr. TRUMBULL. I am not certain whether there is or not. I desire to move to print all these communications as soon as there are responses from all the heads of Departments.

Mr. GRIMES. Was the Attorney General included in the resolution?

Mr. TRUMBULL. He was included in the resolution. If they are not all in, I move that this communication lie on the table. The motion was agreed to.

HOUSE BILLS REFERRED.

Mr. ANCONA called for tellers. Tellers were ordered; and Mr. ANCONA and Mr. ALLEY were appointed.

NIAGARA FALLS CANAL.

The bill (H. R. No. 126) to construct a shipcanal around the falls of Niagara, was read twice by its title.

The VICE PRESIDENT. The bill will be referred to the Committee on Military Affairs. Mr. MORRILL. I suggest that the bill should go to the Committee on Commerce.

The VICE PRESIDENT. It is subject to any motion.

Mr. MORRILL. I make the motion that the bill be referred to the Committee on Commerce.

Mr. TRUMBULL. Such measures have heretofore gone to the Committee on Military Affairs. They have always had charge of the subject, and I think this bill had better take the usual course. Mr. MORRILL. Is it a military measure? Mr. TRUMBULL. Yes, sir; it is a military measure, for the purpose of military protection.

Mr. GRIMES. If it should go to any committee other than the Committee on Commerce, it ought to be the Committee on Naval Affairs, I submit, for the bill is to construct a canal, and if it is for military purposes it is for the transportation of vessels from one lake to another through a canal.

Mr. MORRILL. The title of the bill is to construct a ship-canal.

Mr. GRIMES. I have no doubt it ought to go

to the Committee on Commerce.

The VICE PRESIDENT. The question is on the motion of the Senator from Maine to refer the bill to the Committee on Commerce.

Mr. TRUMBULL. I am not particular as to the direction the bill shall take. It is not, however, a new question in the Senate. Our Committee on Military Affairs have had it under consideration and I think have a bill now pending before them on this very subject, and they have once made a report upon the question. A part of this subject is there now, not this precise bill, but a bill very similar to it; and that being the case, I thought the whole subject had best go to that committee together. If the Committee on Commerce desires to take jurisdiction on it, it would be better to discharge the Committee on Military Affairs from the consideration of the bill which they already have, and upon which they have taken action.

Mr. MORRILL. It strikes me that the measure should stand on much higher grounds than that. If this was a matter of defense growing out of the necessity of the war, I could understand why it should go to the Committee on Military Affairs, but upon no other grounds whatever. If it is a matter affecting the commerce of the country, it should go to the Committee on Commerce. Unless it is a question where an obvious military necessity of the country requires that the measure should be entered upon at this time, I submit that it is not a question for the Committee on Military

Affairs.

Mr. TRUMBULL. The measure undoubtedly partakes of both characters. It is of the highest commercial importance that these canais should be constructed, but I do not think the measure stands entirely upon commercial grounds. It is also of very great importance in a military point of view for the defense of the northeru frontier. I am not sure what committee reported it in the other House; perhaps they had a special committee on the subject; but in this body, heretofore, it has always been taken charge of by the Committee on Military Affairs, at least for two sessions to my knowledge, and a report was once made by that committee. It seems to me that the committee which has been investigating the subject and has it under consideration at this time is the proper committee to take charge of the whole subject, and that is the reason why I think this bill should go to the Military Committee. Although the measure partakes of a commercial character, and it might be very proper to give it in charge to the Committee on Commerce, it also partakes of a military character, and is put on both grounds.

Mr. MORRILL. I make no allusion to the bill whatever with any positive purpose. I have no opinion as to the character of the bill. I simply make the suggestion. I now withdraw my

motion.

The VICE PRESIDENT. The bill will be referred to the Committee on Military Affairs and the Militia,

MISSISSIPPI RIVER AND LAKE MICHIGAN CANAL.

The bill (H. R. No. 322) to construct a shipcanal for the passage of armed and naval vessels from the Mississippi river to Lake Michigan, and for other purposes, was read twice by its title, and referred to the Committee on Military Affairs.

MILITARY ACADEMY BILL.

On motion of Mr. SHERMAN, the Senate insisted on its amendments to the bill (H. R. No. 621) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1866, and agreed to the conference asked for by the House of Representatives on the disagreeing votes of the two Houses.

The VICE PRESIDENT was authorized to appoint the conferees on the part of the Senate; and he appointed Messrs. HowE, HARRIS, and HENDRICKS.

DEFICIENCY BILL.

On motion of Mr. SHERMAN, the Senate insisted on its amendment to the bill (H. R. No. 709) to supply deficiencies in the appropriations for the service of the fiscal year ending the 30th of June, 1865, and agreed to the conference asked for by the House of Representatives on the disagreeing votes of the two Houses.

The VICE PRESIDENT was authorized to

appoint the conferees on the part of the Senate; and he appointed Messrs. CLARK, GRIMES, and Riddle.

PETITIONS AND MEMORIALS.

Mr. GRIMES. I present the petition of J. W. Arnold and several other per diem clerks employed in the Washington navy-yard, who pray that they may be by law created permanent clerks. I believe that such petitions have hitherto been referred to the Committee on Finance at this session, and I therefore move that this petition be referred to that committee.

The motion was agreed to.

Mr. MORGAN presented the memorial of Edward McDonald Reynolds, praying that investigation may be made into the causes of his dismissal from the service as captain in the Marine corps; which was referred to the Committee on Naval Affairs.

Mr. RAMSEY presented the petition of military officers in the military service of the United States, praying for an increase of compensation; which was referred to the Committee on Military Affairs and the Militia.

Mr. MORRILL presented the petition of citizens of Washington city, residents on Maryland avenue, east of the Capitol, praying for the improvement of said avenue between the Capitol and Camp Barry; which was referred to the Com

mittee on the District of Columbia.

ORDER OF BUSINESS.

Mr. WILSON. I desire to take up a few moments of the time of the Senate in the consideration of Senate bill No. 408.

Mr. COLLAMER. I hope we shall be allowed to make reports from committees.

Mr. WILSON. I have waited for four days to take up this bill, which must be passed in ten days if we are to act upon it at all. It is the bill

to amend the enrollment act.

The VICE PRESIDENT. Reports from committees are in order.

REPORTS FROM COMMITTEES.

Mr. COLLAMER, from the Committee on Post Offices and Post Roads, to whom was referred the petition of the citizens of Youngstown, Ohio, praying that the railroad from Youngstown, Ohio, to Sharon, Pennsylvania, may be declared a mail route, asked to be discharged from its further consideration; which was agreed to.

He also, from the same committee, to whom was referred a bill (S. No. 413) to establish a certain post road, reported it with amendments.

He also, from the same committee, to whom was referred a bill (S. No. 407) to authorize the establishment of ocean mail steamship service between the United States and China, reported it with amendments.

Mr. POMEROY, from the Committee on Claims, to whom was referred the petition of William Harding, praying for compensation for services as a soldier in the war of 1812, asked to be discharged from its further consideration; which was agreed to.

BILLS INTRODUCED.

Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 426) to amend an act entitled "An act to amend section nine of the act approved July 17, 1862, entitled 'An act to define the pay and emoluments of certain officers of the Army, and for other purposes;'" approved April 9, 1864; which was read twice by its title, and referred to the Committee on Military Affairs and the Militia.

AMENDMENT OF ENROLLMENT ACT,

Mr. WILSON. I now renew the motion to take up Senate bill No. 408. I think we can dispose of it in a few moments.

Mr. TRUMBULL. Would that displace the resolution which was under consideration yesterday?

The VICE PRESIDENT. It would.

Mr. TRUMBULL. I cannot consent to anything which will displace that measure. I am willing that this bill shall be taken up if it does not displace that, and it can be done by unani

mous consent.

Mr. WILSON. I should like to take up this bill now. I think we can dispose of it before one o'clock. It will take probably but a few moments, and it is of great importance, if it is ever to be acted upon, that it should be acted on at once. Mr. TRUMBULL. What is it?

Mr. WILSON. It is Senate bill No. 408, in addition to the several acts for enrolling and calling out the national forces, and for other purposes. One or two provisions of it are of very great importance; and as the draft is to take place in the middle of this month, I consider it of much more importance than the question concerning the counting of the Presidential votes. In my opinion, it is of more consequence now to get soldiers than to do anything else, for I understand that what is going on at the present time has stopped enlistments all over the country, and it may be to our disadvantage. I think we had better put ourselves right.

Mr. TRUMBULL. If the order of the day can be informally laid aside for the purpose of taking up this bill I will not object. Mr. WILSON. I agree to that. The VICE PRESIDENT. gestion?

What is the sug

Mr. TRUMBULL. If the order of the day can be informally laid aside so as not to lose its place I will not object to a temporary interference

with it.

Mr. WILSON. I make that motion, that the order of the day be laid aside informally with a view to take up this bill.

The motion was agreed to, and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 408) in addition to the several acts for enrolling and calling out the national forces, and for other purposes.

Mr. WILSON. The Committee on Military Affairs have reported the bill with an amendment in the form of a substitute, and therefore I do not think it necessary to read the original bill; and I suggest, unless its reading be called for by some Senator, that the substitute only be read.

The VICE PRESIDENT. The reading of the original bill will be dispensed with if there be no objection, and the amendment only be read. The Chair hears no objection.

The Secretary read the amendment, which was to strike out all of the original bill after the enacting clause and to insert the following in lieu thereof:

That from and after the passage of this act, any person enrolled and liable to be drafted, may be accepted as a substitute for a drafted person, and such drafted person shall be exempt from service for such time as the substitute shall be held to service under the terms of his enlistment.

SEC. 2. And be it further enacted, That no person owing military service shall be exempted from liability to perform the same on account of furnishing a substitute for the Navy, unless the substitute is presented in person to the board of enrollment by which the principal is enrolled, and is accepted by said board of enrollment.

SEC. 3. And be it further enacted, That any recruiting agent, substitute broker, or other person, who shall enlist, or cause to be enlisted, as a volunteer or substitute, any insane person or person in a condition of intoxication, or a deserter from the military or naval service, knowing him to be such, or who shall defraud or deprive any volunteer or substitute of any portion of the State, local, or United States bounty to which he may be entitled, shall, upon conviction by any court-martial or military commission, be fined not exceeding $1,000, or imprisoned not exceeding two years, or both, at the discretion of such court martial or military commission.

SEC. 4. And be it further enacted, That any officer who shall muster into the military or naval service of the United States any deserter from said service, or insane person, or person in a condition of intoxication, knowing him to be such, shall, upon conviction by any court martial or iilitary commission, be dishonorably dismissed the service of the United States.

SEC. 5. And be it further enacted, That all State and local bounties hereafter to be paid to any volunteer or substitute upon entry into the military or naval service of the United States shall be paid in installments, as follows: one third at the time of the muster into service of such volunteer or substitute; one third at the expiration of half the term of service; and one third at the expiration of the term of such service, unless sooner discharged by reason of wounds received in battle. And in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children, or, if there be none, to his mother, if she be a widow.

SEC. 6. And be it further enacted, That the remainder of the term of service of any person who shall hereafter enter the military or naval service as a volunteer or drafted man, and shall desert therefrom, or be discharged by reason of physical disability, existing prior to such entry into service, shall be added to the amount of service due from the district to which such volunteer or drafted man shall have been credited, and the same shall be filled up from such district by enlistment or draft.

SEC. 7. And be it further enacted, That, in addition to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States, who shall not returtí to said service or report themselves to a provost marshal within sixty days after the passage of this act, shall be deemed and taken to have voluntarily relinquished and forfeited their rights of citizenship, and their riglits to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any of the rights of citizens thereof, and all persons who shall hereafter desert the military or naval service shall be liable to the penalties of this section.

SEC. 8. And be it further enacted, That the President is hereby authorized and required forthwith, on the passage of this act, to issue his proclamation setting forth the provisions of the preceding section.

Mr. HENDRICKS. I will appeal to the Senator from Massachusetts to allow this bill to be made the special order of the day for to-morrow at this hour. It will not delay it much. I do not know how it is with other Senators, but the pendency of this measure had escaped my observation, and it is a subject in which the country feels a very sensitive interest.

Mr. WILSON. I have called it up this morning by the consent of the Senator from Illinois, with the understanding that it should not displace his measure; and I am willing, having called the attention of the Senate to the bill, to let it go over until to-morrow, in the hope that we shall then take it up and act upon it and finish it.

Mr. HENDRICKS. 1 am much obliged to the Senator.

Mr. WILSON. I make that motion.
The motion was agreed to.

BRIDGE ACROSS THE OHIO RIVER.

Mr. POWELL. I move to postpone all pending and prior orders for the purpose of taking up Senate bill No. 392, supplementary to an act approved July 14, 1862, entitled "An act to establish certain post roads." The object of the bill is to authorize the construction of a railway bridge across the Ohio river at the falls. My object in desiring to take up the bill now is to make it the special order for Monday next at one o'clock. I do not wish to press its consideration to-day.

The motion to take up the bill was agreed to. Mr. POWELL. I now move that its further consideration be postponed to and made the special order of the day for Monday next at one o'clock.

The motion was agreed to by a two-thirds vote. Mr. COLLAMER. I desire to make another bill for another bridge across the Ohio river the special order of the day at the same time with the one mentioned by the Senator from Kentucky.

The VICE PRESIDENT. Will the Senator indicate the bill?

Mr. COLLAMER. It is Senate bill No. 413, which I reported this morning, to establish a certain post road, to authorize the construction of the Covington and Cincinnati bridge. I move to take up that bill with a view of making it the special order for Monday also.

The motion was agreed to.

Mr. COLLAMER. I now move that its further consideration be postponed to and made the special order of the day for Monday next at one o'clock.

The motion was greed to.

METROPOLITAN RAILROAD.

Mr. DIXON. I move that the Senate proceed to the consideration of Senate bill No. 411, to amend an act entitled "An act to incorporate the Metropolitan Railroad Company in the District of Columbia." I think it will take but a few moments to consider it.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill. It proposes to amend the act to incorporate the Metropolitan Railroad Company in the District of Columbia, approved July 1, 1864, in the first section by striking out all after the words "along H street north to Seventeenth street west, intersecting the double-track road," and inserting:

Also a double or single-track railway, commencing at the intersection of D street north and Four-and-a-half street west, along Four-and-a-half street west to the gate of the arsenal; also a double or single-track branch railway, commencing at the intersection of Ninth street west and the Washington canal, along Ninth street west to M street north, along M street north to Twelfth street west, and along Twelfth street west to the Washington canal and Maryland avenue to the Potomac river; also a double or single-track branch railway, commencing at the intersection of Massachusetts avenue aud II street north, along Massachusetts avenue to K street north, along K street north to the Circle, with the privilege of extending the said branch road at any time along K street north to Rock creek, across the bridge over Rock creek to Water street, Georgetown, along Water street in Georgetown to Montgomery street, along Montgomery street to Gay street, and along Gay street and First street to Fayette street, Georgetown, with the privilege of extending at any time the road now in operation from Seventeenth street west to the Capitol, from the present terminus of said road on A street north, along A street north to First street east, along First street east to East Capitol street, along East Capitol street to Ninth street east, along Ninth street cast to L street south, with the right to run public carriages thereon, drawn by horse power, receiving therefor a rate of fare not exceeding eight cents per passenger, for any distance between the termini of either of the said main railways, or between the termíni of said branch railways, or between either terminus of said main railway and the terminus of either of said branch railways: Provided, That the use and maintenance of the said road shall be subject to the municipal regulations of the city of Washington within its corporate limits.

The second section proposes to amend section eight of the act of incorporation, by striking out the words "five hundred thousand dollars."

The third section proposes to amend section seventeen of the act of incorporation so as to allow the corporation three years from the date of the approval of this bill in which to complete the railways herein described and those described in the act to which it is an amendment.

The fourth section proposes to amend the twenty-second section of the act of incorporation by striking out the words "at the rate of twenty-five for one dollar."

The first amendment of the Committee on the District of Columbia was in line twenty-five of section one to strike out "Montgomery street" in each place where it occurs, and insert" Green

street.

The amendment was agreed to.

it

provision. The management of the corporation, with a provision of that kind could, to use a common phrase, squeeze out whom they pleased. I never saw such a provision in any charter. may be contained in some laws providing for the organization of companies, but the general and more common and equitable rule is that delinquent stockholders shall be subject to have their stock sold; that upon public notice of the delinquency to the stockholders, and a time fixed within which they shall be required to pay, if then the assessments shall remain unpaid, as many shares of the stock shall be sold as will pay the assessment due, not the entire stock sacrificed.

The provision is objectionable and obnoxious in another sense, that you deprive a man of his property without giving him his day in court, without giving him an opportunity to appear. I have no amendment prepared to meet the case, but it is clear that the provision as it is should not pass. It is investing the management of the corporation with the power to induce parties to take stock, and then confiscate it almost at their pleasure.

Mr. DIXON. I have no objection to any amendment which shall carry out the views of the Senator from California, providing for the sale of the stock. It will amount in fact to the same thing. This is not such a great wrong as the Senator supposes. A man subscribes for stock; he declines to pay for it; he declines to pay his installments. It is not very uncommon to say in such cases that the stock shall be forfeited. If it is not valuable enough for the owner to pay the installments on it, of course it cannot be worth a great deal. In such a case, all he has to do is to pay his installments and redeem his stock. But at the same time I am perfectly satisfied with an amendment which the Senator may propose, providing for a sale of the stock on public notice. Suppose we make the clause read thus:

If any stockholder shall refuse or neglect to pay any installaient as required by a resolution of the board of directors, after reasonable notice of the same, the said board of directors inay sell said stock at public auction after giving due notice.

Would that satisfy the Senator?

Mr. CONNESS. Even that would not be enough. It is impossible to improvise here an amendment providing the necessary conditions. The stock should not only be required to be sold at auction, but no greater part of the delinquent stock should be sold than was necessary to pay the assessment due.

The next amendment was in lines three and four of section two, to insert "$1,000,000" as the capital stock of the company.

The amendment was agreed to.

Provided, That the directors of said Metropolitan Railroad Company shall have power to require the subscribers to the capital stock to pay the amount by them respectively subscribed at such time, in such manner, and in such installments as they may deem proper; and if any stockholders shall refuse or neglect to pay any installments, as required by a resolution of the board of directors, after reasonable notice of the same, the said board of directors may forfeit said stock and all previous payments thereon for the use of said corporation, under such general regulations as may be adopted in the by-laws of said corporation, or may sue for and collect the same in any court of competent jurisdiction.

Mr. FARWELL. I do not know that I understand that proposition entirely, but it seems to me to be rather a harsh measure. If I understand it aright, a man may pay in three fourths of the amount of his stock, and if he fails to pay the balance it is all lost. I suggest to the chairman of the committee that there should be a provision that it might be sold.

Mr. DIXON. This provision is one that has been customary in other acts of incorporation, but it happened to be omitted in this charter, I suppose by accident.

Mr. CONNESS. Let the amendment be read

in it. In the State where I live these provisions are always contained in and required by the general corporation laws of the State.

Mr. DIXON. The Senator will see that notice is already required. The provision is that after refusal to pay the installments as required by the board of directors, after reasonable notice of the same, the board may forfeit the stock. If the Senator will consent that the other amendments shall be proceeded with, I think that I can in a moment draw an amendment which will suit him on this point. Let this amendment be passed over informally for that purpose.

The VICE PRESIDENT. The amendment will be passed over for the present.

The next amendment was to add to the fifth section the words "at the rate of sixteen for the

dollar," so as to make the section read:

That the twenty-second section be, and hereby is, amended by striking out the words "at the rate of twentyfive for one dollar," and inserting the words "at the rate of sixteen for the dollar."

The amendment was agreed to.

Mr. DIXON. Now let the bill be laid aside informally that I may prepare the amendment to which I referred.

The VICE PRESIDENT. That will be done.