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issue upon which the consciences and the judg. cost of the building, and the cost of Adains presses as shown The question being taken by yeas and nays, ments of the House may sustain them in their in the price list of R. Iloe & Co.
resulted-yeas 10, nays 31; as follows: action. But if we hold upon the deficiency bill Mr. ANTHONY. One of two things must YEAS-Messrs. Davis, Hendricks, Lane of Kansas, Nesto the issue made on that, and hold it by itself, be done in regard to the public printing: either
mith, Powell, Richardson, Riddle, Saulsbury, Sprague, and we have a clear, defined issue upon which I have
Wriglit-10. a larger amount than is now done outside of the
NÀYS-Messrs. Anthony, Buckalew, Clark, Collamer, no doubt that the heart, and the conscience, and office must be done for a considerable amount Conness, Cowan, Farwell, Foot, Foster, Griines, llale, the judgment of the House will be with us and is now done outside of the office-or the office Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane against themselves when it comes to be discussed. must be enlarged. It is the opinion of the Super- of Indiana, Morgan, Morrill, Nye, Ramsey, Sherman, There is perhaps a little feeling of pride, because
Stewart, Sumner, Ten Eyck, Trunibull, Wade, Wilkinson, intendent, who is a very careful man, and I think
Willey, and Wilson-31. a resolution has passed and the money has been one of the most economical men connected with ABSENT—Messrs. Brown, Carlile, Chandler, Dixon, appropriated by some of the officials; but the dan
the Government, that, at the present rates of print- Doolittle, Harding, Hicks, McDougall, Poincroy, and Van ger is that if we put the deficiency bill on to the
Winkle-10. ing, the expenditure which is called for by this legislative bill, we may change the issue, which amendment will be saved in about two years over
So the amendment was rejected. is now clear and distinct, about which there can the cost of doing the work out of the Govern- Mr. HARLAN. I offer the following amendbe no question, into an issue that the House may ment building; and if the presses shall not be ment as a new section: say and some of them conscientiously believe that wanted at the termination of the war they are al- And be it further enacted, That from and aster the pasweare trespassing on their constitutional preroga- ways of considerable value, and probably would sage of this act the public lands in the State of Nevada tive. Now, without going into the discussion of be worth one half or two thirds of their actual shall, for surveying purposes, be attached 10 and included that point, I think by this course we shall raise cost.
in the surveying district of California. a question we had better avoid. Let us stand dis- The amendment was agreed to.
The amendment was agreed to. tinctly upon our position on the deficiency bill
Mr. ANTHONY. From the same committee Mr. HARLAN. There will be a slight verbal and let us take the responsibility. Let us stand
I offer this amendment, to come in after line one amendment now necessary. On page 20, in line fast, and by a unanimous, united voice of the Senhundred and sixty-nine, on page 8:
four hundred and seventy-two, I move to strike ale sliow that we cannot yield on that point. It
And the Superintendent of Public Printing is hereby au
out “Nevada," and in line four hundred and is impossible for us to yield and allow the House,
thorized to pay the foreman of the binding the same com- seventy-eight to insert "and Nevada" after contrary to law, to pay their employés twenty per pensctiou now paid to the foreman of the printing. “ California." cent, more than the law allows. We cannot yield I am as reluctant as any Senator can be to make The PRESIDENT pro tempore. Those verbal that without doing the same thing by our em- any increase in salaries. The compensation of | amendments will be made, to carry out the preployés, and the employés around the House and this officer now is $1,500; that of the foreman vious vote of the Senate. ihe Senate are better paid I believe than any other of the printing is $1,800. The Superintendent Mr. JOHNSON. I move to amend the bill employés of the Government. If we yield as to
assures me that $1,800 is as low as is paid by || by striking out lines eight hundred and fifty-nine, them, we are compelled to yield as to ihe whole, other establishments. The officer whom he has eight hundred and sixty, eight hundred and sixtyand there is no end to it. I do not intend to dis- with him, and whom he considers very valuable, one, eight hundred and sixty-two, and eight huncuss the question further than to express my hope | has offers to go to private establishments for that dred and sixty-three. that the Senator from Ohio will not insist on put-Il compensation. The Senate understands that this The Secretary read the words proposed to be eing this deficiency will upon the legislative ap- compensation is to a skilled laborer, and I have stricken out, as follows: propriation bill. Let us mcet the issue square on no doubt that the difference between a man capa- For legal assistance and other necessary expenditures in the deficiency bill by itself and pass the legisla- ble of doing the work and an ordinary man is a the disposal of private land claims in California, $10,000. live appropriation bill.
For special and other extraordinary expenses of Califorgreat many times the salary paid.
nia land claims, $10,000. Mr. SHERMAN. I am perfectly satisfied that The amendment was rejected; there being, on
Mr. JOHNSON. We have from first to last the mode adopted by the Committee on Finance a division-ayes 15, noes 16. will bring us out of this difficulty without further
appropriated between two and three hundred
Mr. SUMNER. I am directed by the Comserious controversy; but if it should be otherwise, | mittee on Foreign Relations to move an amend
thousand dollars for the settlement of these land if the House of Representatives should insist on
claims. I think it is time we stopped it. The ment to come in on page 11, under the head “inciamending this amendment of ours, we can at any
“legal assistance” which is here provided for is dental and contingent expenses of the Department time recede from it and leave the matter stand as
not only legal assistance in California, where the
State," after line two hundred and forty-three: claims originate, but assistance in the Supreme it now stands on the difference between the two Houses. We can recede from this amendment at
For the payment of the first annual installment of the Court of the United States. It has always seemed
proportion contributed by the United States toward the capany time, at any stage of the contest. I assure
to me extraordinary that the Attorney General italization of the Scheldt dues, to fulfill the stipulation conthe Senator from Wisconsin that if he wants to tained in the fourth article of the convention between the
and the Assistant Attorney General have not been accomplish the purpose he declares, he had better United States and Belgium on the 20th of May, 1863, the entirely competent-perhaps I ought to speak in vote this amendment on this appropriation bill.
sum of $5.5,584 in coin, and such further sum as may be a different way; I suppose they are competent, I
necessary to carry out the stipulatious of the convention The amendment was agreed to. providing for the payment of interest on the said sum and
will say willing to argue all these causes. Mr. ANTHONY. I am directed by the Comon the portion of ile principal remaining unpaid.
Mr. GRIMES. Do they not argue them? mittee on Printing to offer the following amend
This is based on an estimate that has been
Mr. JOHNSON. No. During the last Admin
istration and it has been so during the present ment, to come in on page 8, after line one hundred furnished to me from the Department of State. and seventy-two:
Mr. SHERMAN. I understand it is to carry
Administration, as well as I recollect--not a single into effect a treaty.
one of these cases was argued by the Attorney GenFor addition to the Public Printing, Office and the necesbary presses, machinery, and fixtures, $61,000.
Mr. SUMNER. It is to carry into effect an
eral; and he has paid away as much as $200,000 existing treaty.
for assistance. Whatever may have been necesThe Committee on Printing have, with a good The amendment was agreed to.
sary in the beginning because of the character of deal of reluctance, come to the conclusion to rec
these cases, it certainly cannot be necessary now ommend this large appropriation, and the reasons
Mr. SPRAGUE. I submit this amendmentas
that there should be any extraordinary help. for it perhaps will be as well understood from the an additional section:
When these cases were first brought before the reading of the letter of the Superintendent of Pub- And be it further enacted, That the coinpensation of each courts the questions were comparatively new; lic Printing as in any other way. I send the letter Senator, Representative, and Delegate in Congress shall be
indeed, perhaps altogether new. They involved $10,000 for each Congress, and mileage as provided by the to the desk to be read. act approved August 16, 1856, and other laws pertaining
the mining laws as they existed under the Spanish The Secretary read the following letter: thereto; and that the provisions of this section shall apply
and Mexican Governments; and then there were OFFICE SUPERINTENDENT PUBLIC PRINTING,
to the present Congress, and each Senator, Representative, a great many questions of fraud, actual or alleged,
and Delegate shall be entitled to receive the diference only WASHINGTON, February 2, 1865.
which required very great labor either to make between their compensation already received under the DEAR SIR: Your letter making inquiry as lo the best law now in force, and the compensation provided by this
out the allegation in point of fact or to disprove mewus to be adopted to facilitate the public printing has been act; and that all acts or parts of acts inconsistent with it, and that required perhaps very extraordinary received, and I hasten to reply.
or repugnant to the provisions of this act be, and the same efforts which the proper officers of the GovernThe Government is the owner of sixty-eight feet fronton are hereby, repealed. H street running back one hundred and seventy-five feet.
ment were not in a situation to make. But that An addition to the present building of fifty-ciglit feet front
Mr. FOOT. I ask for the yeas and nays on is all over now. There is not, as I think, a ques(leaving a ten-foot alley for light and passage) and running that amendment. I think that is all the argu- tion that can now arise in any of these cases that back seventy-five feet, four stories higli, would not exceed
ment it is necessary to present to the Senate. has not been so far settled, analogically, at least, $25,000 in cash. This would give room on the ground floor for eighteen Adams book presses if found necessary. I think,
The yeas and nays were ordered.
by cases that have already been before the SuHowever, twelve would be sullicient. These would cost,
Mr. HALE. I move to amend the amendment preme Court, that every Attorney General conpui up, about $3,000 each. The appropriation necessary by striking out that part of it which makes this petent to discharge the duties can very fully repfor the addition and presses would be $61,000. With this
increase applicable to the present Congress. resent the interests of the United States; and I outlay, the public work could be done promptly. After the decrease of work for the Executive Departments, which
Mr. COLLAMER. I hope the amendment have no doubt that the present incumbent of the must take place at the close of the war, a daily record of now proposed will not be sustained. If the pay office, who is a man of ability and a man of great the proceedings and debates in Congress (similar to the is to be increased I think we who are now suffer- industry, will be found altogether equal to the Congressional Globe) could be printed at a much less cost to the Governinent than the amount now paid for that pub
ing ought to have the benefit of it. My opinion | discharge of these duties. lication,
is against the whole proposition; but I think if it The amendment was agreed to. I think it much better to thus increase the facilities for is entertained we should not be excluded from it.
Mr. JOHNSON. I move further to amend doing the press-work in this office than to send it out to be The amendment to the amendment was rejected. done by the token. The amount of money thus saved would
the bill by striking out the word “ one" in the soon refund the amount of the appropriation.
Mr. SHERMAN. I ask if the amendment is eight hundred and seventieth line and inscrting Very respectfully, yours, &c., in order.
" three;" so as to read, " for traveling expenses JOIN D. DEFREES, Mr. FOOT, and others. Never mind; let us of the judge assigned to the tenth circuit, for at
Superintendent Public Printing, Hon. H. B. ANTIONY, have the yeas and nays.
tending session of the Supreme Court of the United Chairman Coromittee on Printing, U. 8. Senate.
The PRESIDENT pro tempore. The yeas and States, $3,000.” P. 8. I hand you an estimate of master builders as to the nays have been ordered, and the call will proceed. Mr. HOWARD, I should like to hear some
explanation of this amendment from the honor- no courts. We have had some experiments in Mr. HALE. Let the amendment be read. able Senator from Maryland. It is a very large paying judges not sufficient to live upon in that The Secretary read the amendment, to strike amount for traveling expenses.
western country, and we would not ask for this out in line eight hundred and seventy the word Mr. JOHNSON. I was about to state why I increase of appropriation if it was not absolutely “ one" and insert “three;" so as to make the offered it. The judge of that circuit now, by your necessary. If you will not make the necessary clausc read: recent legislation, is to attend the circuit court in appropriation to defray the ordinary expenses of “ For traveling expenses of the judge assigned to the the State of Oregon, and he will have to attend these courts, it is better not to have the courts, tenth circuit for attending session of the Supreme Court one in Nevada. You give him now $1,000 for or to declare at once that nobody but a man of
of the United States, $3,000." the purpose of paying his expenses in coming fortune shall hold a judgeship. I am perfectly
Mr. HALE. Is not that an additional approhere. The currency which is used in that coun- confident that a little reflection and a little count- priation? try, fortunately for them, is altogether a currency ing of the cost on the part of the Senate will satisfy Mr. CONNESS. I understand the Chair has of coin; the notes of the United States are really every one that $3,000 is as small an allowance decided the question. not negotiable except as an article of barter and as we ought to make, and that the judge in at- The PRESIDENT pro tempore. The Chair sale. As I have understood not from him; I have tending upon the duties of this circuit incurs will take the sense of the Senate on the question. heard it from others, but I am sure it is true the $3,000 of extra expense over the necessary ex- Mr. SHERMAN. I should like information salary, which is $6,000, I think, and then $1,000 penses of the judge of any other circuit in the on this point for myself. The question must have for travel, making $7,000, he was obliged to sell, United States.
been raised many times in the Senate as to whether and could only get for it $2,400. Now, it seems Mr. NESMITH. I think there is a manifest an increase of an appropriation already in the to me to be bad policy every way that we should justice in this amendment, and I hope to see it bill is prohibited by the rule. Is that an addipay a judge of the Supreme Court, whose duties adopted. When the bill was originally passed tional appropriation? It certainly is additional in are not only of the highest character to be dis- which provided for the compensation of the mem- amount; but is it an additional or new appropricharged here, but whose duties require him to go ber of the Supreme Court for California, it was ation? to those three States, only what, in point of fact, declared that in addition to his salary he should Mr. HALE. The words of the rule are, in the present condition of the country, is but have $1,000 a year for traveling expenses. Since amendment proposing additional appropriaabout twenty-four hundred dollars. I believe the that time the currency has not only become very Senators from Nevada and the Senator from Cali- much depreciated, but we have added very largely Mr. CONNESS. As I understand, the Chair fornia (Mr. CONNESS) and the Senator from Ore- to his duties. He is now required not only to has decided the question, and the Senator has not gon (Mr. Nesmith) will concur in the opinion make the trip from licre to California and back || appealed. which I state that it is altogether inadequate to annually, but he is compelled to make the trip Mr. HALE. I do not understand the Chair to defray his expenses.
from San Francisco to Portland in Oregon, and have made a decision, but to have said that he Mr.STEWART. Knowing something about thence returning, to make the trip from San Fran- would take the sense of the Senate on the point. the matter spoken of by the Senator from Mary- cisco to the capital of Nevada.' This is an in- Mr. CONNESS. I understand it to be the duty Jand, I will state for the information of the Sen- crease of duty over what was contemplated by of the Chair to decide, and that the Chair did deate that it is much more expensive to travel from the original law. I think there should be a con- cide, but said to the Senator that if he appealed here to Nevada or Oregon by the way of Cal- sequent increase of compensation.
the Chair would take the sense of the Senate, ifornia than might at rst be supposed. Coming I have had some experience in traveling over The PRESIDENT, pro tempore. The Chair this way, the steamship line on both sides de- that route, and I know that it is utterly impossi- || gave his own impression; but at the same time mands coin. I believe that in going from here ble for any gentleman to travel from Oregon to said he would take the sense of the Senate, if the they take currency from New York to the Isth- Washington city upon $1,000 in the present cur- Senator desired, which may clearly be done under mus, but on the Pacific side coin is used. Then, rency. It may be possible for him to make the the rules. in the present condition of traveling, there are trip from New York to Oregon with that amount; Mr. GRIMES. I trust the Chair will take tho many incidental expenses. In going between here but under any circumstances $3,000 will no more sense of the Senate. If the views of the Chair and California, a fair average would be at least than compensate the ordinary expenses of the on this occasion are carried out, as I understand $200 in coin. If there is any extra baggage, as trip from here to San Francisco, and from San them, culminating on the decision made this There always must be with gentlemen traveling, Francisco to Portland, and thence back to San morning, we shall understand exactly where we it is twenty cents a pound across the Isthmus. If Francisco, and from there to the capital of Nea gentleman is going to travel continuously, every || vada, and then back to San Francisco and thence The PRESIDENT pro tempore. The Chair year, and live for any considerable length of time to this city again.
will put the question in this way; Is this an addion the steamers, particularly those on this side, I desire to call the attention of the Senate to tional appropriation? he must have some extras, and must have food the fact that the distinguished member of the Su- Mr. GRIMES. If it is not, if the point of orthat he does not get at the regular table, and he preme bench for the Pacific States, who discharged der is not well taken by the Senator from New must give something to the servants, unless Van- | his high duties with such distinguished ability, Hampshire, I confess I do not understand the derbili's line on this side is reoganized. Per- ) is not in the condition of a member of Congress English language. haps a very healthy man could stand it for one A member of Congress from that coast receives Mr. CONNESS. I regret very much that this or two trips, but a judge of the Supreme Court a much greater mileage than is provided for even new application of the rule is proposed in this cannot live for a term of years and travel over by this amendment, and he is not compelled to This slight appropriation is proposed for that route without having different supplies from return to his constituents during the recess of causes sufficient, I think, as has been siated, and what is ordinarily to be had on the steamships. Congress; but the judge is compelled to hold his directly after an appropriation of $20,000 appli
I think a gentleman would ordinarily spend in courts in California, in Nevada, and in Oregon, cable to California has been stricken from the bill going from here to California, $500 in coin. I do during the recess of the Supreme Court. There without any objection from us, showing clearly not think that any gentleman in this body could is no possibility of his evading that duty or avoid that our purpose is not to take money from the go there and back for less than $1,000 in coin, || ing its performance. He is necessarily compelled || Treasury and give it to any case applicable to taking into account all the incidental expenses of to make the trip: I introduced a bill some time || California. Upon a proposition to add a necesthe trip. Tog
get that amount of coin would take ago providing that the judges of the Supreme | sary amount to sustain one of the highest magisover $2,000 of your currency. To go from San Court of the United States should be allowed the trates in the land in the performance of a duty Francisco to Nevada to hold one term of the same mileage as members of Congress. I think to which he is appointed, and to enable him to go court would cost not less than $300 in coin, and that is the least we should give them; but inas- to the distant parts of his circuit and to come here about the same to go to Oregon.
much as the Senate thinks differently from me on annually to transact the important business of his Mr. CONNESS. He could not go to Oregon that subject I am satisfied to take the best I can office, this rule is invoked. I trust the Senate will and back for that.
get. I trust this amendment will be adopted, so not sustain the point of order. Certainly we give Mr. STEWART, I think it is a very low es- as to afford compensation for the actual traveling no evidence here of seeking a wasteful appropritimate; $3,000 a year in currency will not defray expenses.
ation of money for our region of country. the necessary traveling expenses of the judge Mr. HALE. I want to raise a question of Mr. NESMITH. The provision of the 30th who presides over that circuit. It will no more order. Is the amendment in order under the rule just relied on is that “no amendment prothan place him on an equal footing with the judge | 30th rule of the Senate?
posing additional appropriations shall be received on the bench, whose circuit is most remote from Mr. CONNESS. I would not read that rule
to any general appropriation bill, unless it be this place, but the next to his, and who receives now. That question was determined yesterday. I made to carry out ihe provisions of some existno allowance for traveling fees.
Mr.HALE. I rather think not. The 30th rule | ing law.” Now, there is a law which was passed I look at the question in this light: if the Senate is that
at the time this judgeship was provided for, makis satisfied that this judge ought to have this “No amendment proposing additional appropriations ing provision for the payment of his salary. amount of money in order to enable him to per- shall be received to any general appropriation bill, unless Since he was assigned to that position his duform the functions which are assigned to him, it
it be made to carry out the provisions of soine existing law, is its duty to make this appropriation. I presume or some act or resolution previously passed by the Senate
ties have been augmented by the action of both during that session, or moved by direction of a standing or
branches of Congress. It is a question to my the Senate does not wish to call upon a judge of select committee of the Senate, or in pursuance of an esti- mind whether a strict construction of the rule the Supreme Court to defray the legitimate ex- mate from the head of some of the Departments.”
would prohibit this appropriation. The payment penses of the Government; that is, lo hold courts The PRESIDENT pro tempore. The Chair of his expenses is provided for by law. It is to accommodate the people and defray his own was aware of the rule, and is inclined to the opin- || ascertained that the sum is inadequate. Now we expenses. If we cannot in that remote region || ion that this is not an amendment proposing an propose to appropriate a sum which is adequate have judges paid so that they shall not be objects | additional appropriation. It is an appropriation to carry out the very provisions of the law, and of charity, placing themselves under pecuniary | proposed to be increased, but is not within the not in contravention of the law. and other obligations to litigants as they pass rule an additional appropriation, as the Chair un- Mr. HENDRICKS. I wish to inquire what through the country; if we cannot have judges derstands. The Chair, however, will take the is the decision of the Chair on the question of who can by economy live independent of litigants sense of the Senate on the question if the Senator | order. or of borrowing from friends, we had better love desires.
The PRESIDENT pro tempore. The Chair
proposes to take the sense of the Senate on the I do not understand it so. My opinion is that Mr. CONNESS. Very well, sir. question.
if the item itself is in the bill, if the subject of The PRESIDENT pro tempore. The Senator Mr. HENDRICKS. I thought the Chair had appropriation is in the bill, you may add to the from New Hampshire will stale his point of order. decided the question.
amount without reference to the restriction of the Mr. HALE.. The point of order is that he has The PRESIDENT pro tempore. The Chair rule. The whole purpose of providing that an no right to impeach my motives or conduct in any gave an opinion, but said he would take the sense amendment shall come from a commillee before way, nor to refer to my private history for an of the Senate on the question whether the amend- it can be incorporated into an appropriation bill illustration of his argument. ment was admissible on the point of order. in the Senate, is that the committee may decide Mr. CONNESS. I believe I have not im
Mr. SHERMAN. I am very much in favor upon the propriety of introducing some new mat- peached the Senator's motives. I certainly deof giving Judge Field an additional allowance for ter into the bill. That is not proposed here. The clare that that was not my intention. I think if traveling expenses; I have talked with him about bill already proposes to give $1,000 for this pur- the Senator has raised a question which involves it, and therefore would be in favor of this propo- pose. The Senator who makes this point of order a matter of expenditure he should not be an exsition; but if the question of order is submitted supposes that you can reduce the appropriationception to the rule which illustrates it. to be decided upon the rule, I do not see how any to any amount, but cannot add a dollar to it, The PRESIDENT pro tempore. If the point other conclusion can be arrived at but that this is because the addition of a dollar is an additional of order is insisted upon, it is not debatable. If within the rule. The law not only allows him for || appropriation. Diminishing it a dollar is in one the Senator from California would confine himtraveling expenses, but fixes the amountat $1,000. sense an appropriation; that is, it is appropriat- || self to the matter before the Senate, the Senator
The amount is fixed by law. Now, this is to ap- | ing less than the bill appropriated before. I sub- from New Hampshire perhaps would not insist propriate money not allowed by law, an addi- mit to the Senate that there is nothing in the rule on the point of order. tional sum beyond the amount authorized by law; inconsistent with the amendment which I have Mr. CONNESS. I suppose it is in order to so that if the legal question is submilied to us, I shall suggested, and I do not understand that there is state that the Senator recently advocated the inbe bound to vote ihat it is within the rule. I can on the part of the Senate any objection to the crease of the salary of the consul at Halifax. I suggest to Senators that it would be very easy to amendment upon its merits.
am satisfied (and I say that to the credit of the have this matter referred to the Judiciary Com- The question being taken by yeas and nays, Senator) that he would never have done that if mittee and have it examined. If the amount is resulted-yeas 23, nays 18; as follows:
he had not ascertained it to be necessary, perhaps too low, in some subsequent appropriation bill YEAS--Messrs. Buckalew, Clark, Conness, Cowan,
by going there. I hope I do not trench on the the Judiciary or some other Committee can report Dixon, Doolitte, Hendricks, Howard, Johnson, Lane of rules of order in stating this much. This econthe proper amendment. That is the true way. Indiana, Lane of Kansas, Nesmith, Nye, Pomeroy, Powell,
omy that is spasmodic in its character is not the Ramsey, Sprague, Stewart, Sumner, Wilkinson, Willey, I feel bound by my position to enforce the rule,
kind to follow. Wilson, and Wright-33. and if the question is submitted to us, shall de- NAYS – Messrs. Brown, Chandler, Collamcr, Davis, I have called the attention of the Senate to the cide the question according to the rule as I read Farwell, Foster, Grimes, Hale, Harlan, Harris, Henderson, fact that we consented lo a motion to strike out it. I think the amendment is clearly out of or
Howe, Xlorgan, Morrill, Saulsbury, Sherman, Ten Eyck, $20,000 of appropriations from this very bill apder under the rule, though I should be glad to ABSENT — Messrs. Anthony, Carlile, Foot, Ilarding, || plicable to our State, thus illustrating clearly that vote for the allowance.
Hicks, McDougall, Richardson, Riddle, Van Winkle, and our purpose is not to expend public inoney in beThe PRESIDENT pro tempore. Shall the Wade-10.
half of persons from that country. I know that amendment be received within ihe 30th rule? So the Senate decided that the amendment was if the Senator was as well aware as I am of the Mr. STEWART. It seems to me that this is receivable under the rule.
expenses incurred by this magistrate, he would rather a strict construction of this rule. We have Mr. HALE. Ium opposed to this amendment noi take the position he has taken here. I know increased several appropriations. If the construc- for one reason, if for no other, and that is, that that from his generosity of character. And I will tion now urged be correct, the only thing we can the amendment on its face does not speak the take leave to say here ihat there is nothing more do is to cut out and cut down appropriations after | truth. In saying that, I of course mean no dis- difficult than to have gentlemen on this side of the they are reported. respect to the Senator who moves it. I
continent understand that it costs more to travel, Mr. GRIMES. Those amendments came from because on its face it proposes to give this judge more to live, more to buy any necessary or comcommittees. This does not come from a committee. | $3,000 for his expenses in traveling to attend the fort or luxury connected with life, on the Pacific
Mr. SHERMAN. I will say to the honorable sessions of the Supreme Court, and it is manifest coast than it does here. This magistrale has not Senator from Nevada that the objection is this: it to the Senate, and to everybody else, who will only to travel back and forth annually and live at does not come from a committee. A committee take the trouble to look into it, that the sum already this expensive capital, where others have got to may report an amendment raising an amount, but || provided by law will pay those expenses. live, but he goes to Oregon, he goes to Nevada, the rule requires that it should be acled on by a Mr. JOHNSON. It does not pay anything and the incidental expenses connected with his committee. Until that is done, it is within the rule. like them, as the Senator from Nevada has stated. performance of duty cannot be and are not paid
The PRESIDENT pro tempore. The question Mr. HALE. Let the amendment be again read. || by his salary and the mileage allowed. It is is on receiving the amendment.
The Secretary read the amendment.
within my personal knowledge, which I have Mr. HALE. I ask for the yeas and nays. Mr. HALE. It is now proposed to assign him | avoided stating here thus far, that he cannot sustain The yeas and nays were ordered.
$3,000 for his traveling expenses in attending the himself and does not sustain himself from the salThe "PRESIDENT pro tempore. The Chair sessions of the Supreme Court; and if it shall be ary that he receives. I will not slate here the dewill state that the question is not on the amend- found hereafter that that does not cover more than tails and invade his privacy from whence it comes. ment, but whether it can be received under the one third of his traveling expenses, we shall be Suffice it to say that a purer-minded gentleman rule.
called on to pay more. If the Senate are determ- does not exist on earth. I say it is not right to Mr. HENDRICKS. On that proposition 1 ined to pay Judge Field this salary, if they think impose absolute suffering and want upon such wish to make this suggestion: this is clearly not it due to him, I have no objection to it; but I have an officer through what is very near akin to paran additional appropriation but an addition to a objection to the Senate voting to pay a man $3,000 | simony. proposed appropriation. It is an amendment to for performing a journey which does not cost We are not here as advocates of increase of salaa proposed appropriation of the committee. It is $1,000. I am opposed to it for that reason, and ries or the wasteful expenditure of money. It a proposed addition instead of an additional ap- I am opposed to it because I do not think this is cannot be charged upon us.
I regret very much propriation.
the time to increase salaries. We decided just that I have been called upon even to respond Mr. JOHNSON. Before the vote is taken, I now by a very large vole not to increase our own thus in reply to the Senator. I will say, before I will say that it appears to me very clear that it is salaries. Most of the argument that is presented take my seat, that I had no intention of invading not in conflict with the rule. I should be entirely for this increase to Judge Field might be presented the courtesies due to the Senator, nor of impeachconfident of that if some of the Senators around for the increase of our own salaries. The Senate ing his motives. I have no doubt that the Sename did not entertain a different opinion. To con- have, not uniformly, but in a great many instances, lor on the occasion to which I referred rendered strue the rule as they would have it construed is refused to raise any salary unless it was put in the a quid pro quo. to place the Senate in this situation: on these gen- shape of “the rank, pay, and emoluments of a Mr HENDERSON. I move that the Senate eral appropriation bills the Senate could do noth- brigadier general;" put in that shape, it has been take a recess until seven o'clock. ["No,""No."] ing in relation to any of the items except to re- pretty certain to go ihrough. But I think this is I desire to state that the Senator who has this bill duce the amount; they could not increase the not the time to raise salaries; and if it was, it is in charge, the chairman of the Committee on Fiamount. I suppose the object of the rule is to not the time to pay for a thing three times what nance, is exceedingly anxious to get through with prevent any additional item being brought into it costs.
it this week and to-morrow is assigned for District ihe appropriation bill, any additional subject. It Mr. CONNESS. I regret to be compelled to l of Columbia business. would be most extraordinary that when we are say anything in this case which shall amount to Mr. CONNESS. Let us vote on this amendauthorized to amend bills, (for this rule is not a contradiction of what a Senator has said in deagainst the power of amendment,) when we are bate; but I am bound to state that the Senator Mr. WILKINSON. I move that the Senate authorized to amend appropriation bills as well from New Hampshire is in error and mistaken in | adjourn. as other bills, our whole charge over the approwhat he has stated in regard to the expenses of
Mr. SHERMAN called for the yeas and nays, priation bill with reference to the items contained the persons spoken of and to whom this amend- and they were ordered in the bill should be to reduce the amount and ment is applicable. And I would remind the Sen- Mr. FOSTER. I wish to ask whether the Sen. not to increase it. If you add a dollar to any ator that, although he sometimes advocates econ- ator from Ohio, who has charge of this bill, de. single itcm, it is against the rule, provided it be omy, as he does at present, such is not always sires the Senate to remain here until it shall be true that that makes an appropriation within the his course. Recently, if I am not mistaken-, disposed of. I shall be governed by his views on meaning of the rule. Can that be so? Is that saw it in a printed record-he had $2,000 paid that subject, because he knows what the wants the purpose of the rule? Do the Senate mean to him for going Halifax.
of the country are in reference to this bill. tie up their hands in relation to all the appropri- Mr. HALE. I call the Senator to order. I Mr. SHERMAN. If we can pass the bill 10. ation bills so that they shall consider nothing that do not wish to get into any personal controversy morrow, I shall be perfectly content; I think we does not lessen the amount appropriated for each here, but I want the rules enforced. I raise a ought to pass it this week; we are getting behind item? question of order.
Mr. HOWARD, and others. We will pass it
versely upon the petition of Jacob Gates, prayto-morrow.
Mr. COLE, of California, from the select com
ing for a pension on account of wounds received Mr. SHERMAN. But the special order for mittee on the Pacific railroad, to whom was re
during the war with Great Britain, in 1813; and to-morrow is in the way. ferred the bill of the House (No. 593) granting
moved that the committee be discharged from its Mr. COLLAMER. This business is more im
lands to aid in the construction of certain railroads | further consideration, and that it be laid on the portant than that.
table. Mr. SHERMAN. With the understanding
in the State of California, reported back the same;
The motion was agreed to.
HENRY L. MYERS. no objection. [“Agreed.”] Mr. TRUMBULL. Let the call for the yeas
Mr. PERHAM, from the Committee on Invaand nays be withdrawn.
Mr. BALDWIN, of Massachusetts. I ask the lid Pensions, reported adversely upon the petition The PRESIDENT pro tempore. The call may unanimous consent of the House to offer the fol- of Henry L. Myers for allowance of pension; be withdrawn by unanimous consent. lowing resolution:
and moved that the committee be discharged from The motion of Mr. WILKINSON was agreed to; Whereas we are now in the year of our Lord 1865, and
its further consideration, and that it be laid on and the Senate adjourned. it appears nowise likely that the remaining portions of the
next census is taken: Therefore,
MARY F. B. LEVELY.
Mr. PERHAM, from the Committee on Invaafter the voluine now in the hands of the printer is com
lid Pensions, also reported adversely upon the peThe House met at twelve o'clock, m. Prayer || pleted.
tition of Mary F. B. Levely, widow of Henry by Rev. E. H. GRAY.
Mr. ANCONA. I object.
Levely, captain of the private armed schooner On motion of Mr. WILSON, by unanimous
Nonsuch, praying for allowance of arrears of penconsent the reading of the Journal was dispensed
sion; and moved ihat the committee be discharged with.
The SPEAKER, by unanimous consent, laid from its further consideration, and that it be laid APPOINTMENT OF A COMMITTEE.
before the House a communication from the Sec- on the table. The SPEAKER announced as the select com
retary of the Interior, recommending an appro- The motion was agreed to. mittee appointed under the resolution of the day priation to pay indebtedness incurred on account of Indian affairs in Arizona; which was referred
D. I. FITCH, AND OTHERS. before yesterday to investigate charges against the Patent Bureau, Messrs. HIGBY, FRANK, CRAto the Committee of Ways and Means, and or
Mr. PERHAM, from the Committee on Invadered to be printed.
lid Pensions, also reported adversely upon the peVENS, ANCONA, and Norton.
The SPEAKER also, by unanimous consent,
titions of D. H. Fitch, D. W. Lunsford, and sunMESSAGE FROM THE SENATE. laid before the House a communication from the dry other soldiers of the war of 1812, praying for
the allowance of pensions; and moved that the A message was received from the Senate, by Secretary of the Interior recommending that apMr. Hickey, one of their clerks, announcing that propriations made for the Chippewas of Lake Su- committee be discharged from their further conthey had passed a bill (S. No. 424) entitled “An
perior under treaty stipulations be made special, sideration, and that they be laid on the table. act to facilitate the collection of certain debts due &c.; which was referred to the Committee of Ways
The motion was agreed to. the United States;' in which they requested the and Means, and ordered to be printed.
ABRAM BRAGAW. concurrence of the House.
REPORT OF THE COMMISSIONER OF PATENTS. Mr. LAW, from the Committee on RevolutionAlso, that the Senate had passed the following Mr. ORTH submitted the following resolution; || ary Pensions, reported adversely upon the petiresolution:
which was read, and referred to the Committee on tion of Abram Bragaw for a pension; and moved Resolved, That a committee of one member of the Sen- Printing:
that the committee be discharged from its further ate be appointed by that body to join a committee of two members of the House of Representatives, lo be appointed
Resolved, that there be printed thirty thousand copies of
consideration, and that it be laid on the table. the report of the Commissioner of Patents, twenty thousand The motion was agreed to. by that llouse, to wait upon Abraham Lincoln, of Illinois,
for the members of the House of Representatives and ten and to notify him that he has been duly elected President thousand for the Commissioner of Patents.
CHARITY HARROW. of the United States for four years, commencing with the 4th day of March, 1865; and also to notify Andrew John
MILEAGE OF MEMBERS.
Mr. HERRICK, from the Committee on Rev. son, of Tennessee, that he has been duly elected Vice Pres. ident of the United States for four years, commencing with
Mr. ANCONA, by unanimous consent, sub
olutionary Pensions, reported adversely upon the the 4th day of Marclı, 1865.
mitted the following resolution; which was read, petition of Charity Harrow, praying for an inAnd ordered, That Mr. TRUMBULL be the said coinmittee considered, and agreed to:
crease of pension; and moved thai the committee on the part of the Senate.
be discharged from its further consideration, and Resolved, That the Committee on Mileage be directed to
that it be laid on the table.
inquire into the expediency of reducing the rate of mileage
The motion was agreed to.
SARAH P. MATHER. inquiry to the Chair touching the privileges of by bill or otherwise. certain members to the floor. I understand that
Mr. NOBLE, from the Committee on Patents,
Mr. ANCONA moved to reconsider the vote the House lastevening passed a resolution order- || by which the resolution was adopted; and also
reported adversely upon the petition of Sarah P.
Mather; and moved that the committee be dising the arrest of certain members who were ab- moved to lay the motion to reconsider on the table. || charged from its further consideration, and that it sent upon a call of the House. I am not able The latter motion was agreed to.
be laid on the table. myself to give to that resolution an interpretation which satisfies me that those members who are
WITHDRAWAL OF PAPERS.
The motion was agreed to. under arrest by virtue of that resolution have a On motion of Mr. HALE, by unanimous con
PUEBE ANN FISK. right to participate in the proceedings of the House sent, leave was granted for the withdrawal from Mr. NOBLE, from the Committee on Patents, until they have purged themselves of contempt.
the files of the House of the papers in the case of also reported back Senate bill No. 112, being“An The question I desire to propound to the Chair William G. Sheldon.
act for the relief of the heirs of Almon D. Fisk, is, whether the members absent last night will be On motion of Mr. WINDOM, by unanimous deceased," with a recommendation that it pass. permitted, under that resolution, to participate in consent, leave was granted for the withdrawal
The bill was read at length. It provides that ihe proceedings of the House to-day?
from the files of the House of the papers in the Phebe Ann Fisk, or the heirs of Almon D. Fisk, The SPEAKER. The Chair knows of nothing case of A. M. Clenny.
deceased, who oblained a patent for a new and that would prevent them from participating in the The SPEAKER announced as the regular order useful improvement in coffins, dated November proceedings of the House until one o'clock, or of business the calling of committees for reports 14, 1848, for fourteen years, which has now exas soon thereafter as possible-five minutes after of a private nature.
pired, shall be authorized to apply, within thirty one-when they are to be presented at the bar by
days after the approval of this act, for an extenthe Sergeant-at-Arms.
Mr. BOYD, from the Committee on Indian Af
sion of said patent for seven years, which appliBRIDGE OVER THE OHIO RIVER. fairs, reported a bill for the relief of Samuel Norris,
cation must be decided by the Commissioner of On motion of Mr. ARNOLD, by unanimous accompanied by a report in writing thereon; which
Palents within ninety days after it shall have been bill was read a first and second time, referred to a
filed; provided that nothing in the act shall give conseni, bill of the Senate No. 413, io establish a bridge across the Ohio river at Cincinnati, Ohio, Committee of the Whole House, and, with the
authority to prosecute persons for damages for use a post route, was taken from the Speaker's table, report, ordered to be printed.
of the patented article between the expiration of
the patent and the approval of this aci. read a first and second time, and referred to the
ANNA MARIA AMAN.
Mr. NOBLE moved the previous question. Committee on Roads and Canals.
Mr. WASHBURN, of Massachusetts, from
Mr. WASHBURNE, of Illinois. ` I hope the Mr. HOLMAN moved to reconsider the vote
the Committee on Invalid Pensions, reported ad- | gentleman from Ohio (Mr. NOBLE) will not call by which the bill was referred; and also moved
versely upon the petition of Anna Maria Aman, the previous question on a bill which taxes the to lay the motion to reconsider on the table. widow of Laurens Aman, a soldier who was
ashes of our dead soldiers. The latter motion was agreed to. drowned while bathing, August 6, 1362; and
Mr. NOBLE. I will withdraw the motion for NATIONAL CURRENCY. moved that the committee be discharged from its
the previous question, and ask that the accompafurther consideration, and that it be laid on the nying report be read, Mr. BROWN, of West Virginia, presented res- table.
The report was read. olutions of the Legislature of West Virginia, ask- The motion was agreed to.
Mr. MORRILL. Mr. Speaker, Congress having an amendment of the act to provide a national
ing changed the policy of the country in relation currency, approved June 4, 1864; which was re
to the reissue of patents, the case ought to be a ferred to the Committee of Ways and Means, and Mr. WASHBURN, of Massachusetts, from very strong one wherever we are called upon to ordered to be printed.
the Committee on Invalid Pensions, reported ad. give relief in these cascs. Now I desire to ask
the gentleman from Ohio (Mr. NOBLE] if the fact Leonard Myers, Nelson, Noble, Norton, Odell, John Illinois. I do not see any statement of the cir-
cumstances under which this clerk was employed.
What reason had McFarland to believe he was and whether anything in the bill protects the rights | Thomas, Townsend, Van Valkenburgli, Webster, Whaley, a man of integrity to whom could be intrusted of the persons thus manufacturing? Heretofore Wheeler, Joseph W. White, Winfield, and Yeaman–86. this money it has been usual when there has been a lapse of
NOT VOTING-Messrs. William J. Allen, Alley, John Mr. FARNSWORTH. These clerks are em
D. Baldwin, Blaine, Brooks, Creswell, Henry Winter Dapatent, and parties have engaged in the manufacvis, Denison, Dixon, Eden, Frank, Goochi, Grinnell, Har
ployed with the approval of the War Department. ture of patented articles, to give them a release rington, Benjamin G. Harris, Holman, Hotchkiss, Hutch
The Clerk will read what I have marked.
The court of inquiry beforementioned reported that the
clerk (McCarter) had a proper reputation at the time his from Vermont (Mr. MORRILL] by saying that it
services were engaged by Major McFarland," and that all Voorlices, Ward, Chilton A. White, Wilder, Benjamin
due precautions were observed in selecting him; also “ that is not true that parties all over the country have Wood, and Fernando Wood-45.
it is a custom of the service, and is necessary for paymasters engaged in the manufacture of this improvement, So the House refused to lay the bill on the table. to intrust their clerks at times with the custody of safes nor is it true that they or any of them thus engaged The question recurred on ordering the main wlierein moneys are contained." object to the reissue of this patent. Neither is it question to be put.
WAR DEPARTMENT, true that this case comes within the spirit of the Mr. WASHBURNE, of Illinois. I ask per
ADJUTANT GENERAL'S OFFICE, new rule in reference to the issuing of patents. mission to make a statement in reference to this
WASHINGTON, September 18, 1863.
SIR: I am directed by the Secretary of War to say that This patent was issued under the old law, and in matter.
the court of inquiry in your case bas exonerated you from all such cases patents are even now suffered to be Mr. ELDRIDGE. I rise to a question of order. any blame for the loss or the money stolen by your clerk. extended under the patent law. This widow, | I understand that the gentleman from Illinois is
By direction of the Secretary you will report for duty to who has not been recompensed for the invention in arrest for contempt of the House, and I insist
the Paymaster General of the Army. of her husband, made application, as Hhave stated, || that he is not entitled to take part in our roceed
E D. TOWNSEND, in due form of law; but, by reason of a mistake || ings.
Assistant Adjutant General. made by the Commissioner of Patents, the ex- The SPEAKER. The Chair has decided in Mr. ROLLINS, of New Hampshire. The tension was not granted. The Commissioner of reference to the gentleman from Ilinois (Mr.J.C. clerk was tried by court-martial, and convicted Patents lo-day acknowledges that mistake. Any | Allen) that the order of the House does not oper- and sentenced to Albany penitentiary. He had lawyer who understands the facts must agree that ate until the Sergeant-at-Arms, at five minutes been previously employed by the Department, this woman is entitled_by law to this extension. past one o'clock, presents the members in arrest and McFarland had a right to suppose that he was
Mr. MORRILL. From the reading of the re- at the bar of the House. The gentleman from an honest man. The money was recovered. And
these detectives in the employ of the Government than could rightfully be claimed.
The previous question was seconded, and the were paid for their services at the same time. Mr. NOBLE. Mr. Speaker, in answer to that main question ordered.
Mr. FARNSWORTH. No, sir; it was the allegation I will say that I do not so understand the Mr. WASHBURNE, of Illinois, demanded the || Metropolitan police that received the reward.
The original patent was reissued in 1860, | yeas and nays, and tellers on the yeas and nays. Mr.' ROLLINS, of New Hampshire. The and that reissue embraced no more than was con- Tellers were not ordered, and the yeas and money was paid over to the parties who detected lained in the original patent. But the Commis- nays were not ordered.
the scoundrels. sioner, when the objection was made, did decide
The bill was passed.
The question being on seconding the demand that it embraced more; the objection was suffered Mr. NOBLE moved to reconsider the vote by for the previous question, to prevail, to the detriment of the applicant for which the bill was passed; and also moved that Mr. ANCONA demanded tellers. the extension. These are the facts of the case. the motion to reconsider be laid on the table. Tellers were ordered; and Messrs. ROLLINS of The Commissioner is satisfied to-day that he made The latter motion was agreed to.
New Hampshire and Ancona were appointed. an error, and so are all the members of the com
The House divided; and the tellers reported mittee. The object of this bill is, not to give this
Mr. WHALEY. I ask unanimous consent to
ayes sixty-eight; noes not counted. woman any more than justly belongs to her, but to reinstate her legally in the possession of her report from the Committee on Invalid Pensions a
So the previous question was seconded. The rights, of which she was deprived by a mistake bill supplementary to the several acts relating to
main question was ordered to be put, and under of the Commissioner. pensions, that it may be recommitted and ordered
the operation thereof the resolution was ordered Mr. Speaker, I move the previous question. io be printed.
to be engrossed and read a third time; and being Mr. WASHBURNE, of Illinois. I hope that
Mr. HALE. That is not a private bill; it is
engrossed, it was accordingly read the third time. the previous question will not be seconded.' This a public bill, and is not in order to-day. I object. ll question on the passage of the resolution.
Mr. FARNSWORTH. Idemand the previous question is of more importance than some mem
MAJOR IIENRY M'FARLAND.
The previous question was seconded, and the bers appear to think it.
Mr. FARNSWORTH, from the Committee on main question ordered to be put. The SPEAKER. Debate is not in order pend- || Military Affairs, reported back House joint res- The question recurring on the passage of the ing a demand for the previous question.
olution No. 145, for the relief of Major Henry | resolution, On seconding the previous question there were, McFarland.
Mr. J. C. ALLEN demanded tellers.
The Speaker, under the rule, ordered tellers; out of any money in the Treasury not otherwise Mr. FARNSWORTH were appointed.
being the amount expended by him as a reward ayes 49, noes 49.
stolen a large amount of Government money. ative, and the resolution is passed. So the previous question was seconded. The report states that Major McFarland, an Mr. FARNSWORTH moved that the vote by
Mr. WASHBURNE, of Illinois. I move that additional pay master of the Army, on the evening which the resolution was passed be reconsidered; the bill be laid on the table; and on that motion of August 4, 1863, had stolen from his room in and also moved to lay the motion to reconsider I demand the yeas and nays.
Washington city the sum of $40,000, (United on the table. The yeas and nays were ordered.
States Treasury notes,) which he had on that day The latter motion was agreed to. The question was taken; and it was decided in drawn from the Treasury for the payment of
ENROLLED BILLS. the negative-yeas 51, nays 86, not voting 45; as United States troops; that Major McFarland was follows: under orders to go to the Army with this money
Mr. COBB, from the Committee on Enrolled YEAS-Mesers. Allison, Ames, Arnold, Ashley, Baxter, on the following morning; that the money was
Bills, reported that the committee had examined
and found truly enrolled an act (H. R. No. 431) for Beaman, Boulwell, Boyd, Brandegee, William G. Brown, | necessarily drawn on that day, as he could not get Ambrose W. Clark, Freeman Clarke, Cole, Dawes, Dem- it in the morning in time for his departure, and
the relief of Solomon Wadsworth; and a resoluing, Eckley, Farnsworth, Garfield, Higby, Hooper, Hul- the regulations of the Treasury Department were
tion (H.R. No. 106) providing for the compilation
of a Congressional Directory at each session of
PROCEEDINGS UNDER THE CALL.
he left this moncy for a short time while McFar- The SPEAKER. The morning hour having Washburn, Williams, Wilson, Windom, Woodbridge, and Worthington-51.
land went to the post office, about half past eight || expired, the Sergeant-at-Arms will execute the NAYS-Messrs. James C. Allen, Ancona, Anderson,
o'clock p. m.; that the money was in the pay- order of the House of last evening. The Clerk
for the detection of the thief and recovery of the The Clerk read the resolution, as follows:
the llouse at one o'clock to-morrow, Friday, February 10,
Mr. HOLMAN. There is one point to which
1865, or as soon thereafter as possible, and that they be re
quired to show cause why they shall not be declared in doe, McKinney, Middleton, James R. Morris, Morrison, I wish to call the attention of the gentleman from contempt of the llouse, and abide the order of the House.