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and referred to the Committee on the Post Office
PETITIONS AND MEMORIALS.
the route being already a post road; which was and Post Roads, the act (S. No.407) to authorize the establishment of ocean mail steamship service
Mr. COWAN presented a resolution of the agreed to;
Mr. WILSON, from the Committee on Milibetween the United States and China.
amendment to the Constitution of the United tary Affairs and the Militia, to whom was referred Mr. WILSON. I object; and move that the States which shall confer upon Congress the
the petition of citizens of Boston, praying the enHouse proceed to the business on the Speaker's power to assess duties upon exports; which was
actment of a law preferring the appointment to table. referred to the Committee on the Judiciary.
all inferior offices of persons honorably discharged EVENING SESSION DISPENSED WITH.
He also presented a resolution of the Legisla- || from military or naval service of the United States, Mr. MALLORY. I move to dispense with the ture of Pennsylvania in favor of the repayment
submitted a report accompanied by a joint resoevening session this evening, and that after toby the United States of certain moneys advanced
lution (S. R. No. 111) to encourage the employ. morrow the House shall meet at eleven o'clock by that State to pay the volunteer militia of 1863; | joint resolution was read and passed to a second
ment of disabled and discharged soldiers. The and adjourn at half past five.
which was ordered to lie on the table. Mr. STEVENS. Oh, I hope not. The Com Mr. HOWE presented the petition of Easton reading, and the report was ordered to be printed. mittee of Ways and Means would have no time & Gage, contractors with the Navy Department Mr. SHERMAN, from the Committee on Fito transact its business. to supply at the different navy-yards of ihe Uni
nance, to whom was referred a bill (H. R. No. Mr. MALLORY. I suggest that the House || ted States certain quantities of rice, beans, and 683) making appropriations for the support of the would do more business between those hours sugar, during the year ending on the 30th day of Army for the year ending June 30, 1863, re
ported it with amendments. than it would by having a recess and an evening | June, 1864, praying to be relieved from the consession. tract, and that ji be settled upon just and equita
Mr. HENDRICKS, from the Committee on Mr. STEVENS. Mr. Speaker, the gentleman ble principles, and that they may be paid the
Public Lands, lo whom was referred a bill (H.
R. No. 558) lo authorize the issuing of patents from Kentucky must know that ihe Committee | twenty per cent. reserved on the contract; which of Ways and Means meets every morning, and
was referred to the Committee on Naval Affairs. for certain lands in the town of Stockbridge, State that it cannot possibly get along with its business
Mr. CHANDLER presented a petition of citi
of Wisconsin, and for other purposes, reported it if the House meets at eleven o'clock. zens of the State of Michigan, praying remunera
with amendmenis. Mr. MALLORY. I am aware that the Com tion to Jolin M. Stanley for the loss of his col
A MESSAGE FROM THE HOUSE. mittee of Ways and Means does meet in the
lection of Indian portraits, destroyed by fire al A message from the House of Representatives, morning, but it can meet at nine o'clock. the Smithsonian Institution; which was referred
by Mr. McPHERSON, its Clerk, announced that Mr. STEVENS. Tam afraid that if it did the to the Committee on the Library.
the House had passed the joint resolution of the gentleman from Kentucky would be a little behind He also presented a petition of members of the
Senate (S. R. No. 42) 1o extend the lime for the time occasionally. , (Laughter.]
Legislature of the State of Michigan, praying reversion to the Unitev States of the lands granted Mr. MALLORY. Not at all. I will be there remuneration to J. M. Stanley for the loss of
by Congress to aid in the construction of a railat half past eighi.
his collection of Indian portraits destroyed by fire road from Pere Marquette to Flint, and for the The SPEAKER. The question must be first
at the Smithsonian Institution; which was reon the motion to dispense with the evening sesferred to the Committee on the Library.
completion of said road, with an amendment in
which the concurrence of the Senate was resion.
He also presented a petition of citizens of De
quested. The question was taken, and it was decided in troit, praying for the establishment of a navy
ENROLLED BILL SIGNED. the affirmative; there being, on a division-ayes yard ai Detroit; which was referred to the Com75, noes 25. mittee on Naval Affairs.
The message further announced that the Speaker Mr. MALLORY. I now ask unanimous con He also presented resolutions of the Legisla- | of the House had signed the enrolled bill(s. No. sent to move that, after to-morrow, the House ture of Michigan, in favor of the establishment 112) for the relief of the heirs of Almon D. Fisk, shall meet at eleven o'clock and adjourn at half
in the city of Detroit of a general naval recruiting | deceased, which thereupon received ene signature
and muster-in office for ihe State of Michigan; of the President pro tempore of the Senate. Several Members objected. which were referred to the Committee on Naval
FUNERAL OF SENATOR HICKS. Mr. WILSON. I move to proceed to the busi- || Affairs, and ordered to be printed.
Mr. JOHNSON. I move that the Chair apness on the Speaker's table.
Mr. POMEROY presented a petition of citizens
point a committee of arrangements to superintend Mr. KELLOGG, of Michigan. I move that
of Kansas, praying that the mail route from Kanthe House do now adjourn. sas City, Missouri, lo Lawrence, Kansas, by way
the funeral of my late colleague, which will take Mr. COX. I ask ihe gentleman from Michiof Westport, Missouri, may be changed so as lo
The motion was agreed to; and the President gan to withdraw that motion, that I may submit
run on ihe river road from Kansas City, Misa resolution, and let it lie over. souri, to Lawrence, Kansas, by way of the Junc
pro tempore appointed Messrs. Foor, ANTHONY, Mr. STEVENS. I think we had better ad. tion House; which was referred to the Committee
Morgan, BUCKALEW, Wade, and WILLEY, as
Mr. RAMSEY presented resolutions of the
Legislature of the State of Minnesota, in favor of Mr. WILSON. I offer the following resoluMr. COBB, from the Committee on Enrolled the location of the north or Sioux City branch of tion: Bills, reported as truly enrolled an act for the re the Pacific railroad westwardly as near as it may Resolved, That the Secretary of War be directed to relief of the heirs of, Álmon D. Fiske, deceased; be along the parallel of forty-iwo and one half de
port to the Senate it any increase in the quantity of the when the Speaker signed the same.
Ariy ration required for the comfort of the men or ube grees of north latitude to a point of junction with Mr. WILSON called for the yeas and nays on
efficiency of the service. the main trunk of the road; which were referred the motion to adjourn; and for tellers on the yeas to the Committee on Public Lands, and ordered
It will be remembered that at the last session Tellers were not ordered; and the yeas and to be printed.
of Congress we made a change of the ration,
and there has been from some parts of the coun
Mr. DIXON presented a memorial of a comnays were not ordered. mittee appointed by the Mutual Fire Insurance
try complaint in regard to it. Some suggesl'he motion was agreed to; and thereupon (at | Company of the District of Columbia, incorpo
tions have been made that modifications are neces. twenty-five minules past four, p. m.) the House rated June 10, 1855, praying that the act incor
sary. In order to know whether any change is adjourncu. porating that company be so amended in the fourth
really necessary, and if so, what, I desire to get line of the third section as to read “fifty thousand,'
a report from the Commissary General of SubIN SENATE. instead of"twenty thousand;" which was referred
sistence, and then we can have something official Tuesday, February 14, 1865. to the Committee on the District of Columbia.
on which to act. Prayer by Rev. Tuomas Bowman, D. Do, Chap- || marshals in the State of Michigan, praying for Mr. HOWARD presented a petition of provost
The resolution was considered by unanimous
consent, and agreed to. lain to the Senate. an increase in the rank and pay of provost mar
STATE AND POLITICAL PRISONERS. On motion of Mr. FOOT, and by unanimous shals; which was referred to the Committee on Mr. POWELL submitted the following resoconsent, the reading of the Journal of yesterday's Military Affairs and the Militia. proceedings was dispensed with.
lution; which was considered by unanimous conHe also presented a petition of citizens of Mich
sent, and agreed to: EXECUTIVE COMMUNICATIONS. igan, praying that remuneration may be made to
Resolved, That the Secretary of War be directed to inThe PRESIDENT pro tempore laid before the
John M. Stanley for the loss of his collection of form the Senate whether or not he has turnished the judges Senate a message from the President of the United
Indian portraits by fire in the Smithsonian Insti of the circuit and district courts of the United States, and States, communicating a copy of a dispatch of the *lution; which was referred to the Committee on
of the District of Columbia, a list of the names of the per12th ultimo, addressed to the Secretary of State, the Library.
sous held als “ State or political prisoners, or otherwiso
than as prisoners of war, is required by the second section by the ininister resident of the United States at
He also presented a resolution of the Legisla of the act cutited 'An act relating to habeas corpus, and Stockholm, relating to an international exhibi
lure of Michigan in favor of the establishment of regulating judicial proceedings in certain cases, aption to be held at Bergen, in Norway, during the a general naval recruiting and muster-in office for
proved March 3, 1963. coming summer; which was referred to the Comthe State of Michigan, to be located in the city of
INTEMPERANCE IN THE ARMY. Detroit; which was referred to the Committee on mittee on Foreign Relations, and ordered to be
Mr. POMEROY submitted the following reso. Naval Affairs. printed.
lution; which was considered by unanimous conHe also laid before the Senate a message from
REPORTS OF COMMITTEES.
sent, and agreed to: the President of the United States communicating Mr. COLLAMER, from the Committee on
Resolved, that the Committee on Military Affairs and the correspondence in relation to the opening of an
Militia be instructed to inquire if the peculiar facilities Post Offices and Post Roads, to whom were re atforded to officers of the Army to procure spirituous and international exhibition in the city of Oporto, ferred five petitions of citizens of Missouri, pray intoxicating liquors does 110l tend to the increase of inteinPortugal, during the coming summer; which was ing the establishment of a daily mail route from
perance in the Ariny, and create insubordination and de. referred to the Committee on Foreign Relations, Macon City, Migsouri, to Keosoqua, Iowa, asked
ineralization incompatible with the wholesome discipline and ordered to be printed.
of the soldier and detrimental to the public service, and reto be discharged from its further consideration, port by bill or otherwisc.
THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY F. & J. RIVES, WASHINGTON, D. C.
MINE EXPLOSION AT PETERSBURG,
offered antagonizing provisions, or from which it The two Houses agreeing substantially in their Mr. HARRIS submitted the following resolu- | had otherwise dissented in its amendment. These action to establish the Freedmen's Bureau, and tion; which was considered by unanimous con
latter matters being embodied in the amendment no conference being asked to harmonize the difsent, and agreed to:
would be the pending questions between the two fering language by which they had severally dono Resolved, "That the President be requested, if not incom
Houses, but not the question of establishing the it, the question of the bureau was not before the patible with the public interest, to furnish to the Senate a
bureau, because both Houses had agreed to that. commitiee of conference for any purpose whatcopy of the report of the committee of inquiry ordered by It is only points of disagreement between the two ever; certainly not for its repudiation. In recomhim in respect to the explosion of the mine in front of Houses that are or can be referred to committees | mending the establishment of a separate and inPetersburg. FREEDMEN'S BUREAU.
of conference. The matter, then, of the creation dependent Department for it, the committee acted
of this bureau was not referred to or before the on a matter coram non judice, and the Senate repu. Mr. STEWART. I desire to call up a reso
committee of conference. That committee had no diated that action and the committee's report of it. lution which I offered several days ago, to amend power to withdraw the bureau from the bill, to In support of this position I will read the first the 34th standing rule by adding to the commit recommend to the two Houses its withdrawal, || joint rule of the two Houses: tees authorized by it a Committee on Mines. and to substitute a Department for it. It would “In every case of an amendinent of a bill agrecd te la
Mr. SUMNER. I must ask the Senate now have been as competeni for the committee to have one House, and dissented to in the other, if either House to proceed with the consideration of the unfinished thus retired the bureau and to have recommended
shall request a conference, and appoint a committee for business of the morning hour of yesterday, being
that purpose, and the other House shall also appoint a coma court in its stead.
mittee to conter, such committees shall, at a convenient the report of the conference committee on the dis I read from the report of the committee: hour, to be agreed upon by their chairmen, meet in the agreeing votes of the two Houses with regard to “ The committee of conference on the disagreeing votes
conference chamber, and state to each other, verbally or the bill establishing a Bureau of Freedmen.
of the two Houses on the bill (H. R. No.51).entitled An act in writing, as either shall choose, the reasons of their reMr. STEWARI. I think that report is the to establish a Bureau of Freedmen's Affairs,'having met,
spective Houses for and against the amendment, and couafter full and free conference have agreed to recommend
fer freely thereon." special order for half past twelve o'clock, and my to their respective Houses as follows:
Now, sir, according to this rule, what matter resolution can be disposed of by that time. “That the Senate recede from their amendment to the
comes before a committee of conference? It is The PRESIDENT pro tempore. The Chair said bill"
only the matter of the amendment which has does not understand the report referred to to be a
It was simply an amendment, although it was
been proposed in one House to a bill or joint special order for half past twelve o'clock; but the on its face called a substitute
resolution passed by the other. The rule is exmotion to take it up is a privileged question, and " and the committee agree to the following as a substi
press, that upon this amendment the conference it has precedence of the motion of the Senator
shall take place; and that amendment, so far as from Nevada.
I will now read from the first section of the Mr. DOOLITTLE. I shall not oppose the prop
relates to the main and essential object and proHouse bill and the Senate's amendment, both of vision of the measure, I have attempted to anaosition of the Senator from Massachusetts, for the the last session, for the purpose of showing that I lyze. matter that he wishes to take up has been under upon the matter of establishing a separate bu
Now, sir, I will read the first clause of the rediscussion for a day or two; but I desire to give reau for freedmen there was no dissent between
port of the committee of conference: notice to him and to other Senators that I hope the two Houses; that the provision in the House
That the Senate recede from their amendment to the they will allow me on Thursday, in the morning bill establishing the bureau was accepted by the sald bill, and the committee agree to the following as a hour, to take up some Indian bills that will con Senate taking no negative action upon it, and substituie: fume but little time, but which it is necessary passing an amendment which contained in sub An act to establish a Department of Freedmen and Abanshould be acted upon as early as that day. On stance the same provision to establish that bureau.
doned Lands. Thursday morning, with the leave of the Senate, Here is the first section of the House bill:
Be it enacted by the Senale and House of Representativer I shall hope to be able to take up some Indian “That an office is hereby created in the War Depart
of the United Stales of America in Congress assembled, That bills and have them disposed of. ment, to be called the Bureau of Freedmen's Affairs, and
there is hereby estabi ished at the seat of Government of the
United States a Department of Freedinen and ndoned the President of the United States is hereby authorized to The PRESIDENT pro tempore. The question nominate, and with the advice and consent of the Senate
Lands, whose object shall be the good of the freedmen, is on the motion of the Senator from Massachu
and the administration of lands and other property falling to appoint, a Commissioner of Freedmen's Affairs, with an selts. annual salary of $4,000, to whom shall be referred the ad
to the natloval Government in the rebel States voi hereinThe motion was agreed to; and the Senate rejustment and determination, under the direction of the Sec
fore appropriated in other uses. And this Department shall sumed the consideration of the report of the comretary of War, of all questions arising under this act, or
be under the care of a Commissioner, who shall be ap under any laws now existing or hereafter to be enacted,
pointed by the President, by and with the advice and conmittee of conference on the disagreeing votes of concerning persons of African descent."
sent of the Senate, with an annual salary of $4,000. the two Houses upon the bill (H. R. No. 51) to In the Senate's amendment, which in this re
It is thus shown that the committee transcended establish a Bureau of Freedmen's Affairs. Mr. DAVIS. Mr. President, at the last session port is truly termed an amendment, there is this
their authority by repudiating the bureau upon provision in the first section:
which the two Houses had accorded; and recomthe House of Representatives passed a bill “ to " That an office is hereby created in the Treasury De
mended in lieu of it a Department of which no establish a Bureau of Freedmen's Affairs." That partment, to be called the Bureau of Freedmen, meaning | mention had been made
either in the bill passed bill was reported to the Senate, and the Senate thereby such persons as have become free since the begin || by the House or in the Senate's amendment. passed what it denominated a substitute for the
ning of the present war, under the care of a Commissioner, If the main subject of a bill can thus be shufHouse bill. Although called a substitute, it was,
with an anoual salary of $4,000, who shall be appointed
fled out, a new, different, and more important one in substance, simply an amendment. The main the Senate; and there shall be a chief clerk, acting also
slipped in by the report of a committee of con, idea of the House bill was to establish a separate as disbursing officer."
ference, and that report cannot be referred to and distinct bureau on the subject of the freed And then it goes on to create an authority to
a committee or divided like other propositions men and abandoned lands; the bill of the Senate the Commissioner of this bureau precisely parallel when the two Houses vote on its adopsion, does called a substitute accepted almost literally that and equivalent to that which was instituted by the it not change the essential forms of legislation as idea of the House bill, which is the pith and the first section of the House bill.
established by the Constitution and the rules of substance of both bills.
The position which I now state is this: that the the two Houses? If this report should be adopted The question, then, arises, to what extent is House bill having established a separate and dis
by the two Houses, I ask Senators if a bill to estab. the bill of the Senale, although it is called a sub tinct bureau, not a Department, for freedmen, and lish another Department of the Government, “a stitute, an amendment for the bill of the House? I
that being the main idea and object of the bill, || Department of Freedmen and Abandoned Lands,' think this proposition is true, logically, and ac and the Senate substituted an amendment having
has ever been introduced into either House of cording to parliamentary law, that where either accepted the same, and having agreed to the es Congress, referred to one of its standing commitHouse has passed a bill or joint resolution, and it is tablishment of this bureau, there is no dissent tees,
read three several times, passed, and then Bent to the other House for its action, so far as the between the two Houses, and consequently both
reported to the other House and there referred to other House does not dissent from the bill or joint sections of the two bills establish the same bu one of its standing committees, read three several resolution that is sent to it, the measure is adopted reau. Either House may adopt a bill or joint res
times, and passed? Who can tell the mischiefs by it. Upon that principle, then, the Freedmen's || olution passed by the other, in whole or part;
that would result from such a radical change in Bureau being the principal subject of the House || and, although its agreement was not in the same
the forms of legislation ? bill, being ite leading idea, and that being accepted words, if it were in substance, there could be a So much, sir, upon that branch of the subject. by the Senate's amendment, which is called a sub conference between them for no other purpose Now I will proceed to an analysis and examinastitule, there was no question of disagreement be- || than to make their language harmonize. The
tion of the bill under consideration, and as I deem !ween the two Houses in relation to that leading substance, sense, and meaning of their action be- the twelfth section of most importance, ! Will first idea of a separate Freedmen's Bureau, no amend- ling already in accordance, as to that there would
make my objections to it. 'That section is in ment to that provision of the House bill establish- || be nothing to harmonize. The only substantial
these words: ing the Freedmen's Bureau, Then this question arises: was the idea and the
point in which the Senate's amendment differed Sec. 12. And be it further enacted, That all assistant
from the House bill is that the latter created the commissioners, local superintendents, and clerks, as well provision of the House bill establishing a Freed- | bureau as of the War Department, the former as
as supervising special agents, shall be so far deemed to be
in the military service of the United States as to be liable to men's Bureau accepted and agreed to by the Sen- of the Treasury Department. Upon this point the trial by courts-martial or military commissions, lu be orate or not? If it was agreed to by the Senate, l action of the Senate was an amendment offered to dered by the commanding general of the ipilitary departthen the question of this bureau was closed by the House bill; but as to the establishment it was
mient within which they act as such assistant commiothe accordance, although there might be other pro:
sioners, local superintendents, clerks, or supervising special no amendment--it was the same thing in different visions of the House bil to which the Senate had ll words.
ugenis, And for all oflenses amounting to a felony; for
any act of embezzlement, or willful misapproprlation or
public or private property; for any willful act of oppres term "case" here has a larger significance than which it provides for may be enabled to progress sion of any freedman, or of any loyal inhabitant; for any
case" as it is applied to proceedings in with the work during the coming summer. Il is act of taking or receiving, directly or indirecily, any money
court, but still “
cases hiere meaus questions or thing of value on account of any act done or omitted by
of prime importance to our States that it should them in their official capacity; or for being in any manner relating to persons or things. That is the im be considered. inierested in any purchase of cotton, tobacco, sugir, or port, the meaning of the term, as it is used in Mr. CHANDLER. I am in favor of that bill, any other article produced upon any lands leased or worked
inis section of the Constitution. That is John- | but I hope that the Senators will not antagonize under the provisions of this net; or for any other williui violation of their official duties, upon conviction thereof,
son's definition of the term "case. " That of Web it with the measure in my charge, which has been shall be subject to punishment by five 1101 exceeding sler is “a state of facts involving a question for laid aside for the consideration of bulls from the $10,000, or imprisonment at hard labor for a period not discussion or decision.” Now, sir, I do not know Committee on Finance. Now, it is the special exceeding five years, or by both such fine and imprisonhow, with my limited knowledge of language, I order for to-day, and I hope it will be proceeded
with. That is a clause in the substitute bill; it is
could give a more precise and correct definition highly penal in its character; it creates a large of the term " case” than is expressed in these two
Mr. DOOLITTLE. Allow me to suggest to class of offenses that are not military offenses,
definitions. I should adopt the latter. It is a state my honorable friend from Michigan that the bill
of facts involving a question for discussion or de referred to by the Senator from Kentucky passed that are not cases arising in the land or naval
cision. It seems to me that that was the sense in the Senate, and I made a motion to l'econsider in forces of the United States, but that are civil
which the framers of the Constitution used the order to allow the Senator from Pennsylvania to offenses, to be perpetrated not by the soldiers or
term, and I take it for true that that is sense. be heard. I understand that when he has bcen seamen of the United States in the military or naval service, but by civilians; and those offenses,
Now, with that definition of a "case,"there were heard, and the Senator from Kentucky shall have
and necessarily would arise in the operations of replied, that subject will at once come to a vote, with all of the severe punishments which are denounced against them, are not to be tried by
the country and of the Governmeni two great and then we can take up the bill which the Senthe appropriate constitutional tribunals, the civil
classes of cases, one civil and the other military. ator from Michigan desires to consider, and go courts, according to the municipal laws, but by
I hold that it was the purpose of our wise and on with it. I think that course will expedite busi
watchful fathers who made this fundamental law this section of the bill are handed over to the jurisdiction of military tribunals appointed by
of government to draw a clear distinction between Mr. CHANDLER. I withdraw my motion, ihe commanding officer. Is it competent for Con
thelwo classes of cases, and to provide a radically with the understanding that the bill to which i
different creatment of the two classes of cases. have referred shall be taken up next. gress to pass a bill with such a provision in it? The honorable Senator from Pennsylvania (Mr.
In their distrust of and aversion to the tyranny The PRESIDENT pro tempore. The unfinished Cowan) a few days ago brought up this question of military power they chose to adopt this im- | business of yesterday is the motion of the Sena
lor from Wisconsin (Mr. DOOLITTLE] to reconbefore the Senate, and with a power and force of portant principle, which in the language of Mr.
John Quincy Adams, in my judgment“ will abide sider the vote by which the Senate passed the bill argument far beyond anything that I can com
the rest of lime, of talents, and of human scru (S. No. 392) supplementary to an act approved mand, so far won its reason and judgment as that it voted by a decided majority to strike out a
tiny," that a mere civilian, at no time, upon no July 14, 1862, entitled "An act to establish cersimilar provision in another; and in lieu of it gave
charge, under no state of case, should ever be put tain post roads."
upon trial, for a capital or otherwise infamous Mi, COWAN. This bill, Mr. President, proto the civil courts the trial of such offenders. What has the Senate to do in order to reject
offense, before a military court, where the law is vides for the construction of a bridge across the
the mere will of the court itself, or of the com Ohio river at Louisville. It provides that its this bill, with such a provision in it, but to follow up its action and the encouraging precedent | manding officer who convenes it, where there is height shall not be less than fifty-six feet above
an utter, reckless abnegation of constitutionaland low-water mark; that it shall be constructed with which it set on that occasion? The learned Sen
of all the provisions of civil law, where, in the three draws sufficient to pass the largest boats ator's reasoning and constitutional objections are more pointed and cogent in their application | language of Wellington," martial law is only the navigating the Ohio river, one over the Indiana lo the bill now under consideration than they
will of the commander-in-chief, and its effect is chute, one over the middle chute, and one over were to the section which was assaulted with so
to overthrow all other law-to make the will of the canal. The spans of the bridge are not to be much vigor and success by him. But, sir, I pro
the commander-in-chief the supreme, unquestion- || less than two hundred and forty feet, exceptover
the Indiana and middle chutes, and the canal.
The bridge is to be constructed with draws of one
BRIDGE ACROSS THE ONIO. HOWARD,) whose ability as a lawyer, logician,
hundred and fifty feet wide on each side of the and slalsman, it is my pleasure to concede, and
The PRESIDENT pro tempore. The Chair | pivot-pier over the Indiana and middle chutes, whose purity and patriotism of purpose I am fur
must now interrupt the Senator and call up the and ninety feet wide over the canal. from questioning, differs so essentially from me
special order, being the unfinished business of It is not necessary that I should remind the in relation to what I conceive to be the most fun
yesterday, which is the motion to reconsider the Senate of the importance of the Ohio river as a damental and vital principles of the Constitution
vote on the passage of the bill (S. No. 392) sup highway to the commerce of the great valley of -without which, or which practically overruled
plementary to an act approved July 14, 1862, the Mississippi. A thousand miles in length, and disregarded, I would not give a farthing for
entitled "An act to establish certain post roads." carrying upon its current more in a single day the Constitution itself-ihat I feel it incumbent
Mr. SUMNER. I hope the Senator from Ken than all the railroads of the country can carry in upon me lo examine at some length these princi
tucky may have the privilege of finishing his re a month, it becomes of the greatest importance ples, and the provisions of the Constitution which marks to-day on this matter.
that that navigation should be free and unob
Mr. CHANDLER. There is a special order structed. Serators will remember that in 1862 bear upon this section of the bill.
for to-day al one o'clock, House bill No. 307, Sir, the Senate is often engaged in the consider
this question came before the Senate upon a proation of great questions, questions of permanent
regulating commerce among the several States, | posal to construct a railroad bridge across the and immeasurable interesi to the American peo
which I hope will be taken up. The report which Ohio river at Steubenville. It was very much ple, to the present generation and to all posterity: || dently lead to a long debate, pro and con., and I
has been under discussion this morning will evi- || investigated at that time, and a very considerable In my bumble judgment it never was engaged in
amount of testimony was adduced before the the consideration of one of more essential and in
desire to have this bill considered to-day. It has Committee on Post Offices and Post Roads in or
already gone over several times, and I am anxious der to ascertain in what way such a bridge might appreciable importance than that now before it.
to have it disposed of. I move that all other Where had this important provision of the Con
be constructed without injury to the navigation. stitution its paternity? What people devoted to
orders be laid aside and that the Senate proceed | The bill which passed on that occasion, and which constitutional liberty and jealous of their rights,
to the consideration of the bill which was made was approved on the 14th of July, 1862, authorand especially of the absorbing and domineering the special order for to-day.
izing the Sleubenville bridge, provided that it tendencies of military courts, suggested the first
Mr. POWELL. I hope the unfinished busi should be at least three hundred feet wide, and I provision of the fifth amendment to the Constitu
ness will not be postponed. It is a matter of very think it was shown pretty conclusively before the tion? It originated in the State of Massachusetts.
great importance to have that bill passed. It is committee that any other constraction than that It was prominent among the constitutional amend: pending here on a motion to reconsider, and un
there would be an impediment to the navigation ments which that greal Slate, I will say in that
less it be passed very soon there will not be time of the river. early day of our history that enlightened and
to get it through the House of Representatives, That bridge was constructed there, nine hunpatriotic State, but now how deplorably fallen,
I hope it will not be postponed but will be acted dred miles above the mouth of the Ohio river, presented for the adoption of all the States as an
upon. I do not think it will lead to much debate. with spans of three hundred feet and an elevation amendment to the Consitution, and is in these
The Senator from Pennsylvania [Mr. Cowan] of ninety feet above the water. It was supposed words:
will make a speech in favor of the motion to re at that time to be a final settlement of the ques. "No person shall be held to answer for a capital, or other
consider, and I propose to speak not over ten or tion, so far as it could come before this Legislawise intainous crime, unless on a presentment or indict
fifteen minutes in reply, and then I am willing to ture. Here, however, we find a bill now which ment of a grand jury, except in cases arising in the land or submit the question to the vote of the Senate. proposes to throtile this river, to narrow its ca. Haval forces,” &c.
Mr. CHÅNDLER. I hope the Senate will pacity, some five hundred miles below, and the Now, sir, let us examine this provision. My | proceed to the consideration of the bill which was effect of which will be to compel the whole navi: honorable friend from Michigan attempted a desi inade the special order for to-day.
gation of the river above to accommodate itself nition of the term "case" used in it a few days The PRESIDENT pro tempore. The question to the narrow passage under this proposed bridge. since. That is one of the essential words in this is on the motion of the Senator from Michigan to The place where ihis bridge is proposed to be clause, the meaning of which ought to be clearly postpone all prior orders and proceed to the con- || located is one of great importance. It will be ascertained if practicable. Then the other ini sideration of House bill No. 307.
observed by Senators that it is to be located at portall phrase “ forces," a correct understanding Mr. HENDRICKS. I hope that motion will the head of the falls of the Ohio river, the most of which is equally necessary to a proper con not be agreed to. The measure referred to by the difficult and dangerous piece of navigation upon struction of this important provision of the Con- || Senator from Kentucky need not occupy much the whole river. It is to be located at a place stitution. What are cases arising in the land or of the time of the Senate. It is very important where it requires great care and circumspection naval forces? What is a case! All lawyers un that that bill shall be passed at this session, so to achieve the channel at all, a place where it is derstand what a case in court is. I admit that the that the railroads interested in the important work || impossible at certain stages of the water to land
heavy floats in order to prepare them for a pas any very rapid current, and the consequence there position from anybody, of a thousand feet span, sage through the draws which are to be constructed is that it requires the greatest skill and the great and ninety feet above the water? Nobody has in this bridge; and I have no hesitation in saying est care to avoid accidents even with less cargoes shown and nobody can show that such a thing that, if this bridge be erected, it will operate to than those that I have described.
is impossible. cripple the navigation of the whole river above, Mr. President, I think it would be exceedingly It is said the banks of the river are low. I do and that for most obvious reasons. The ordinary | unjust to the people inhabiting the States of Ohio, not care how low they may be. This bridge now, boats on the river require a space of eighty-five West Virginia, and the upper part of Pennsyl- it seems, can be fifty-six feet above the water. or ninety feet high in order to enable them to pass vania, that this obstruction should be put here, What you want, then, is to elevate it forty-four under il--that is to say, a first-class boat, with its particularly when you come lo ascertain how feet higher, to make it according to the Steubenchimney, is from eighty to ninety feet high. It very easy it would be to avoid all this difficulty. | ville standard. What distance will you require . is not pretended that such boats can pass under The other day we authorized the construction in order to attain that elevation upon an easy this bridge; and, as a matter of course, they will of a bridge across the Ohio river at Cincinnati. Il grade of railroad? Ninety feet to the mile is not be obliged to pass through the draw, and this That was a suspension bridge with a span of a a very heavy grade on a railroad. This river itdraw-wide enoughi, perhaps, to allow them to thousand feet, and instead of being ninety feet self is over four thousand feet wide, four fifths of pass-is to be opened and shul, and these boats above the water, as the Steubenville bridge is, it hiave to detain themselves until that is done, and
of ing it in the center, you might aitain, perhaps, to detain themselves upon the very brink of the it. Why not build this bridge in that way? almost the elevation you require. But that is not falls, the very place where it would be most difii Where is the necessity of narrowing the span necessary. It is not necessary that your railrond cull of all others to stop, and wait the adjustment upon this bridge to two hundred and forty feet, shall run at a dead level until you come to the of the draw; and if they are coming up the falls when it is obvious, and a matter of actual exper bank of the river. You may commence half a I cannot see how it would be possible that they || iment, that the span can be made a thousand mile back, if you please, and trestle up until you could stop on such a place as that for such a pur feet? Where is the necessity of putting it down get to the proper elevation. pose. I believe there are Senators who know to fifty-six feet above low-water mark when that I take ii that this Senate would be recreant to something about a bridge that was built across at Cincinnati is built one hundred feet above low its duty here if it allowed any company to put a the Mississippi river ai Rock Island, and know water mark? I know the answer to these ques. bridge across there that would obstruct the navisomething about the accidents which occurred tions; but what does it amount to? Simply this, I gation when it is possible to put one there that there from the very causes to which I am now re that such a bridge would cost $200,000 more. I would protect the navigation. I think that is not ferring. At that bridge a very large amount of have no doubt that the trade of the Ohio river, a question that Senators should be in doubt about property was destroyed; and I believe it was con with one mill upon its tonnage for a single year, at all. They should not come here and ask that sidered by the country so much of a nuisance as would pay for that difference; and yet the whole a general right may be set aside to subserve a prirequired inat it should be finally abated.
trade and travel upon that river is to be obstructed vate interest, however much that private interest So far as the draws are concerned in this bridge and impeded, for the sake of what? To save that may connect itself with the public; but they ought at the falls, one hundred and fifty feet in widih which, compared with the whole trade, is the to come with such evidence as would leave io every would do if it were possible and not dangerous to merest mole in the sunbeam.
member of this Senate no doubt but that the great open and shut a draw of such lengin. Tithe Sen The honorable Senator from Vermont (Mr. | public right would be preserved. ale will suppose an arm of one hundred and fifty || COLLAMER) tells me that the length of this bridge Suppose these companies were to begin half a feet long to be stretched each side of a central pier, il is to be four thousand seven hundred feet. If that mile from the river bank on each side, in order to they will have an idea of the time that will be ne be so, it is only another argument in favor of the raise an embankment to get forty-four feet of elecessary to swing that draw, to open ii, to turn ease with which it can be made one hundred vation, what would that cost? By embankment those arms in the direction of the current, and feet high. It is said that the banks of the Ohio itself it would not cost $200,000; and by trestlethen close them across the stream afterward. I river are so low at this point that the bridge can work it would not cost near so much; and shall suppose the larger boats, the passenger-carrying not be built more than fifty-six feet above the level you impede or impair or even threaten the naviboats of the river, might stop to awaitthis opening of the water. Why, sir, is there any difficulty | gation of this greai highway for such a considerand shutting of the draw, and I suppose there is about trestling up at the ends or embanking at ation as that. I hope not, sir. I should be exenough space so that they could get through; but the ends? In order to preserve such an immense ceedingly sorry to believe that such a thing would the objection comes more particularly from a large interest at stake as the people of the three or four be agreed to by Senators who have had an opporpumber of people who are engaged in a different States I have named have in the free navigation of tunity of knowing these things, particularly when kind of carrying trade, coal and lumber. The the Ohio river, an embankment of a mile on either they have once been investigate here at great passage that will be open to them at the widest- | side of the river, in order to attain the necessary length, as the honorable Senator from Vermont and that is not in the channel because the draws elevation, would be the merest bagatelle in the (Mr. COLLAMER) will testify when his memory is occupy the channel-he spans over other parts world compared with the effect that this bridge refreshed by the provisions of the law of July 14, of the river where they will be obliged to run will have upon all the navigation of that river. I 1862, in relation to the Steuben ville bridge, when through are limited here and cut down to two have not a doubt about it in the world; and I it was absolutely shown that nothing short of a hundred and forly feet. It will be utterly im- | speak, to some extent, knowingly upon this sub span of three hundred feet would satisfy the repossible to conduct the navigation and trade of | ject. I know the difficulties of the navigation of quirements of the navigation of that river; and ihat river upon the same principle which is now This river, and I know how immensely they would since that time, as I have before stated, there is adopted if you narrow these spans to two hun be increased by a wall across it, such as is pro the most conclusive evidence in the world that a dred and forly feet. The tows themselves are posed here. I know, too, what will be the feelings bridge can be built there that will be unexceptionoften wider than that; and they range from one of the free citizen when he comes to an obstruction able to everybody. I hope, therefore, that this hundred and eighty to two hundred and twenty of that kind, which is utterly and totally unneces bill will be reconsidered. feet. One not conversant with this kind of navi sary. It may be very convenient to the railroad Mr. COLLAMER. Do you want to amend it? gation might suppose it would be very easy to company that builds it; it may save them two or Mr. COWAN. I wish to make it precisely the run a boat two hundred feet wide between a pair Three hundred thousand doilars, but it will save same as the bill for the bridge across the Ohio of piers that were two hundred and forty feet wide; || them that at a loss of millions upon millions on river at Steubenville. It is manifest to everybody but Senators must remember that the pilot who the trade of that river, and in all time, as long as that all the people navigating this river must acundertakes to achieve this task must begin a mile || it lasts. It is not to be a mere temporary obstruc
commodate ihemselves to its narrowest passages. away from the passage, and then he must begin || tion; it is not to remain there for a month or a If you make the passage only one hundred feet with the enormous weight of tows, some three or year, but it is to remain there for all time. This wide, then they must cut down their foats to one four hundred feet long and some two hundred feet | privilege, this right, which we are about to give hundred feet. There is no use in having a three wide, carrying the heaviest of all commodities, away to private corporations and take from the hundred feet span at Steubenville if you have a bituminous stone coal. These barges are one whole people, is to endure and remain forever. two hundred and forty feet span below in one part hundred feet long, six or seven seet draughi, and We may sit here and take no interest in this of the river. There is no use of having a bridge twenty fect wide, all tied to a small lug-boat cal subject; we may suppose that it is a trifle; but with ninety feet elevation at Steubenville and one culated simply to give the whole mass weight or if we remember the thousands and thousands of hundred feet at Wheeling and one hundred feet momentum enough for the ordinary navigation people with their property upon that river for at Cincinnati, if at Louisville there is to be a bridge of the river, but utterly unable to turn it readily more than six months in the year, and the stake with but fifty-six feet elevation. and quickly so as to correct any error that the they have in that property, oftentimes their all 1
propose to read the action of the Pittsburg pilot might make in his calculation at that dis- || embarked in a single boat or tow, then it becomes Coal Exchange upon this subject; and this is the
I venture to say that nine out of every another question, and it becomes us to protect opinion of men who are engaged in this trade, ten of the pilois upon that river, unless it is those them. They have a right unquestionably to the and who understand this subject much better than who are constantly engaged in running il-I mean free navigation of the river. It is public prop men not engaged in it might be supposed to unthe ordinary pilois who run it in times of freshets erty. It belongs to the whole people. I belongs derstand it: when alone ihese heavy cargoes can go down to you and me and all of us; and are we to give
“ Whereas there is a bill now before Congress to authorthe river-cannot strike that passage, or know it away? To whom? To give it away to private
ize the construction of a railroad bridge across the Ohio
river at the falls, ncar Louisville, on a plan which, in our whether they are going to strike it until they are corporations to our own detriment. There might
opinion, would be ruinous to the navigation of the river, close to it. Even if you get the bow or fore part be some argument for it if it was absolutely ne more particularly to those engaged in towing coal : Thereof this tow within that narrow strait, if you come cessary; but it is proposed to give it away loihem into it aslant, before your boats get through, your to our own detriment, in order that they may be
"Resolved, That we respectfully but earnestly protest sideways with the whole tow will be against the able to cross it by means of a cheap structure.
against the erection of said bridge ou the plan mentioned in
said bill, for the following reasons, namely: pier.
Now, I ask Senators what is to prevent them " First. It does not specify at what point they intend to We have had some experience with regard to making a bridge of three hundred feet span just the Steuben ville bridge where the spans are three as well as they made such a bridge at Steuben I might remark that that very omission is fatal hundred feet wide, and where the river is com ville? What is to prevent these companies from in this bill for a reason that they give below. paratively smooth and unobstructed, and without Il constructing a bridge, that will meet with no op “ This is a scrious matter, as there are points where the
cross the falls."
erection of a bridge would stop navigation, while there are other points where it might be possible to place piers without interfering much with the navigation."
There are points where the erection of a bridge would not only hinder and impede the navigation but absolutely stop it entirely. If the bridge was located at a particular point on the falls where the river runs with almost lightning rapidity, it would be utterly impossible to stop a boat if the draw was not open, and if a railroad train was just passing, it would be impossible to open the draw in order to let the boat ihrough, and then you would have the same accidents which have characterized the bridge at Rock Island across the Mississippi.
“Second. The height proposed is too low; there is no low-water mark on the falls".
Which may seem to be a paradox, but the water runs away so rapidly over the falls that the rise there, however much it may be above and below, amounts to nothing. It is very much like pouring molasses out of a pitcher: the stream may be as thick as your wrist at the spout, and yet by its accelerated velocity in falling, when it gets near the floor it is almost as thin as a hair from going so much more rapidly.
“The river rises sometimes thirty feet; and when it is safe for heavy boats to run over the falls it would not give forty feet above water, which would not let a steamer under without chimneys.”
It would not let the boats on the Ohio river through even if they were to take off their chimneys entirely, and the chimneys themselves are from forty to fifty feet above the hurricane deck of the boats.
“ Third. The proposed width of piers at the schutes of one hundred and filiy feet is entirely too little. Our lowboats with their barges frequently require a width of two hundred feel, and seldom less than one hundred and twenty."
All this may seem strange to Senators, and yet it is nevertheless true, and sometimes they not only reach two hundred feel, but they have even gone down with a width of two hundred and Beventy feet. There will be, perhaps, twenty or twenty-five of these barges all tied together, presenting a front of ten, twelve, and fourteen barges, and in the inside of them a tug-boat with an engine, driving that immense mass down the river, and when it has taken them down it returns and another set of barges are taken down in the same way. Can it be supposed that a boatman on one of ihese floats in a dark night, if you please, in a fog, in a storm, or in any of the thousand contingencies which assail the boatman in his perilous way, can hit with a' boat two hundred feet wide a passage two hundred and forly feet wide? If he did hit it with an ordinary boat he would not be doing a bad business; but certainly he could not do it with the old broad-horn, the old flatboat. He might do it if he was out upon the land, if he was in a forest where he had plenty of landmarks, but when you throw him out in the midst of a river over four thousand feet wide, with nothing but the current, nothing but the smooth glassy surface of water to guide him, he may be iwo hundred and forty feet out of his way and he may be five hundred out of it, and he cannot know it until he is almost upon the obstruction.
It is not only the case with the piers in the river, but it is the case with islands in the river. Go down the river at any time you please, and at the head of these islands you will find wreck after wreck of boats; and why? Were they only two hundred and forty feet wide? The pier will be only twenty-five or thirty feet. But it is impossible to avoid these islands, presenting as they do for a long distance this immense front, and the boats run upon them; and yet here you suppose that men can safely narrow themselves down to a two hundred and forty feet channel in a river of this widih. Sir, it is impossible; it is not in the nature of things. You may get up to it, because you come up very slowly, and if you do not happen to come up right, you can go back on the falls as fast as you want to do; but if you are coming down you cannot stop; you cannot change your direction; you are at the mercy of this enormous mass of floating matter, while your boat has not power enough and you cannot give it momentum enough to enable you to guide it or to turn it.
“Now the danger of running the falls without any artificial obstructions is very grat; and we are satisfied that with piers placed as proposed, it would be nearly impossible to run with any sucury. We have come to this conclusion, from our experience in ruuuing the piers of the Steu
benville bridge, which are three hundred feet apart; and to the public interest that this railway bridge be
constructed across the falls of the Ohio river. It
“ Resolved, That we do not wish to say or do anything is at that point that the roads from the North west
commenced this Government has lost over a mil-
lion dollars in consequence of the obstruction of
Now, Mr. President, one word more. What || Jefferson ville railroad and the other of the Louis-
I hope, therefore, that the bill will be recon gation.
concerned, allow me to tell the Senator that when-
The falls of the Ohio are about two and a half
ville Railroad Company, two very intelligent gen-